I 

111TH CONGRESS 

1ST SESSION H. R. 3326 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 6, 2009 

Ordered to be printed with the amendment of the Senate 

[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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2010, for military func6 tions administered by the Department of Defense and for 

7 other purposes, namely: 


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1 TITLE I 

2 MILITARY PERSONNEL 

3 MILITARY PERSONNEL, ARMY

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the 

9 Army on active duty (except members of reserve compo10 nents provided for elsewhere), cadets, and aviation cadets; 

11 for members of the Reserve Officers’ Training Corps; and 

12 for payments pursuant to section 156 of Public Law 97– 

13 377, as amended (42 U.S.C. 402 note), and to the Depart14 ment of Defense Military Retirement Fund, 

15 $39,901,547,000. 

16 MILITARY PERSONNEL, NAVY

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the 

22 Navy on active duty (except members of the Reserve pro23 vided for elsewhere), midshipmen, and aviation cadets; for 

24 members of the Reserve Officers’ Training Corps; and for 

25 payments pursuant to section 156 of Public Law 97–377, 


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1 as amended (42 U.S.C. 402 note), and to the Department 

2 of Defense Military Retirement Fund, $25,095,581,000. 

3 MILITARY PERSONNEL, MARINE CORPS

4 For pay, allowances, individual clothing, subsistence, 

5 interest on deposits, gratuities, permanent change of sta6 tion travel (including all expenses thereof for organiza7 tional movements), and expenses of temporary duty travel 

8 between permanent duty stations, for members of the Ma9 rine Corps on active duty (except members of the Reserve 

10 provided for elsewhere); and for payments pursuant to sec11 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

12 402 note), and to the Department of Defense Military Re13 tirement Fund, $12,528,845,000. 

14 MILITARY PERSONNEL, AIR FORCE

15 For pay, allowances, individual clothing, subsistence, 

16 interest on deposits, gratuities, permanent change of sta17 tion travel (including all expenses thereof for organiza18 tional movements), and expenses of temporary duty travel 

19 between permanent duty stations, for members of the Air 

20 Force on active duty (except members of reserve compo21 nents provided for elsewhere), cadets, and aviation cadets; 

22 for members of the Reserve Officers’ Training Corps; and 

23 for payments pursuant to section 156 of Public Law 97– 

24 377, as amended (42 U.S.C. 402 note), and to the DepartVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 ment of Defense Military Retirement Fund, 

2 $25,938,850,000. 

3 RESERVE PERSONNEL, ARMY

4 For pay, allowances, clothing, subsistence, gratuities, 

5 travel, and related expenses for personnel of the Army Re6 serve on active duty under sections 10211, 10302, and 

7 3038 of title 10, United States Code, or while serving on 

8 active duty under section 12301(d) of title 10, United 

9 States Code, in connection with performing duty specified 

10 in section 12310(a) of title 10, United States Code, or 

11 while undergoing reserve training, or while performing 

12 drills or equivalent duty or other duty, and expenses au13 thorized by section 16131 of title 10, United States Code; 

14 and for payments to the Department of Defense Military 

15 Retirement Fund, $4,308,513,000. 

16 RESERVE PERSONNEL, NAVY

17 For pay, allowances, clothing, subsistence, gratuities, 

18 travel, and related expenses for personnel of the Navy Re19 serve on active duty under section 10211 of title 10, 

20 United States Code, or while serving on active duty under 

21 section 12301(d) of title 10, United States Code, in con22 nection with performing duty specified in section 12310(a) 

23 of title 10, United States Code, or while undergoing re24 serve training, or while performing drills or equivalent 

25 duty, and expenses authorized by section 16131 of title 


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1 10, United States Code; and for payments to the Depart2 ment of Defense Military Retirement Fund, 

3 $1,918,111,000. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Marine 

7 Corps Reserve on active duty under section 10211 of title 

8 10, United States Code, or while serving on active duty 

9 under section 12301(d) of title 10, United States Code, 

10 in connection with performing duty specified in section 

11 12310(a) of title 10, United States Code, or while under12 going reserve training, or while performing drills or equiv13 alent duty, and for members of the Marine Corps platoon 

14 leaders class, and expenses authorized by section 16131 

15 of title 10, United States Code; and for payments to the 

16 Department of Defense Military Retirement Fund, 

17 $610,580,000. 

18 RESERVE PERSONNEL, AIR FORCE

19 For pay, allowances, clothing, subsistence, gratuities, 

20 travel, and related expenses for personnel of the Air Force 

21 Reserve on active duty under sections 10211, 10305, and 

22 8038 of title 10, United States Code, or while serving on 

23 active duty under section 12301(d) of title 10, United 

24 States Code, in connection with performing duty specified 

25 in section 12310(a) of title 10, United States Code, or 


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1 while undergoing reserve training, or while performing 

2 drills or equivalent duty or other duty, and expenses au3 thorized by section 16131 of title 10, United States Code; 

4 and for payments to the Department of Defense Military 

5 Retirement Fund, $1,600,462,000. 

6 NATIONAL GUARD PERSONNEL, ARMY

7 For pay, allowances, clothing, subsistence, gratuities, 

8 travel, and related expenses for personnel of the Army Na9 tional Guard while on duty under section 10211, 10302, 

10 or 12402 of title 10 or section 708 of title 32, United 

11 States Code, or while serving on duty under section 

12 12301(d) of title 10 or section 502(f) of title 32, United 

13 States Code, in connection with performing duty specified 

14 in section 12310(a) of title 10, United States Code, or 

15 while undergoing training, or while performing drills or 

16 equivalent duty or other duty, and expenses authorized by 

17 section 16131 of title 10, United States Code; and for pay18 ments to the Department of Defense Military Retirement 

19 Fund, $7,525,628,000. 

20 NATIONAL GUARD PERSONNEL, AIR FORCE

21 For pay, allowances, clothing, subsistence, gratuities, 

22 travel, and related expenses for personnel of the Air Na23 tional Guard on duty under section 10211, 10305, or 

24 12402 of title 10 or section 708 of title 32, United States 

25 Code, or while serving on duty under section 12301(d) of 


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1 title 10 or section 502(f) of title 32, United States Code, 

2 in connection with performing duty specified in section 

3 12310(a) of title 10, United States Code, or while under4 going training, or while performing drills or equivalent 

5 duty or other duty, and expenses authorized by section 

6 16131 of title 10, United States Code; and for payments 

7 to the Department of Defense Military Retirement Fund, 

8 $2,949,899,000. 

9 TITLE II 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Army, as author14 ized by law; and not to exceed $12,478,000 can be used 

15 for emergencies and extraordinary expenses, to be ex16 pended on the approval or authority of the Secretary of 

17 the Army, and payments may be made on his certificate 

18 of necessity for confidential military purposes, 

19 $30,454,152,000. 

20 OPERATION AND MAINTENANCE, NAVY

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance of the Navy and the 

23 Marine Corps, as authorized by law; and not to exceed 

24 $14,657,000 can be used for emergencies and extraor25 dinary expenses, to be expended on the approval or authorVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 ity of the Secretary of the Navy, and payments may be 

2 made on his certificate of necessity for confidential mili3 tary purposes, $34,885,932,000 (increased by 

4 $1,000,000) (reduced by $1,000,000): Provided, That 

5 $60,199,000 shall be made available for the Joint POW/ 

6 MIA Accounting Command. 

7 OPERATION AND MAINTENANCE, MARINE CORPS

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance of the Marine Corps, 

10 as authorized by law, $5,557,510,000. 

11 OPERATION AND MAINTENANCE, AIR FORCE

12 For expenses, not otherwise provided for, necessary 

13 for the operation and maintenance of the Air Force, as 

14 authorized by law; and not to exceed $7,699,000 can be 

15 used for emergencies and extraordinary expenses, to be ex16 pended on the approval or authority of the Secretary of 

17 the Air Force, and payments may be made on his certifi18 cate of necessity for confidential military purposes, 

19 $33,785,349,000. 

20 OPERATION AND MAINTENANCE, DEFENSE-WIDE

21 For expenses, not otherwise provided for, necessary 

22 for the operation and maintenance of activities and agen23 cies of the Department of Defense (other than the military 

24 departments), as authorized by law, $27,929,377,000: 

25 Provided, That not more than $50,000,000 may be used 


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1 for the Combatant Commander Initiative Fund authorized 

2 under section 166a of title 10, United States Code: Pro3 vided further, That of the funds provided under this head4 ing, not less than $29,732,000 shall be made available for 

5 the Procurement Technical Assistance Cooperative Agree6 ment Program, of which not less than $3,600,000 shall 

7 be available for centers defined in 10 U.S.C. 2411(1)(D): 

8 Provided further, That none of the funds appropriated or 

9 otherwise made available by this Act may be used to plan 

10 or implement the consolidation of a budget or appropria11 tions liaison office of the Office of the Secretary of De12 fense, the office of the Secretary of a military department, 

13 or the service headquarters of one of the Armed Forces 

14 into a legislative affairs or legislative liaison office. 

15 OPERATION AND MAINTENANCE, ARMY RESERVE

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Army Reserve; re19 pair of facilities and equipment; hire of passenger motor 

20 vehicles; travel and transportation; care of the dead; re21 cruiting; procurement of services, supplies, and equip22 ment; and communications,$2,621,196,000. 

23 OPERATION AND MAINTENANCE, NAVY RESERVE

24 For expenses, not otherwise provided for, necessary 

25 for the operation and maintenance, including training, orVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 ganization, and administration, of the Navy Reserve; re2 pair of facilities and equipment; hire of passenger motor 

3 vehicles; travel and transportation; care of the dead; re4 cruiting; procurement of services, supplies, and equip5 ment; and communications, $1,280,001,000. 

6 OPERATION AND MAINTENANCE, MARINE CORPS

7 RESERVE

8 For expenses, not otherwise provided for, necessary 

9 for the operation and maintenance, including training, or10 ganization, and administration, of the Marine Corps Re11 serve; repair of facilities and equipment; hire of passenger 

12 motor vehicles; travel and transportation; care of the dead; 

13 recruiting; procurement of services, supplies, and equip14 ment; and communications, $228,925,000. 

15 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

16 For expenses, not otherwise provided for, necessary 

17 for the operation and maintenance, including training, or18 ganization, and administration, of the Air Force Reserve; 

19 repair of facilities and equipment; hire of passenger motor 

20 vehicles; travel and transportation; care of the dead; re21 cruiting; procurement of services, supplies, and equip22 ment; and communications, $3,079,228,000. 


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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For expenses of training, organizing, and admin4 istering the Army National Guard, including medical and 

5 hospital treatment and related expenses in non-Federal 

6 hospitals; maintenance, operation, and repairs to struc7 tures and facilities; hire of passenger motor vehicles; per8 sonnel services in the National Guard Bureau; travel ex9 penses (other than mileage), as authorized by law for 

10 Army personnel on active duty, for Army National Guard 

11 division, regimental, and battalion commanders while in12 specting units in compliance with National Guard Bureau 

13 regulations when specifically authorized by the Chief, Na14 tional Guard Bureau; supplying and equipping the Army 

15 National Guard as authorized by law; and expenses of re16 pair, modification, maintenance, and issue of supplies and 

17 equipment (including aircraft), $6,353,627,000. 

18 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

19 For expenses of training, organizing, and admin20 istering the Air National Guard, including medical and 

21 hospital treatment and related expenses in non-Federal 

22 hospitals; maintenance, operation, and repairs to struc23 tures and facilities; transportation of things, hire of pas24 senger motor vehicles; supplying and equipping the Air 

25 National Guard, as authorized by law; expenses for repair, 


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1 modification, maintenance, and issue of supplies and 

2 equipment, including those furnished from stocks under 

3 the control of agencies of the Department of Defense; 

4 travel expenses (other than mileage) on the same basis as 

5 authorized by law for Air National Guard personnel on 

6 active Federal duty, for Air National Guard commanders 

7 while inspecting units in compliance with National Guard 

8 Bureau regulations when specifically authorized by the 

9 Chief, National Guard Bureau, $5,888,741,000. 

10 UNITED STATES COURT OF APPEALS FOR THE ARMED

11 FORCES

12 For salaries and expenses necessary for the United 

13 States Court of Appeals for the Armed Forces, 

14 $13,932,000, of which not to exceed $5,000 may be used 

15 for official representation purposes. 

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $415,864,000, to 

19 remain available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such 

21 funds are required for environmental restoration, reduc22 tion and recycling of hazardous waste, removal of unsafe 

23 buildings and debris of the Department of the Army, or 

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 


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1 to the Department of the Army, to be merged with and 

2 to be available for the same purposes and for the same 

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation: 

8 Provided further, That the transfer authority provided 

9 under this heading is in addition to any other transfer au10 thority provided elsewhere in this Act. 

11 ENVIRONMENTAL RESTORATION, NAVY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Navy, $285,869,000, to 

14 remain available until transferred: Provided, That the Sec15 retary of the Navy shall, upon determining that such 

16 funds are required for environmental restoration, reduc17 tion and recycling of hazardous waste, removal of unsafe 

18 buildings and debris of the Department of the Navy, or 

19 for similar purposes, transfer the funds made available by 

20 this appropriation to other appropriations made available 

21 to the Department of the Navy, to be merged with and 

22 to be available for the same purposes and for the same 

23 time period as the appropriations to which transferred: 

24 Provided further, That upon a determination that all or 

25 part of the funds transferred from this appropriation are 


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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation: 

3 Provided further, That the transfer authority provided 

4 under this heading is in addition to any other transfer au5 thority provided elsewhere in this Act. 

6 ENVIRONMENTAL RESTORATION, AIR FORCE

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Air Force, $494,276,000, 

9 to remain available until transferred: Provided, That the 

10 Secretary of the Air Force shall, upon determining that 

11 such funds are required for environmental restoration, re12 duction and recycling of hazardous waste, removal of un13 safe buildings and debris of the Department of the Air 

14 Force, or for similar purposes, transfer the funds made 

15 available by this appropriation to other appropriations 

16 made available to the Department of the Air Force, to be 

17 merged with and to be available for the same purposes 

18 and for the same time period as the appropriations to 

19 which transferred: Provided further, That upon a deter20 mination that all or part of the funds transferred from 

21 this appropriation are not necessary for the purposes pro22 vided herein, such amounts may be transferred back to 

23 this appropriation: Provided further, That the transfer au24 thority provided under this heading is in addition to any 

25 other transfer authority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of Defense, $11,100,000, to re4 main available until transferred: Provided, That the Sec5 retary of Defense shall, upon determining that such funds 

6 are required for environmental restoration, reduction and 

7 recycling of hazardous waste, removal of unsafe buildings 

8 and debris of the Department of Defense, or for similar 

9 purposes, transfer the funds made available by this appro10 priation to other appropriations made available to the De11 partment of Defense, to be merged with and to be avail12 able for the same purposes and for the same time period 

13 as the appropriations to which transferred: Provided fur14 ther, That upon a determination that all or part of the 

15 funds transferred from this appropriation are not nec16 essary for the purposes provided herein, such amounts 

17 may be transferred back to this appropriation: Provided 

18 further, That the transfer authority provided under this 

19 heading is in addition to any other transfer authority pro20 vided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, FORMERLY USED

22 DEFENSE SITES

23 (INCLUDING TRANSFER OF FUNDS)

24 For the Department of the Army, $277,700,000, to 

25 remain available until transferred: Provided, That the SecVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 retary of the Army shall, upon determining that such 

2 funds are required for environmental restoration, reduc3 tion and recycling of hazardous waste, removal of unsafe 

4 buildings and debris at sites formerly used by the Depart5 ment of Defense, transfer the funds made available by this 

6 appropriation to other appropriations made available to 

7 the Department of the Army, to be merged with and to 

8 be available for the same purposes and for the same time 

9 period as the appropriations to which transferred: Pro10 vided further, That upon a determination that all or part 

11 of the funds transferred from this appropriation are not 

12 necessary for the purposes provided herein, such amounts 

13 may be transferred back to this appropriation: Provided 

14 further, That the transfer authority provided under this 

15 heading is in addition to any other transfer authority pro16 vided elsewhere in this Act. 

17 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

18 For expenses relating to the Overseas Humanitarian, 

19 Disaster, and Civic Aid programs of the Department of 

20 Defense (consisting of the programs provided under sec21 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

22 United States Code), $109,869,000, to remain available 

23 until September 30, 2011. 


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1 COOPERATIVE THREAT REDUCTION ACCOUNT

2 For assistance to the republics of the former Soviet 

3 Union, including assistance provided by contract or by 

4 grants, for facilitating the elimination and the safe and 

5 secure transportation and storage of nuclear, chemical and 

6 other weapons; for establishing programs to prevent the 

7 proliferation of weapons, weapons components, and weap8 on-related technology and expertise; for programs relating 

9 to the training and support of defense and military per10 sonnel for demilitarization and protection of weapons, 

11 weapons components and weapons technology and exper12 tise, and for defense and military contacts, $404,093,000, 

13 to remain available until September 30, 2012. 

14 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

15 DEVELOPMENT FUND

16 For the Department of Defense Acquisition Work17 force Development Fund, $100,000,000. 

18 TITLE III 

19 PROCUREMENT 

20 AIRCRAFT PROCUREMENT, ARMY

21 For construction, procurement, production, modifica22 tion, and modernization of aircraft, equipment, including 

23 ordnance, ground handling equipment, spare parts, and 

24 accessories therefor; specialized equipment and training 

25 devices; expansion of public and private plants, including 


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1 the land necessary therefor, for the foregoing purposes, 

2 and such lands and interests therein, may be acquired, 

3 and construction prosecuted thereon prior to approval of 

4 title; and procurement and installation of equipment, ap5 pliances, and machine tools in public and private plants; 

6 reserve plant and Government and contractor-owned 

7 equipment layaway; and other expenses necessary for the 

8 foregoing purposes, $5,144,991,000, to remain available 

9 for obligation until September 30, 2012. 

10 MISSILE PROCUREMENT, ARMY

11 For construction, procurement, production, modifica12 tion, and modernization of missiles, equipment, including 

13 ordnance, ground handling equipment, spare parts, and 

14 accessories therefor; specialized equipment and training 

15 devices; expansion of public and private plants, including 

16 the land necessary therefor, for the foregoing purposes, 

17 and such lands and interests therein, may be acquired, 

18 and construction prosecuted thereon prior to approval of 

19 title; and procurement and installation of equipment, ap20 pliances, and machine tools in public and private plants; 

21 reserve plant and Government and contractor-owned 

22 equipment layaway; and other expenses necessary for the 

23 foregoing purposes, $1,358,609,000, to remain available 

24 for obligation until September 30, 2012. 


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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and 

4 modification of weapons and tracked combat vehicles, 

5 equipment, including ordnance, spare parts, and acces6 sories therefor; specialized equipment and training devices; 

7 expansion of public and private plants, including the land 

8 necessary therefor, for the foregoing purposes, and such 

9 lands and interests therein, may be acquired, and con10 struction prosecuted thereon prior to approval of title; and 

11 procurement and installation of equipment, appliances, 

12 and machine tools in public and private plants; reserve 

13 plant and Government and contractor-owned equipment 

14 layaway; and other expenses necessary for the foregoing 

15 purposes, $2,681,952,000, to remain available for obliga16 tion until September 30, 2012. 

17 PROCUREMENT OF AMMUNITION, ARMY

18 For construction, procurement, production, and 

19 modification of ammunition, and accessories therefor; spe20 cialized equipment and training devices; expansion of pub21 lic and private plants, including ammunition facilities, au22 thorized by section 2854 of title 10, United States Code, 

23 and the land necessary therefor, for the foregoing pur24 poses, and such lands and interests therein, may be ac25 quired, and construction prosecuted thereon prior to apVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 proval of title; and procurement and installation of equip2 ment, appliances, and machine tools in public and private 

3 plants; reserve plant and Government and contractor4 owned equipment layaway; and other expenses necessary 

5 for the foregoing purposes, $2,053,395,000, to remain 

6 available for obligation until September 30, 2012. 

7 OTHER PROCUREMENT, ARMY

8 For construction, procurement, production, and 

9 modification of vehicles, including tactical, support, and 

10 non-tracked combat vehicles; the purchase of passenger 

11 motor vehicles for replacement only; communications and 

12 electronic equipment; other support equipment; spare 

13 parts, ordnance, and accessories therefor; specialized 

14 equipment and training devices; expansion of public and 

15 private plants, including the land necessary therefor, for 

16 the foregoing purposes, and such lands and interests 

17 therein, may be acquired, and construction prosecuted 

18 thereon prior to approval of title; and procurement and 

19 installation of equipment, appliances, and machine tools 

20 in public and private plants; reserve plant and Govern21 ment and contractor-owned equipment layaway; and other 

22 expenses necessary for the foregoing purposes, 

23 $9,293,801,000, to remain available for obligation until 

24 September 30, 2012. 


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1 AIRCRAFT PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of aircraft, equipment, including 

4 ordnance, spare parts, and accessories therefor; specialized 

5 equipment; expansion of public and private plants, includ6 ing the land necessary therefor, and such lands and inter7 ests therein, may be acquired, and construction prosecuted 

8 thereon prior to approval of title; and procurement and 

9 installation of equipment, appliances, and machine tools 

10 in public and private plants; reserve plant and Govern11 ment and contractor-owned equipment layaway, 

12 $18,325,481,000, to remain available for obligation until 

13 September 30, 2012. 

14 WEAPONS PROCUREMENT, NAVY

15 For construction, procurement, production, modifica16 tion, and modernization of missiles, torpedoes, other weap17 ons, and related support equipment including spare parts, 

18 and accessories therefor; expansion of public and private 

19 plants, including the land necessary therefor, and such 

20 lands and interests therein, may be acquired, and con21 struction prosecuted thereon prior to approval of title; and 

22 procurement and installation of equipment, appliances, 

23 and machine tools in public and private plants; reserve 

24 plant and Government and contractor-owned equipment 


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1 layaway, $3,226,403,000, to remain available for obliga2 tion until September 30, 2012. 

3 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

4 CORPS

5 For construction, procurement, production, and 

6 modification of ammunition, and accessories therefor; spe7 cialized equipment and training devices; expansion of pub8 lic and private plants, including ammunition facilities, au9 thorized by section 2854 of title 10, United States Code, 

10 and the land necessary therefor, for the foregoing pur11 poses, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon prior to ap13 proval of title; and procurement and installation of equip14 ment, appliances, and machine tools in public and private 

15 plants; reserve plant and Government and contractor16 owned equipment layaway; and other expenses necessary 

17 for the foregoing purposes, $794,886,000, to remain avail18 able for obligation until September 30, 2012. 

19 SHIPBUILDING AND CONVERSION, NAVY

20 For expenses necessary for the construction, acquisi21 tion, or conversion of vessels as authorized by law, includ22 ing armor and armament thereof, plant equipment, appli23 ances, and machine tools and installation thereof in public 

24 and private plants; reserve plant and Government and con25 tractor-owned equipment layaway; procurement of critical, 


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1 long lead time components and designs for vessels to be 

2 constructed or converted in the future; and expansion of 

3 public and private plants, including land necessary there4 for, and such lands and interests therein, may be acquired, 

5 and construction prosecuted thereon prior to approval of 

6 title, as follows: 

7 Carrier Replacement Program, $739,269,000. 

8 Carrier Replacement Program (AP), 

9 $484,432,000. 

10 NSSN, $1,964,317,000. 

11 NSSN (AP), $1,959,725,000. 

12 CVN Refueling, $1,563,602,000. 

13 CVN Refuelings (AP), $211,820,000. 

14 DD(X), $1,073,161,000. 

15 DDG–51 Destroyer, $1,912,267,000. 

16 DDG–51 Destroyer (AP), $328,996,000. 

17 Littoral Combat Ship, $2,160,000,000. 

18 LPD–17, $872,392,000. 

19 LPD–17 (AP), $184,555,000. 

20 Intratheater Connector, $357,956,000. 

21 LCAC Service Life Extension Program, 

22 $63,857,000. 

23 Prior year shipbuilding costs, $454,586,000. 

24 Service Craft, $3,694,000. 


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1 For outfitting, post delivery, conversions, and 

2 first destination transportation, $386,903,000. 

3 In all: $14,721,532,000, to remain available for obli4 gation until September 30, 2014: Provided, That addi5 tional obligations may be incurred after September 30, 

6 2014, for engineering services, tests, evaluations, and 

7 other such budgeted work that must be performed in the 

8 final stage of ship construction: Provided further, That 

9 none of the funds provided under this heading for the con10 struction or conversion of any naval vessel to be con11 structed in shipyards in the United States shall be ex12 pended in foreign facilities for the construction of major 

13 components of such vessel: Provided further, That none 

14 of the funds provided under this heading shall be used 

15 for the construction of any naval vessel in foreign ship16 yards. 

17 OTHER PROCUREMENT, NAVY

18 For procurement, production, and modernization of 

19 support equipment and materials not otherwise provided 

20 for, Navy ordnance (except ordnance for new aircraft, new 

21 ships, and ships authorized for conversion); the purchase 

22 of passenger motor vehicles for replacement only; expan23 sion of public and private plants, including the land nec24 essary therefor, and such lands and interests therein, may 

25 be acquired, and construction prosecuted thereon prior to 


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1 approval of title; and procurement and installation of 

2 equipment, appliances, and machine tools in public and 

3 private plants; reserve plant and Government and con4 tractor-owned equipment layaway, $5,395,081,000, to re5 main available for obligation until September 30, 2012. 

6 PROCUREMENT, MARINE CORPS

7 For expenses necessary for the procurement, manu8 facture, and modification of missiles, armament, military 

9 equipment, spare parts, and accessories therefor; plant 

10 equipment, appliances, and machine tools, and installation 

11 thereof in public and private plants; reserve plant and 

12 Government and contractor-owned equipment layaway; ve13 hicles for the Marine Corps, including the purchase of pas14 senger motor vehicles for replacement only; and expansion 

15 of public and private plants, including land necessary 

16 therefor, and such lands and interests therein, may be ac17 quired, and construction prosecuted thereon prior to ap18 proval of title, $1,563,743,000, to remain available for ob19 ligation until September 30, 2012. 

20 AIRCRAFT PROCUREMENT, AIR FORCE

21 For construction, procurement, and modification of 

22 aircraft and equipment, including armor and armament, 

23 specialized ground handling equipment, and training de24 vices, spare parts, and accessories therefor; specialized 

25 equipment; expansion of public and private plants, GovVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 ernment-owned equipment and installation thereof in such 

2 plants, erection of structures, and acquisition of land, for 

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; reserve plant and Gov6 ernment and contractor-owned equipment layaway; and 

7 other expenses necessary for the foregoing purposes in8 cluding rents and transportation of things, 

9 $11,956,182,000, to remain available for obligation until 

10 September 30, 2012; Provided, That no funds provided 

11 in this Act for the procurement or modernization of C– 

12 17 aircraft may be obligated until all C–17 contracts fund13 ed with prior year ‘‘Aircraft Procurement, Air Force’’ ap14 propriated funds are definitized. 

15 MISSILE PROCUREMENT, AIR FORCE

16 For construction, procurement, and modification of 

17 missiles, spacecraft, rockets, and related equipment, in18 cluding spare parts and accessories therefor, ground han19 dling equipment, and training devices; expansion of public 

20 and private plants, Government-owned equipment and in21 stallation thereof in such plants, erection of structures, 

22 and acquisition of land, for the foregoing purposes, and 

23 such lands and interests therein, may be acquired, and 

24 construction prosecuted thereon prior to approval of title; 

25 reserve plant and Government and contractor-owned 


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1 equipment layaway; and other expenses necessary for the 

2 foregoing purposes including rents and transportation of 

3 things, $6,508,359,000, to remain available for obligation 

4 until September 30, 2012. 

5 PROCUREMENT OF AMMUNITION, AIR FORCE

6 For construction, procurement, production, and 

7 modification of ammunition, and accessories therefor; spe8 cialized equipment and training devices; expansion of pub9 lic and private plants, including ammunition facilities, au10 thorized by section 2854 of title 10, United States Code, 

11 and the land necessary therefor, for the foregoing pur12 poses, and such lands and interests therein, may be ac13 quired, and construction prosecuted thereon prior to ap14 proval of title; and procurement and installation of equip15 ment, appliances, and machine tools in public and private 

16 plants; reserve plant and Government and contractor17 owned equipment layaway; and other expenses necessary 

18 for the foregoing purposes, $809,941,000, to remain avail19 able for obligation until September 30, 2012. 

20 OTHER PROCUREMENT, AIR FORCE

21 For procurement and modification of equipment (in22 cluding ground guidance and electronic control equipment, 

23 and ground electronic and communication equipment), 

24 and supplies, materials, and spare parts therefor, not oth25 erwise provided for; the purchase of passenger motor vehiVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 cles for replacement only; lease of passenger motor vehi2 cles; and expansion of public and private plants, Govern3 ment-owned equipment and installation thereof in such 

4 plants, erection of structures, and acquisition of land, for 

5 the foregoing purposes, and such lands and interests 

6 therein, may be acquired, and construction prosecuted 

7 thereon, prior to approval of title; reserve plant and Gov8 ernment and contractor-owned equipment layaway, 

9 $16,883,791,000, to remain available for obligation until 

10 September 30, 2012. 

11 PROCUREMENT, DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments) 

14 necessary for procurement, production, and modification 

15 of equipment, supplies, materials, and spare parts there16 for, not otherwise provided for; the purchase of passenger 

17 motor vehicles for replacement only; expansion of public 

18 and private plants, equipment, and installation thereof in 

19 such plants, erection of structures, and acquisition of land 

20 for the foregoing purposes, and such lands and interests 

21 therein, may be acquired, and construction prosecuted 

22 thereon prior to approval of title; reserve plant and Gov23 ernment and contractor-owned equipment layaway, 

24 $4,036,816,000, to remain available for obligation until 

25 September 30, 2012. 


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1 DEFENSE PRODUCTION ACT PURCHASES

2 For activities by the Department of Defense pursuant 

3 to sections 108, 301, 302, and 303 of the Defense Produc4 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

5 2093), $82,846,000, to remain available until expended. 

6 TITLE IV 

7 RESEARCH, DEVELOPMENT, TEST AND 

8 EVALUATION 

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

10 ARMY

11 For expenses necessary for basic and applied sci12 entific research, development, test and evaluation, includ13 ing maintenance, rehabilitation, lease, and operation of fa14 cilities and equipment, $11,151,884,000, to remain avail15 able for obligation until September 30, 2011. 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

17 NAVY

18 For expenses necessary for basic and applied sci19 entific research, development, test and evaluation, includ20 ing maintenance, rehabilitation, lease, and operation of fa21 cilities and equipment, $20,197,300,000, to remain avail22 able for obligation until September 30, 2011: Provided, 

23 That funds appropriated in this paragraph which are 

24 available for the V–22 may be used to meet unique oper25 ational requirements of the Special Operations Forces: 


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1 Provided further, That funds appropriated in this para2 graph shall be available for the Cobra Judy program. 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 AIR FORCE

5 For expenses necessary for basic and applied sci6 entific research, development, test and evaluation, includ7 ing maintenance, rehabilitation, lease, and operation of fa8 cilities and equipment, $27,976,278,000, to remain avail9 able for obligation until September 30, 2011. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 DEFENSE-WIDE

12 For expenses of activities and agencies of the Depart13 ment of Defense (other than the military departments), 

14 necessary for basic and applied scientific research, devel15 opment, test and evaluation; advanced research projects 

16 as may be designated and determined by the Secretary 

17 of Defense, pursuant to law; maintenance, rehabilitation, 

18 lease, and operation of facilities and equipment, 

19 $20,721,723,000, to remain available for obligation until 

20 September 30, 2011: Provided, That, notwithstanding any 

21 other provision of law, of the funds made available under 

22 this heading for missile defense programs, not less than 

23 $80,000,000 shall be available for the Kinetic Energy In24 terceptor Program. 


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1 OPERATIONAL TEST AND EVALUATION, DEFENSE

2 For expenses, not otherwise provided for, necessary 

3 for the independent activities of the Director, Operational 

4 Test and Evaluation, in the direction and supervision of 

5 operational test and evaluation, including initial oper6 ational test and evaluation which is conducted prior to, 

7 and in support of, production decisions; joint operational 

8 testing and evaluation; and administrative expenses in 

9 connection therewith, $190,770,000, to remain available 

10 for obligation until September 30, 2011. 

11 TITLE V 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For the Defense Working Capital Funds, 

15 $1,455,004,000. 

16 NATIONAL DEFENSE SEALIFT FUND

17 For National Defense Sealift Fund programs, 

18 projects, and activities, and for expenses of the National 

19 Defense Reserve Fleet, as established by section 11 of the 

20 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

21 and for the necessary expenses to maintain and preserve 

22 a U.S.-flag merchant fleet to serve the national security 

23 needs of the United States, $1,692,758,000, to remain 

24 available until expended: Provided, That none of the funds 

25 provided in this paragraph shall be used to award a new 


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1 contract that provides for the acquisition of any of the 

2 following major components unless such components are 

3 manufactured in the United States: auxiliary equipment, 

4 including pumps, for all shipboard services; propulsion 

5 system components (engines, reduction gears, and propel6 lers); shipboard cranes; and spreaders for shipboard 

7 cranes: Provided further, That the exercise of an option 

8 in a contract awarded through the obligation of previously 

9 appropriated funds shall not be considered to be the award 

10 of a new contract: Provided further, That the Secretary 

11 of the military department responsible for such procure12 ment may waive the restrictions in the first proviso on 

13 a case-by-case basis by certifying in writing to the Com14 mittees on Appropriations of the House of Representatives 

15 and the Senate that adequate domestic supplies are not 

16 available to meet Department of Defense requirements on 

17 a timely basis and that such an acquisition must be made 

18 in order to acquire capability for national security pur19 poses. 

20 TITLE VI 

21 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

22 DEFENSE HEALTH PROGRAM

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses, not otherwise provided for, for medical 

25 and health care programs of the Department of Defense 


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1 as authorized by law, $29,891,109,000; of which 

2 $28,257,565,000 shall be for operation and maintenance, 

3 of which not to exceed 2 percent shall remain available 

4 until September 30, 2011, and of which up to 

5 $15,537,688,000 may be available for contracts entered 

6 into under the TRICARE program; of which 

7 $384,142,000, to remain available for obligation until Sep8 tember 30, 2012, shall be for procurement; and of which 

9 $1,249,402,000, to remain available for obligation until 

10 September 30, 2011, shall be for research, development, 

11 test and evaluation: Provided, That, notwithstanding any 

12 other provision of law, of the amount made available under 

13 this heading for research, development, test and evalua14 tion, not less than $10,000,000 shall be available for HIV 

15 prevention educational activities undertaken in connection 

16 with United States military training, exercises, and hu17 manitarian assistance activities conducted primarily in Af18 rican nations. 

19 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

20 DEFENSE

21 For expenses, not otherwise provided for, necessary 

22 for the destruction of the United States stockpile of lethal 

23 chemical agents and munitions, to include construction of 

24 facilities, in accordance with the provisions of section 1412 

25 of the Department of Defense Authorization Act, 1986 


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1 (50 U.S.C. 1521), and for the destruction of other chem2 ical warfare materials that are not in the chemical weapon 

3 stockpile, $1,510,760,000, of which $1,146,802,000 shall 

4 be for operation and maintenance, of which no less than 

5 $84,839,000, shall be for the Chemical Stockpile Emer6 gency Preparedness Program, consisting of $34,905,000 

7 for activities on military installations and $49,934,000, to 

8 remain available until September 30, 2011, to assist State 

9 and local governments; $12,689,000 shall be for procure10 ment, to remain available until September 30, 2012, of 

11 which no less than $12,689,000 shall be for the Chemical 

12 Stockpile Emergency Preparedness Program to assist 

13 State and local governments; and $351,269,000, to re14 main available until September 30, 2011, shall be for re15 search, development, test and evaluation, of which 

16 $348,669,000 shall only be for the Assembled Chemical 

17 Weapons Alternatives (ACWA) program. 

18 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

19 DEFENSE

20 (INCLUDING TRANSFER OF FUNDS)

21 For drug interdiction and counter-drug activities of 

22 the Department of Defense, for transfer to appropriations 

23 available to the Department of Defense for military per24 sonnel of the reserve components serving under the provi25 sions of title 10 and title 32, United States Code; for operVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 ation and maintenance; for procurement; and for research, 

2 development, test and evaluation, $1,237,684,000: Pro3 vided, That the funds appropriated under this heading 

4 shall be available for obligation for the same time period 

5 and for the same purpose as the appropriation to which 

6 transferred: Provided further, That upon a determination 

7 that all or part of the funds transferred from this appro8 priation are not necessary for the purposes provided here9 in, such amounts may be transferred back to this appro10 priation: Provided further, That the transfer authority pro11 vided under this heading is in addition to any other trans12 fer authority contained elsewhere in this Act. 

13 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 For the ‘‘Joint Improvised Explosive Device Defeat 

16 Fund’’, $364,550,000, of which $183,000,000 shall be for 

17 Attack the Network, to remain available until September 

18 30, 2011; $25,000,000 shall be for Defeat the Device, to 

19 remain available until September 30, 2012; $35,000,000 

20 shall be for Train the Force, to remain available until Sep21 tember 30, 2010; $121,550,000 shall be for Staff and In22 frastructure, to remain available until September 30, 

23 2010: Provided, That such funds shall be available to the 

24 Secretary of Defense, notwithstanding any other provision 

25 of law, for the purpose of allowing the Director of the 


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1 Joint Improvised Explosive Device Defeat Organization to 

2 investigate, develop and provide equipment, supplies, serv3 ices, training, facilities, personnel and funds to assist 

4 United States forces in the defeat of improvised explosive 

5 devices: Provided further, That within 60 days of the en6 actment of this Act, a plan for the intended management 

7 and use of the amounts provided under this heading shall 

8 be submitted to the congressional defense committees: 

9 Provided further, That the Secretary of Defense shall sub10 mit a report not later than 60 days after the end of each 

11 fiscal quarter to the congressional defense committees pro12 viding assessments of the evolving threats, individual serv13 ice requirements to counter the threats, the current strat14 egy for predeployment training of members of the Armed 

15 Forces on improvised explosive devices, and details on the 

16 execution of the Fund: Provided further, That the Sec17 retary of Defense may transfer funds provided herein to 

18 appropriations for operation and maintenance; procure19 ment; research, development, test and evaluation; and de20 fense working capital funds to accomplish the purpose pro21 vided herein: Provided further, That this transfer author22 ity is in addition to any other transfer authority available 

23 to the Department of Defense: Provided further, That the 

24 Secretary of Defense shall, not fewer than 15 days prior 

25 to making transfers from this appropriation, notify the 


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1 congressional defense committees in writing of the details 

2 of any such transfer. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For expenses and activities of the Office of the In5 spector General in carrying out the provisions of the In6 spector General Act of 1978, as amended, $288,100,000, 

7 of which $287,100,000 shall be for operation and mainte8 nance, of which not to exceed $700,000 is available for 

9 emergencies and extraordinary expenses to be expended on 

10 the approval or authority of the Inspector General, and 

11 payments may be made on the Inspector General’s certifi12 cate of necessity for confidential military purposes; and 

13 of which $1,000,000, to remain available until September 

14 30, 2012, shall be for procurement. 

15 TITLE VII 

16 RELATED AGENCIES 

17 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

18 DISABILITY SYSTEM FUND

19 For payment to the Central Intelligence Agency Re20 tirement and Disability System Fund, to maintain the 

21 proper funding level for continuing the operation of the 

22 Central Intelligence Agency Retirement and Disability 

23 System, $290,900,000. 


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1 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

2 For necessary expenses of the Intelligence Commu3 nity Management Account, $611,002,000. 

4 TITLE VIII 

5 GENERAL PROVISIONS 

6 SEC. 8001. No part of any appropriation contained 

7 in this Act shall be used for publicity or propaganda pur8 poses not authorized by the Congress. 

9 SEC. 8002. During the current fiscal year, provisions 

10 of law prohibiting the payment of compensation to, or em11 ployment of, any person not a citizen of the United States 

12 shall not apply to personnel of the Department of Defense: 

13 Provided, That salary increases granted to direct and indi14 rect hire foreign national employees of the Department of 

15 Defense funded by this Act shall not be at a rate in excess 

16 of the percentage increase authorized by law for civilian 

17 employees of the Department of Defense whose pay is 

18 computed under the provisions of section 5332 of title 5, 

19 United States Code, or at a rate in excess of the percent20 age increase provided by the appropriate host nation to 

21 its own employees, whichever is higher: Provided further, 

22 That this section shall not apply to Department of De23 fense foreign service national employees serving at United 

24 States diplomatic missions whose pay is set by the Depart25 ment of State under the Foreign Service Act of 1980: ProVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 vided further, That the limitations of this provision shall 

2 not apply to foreign national employees of the Department 

3 of Defense in the Republic of Turkey. 

4 SEC. 8003. No part of any appropriation contained 

5 in this Act shall remain available for obligation beyond 

6 the current fiscal year, unless expressly so provided herein. 

7 SEC. 8004. No more than 20 percent of the appro8 priations in this Act which are limited for obligation dur9 ing the current fiscal year shall be obligated during the 

10 last 2 months of the fiscal year: Provided, That this sec11 tion shall not apply to obligations for support of active 

12 duty training of reserve components or summer camp 

13 training of the Reserve Officers’ Training Corps. 

14 (TRANSFER OF FUNDS)

15 SEC. 8005. Upon determination by the Secretary of 

16 Defense that such action is necessary in the national inter17 est, he may, with the approval of the Office of Manage18 ment and Budget, transfer not to exceed $4,000,000,000 

19 of working capital funds of the Department of Defense 

20 or funds made available in this Act to the Department 

21 of Defense for military functions (except military con22 struction) between such appropriations or funds or any 

23 subdivision thereof, to be merged with and to be available 

24 for the same purposes, and for the same time period, as 

25 the appropriation or fund to which transferred: Provided, 


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1 That such authority to transfer may not be used unless 

2 for higher priority items, based on unforeseen military re3 quirements, than those for which originally appropriated 

4 and in no case where the item for which funds are re5 quested has been denied by the Congress: Provided further, 

6 That the Secretary of Defense shall notify the Congress 

7 promptly of all transfers made pursuant to this authority 

8 or any other authority in this Act: Provided further, That 

9 no part of the funds in this Act shall be available to pre10 pare or present a request to the Committees on Appropria11 tions for reprogramming of funds, unless for higher pri12 ority items, based on unforeseen military requirements, 

13 than those for which originally appropriated and in no 

14 case where the item for which reprogramming is requested 

15 has been denied by the Congress: Provided further, That 

16 a request for multiple reprogrammings of funds using au17 thority provided in this section shall be made prior to June 

18 30, 2010: Provided further, That transfers among military 

19 personnel appropriations shall not be taken into account 

20 for purposes of the limitation on the amount of funds that 

21 may be transferred under this section: Provided further, 

22 That no obligation of funds may be made pursuant to sec23 tion 1206 of Public Law 109–163 (or any successor provi24 sion) unless the Secretary of Defense has notified the con25 gressional defense committees prior to any such obligation. 


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1 SEC. 8006. (a) With regard to the list of specific pro2 grams, projects, and activities (and the dollar amounts 

3 and adjustments to budget activities corresponding to 

4 such programs, projects, and activities) contained in the 

5 tables titled ‘‘Explanation of Project Level Adjustments’’ 

6 in the report of the Committee on Appropriations of the 

7 House of Representatives accompanying this Act, the obli8 gation and expenditure of amounts appropriated or other9 wise made available in this Act for those programs, 

10 projects, and activities for which the amounts appro11 priated exceed the amounts requested are hereby required 

12 by law to be carried out in the manner provided by such 

13 tables to the same extent as if the tables were included 

14 in the text of this Act. 

15 (b) Amounts specified in the referenced tables de16 scribed in subsection (a) shall not be treated as subdivi17 sions of appropriations for purposes of section 8005 of this 

18 Act: Provided, That section 8005 shall apply when trans19 fers of the amounts described in subsection (a) occur be20 tween appropriation accounts. 

21 SEC. 8007. (a) Not later than 60 days after enact22 ment of this Act, the Department of Defense shall submit 

23 a report to the congressional defense committees to estab24 lish the baseline for application of reprogramming and 


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1 transfer authorities for fiscal year 2010: Provided, That 

2 the report shall include— 

3 (1) a table for each appropriation with a sepa4 rate column to display the President’s budget re5 quest, adjustments made by Congress, adjustments 

6 due to enacted rescissions, if appropriate, and the 

7 fiscal year enacted level; 

8 (2) a delineation in the table for each appro9 priation both by budget activity and program, 

10 project, and activity as detailed in the Budget Ap11 pendix; and 

12 (3) an identification of items of special congres13 sional interest. 

14 (b) Notwithstanding section 8005 of this Act, none 

15 of the funds provided in this Act shall be available for 

16 reprogramming or transfer until the report identified in 

17 subsection (a) is submitted to the congressional defense 

18 committees, unless the Secretary of Defense certifies in 

19 writing to the congressional defense committees that such 

20 reprogramming or transfer is necessary as an emergency 

21 requirement. 

22 (TRANSFER OF FUNDS)

23 SEC. 8008. During the current fiscal year, cash bal24 ances in working capital funds of the Department of De25 fense established pursuant to section 2208 of title 10, 


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1 United States Code, may be maintained in only such 

2 amounts as are necessary at any time for cash disburse3 ments to be made from such funds: Provided, That trans4 fers may be made between such funds: Provided further, 

5 That transfers may be made between working capital 

6 funds and the ‘‘Operation and Maintenance’’ appropria7 tion accounts in such amounts as may be determined by 

8 the Secretary of Defense, with the approval of the Office 

9 of Management and Budget, except that such transfers 

10 may not be made unless the Secretary of Defense has noti11 fied the Congress of the proposed transfer. Except in 

12 amounts equal to the amounts appropriated to working 

13 capital funds in this Act, no obligations may be made 

14 against a working capital fund to procure or increase the 

15 value of war reserve material inventory, unless the Sec16 retary of Defense has notified the Congress prior to any 

17 such obligation. 

18 SEC. 8009. Funds appropriated by this Act may not 

19 be used to initiate a special access program without prior 

20 notification 30 calendar days in advance to the congres21 sional defense committees. 

22 SEC. 8010. None of the funds provided in this Act 

23 shall be available to initiate: (1) a multiyear contract that 

24 employs economic order quantity procurement in excess of 

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1 cludes an unfunded contingent liability in excess of 

2 $20,000,000; or (2) a contract for advance procurement 

3 leading to a multiyear contract that employs economic 

4 order quantity procurement in excess of $20,000,000 in 

5 any one year, unless the congressional defense committees 

6 have been notified at least 30 days in advance of the pro7 posed contract award: Provided, That no part of any ap8 propriation contained in this Act shall be available to ini9 tiate a multiyear contract for which the economic order 

10 quantity advance procurement is not funded at least to 

11 the limits of the Government’s liability: Provided further, 

12 That no part of any appropriation contained in this Act 

13 shall be available to initiate multiyear procurement con14 tracts for any systems or component thereof if the value 

15 of the multiyear contract would exceed $500,000,000 un16 less specifically provided in this Act: Provided further, 

17 That no multiyear procurement contract can be termi18 nated without 10-day prior notification to the congres19 sional defense committees: Provided further, That the exe20 cution of multiyear authority shall require the use of a 

21 present value analysis to determine lowest cost compared 

22 to an annual procurement: Provided further, That none of 

23 the funds provided in this Act may be used for a multiyear 

24 contract executed after the date of the enactment of this 

25 Act unless in the case of any such contract— 


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1 (1) the Secretary of Defense has submitted to 

2 Congress a report within 30 days of enactment of 

3 this Act that certifies full funding of units to be pro4 cured through the contract and, in the case of a con5 tract for procurement of aircraft, that includes, for 

6 any aircraft unit to be procured through the con7 tract for which procurement funds are identified in 

8 that report for production beyond advance procure9 ment activities in the fiscal year 2010 budget, full 

10 funding of procurement of such unit in that fiscal 

11 year; 

12 (2) cancellation provisions in the contract do 

13 not include consideration of recurring manufacturing 

14 costs of the contractor associated with the produc15 tion of unfunded units to be delivered under the con16 tract; 

17 (3) the contract provides that payments to the 

18 contractor under the contract shall not be made in 

19 advance of incurred costs on funded units; and 

20 (4) the contract does not provide for a price ad21 justment based on a failure to award a follow-on 

22 contract. 

23 Funds appropriated in title III of this Act may be 

24 used for a multiyear procurement contract as follows: 

25 F–18 aircraft variants. 


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1 SEC. 8011. Within the funds appropriated for the op2 eration and maintenance of the Armed Forces, funds are 

3 hereby appropriated pursuant to section 401 of title 10, 

4 United States Code, for humanitarian and civic assistance 

5 costs under chapter 20 of title 10, United States Code. 

6 Such funds may also be obligated for humanitarian and 

7 civic assistance costs incidental to authorized operations 

8 and pursuant to authority granted in section 401 of chap9 ter 20 of title 10, United States Code, and these obliga10 tions shall be reported as required by section 401(d) of 

11 title 10, United States Code: Provided, That funds avail12 able for operation and maintenance shall be available for 

13 providing humanitarian and similar assistance by using 

14 Civic Action Teams in the Trust Territories of the Pacific 

15 Islands and freely associated states of Micronesia, pursu16 ant to the Compact of Free Association as authorized by 

17 Public Law 99–239: Provided further, That upon a deter18 mination by the Secretary of the Army that such action 

19 is beneficial for graduate medical education programs con20 ducted at Army medical facilities located in Hawaii, the 

21 Secretary of the Army may authorize the provision of med22 ical services at such facilities and transportation to such 

23 facilities, on a nonreimbursable basis, for civilian patients 

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1 ern Mariana Islands, the Marshall Islands, the Federated 

2 States of Micronesia, Palau, and Guam. 

3 SEC. 8012. (a) During fiscal year 2010, the civilian 

4 personnel of the Department of Defense may not be man5 aged on the basis of any end-strength, and the manage6 ment of such personnel during that fiscal year shall not 

7 be subject to any constraint or limitation (known as an 

8 end-strength) on the number of such personnel who may 

9 be employed on the last day of such fiscal year. 

10 (b) The fiscal year 2011 budget request for the De11 partment of Defense as well as all justification material 

12 and other documentation supporting the fiscal year 2011 

13 Department of Defense budget request shall be prepared 

14 and submitted to the Congress as if subsections (a) and 

15 (b) of this provision were effective with regard to fiscal 

16 year 2011. 

17 (c) Nothing in this section shall be construed to apply 

18 to military (civilian) technicians. 

19 SEC. 8013. None of the funds made available by this 

20 Act shall be used in any way, directly or indirectly, to in21 fluence congressional action on any legislation or appro22 priation matters pending before the Congress. 

23 SEC. 8014. None of the funds appropriated by this 

24 Act shall be available for the basic pay and allowances of 

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1 dent and receiving benefits paid by the Secretary of Vet2 erans Affairs from the Department of Defense Education 

3 Benefits Fund when time spent as a full-time student is 

4 credited toward completion of a service commitment: Pro5 vided, That this section shall not apply to those members 

6 who have reenlisted with this option prior to October 1, 

7 1987: Provided further, That this section applies only to 

8 active components of the Army. 

9 SEC. 8015. (a) None of the funds appropriated by 

10 this Act shall be available to convert to contractor per11 formance an activity or function of the Department of De12 fense that, on or after the date of the enactment of this 

13 Act, is performed by more than 10 Department of Defense 

14 civilian employees unless— 

15 (1) the conversion is based on the result of a 

16 public-private competition that includes a most effi17 cient and cost effective organization plan developed 

18 by such activity or function; 

19 (2) the Competitive Sourcing Official deter20 mines that, over all performance periods stated in 

21 the solicitation of offers for performance of the ac22 tivity or function, the cost of performance of the ac23 tivity or function by a contractor would be less costly 

24 to the Department of Defense by an amount that 

25 equals or exceeds the lesser of— 


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1 (A) 10 percent of the most efficient organi2 zation’s personnel-related costs for performance 

3 of that activity or function by Federal employ4 ees; or 

5 (B) $10,000,000; and 

6 (3) the contractor does not receive an advan7 tage for a proposal that would reduce costs for the 

8 Department of Defense by— 

9 (A) not making an employer-sponsored 

10 health insurance plan available to the workers 

11 who are to be employed in the performance of 

12 that activity or function under the contract; or 

13 (B) offering to such workers an employer14 sponsored health benefits plan that requires the 

15 employer to contribute less towards the pre16 mium or subscription share than the amount 

17 that is paid by the Department of Defense for 

18 health benefits for civilian employees under 

19 chapter 89 of title 5, United States Code. 

20 (b)(1) The Department of Defense, without regard 

21 to subsection (a) of this section or subsection (a), (b), or 

22 (c) of section 2461 of title 10, United States Code, and 

23 notwithstanding any administrative regulation, require24 ment, or policy to the contrary shall have full authority 

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1 mercial or industrial type function of the Department of 

2 Defense that— 

3 (A) is included on the procurement list established 

4 pursuant to section 2 of the Javits-Wagner-O’Day Act (41 

5 U.S.C. 47); 

6 (B) is planned to be converted to performance by a 

7 qualified nonprofit agency for the blind or by a qualified 

8 nonprofit agency for other severely handicapped individ9 uals in accordance with that Act; or 

10 (C) is planned to be converted to performance by a 

11 qualified firm under at least 51 percent ownership by an 

12 Indian tribe, as defined in section 4(e) of the Indian Self13 Determination and Education Assistance Act (25 U.S.C. 

14 450b(e)), or a Native Hawaiian Organization, as defined 

15 in section 8(a)(15) of the Small Business Act (15 U.S.C. 

16 637(a)(15)). 

17 (2) This section shall not apply to depot contracts 

18 or contracts for depot maintenance as provided in sections 

19 2469 and 2474 of title 10, United States Code. 

20 (c) The conversion of any activity or function of the 

21 Department of Defense under the authority provided by 

22 this section shall be credited toward any competitive or 

23 outsourcing goal, target, or measurement that may be es24 tablished by statute, regulation, or policy and is deemed 

25 to be awarded under the authority of, and in compliance 


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1 with, subsection (h) of section 2304 of title 10, United 

2 States Code, for the competition or outsourcing of com3 mercial activities. 

4 (TRANSFER OF FUNDS)

5 SEC. 8016. Funds appropriated in title III of this Act 

6 for the Department of Defense Pilot Mentor-Protege Pro7 gram may be transferred to any other appropriation con8 tained in this Act solely for the purpose of implementing 

9 a Mentor-Protege Program developmental assistance 

10 agreement pursuant to section 831 of the National De11 fense Authorization Act for Fiscal Year 1991 (Public Law 

12 101–510; 10 U.S.C. 2302 note), as amended, under the 

13 authority of this provision or any other transfer authority 

14 contained in this Act. 

15 SEC. 8017. None of the funds in this Act may be 

16 available for the purchase by the Department of Defense 

17 (and its departments and agencies) of welded shipboard 

18 anchor and mooring chain 4 inches in diameter and under 

19 unless the anchor and mooring chain are manufactured 

20 in the United States from components which are substan21 tially manufactured in the United States: Provided, That 

22 for the purpose of this section, the term ‘‘manufactured’’ 

23 shall include cutting, heat treating, quality control, testing 

24 of chain and welding (including the forging and shot blast25 ing process): Provided further, That for the purpose of this 


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1 section substantially all of the components of anchor and 

2 mooring chain shall be considered to be produced or manu3 factured in the United States if the aggregate cost of the 

4 components produced or manufactured in the United 

5 States exceeds the aggregate cost of the components pro6 duced or manufactured outside the United States: Pro7 vided further, That when adequate domestic supplies are 

8 not available to meet Department of Defense requirements 

9 on a timely basis, the Secretary of the service responsible 

10 for the procurement may waive this restriction on a case11 by-case basis by certifying in writing to the Committees 

12 on Appropriations that such an acquisition must be made 

13 in order to acquire capability for national security pur14 poses. 

15 SEC. 8018. None of the funds available to the De16 partment of Defense may be used to demilitarize or dis17 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

18 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

19 to demilitarize or destroy small arms ammunition or am20 munition components that are not otherwise prohibited 

21 from commercial sale under Federal law. 

22 SEC. 8019. No more than $500,000 of the funds ap23 propriated or made available in this Act shall be used dur24 ing a single fiscal year for any single relocation of an orga25 nization, unit, activity or function of the Department of 


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1 Defense into or within the National Capital Region: Pro2 vided, That the Secretary of Defense may waive this re3 striction on a case-by-case basis by certifying in writing 

4 to the congressional defense committees that such a relo5 cation is required in the best interest of the Government. 

6 SEC. 8020. In addition to the funds provided else7 where in this Act, $15,000,000 is appropriated only for 

8 incentive payments authorized by section 504 of the In9 dian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

10 That a prime contractor or a subcontractor at any tier 

11 that makes a subcontract award to any subcontractor or 

12 supplier as defined in section 1544 of title 25, United 

13 States Code, or a small business owned and controlled by 

14 an individual or individuals defined under section 4221(9) 

15 of title 25, United States Code, shall be considered a con16 tractor for the purposes of being allowed additional com17 pensation under section 504 of the Indian Financing Act 

18 of 1974 (25 U.S.C. 1544) whenever the prime contract 

19 or subcontract amount is over $500,000 and involves the 

20 expenditure of funds appropriated by an Act making Ap21 propriations for the Department of Defense with respect 

22 to any fiscal year: Provided further, That notwithstanding 

23 section 430 of title 41, United States Code, this section 

24 shall be applicable to any Department of Defense acquisi25 tion of supplies or services, including any contract and any 


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1 subcontract at any tier for acquisition of commercial items 

2 produced or manufactured, in whole or in part by any sub3 contractor or supplier defined in section 1544 of title 25, 

4 United States Code, or a small business owned and con5 trolled by an individual or individuals defined under sec6 tion 4221(9) of title 25, United States Code. 

7 SEC. 8021. Funds appropriated by this Act for the 

8 Defense Media Activity shall not be used for any national 

9 or international political or psychological activities. 

10 SEC. 8022. None of the funds appropriated by this 

11 Act shall be available to perform any cost study pursuant 

12 to the provisions of OMB Circular A–76 if the study being 

13 performed exceeds a period of 24 months after initiation 

14 of such study with respect to a single function activity or 

15 30 months after initiation of such study for a multi-func16 tion activity, commencing on the date on which the pre17 liminary planning for the study begins through the date 

18 on which a performance decision is rendered with respect 

19 to the function, excluding time during which the study is 

20 suspended because of protests before the Government Ac21 countability Office or United States Court of Federal 

22 Claims but including time during which the study is per23 formed subsequent to such protests. 

24 SEC. 8023. During the current fiscal year, the De25 partment of Defense is authorized to incur obligations of 


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1 not to exceed $350,000,000 for purposes specified in sec2 tion 2350j(c) of title 10, United States Code, in anticipa3 tion of receipt of contributions, only from the Government 

4 of Kuwait, under that section: Provided, That upon re5 ceipt, such contributions from the Government of Kuwait 

6 shall be credited to the appropriations or fund which in7 curred such obligations. 

8 SEC. 8024. (a) Of the funds made available in this 

9 Act, not less than $34,756,000 shall be available for the 

10 Civil Air Patrol Corporation, of which— 

11 (1) $26,433,000 shall be available from ‘‘Oper12 ation and Maintenance, Air Force’’ to support Civil 

13 Air Patrol Corporation operation and maintenance, 

14 readiness, counter-drug activities, and drug demand 

15 reduction activities involving youth programs; 

16 (2) $7,426,000 shall be available from ‘‘Aircraft 

17 Procurement, Air Force’’; and 

18 (3) $897,000 shall be available from ‘‘Other 

19 Procurement, Air Force’’ for vehicle procurement. 

20 (b) The Secretary of the Air Force should waive reim21 bursement for any funds used by the Civil Air Patrol for 

22 counter-drug activities in support of Federal, State, and 

23 local government agencies. 

24 SEC. 8025. (a) None of the funds appropriated in this 

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1 fense (department) federally funded research and develop2 ment center (FFRDC), either as a new entity, or as a 

3 separate entity administrated by an organization man4 aging another FFRDC, or as a nonprofit membership cor5 poration consisting of a consortium of other FFRDCs and 

6 other non-profit entities. 

7 (b) No member of a Board of Directors, Trustees, 

8 Overseers, Advisory Group, Special Issues Panel, Visiting 

9 Committee, or any similar entity of a defense FFRDC, 

10 and no paid consultant to any defense FFRDC, except 

11 when acting in a technical advisory capacity, may be com12 pensated for his or her services as a member of such enti13 ty, or as a paid consultant by more than one FFRDC in 

14 a fiscal year: Provided, That a member of any such entity 

15 referred to previously in this subsection shall be allowed 

16 travel expenses and per diem as authorized under the Fed17 eral Joint Travel Regulations, when engaged in the per18 formance of membership duties. 

19 (c) Notwithstanding any other provision of law, none 

20 of the funds available to the department from any source 

21 during fiscal year 2010 may be used by a defense FFRDC, 

22 through a fee or other payment mechanism, for construc23 tion of new buildings, for payment of cost sharing for 

24 projects funded by Government grants, for absorption of 

25 contract overruns, or for certain charitable contributions, 


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1 not to include employee participation in community service 

2 and/or development. 

3 (d) Notwithstanding any other provision of law, of 

4 the funds available to the department during fiscal year 

5 2010, not more than 5,582 staff years of technical effort 

6 (staff years) may be funded for defense FFRDCs, not 

7 more than 3,236 staff years may be funded for the sys8 tems engineering and integration FFRDCs and not more 

9 than 1,264 staff years may be funded for laboratory 

10 FFRDCs: Provided, That of the specific amount referred 

11 to previously in this subsection, not more than 1,082 staff 

12 years may be funded for the defense studies and analysis 

13 FFRDCs: Provided further, That this subsection shall not 

14 apply to staff years funded in the National Intelligence 

15 Program (NIP) and the Military Intelligence Program 

16 (MIP). 

17 (e) The Secretary of Defense shall, with the submis18 sion of the department’s fiscal year 2011 budget request, 

19 submit a report presenting the specific amounts of staff 

20 years of technical effort to be allocated for each defense 

21 FFRDC during that fiscal year and the associated budget 

22 estimates. 

23 (f) Notwithstanding any other provision of this Act, 

24 the total amount appropriated in this Act for FFRDCs 

25 is hereby reduced by $125,200,000. 


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1 SEC. 8026. None of the funds appropriated or made 

2 available in this Act shall be used to procure carbon, alloy 

3 or armor steel plate for use in any Government-owned fa4 cility or property under the control of the Department of 

5 Defense which were not melted and rolled in the United 

6 States or Canada: Provided, That these procurement re7 strictions shall apply to any and all Federal Supply Class 

8 9515, American Society of Testing and Materials (ASTM) 

9 or American Iron and Steel Institute (AISI) specifications 

10 of carbon, alloy or armor steel plate: Provided further, 

11 That the Secretary of the military department responsible 

12 for the procurement may waive this restriction on a case13 by-case basis by certifying in writing to the Committees 

14 on Appropriations of the House of Representatives and the 

15 Senate that adequate domestic supplies are not available 

16 to meet Department of Defense requirements on a timely 

17 basis and that such an acquisition must be made in order 

18 to acquire capability for national security purposes: Pro19 vided further, That these restrictions shall not apply to 

20 contracts which are in being as of the date of the enact21 ment of this Act. 

22 SEC. 8027. For the purposes of this Act, the term 

23 ‘‘congressional defense committees’’ means the Armed 

24 Services Committee of the House of Representatives, the 

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1 committee on Defense of the Committee on Appropriations 

2 of the Senate, and the Subcommittee on Defense of the 

3 Committee on Appropriations of the House of Representa4 tives. 

5 SEC. 8028. During the current fiscal year, the De6 partment of Defense may acquire the modification, depot 

7 maintenance and repair of aircraft, vehicles and vessels 

8 as well as the production of components and other De9 fense-related articles, through competition between De10 partment of Defense depot maintenance activities and pri11 vate firms: Provided, That the Senior Acquisition Execu12 tive of the military department or Defense Agency con13 cerned, with power of delegation, shall certify that success14 ful bids include comparable estimates of all direct and in15 direct costs for both public and private bids: Provided fur16 ther, That Office of Management and Budget Circular A– 

17 76 shall not apply to competitions conducted under this 

18 section. 

19 SEC. 8029. (a)(1) If the Secretary of Defense, after 

20 consultation with the United States Trade Representative, 

21 determines that a foreign country which is party to an 

22 agreement described in paragraph (2) has violated the 

23 terms of the agreement by discriminating against certain 

24 types of products produced in the United States that are 

25 covered by the agreement, the Secretary of Defense shall 


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1 rescind the Secretary’s blanket waiver of the Buy Amer2 ican Act with respect to such types of products produced 

3 in that foreign country. 

4 (2) An agreement referred to in paragraph (1) is any 

5 reciprocal defense procurement memorandum of under6 standing, between the United States and a foreign country 

7 pursuant to which the Secretary of Defense has prospec8 tively waived the Buy American Act for certain products 

9 in that country. 

10 (b) The Secretary of Defense shall submit to the Con11 gress a report on the amount of Department of Defense 

12 purchases from foreign entities in fiscal year 2010. Such 

13 report shall separately indicate the dollar value of items 

14 for which the Buy American Act was waived pursuant to 

15 any agreement described in subsection (a)(2), the Trade 

16 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

17 international agreement to which the United States is a 

18 party. 

19 (c) For purposes of this section, the term ‘‘Buy 

20 American Act’’ means title III of the Act entitled ‘‘An Act 

21 making appropriations for the Treasury and Post Office 

22 Departments for the fiscal year ending June 30, 1934, 

23 and for other purposes’’, approved March 3, 1933 (41 

24 U.S.C. 10a et seq.). 


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1 SEC. 8030. During the current fiscal year, amounts 

2 contained in the Department of Defense Overseas Military 

3 Facility Investment Recovery Account established by sec4 tion 2921(c)(1) of the National Defense Authorization Act 

5 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

6 be available until expended for the payments specified by 

7 section 2921(c)(2) of that Act. 

8 SEC. 8031. (a) Notwithstanding any other provision 

9 of law, the Secretary of the Air Force may convey at no 

10 cost to the Air Force, without consideration, to Indian 

11 tribes located in the States of Nevada, Idaho, North Da12 kota, South Dakota, Montana, and Minnesota relocatable 

13 military housing units located at Grand Forks Air Force 

14 Base, Malmstrom Air Force Base, Mountain Home Air 

15 Force Base, and Minot Air Force Base that are excess 

16 to the needs of the Air Force. 

17 (b) The Secretary of the Air Force shall convey, at 

18 no cost to the Air Force, military housing units under sub19 section (a) in accordance with the request for such units 

20 that are submitted to the Secretary by the Operation 

21 Walking Shield Program on behalf of Indian tribes located 

22 in the States of Nevada, Idaho, North Dakota, South Da23 kota, Montana, and Minnesota. 

24 (c) The Operation Walking Shield Program shall re25 solve any conflicts among requests of Indian tribes for 


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1 housing units under subsection (a) before submitting re2 quests to the Secretary of the Air Force under subsection 

3 (b). 

4 (d) In this section, the term ‘‘Indian tribe’’ means 

5 any recognized Indian tribe included on the current list 

6 published by the Secretary of the Interior under section 

7 104 of the Federally Recognized Indian Tribe Act of 1994 

8 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 

9 1). 

10 SEC. 8032. During the current fiscal year, appropria11 tions which are available to the Department of Defense 

12 for operation and maintenance may be used to purchase 

13 items having an investment item unit cost of not more 

14 than $250,000. 

15 SEC. 8033. (a) During the current fiscal year, none 

16 of the appropriations or funds available to the Department 

17 of Defense Working Capital Funds shall be used for the 

18 purchase of an investment item for the purpose of acquir19 ing a new inventory item for sale or anticipated sale dur20 ing the current fiscal year or a subsequent fiscal year to 

21 customers of the Department of Defense Working Capital 

22 Funds if such an item would not have been chargeable 

23 to the Department of Defense Business Operations Fund 

24 during fiscal year 1994 and if the purchase of such an 

25 investment item would be chargeable during the current 


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1 fiscal year to appropriations made to the Department of 

2 Defense for procurement. 

3 (b) The fiscal year 2011 budget request for the De4 partment of Defense as well as all justification material 

5 and other documentation supporting the fiscal year 2011 

6 Department of Defense budget shall be prepared and sub7 mitted to the Congress on the basis that any equipment 

8 which was classified as an end item and funded in a pro9 curement appropriation contained in this Act shall be 

10 budgeted for in a proposed fiscal year 2011 procurement 

11 appropriation and not in the supply management business 

12 area or any other area or category of the Department of 

13 Defense Working Capital Funds. 

14 SEC. 8034. None of the funds appropriated by this 

15 Act for programs of the Central Intelligence Agency shall 

16 remain available for obligation beyond the current fiscal 

17 year, except for funds appropriated for the Reserve for 

18 Contingencies, which shall remain available until Sep19 tember 30, 2011: Provided, That funds appropriated, 

20 transferred, or otherwise credited to the Central Intel21 ligence Agency Central Services Working Capital Fund 

22 during this or any prior or subsequent fiscal year shall 

23 remain available until expended: Provided further, That 

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1 quisition, for agent operations, and for covert action pro2 grams authorized by the President under section 503 of 

3 the National Security Act of 1947, as amended, shall re4 main available until September 30, 2011. 

5 SEC. 8035. Notwithstanding any other provision of 

6 law, funds made available in this Act for the Defense In7 telligence Agency may be used for the design, develop8 ment, and deployment of General Defense Intelligence 

9 Program intelligence communications and intelligence in10 formation systems for the Services, the Unified and Speci11 fied Commands, and the component commands. 

12 SEC. 8036. Of the funds appropriated to the Depart13 ment of Defense under the heading ‘‘Operation and Main14 tenance, Defense-Wide’’, not less than $12,000,000 shall 

15 be made available only for the mitigation of environmental 

16 impacts, including training and technical assistance to 

17 tribes, related administrative support, the gathering of in18 formation, documenting of environmental damage, and de19 veloping a system for prioritization of mitigation and cost 

20 to complete estimates for mitigation, on Indian lands re21 sulting from Department of Defense activities. 

22 SEC. 8037. (a) None of the funds appropriated in this 

23 Act may be expended by an entity of the Department of 

24 Defense unless the entity, in expending the funds, com25 plies with the Buy American Act. For purposes of this 


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1 subsection, the term ‘‘Buy American Act’’ means title III 

2 of the Act entitled ‘‘An Act making appropriations for the 

3 Treasury and Post Office Departments for the fiscal year 

4 ending June 30, 1934, and for other purposes’’, approved 

5 March 3, 1933 (41 U.S.C. 10a et seq.). 

6 (b) If the Secretary of Defense determines that a per7 son has been convicted of intentionally affixing a label 

8 bearing a ‘‘Made in America’’ inscription to any product 

9 sold in or shipped to the United States that is not made 

10 in America, the Secretary shall determine, in accordance 

11 with section 2410f of title 10, United States Code, wheth12 er the person should be debarred from contracting with 

13 the Department of Defense. 

14 (c) In the case of any equipment or products pur15 chased with appropriations provided under this Act, it is 

16 the sense of the Congress that any entity of the Depart17 ment of Defense, in expending the appropriation, purchase 

18 only American-made equipment and products, provided 

19 that American-made equipment and products are cost20 competitive, quality-competitive, and available in a timely 

21 fashion. 

22 SEC. 8038. None of the funds appropriated by this 

23 Act shall be available for a contract for studies, analysis, 

24 or consulting services entered into without competition on 


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1 the basis of an unsolicited proposal unless the head of the 

2 activity responsible for the procurement determines— 

3 (1) as a result of thorough technical evaluation, 

4 only one source is found fully qualified to perform 

5 the proposed work; 

6 (2) the purpose of the contract is to explore an 

7 unsolicited proposal which offers significant sci8 entific or technological promise, represents the prod9 uct of original thinking, and was submitted in con10 fidence by one source; or 

11 (3) the purpose of the contract is to take ad12 vantage of unique and significant industrial accom13 plishment by a specific concern, or to insure that a 

14 new product or idea of a specific concern is given fi15 nancial support: Provided, That this limitation shall 

16 not apply to contracts in an amount of less than 

17 $25,000, contracts related to improvements of equip18 ment that is in development or production, or con19 tracts as to which a civilian official of the Depart20 ment of Defense, who has been confirmed by the 

21 Senate, determines that the award of such contract 

22 is in the interest of the national defense. 

23 SEC. 8039. (a) Except as provided in subsections (b) 

24 and (c), none of the funds made available by this Act may 

25 be used— 


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1 (1) to establish a field operating agency; or 

2 (2) to pay the basic pay of a member of the 

3 Armed Forces or civilian employee of the depart4 ment who is transferred or reassigned from a head5 quarters activity if the member or employee’s place 

6 of duty remains at the location of that headquarters. 

7 (b) The Secretary of Defense or Secretary of a mili8 tary department may waive the limitations in subsection 

9 (a), on a case-by-case basis, if the Secretary determines, 

10 and certifies to the Committees on Appropriations of the 

11 House of Representatives and Senate that the granting 

12 of the waiver will reduce the personnel requirements or 

13 the financial requirements of the department. 

14 (c) This section does not apply to— 

15 (1) field operating agencies funded within the 

16 National Intelligence Program; or 

17 (2) an Army field operating agency established 

18 to eliminate, mitigate, or counter the effects of im19 provised explosive devices, and, as determined by the 

20 Secretary of the Army, other similar threats. 

21 SEC. 8040. The Secretary of Defense, notwith22 standing any other provision of law, acting through the 

23 Office of Economic Adjustment of the Department of De24 fense, may use funds made available in this Act under the 

25 heading ‘‘Operation and Maintenance, Defense-Wide’’ to 


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1 make grants and supplement other Federal funds in ac2 cordance with the guidance provided in the report of the 

3 Committee on Appropriations of the House of Representa4 tives accompanying this Act. 

5 (RESCISSIONS)

6 SEC. 8041. Of the funds appropriated in Department 

7 of Defense Appropriations Acts, the following funds are 

8 hereby rescinded from the following accounts and pro9 grams in the specified amounts: 

10 ‘‘Other Procurement, Army, 2009/2011’’, 

11 $131,900,000. 

12 ‘‘Shipbuilding and Conversion, Navy, 2009/ 

13 2013’’, $177,767,000. 

14 ‘‘Other Procurement, Navy, 2009/2011’’, 

15 $18,844,000. 

16 ‘‘Aircraft Procurement, Air Force, 2009/2011’’, 

17 $687,071,000. 

18 ‘‘Missile Procurement, Air Force, 2009/2011’’, 

19 $60,000,000. 

20 ‘‘Other Procurement, Air Force, 2009/2011’’, 

21 $36,400,000. 

22 ‘‘Research, Development, Test and Evaluation, 

23 Navy, 2009/2010’’, $20,000,000. 

24 ‘‘Research, Development, Test and Evaluation, 

25 Air Force, 2009/2010’’, $70,000,000. 


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1 ‘‘Research, Development, Test and Evaluation, 

2 Defense-Wide, 2009/2010’’, $189,357,000. 

3 SEC. 8042. None of the funds available in this Act 

4 may be used to reduce the authorized positions for mili5 tary (civilian) technicians of the Army National Guard, 

6 Air National Guard, Army Reserve and Air Force Reserve 

7 for the purpose of applying any administratively imposed 

8 civilian personnel ceiling, freeze, or reduction on military 

9 (civilian) technicians, unless such reductions are a direct 

10 result of a reduction in military force structure. 

11 SEC. 8043. None of the funds appropriated or other12 wise made available in this Act may be obligated or ex13 pended for assistance to the Democratic People’s Republic 

14 of Korea unless specifically appropriated for that purpose. 

15 SEC. 8044. Funds appropriated in this Act for oper16 ation and maintenance of the Military Departments, Com17 batant Commands and Defense Agencies shall be available 

18 for reimbursement of pay, allowances and other expenses 

19 which would otherwise be incurred against appropriations 

20 for the National Guard and Reserve when members of the 

21 National Guard and Reserve provide intelligence or coun22 terintelligence support to Combatant Commands, Defense 

23 Agencies and Joint Intelligence Activities, including the 

24 activities and programs included within the National Intel25 ligence Program and the Military Intelligence Program: 


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1 Provided, That nothing in this section authorizes deviation 

2 from established Reserve and National Guard personnel 

3 and training procedures. 

4 SEC. 8045. During the current fiscal year, none of 

5 the funds appropriated in this Act may be used to reduce 

6 the civilian medical and medical support personnel as7 signed to military treatment facilities below the September 

8 30, 2003, level: Provided, That the Service Surgeons Gen9 eral may waive this section by certifying to the congres10 sional defense committees that the beneficiary population 

11 is declining in some catchment areas and civilian strength 

12 reductions may be consistent with responsible resource 

13 stewardship and capitation-based budgeting. 

14 SEC. 8046. (a) None of the funds available to the 

15 Department of Defense for any fiscal year for drug inter16 diction or counter-drug activities may be transferred to 

17 any other department or agency of the United States ex18 cept as specifically provided in an appropriations law. 

19 (b) None of the funds available to the Central Intel20 ligence Agency for any fiscal year for drug interdiction 

21 and counter-drug activities may be transferred to any 

22 other department or agency of the United States except 

23 as specifically provided in an appropriations law. 

24 SEC. 8047. None of the funds appropriated by this 

25 Act may be used for the procurement of ball and roller 


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1 bearings other than those produced by a domestic source 

2 and of domestic origin: Provided, That the Secretary of 

3 the military department responsible for such procurement 

4 may waive this restriction on a case-by-case basis by certi5 fying in writing to the Committees on Appropriations of 

6 the House of Representatives and the Senate, that ade7 quate domestic supplies are not available to meet Depart8 ment of Defense requirements on a timely basis and that 

9 such an acquisition must be made in order to acquire ca10 pability for national security purposes: Provided further, 

11 That this restriction shall not apply to the purchase of 

12 ‘‘commercial items’’, as defined by section 4(12) of the 

13 Office of Federal Procurement Policy Act, except that the 

14 restriction shall apply to ball or roller bearings purchased 

15 as end items. 

16 SEC. 8048. None of the funds in this Act may be 

17 used to purchase any supercomputer which is not manu18 factured in the United States, unless the Secretary of De19 fense certifies to the congressional defense committees 

20 that such an acquisition must be made in order to acquire 

21 capability for national security purposes that is not avail22 able from United States manufacturers. 

23 SEC. 8049. None of the funds made available in this 

24 or any other Act may be used to pay the salary of any 

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1 proves or implements the transfer of administrative re2 sponsibilities or budgetary resources of any program, 

3 project, or activity financed by this Act to the jurisdiction 

4 of another Federal agency not financed by this Act with5 out the express authorization of Congress: Provided, That 

6 this limitation shall not apply to transfers of funds ex7 pressly provided for in Defense Appropriations Acts, or 

8 provisions of Acts providing supplemental appropriations 

9 for the Department of Defense. 

10 SEC. 8050. (a) Notwithstanding any other provision 

11 of law, none of the funds available to the Department of 

12 Defense for the current fiscal year may be obligated or 

13 expended to transfer to another nation or an international 

14 organization any defense articles or services (other than 

15 intelligence services) for use in the activities described in 

16 subsection (b) unless the congressional defense commit17 tees, the Committee on Foreign Affairs of the House of 

18 Representatives, and the Committee on Foreign Relations 

19 of the Senate are notified 15 days in advance of such 

20 transfer. 

21 (b) This section applies to— 

22 (1) any international peacekeeping or peace-en23 forcement operation under the authority of chapter 

24 VI or chapter VII of the United Nations Charter 


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1 under the authority of a United Nations Security 

2 Council resolution; and 

3 (2) any other international peacekeeping, peace4 enforcement, or humanitarian assistance operation. 

5 (c) A notice under subsection (a) shall include the 

6 following: 

7 (1) A description of the equipment, supplies, or 

8 services to be transferred. 

9 (2) A statement of the value of the equipment, 

10 supplies, or services to be transferred. 

11 (3) In the case of a proposed transfer of equip12 ment or supplies— 

13 (A) a statement of whether the inventory 

14 requirements of all elements of the Armed 

15 Forces (including the reserve components) for 

16 the type of equipment or supplies to be trans17 ferred have been met; and 

18 (B) a statement of whether the items pro19 posed to be transferred will have to be replaced 

20 and, if so, how the President proposes to pro21 vide funds for such replacement. 

22 SEC. 8051. None of the funds available to the De23 partment of Defense under this Act shall be obligated or 

24 expended to pay a contractor under a contract with the 


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1 Department of Defense for costs of any amount paid by 

2 the contractor to an employee when— 

3 (1) such costs are for a bonus or otherwise in 

4 excess of the normal salary paid by the contractor 

5 to the employee; and 

6 (2) such bonus is part of restructuring costs as7 sociated with a business combination. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8052. During the current fiscal year, no more 

10 than $30,000,000 of appropriations made in this Act 

11 under the heading ‘‘Operation and Maintenance, Defense12 Wide’’ may be transferred to appropriations available for 

13 the pay of military personnel, to be merged with, and to 

14 be available for the same time period as the appropriations 

15 to which transferred, to be used in support of such per16 sonnel in connection with support and services for eligible 

17 organizations and activities outside the Department of De18 fense pursuant to section 2012 of title 10, United States 

19 Code. 

20 SEC. 8053. During the current fiscal year, in the case 

21 of an appropriation account of the Department of Defense 

22 for which the period of availability for obligation has ex23 pired or which has closed under the provisions of section 

24 1552 of title 31, United States Code, and which has a 

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1 tion or an adjustment of an obligation may be charged 

2 to any current appropriation account for the same purpose 

3 as the expired or closed account if— 

4 (1) the obligation would have been properly 

5 chargeable (except as to amount) to the expired or 

6 closed account before the end of the period of avail7 ability or closing of that account; 

8 (2) the obligation is not otherwise properly 

9 chargeable to any current appropriation account of 

10 the Department of Defense; and 

11 (3) in the case of an expired account, the obli12 gation is not chargeable to a current appropriation 

13 of the Department of Defense under the provisions 

14 of section 1405(b)(8) of the National Defense Au15 thorization Act for Fiscal Year 1991, Public Law 

16 101–510, as amended (31 U.S.C. 1551 note): Pro17 vided, That in the case of an expired account, if sub18 sequent review or investigation discloses that there 

19 was not in fact a negative unliquidated or unex20 pended balance in the account, any charge to a cur21 rent account under the authority of this section shall 

22 be reversed and recorded against the expired ac23 count: Provided further, That the total amount 

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1 tion may not exceed an amount equal to 1 percent 

2 of the total appropriation for that account. 

3 SEC. 8054. (a) Notwithstanding any other provision 

4 of law, the Chief of the National Guard Bureau may per5 mit the use of equipment of the National Guard Distance 

6 Learning Project by any person or entity on a space-avail7 able, reimbursable basis. The Chief of the National Guard 

8 Bureau shall establish the amount of reimbursement for 

9 such use on a case-by-case basis. 

10 (b) Amounts collected under subsection (a) shall be 

11 credited to funds available for the National Guard Dis12 tance Learning Project and be available to defray the costs 

13 associated with the use of equipment of the project under 

14 that subsection. Such funds shall be available for such 

15 purposes without fiscal year limitation. 

16 SEC. 8055. Using funds available by this Act or any 

17 other Act, the Secretary of the Air Force, pursuant to a 

18 determination under section 2690 of title 10, United 

19 States Code, may implement cost-effective agreements for 

20 required heating facility modernization in the 

21 Kaiserslautern Military Community in the Federal Repub22 lic of Germany: Provided, That in the City of 

23 Kaiserslautern such agreements will include the use of 

24 United States anthracite as the base load energy for mu25 nicipal district heat to the United States Defense installaVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 tions: Provided further, That at Landstuhl Army Regional 

2 Medical Center and Ramstein Air Base, furnished heat 

3 may be obtained from private, regional or municipal serv4 ices, if provisions are included for the consideration of 

5 United States coal as an energy source. 

6 SEC. 8056. None of the funds appropriated in title 

7 IV of this Act may be used to procure end-items for deliv8 ery to military forces for operational training, operational 

9 use or inventory requirements: Provided, That this restric10 tion does not apply to end-items used in development, 

11 prototyping, and test activities preceding and leading to 

12 acceptance for operational use: Provided further, That this 

13 restriction does not apply to programs funded within the 

14 National Intelligence Program: Provided further, That the 

15 Secretary of Defense may waive this restriction on a case16 by-case basis by certifying in writing to the Committees 

17 on Appropriations of the House of Representatives and the 

18 Senate that it is in the national security interest to do 

19 so. 

20 SEC. 8057. None of the funds made available in this 

21 Act may be used to approve or license the sale of the F– 

22 22A advanced tactical fighter to any foreign government. 

23 SEC. 8058. (a) The Secretary of Defense may, on a 

24 case-by-case basis, waive with respect to a foreign country 

25 each limitation on the procurement of defense items from 


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1 foreign sources provided in law if the Secretary determines 

2 that the application of the limitation with respect to that 

3 country would invalidate cooperative programs entered 

4 into between the Department of Defense and the foreign 

5 country, or would invalidate reciprocal trade agreements 

6 for the procurement of defense items entered into under 

7 section 2531 of title 10, United States Code, and the 

8 country does not discriminate against the same or similar 

9 defense items produced in the United States for that coun10 try. 

11 (b) Subsection (a) applies with respect to— 

12 (1) contracts and subcontracts entered into on 

13 or after the date of the enactment of this Act; and 

14 (2) options for the procurement of items that 

15 are exercised after such date under contracts that 

16 are entered into before such date if the option prices 

17 are adjusted for any reason other than the applica18 tion of a waiver granted under subsection (a). 

19 (c) Subsection (a) does not apply to a limitation re20 garding construction of public vessels, ball and roller bear21 ings, food, and clothing or textile materials as defined by 

22 section 11 (chapters 50–65) of the Harmonized Tariff 

23 Schedule and products classified under headings 4010, 

24 4202, 4203, 6401 through 6406, 6505, 7019, 7218 


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1 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

2 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

3 SEC. 8059. (a) None of the funds made available by 

4 this Act may be used to support any training program in5 volving a unit of the security forces of a foreign country 

6 if the Secretary of Defense has received credible informa7 tion from the Department of State that the unit has com8 mitted a gross violation of human rights, unless all nec9 essary corrective steps have been taken. 

10 (b) The Secretary of Defense, in consultation with the 

11 Secretary of State, shall ensure that prior to a decision 

12 to conduct any training program referred to in subsection 

13 (a), full consideration is given to all credible information 

14 available to the Department of State relating to human 

15 rights violations by foreign security forces. 

16 (c) The Secretary of Defense, after consultation with 

17 the Secretary of State, may waive the prohibition in sub18 section (a) if he determines that such waiver is required 

19 by extraordinary circumstances. 

20 (d) Not more than 15 days after the exercise of any 

21 waiver under subsection (c), the Secretary of Defense shall 

22 submit a report to the congressional defense committees 

23 describing the extraordinary circumstances, the purpose 

24 and duration of the training program, the United States 

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1 ing program, and the information relating to human rights 

2 violations that necessitates the waiver. 

3 SEC. 8060. None of the funds appropriated or made 

4 available in this Act to the Department of the Navy shall 

5 be used to develop, lease or procure the T–AKE class of 

6 ships unless the main propulsion diesel engines and 

7 propulsors are manufactured in the United States by a 

8 domestically operated entity: Provided, That the Secretary 

9 of Defense may waive this restriction on a case-by-case 

10 basis by certifying in writing to the Committees on Appro11 priations of the House of Representatives and the Senate 

12 that adequate domestic supplies are not available to meet 

13 Department of Defense requirements on a timely basis 

14 and that such an acquisition must be made in order to 

15 acquire capability for national security purposes or there 

16 exists a significant cost or quality difference. 

17 SEC. 8061. None of the funds appropriated or other18 wise made available by this or other Department of De19 fense Appropriations Acts may be obligated or expended 

20 for the purpose of performing repairs or maintenance to 

21 military family housing units of the Department of De22 fense, including areas in such military family housing 

23 units that may be used for the purpose of conducting offi24 cial Department of Defense business. 


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1 SEC. 8062. Notwithstanding any other provision of 

2 law, funds appropriated in this Act under the heading 

3 ‘‘Research, Development, Test and Evaluation, Defense4 Wide’’ for any new start advanced concept technology 

5 demonstration project or joint capability demonstration 

6 project may only be obligated 30 days after a report, in7 cluding a description of the project, the planned acquisi8 tion and transition strategy and its estimated annual and 

9 total cost, has been provided in writing to the congres10 sional defense committees: Provided, That the Secretary 

11 of Defense may waive this restriction on a case-by-case 

12 basis by certifying to the congressional defense committees 

13 that it is in the national interest to do so. 

14 SEC. 8063. The Secretary of Defense shall provide 

15 a classified quarterly report beginning 30 days after enact16 ment of this Act, to the House and Senate Appropriations 

17 Committees, Subcommittees on Defense on certain mat18 ters as directed in the classified annex accompanying this 

19 Act. 

20 SEC. 8064. During the current fiscal year, none of 

21 the funds available to the Department of Defense may be 

22 used to provide support to another department or agency 

23 of the United States if such department or agency is more 

24 than 90 days in arrears in making payment to the Depart25 ment of Defense for goods or services previously provided 


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1 to such department or agency on a reimbursable basis: 

2 Provided, That this restriction shall not apply if the de3 partment is authorized by law to provide support to such 

4 department or agency on a nonreimbursable basis, and is 

5 providing the requested support pursuant to such author6 ity: Provided further, That the Secretary of Defense may 

7 waive this restriction on a case-by-case basis by certifying 

8 in writing to the Committees on Appropriations of the 

9 House of Representatives and the Senate that it is in the 

10 national security interest to do so. 

11 SEC. 8065. Notwithstanding section 12310(b) of title 

12 10, United States Code, a Reserve who is a member of 

13 the National Guard serving on full-time National Guard 

14 duty under section 502(f) of title 32, United States Code, 

15 may perform duties in support of the ground-based ele16 ments of the National Ballistic Missile Defense System. 

17 SEC. 8066. None of the funds provided in this Act 

18 may be used to transfer to any nongovernmental entity 

19 ammunition held by the Department of Defense that has 

20 a center-fire cartridge and a United States military no21 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

22 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

23 ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 

24 entity performing demilitarization services for the Depart25 ment of Defense under a contract that requires the entity 


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1 to demonstrate to the satisfaction of the Department of 

2 Defense that armor piercing projectiles are either: (1) ren3 dered incapable of reuse by the demilitarization process; 

4 or (2) used to manufacture ammunition pursuant to a con5 tract with the Department of Defense or the manufacture 

6 of ammunition for export pursuant to a License for Per7 manent Export of Unclassified Military Articles issued by 

8 the Department of State. 

9 SEC. 8067. Notwithstanding any other provision of 

10 law, the Chief of the National Guard Bureau, or his des11 ignee, may waive payment of all or part of the consider12 ation that otherwise would be required under section 2667 

13 of title 10, United States Code, in the case of a lease of 

14 personal property for a period not in excess of 1 year to 

15 any organization specified in section 508(d) of title 32, 

16 United States Code, or any other youth, social, or fra17 ternal nonprofit organization as may be approved by the 

18 Chief of the National Guard Bureau, or his designee, on 

19 a case-by-case basis. 

20 SEC. 8068. None of the funds appropriated by this 

21 Act shall be used for the support of any nonappropriated 

22 funds activity of the Department of Defense that procures 

23 malt beverages and wine with nonappropriated funds for 

24 resale (including such alcoholic beverages sold by the 

25 drink) on a military installation located in the United 


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1 States unless such malt beverages and wine are procured 

2 within that State, or in the case of the District of Colum3 bia, within the District of Columbia, in which the military 

4 installation is located: Provided, That in a case in which 

5 the military installation is located in more than one State, 

6 purchases may be made in any State in which the installa7 tion is located: Provided further, That such local procure8 ment requirements for malt beverages and wine shall 

9 apply to all alcoholic beverages only for military installa10 tions in States which are not contiguous with another 

11 State: Provided further, That alcoholic beverages other 

12 than wine and malt beverages, in contiguous States and 

13 the District of Columbia shall be procured from the most 

14 competitive source, price and other factors considered. 

15 SEC. 8069. Funds available to the Department of De16 fense for the Global Positioning System during the current 

17 fiscal year may be used to fund civil requirements associ18 ated with the satellite and ground control segments of 

19 such system’s modernization program. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 8070. Of the amounts appropriated in this Act 

22 under the heading ‘‘Operation and Maintenance, Army’’, 

23 $106,754,000 shall remain available until expended: Pro24 vided, That notwithstanding any other provision of law, 

25 the Secretary of Defense is authorized to transfer such 


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1 funds to other activities of the Federal Government: Pro2 vided further, That the Secretary of Defense is authorized 

3 to enter into and carry out contracts for the acquisition 

4 of real property, construction, personal services, and oper5 ations related to projects carrying out the purposes of this 

6 section: Provided further, That contracts entered into 

7 under the authority of this section may provide for such 

8 indemnification as the Secretary determines to be nec9 essary: Provided further, That projects authorized by this 

10 section shall comply with applicable Federal, State, and 

11 local law to the maximum extent consistent with the na12 tional security, as determined by the Secretary of Defense. 

13 SEC. 8071. Section 8106 of the Department of De14 fense Appropriations Act, 1997 (titles I through VIII of 

15 the matter under subsection 101(b) of Public Law 104– 

16 208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con17 tinue in effect to apply to disbursements that are made 

18 by the Department of Defense in fiscal year 2010. 

19 SEC. 8072. In addition to amounts provided else20 where in this Act, $5,000,000 is hereby appropriated to 

21 the Department of Defense, to remain available for obliga22 tion until expended: Provided, That notwithstanding any 

23 other provision of law, these funds shall be available only 

24 for a grant to the Fisher House Foundation, Inc., only 

25 for the construction and furnishing of additional Fisher 


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1 Houses to meet the needs of military family members 

2 when confronted with the illness or hospitalization of an 

3 eligible military beneficiary. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8073. Of the amounts appropriated in this Act 

6 under the heading ‘‘Research, Development, Test and 

7 Evaluation, Defense-Wide’’, $202,434,000 shall be for the 

8 Israeli Cooperative Programs: Provided, That of this 

9 amount, $45,792,000 shall be for the Short Range Bal10 listic Missile Defense (SRBMD) program, $50,036,000 

11 shall be available for an upper-tier component to the 

12 Israeli Missile Defense Architecture, and $72,400,000 

13 shall be for the Arrow Missile Defense Program, of which 

14 $25,000,000 shall be for producing Arrow missile compo15 nents in the United States and Arrow missile components 

16 in Israel to meet Israel’s defense requirements, consistent 

17 with each nation’s laws, regulations and procedures: Pro18 vided further, That funds made available under this provi19 sion for production of missiles and missile components 

20 may be transferred to appropriations available for the pro21 curement of weapons and equipment, to be merged with 

22 and to be available for the same time period and the same 

23 purposes as the appropriation to which transferred: Pro24 vided further, That the transfer authority provided under 


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1 this provision is in addition to any other transfer authority 

2 contained in this Act. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8074. Of the amounts appropriated in this Act 

5 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

6 $454,586,000 shall be available until September 30, 2010, 

7 to fund prior year shipbuilding cost increases: Provided, 

8 That upon enactment of this Act, the Secretary of the 

9 Navy shall transfer such funds to the following appropria10 tions in the amounts specified: Provided further, That the 

11 amounts transferred shall be merged with and be available 

12 for the same purposes as the appropriations to which 

13 transferred: 

14 To: 

15 Under the heading Shipbuilding and Conversion, 

16 Navy, 2004/2010: 

17 New SSN, $26,906,000. 

18 LPD–17 Amphibious Transport Dock Program, 

19 $16,844,000. 

20 Under the heading Shipbuilding and Conversion, 

21 Navy, 2005/2010: 

22 New SSN, $18,702,000. 

23 LPD–17 Amphibious Transport Dock Program, 

24 $16,498,000. 


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1 Under the heading Shipbuilding and Conversion, 

2 Navy, 2007/2011: 

3 DD(X) Program, $309,636,000. 

4 Under the heading Shipbuilding and Conversion, 

5 Navy, 2008/2012: 

6 LPD–17 Amphibious Transport Dock Program, 

7 $66,000,000. 

8 SEC. 8075. None of the funds available to the De9 partment of Defense may be obligated to modify command 

10 and control relationships to give Fleet Forces Command 

11 administrative and operational control of United States 

12 Navy forces assigned to the Pacific fleet: Provided, That 

13 the command and control relationships which existed on 

14 October 1, 2004, shall remain in force unless changes are 

15 specifically authorized in a subsequent Act. 

16 SEC. 8076. Notwithstanding any other provision of 

17 law or regulation, the Secretary of Defense may exercise 

18 the provisions of section 7403(g) of title 38, United States 

19 Code, for occupations listed in section 7403(a)(2) of title 

20 38, United States Code, as well as the following: 

21 Pharmacists, Audiologists, Psychologists, Social 

22 Workers, Orthotists/Prosthetists, Occupational 

23 Therapists, Physical Therapists, Rehabilitation 

24 Therapy Assistants, Respiratory Therapists, Speech 

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1 gienists, Psychology Technicians, Social Service As2 sistants, Practical Nurses, Nursing Assistants, Med3 ical Technologists, Medical Technicians, Pharmacy 

4 Technicians, Health System Specialists, Medical In5 strument Technicians, and Dental Hygienists: 

6 (A) The requirements of section 

7 7403(g)(1)(A) of title 38, United States Code, 

8 shall apply. 

9 (B) The limitations of section 

10 7403(g)(1)(B) of title 38, United States Code, 

11 shall not apply. 

12 SEC. 8077. Funds appropriated by this Act, or made 

13 available by the transfer of funds in this Act, for intel14 ligence activities are deemed to be specifically authorized 

15 by the Congress for purposes of section 504 of the Na16 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

17 year 2010 until the enactment of the Intelligence Author18 ization Act for Fiscal Year 2010. 

19 SEC. 8078. None of the funds provided in this Act 

20 shall be available for obligation or expenditure through a 

21 reprogramming of funds that creates or initiates a new 

22 program, project, or activity unless such program, project, 

23 or activity must be undertaken immediately in the interest 

24 of national security and only after written prior notifica25 tion to the congressional defense committees. 


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1 SEC. 8079. (a) In addition to the amounts provided 

2 elsewhere in this Act, $3,000,000 is hereby appropriated 

3 to the Department of Defense for ‘‘Operation and Mainte4 nance, Army National Guard’’. Such amount shall be 

5 made available to the Secretary of the Army only to make 

6 a grant in the amount of $3,000,000 to the entity speci7 fied in subsection (b) to facilitate access by veterans to 

8 opportunities for skilled employment in the construction 

9 industry. 

10 (b) The entity referred to in subsection (a) is the 

11 Center for Military Recruitment, Assessment and Vet12 erans Employment, a nonprofit labor-management co13 operation committee provided for by section 302(c)(9) of 

14 the Labor-Management Relations Act, 1947 (29 U.S.C. 

15 186(c)(9)), for the purposes set forth in section 6(b) of 

16 the Labor Management Cooperation Act of 1978 (29 

17 U.S.C. 175a note). 

18 SEC. 8080. The budget of the President for fiscal 

19 year 2011 submitted to the Congress pursuant to section 

20 1105 of title 31, United States Code, shall include sepa21 rate budget justification documents for costs of United 

22 States Armed Forces’ participation in contingency oper23 ations for the Military Personnel accounts, the Operation 

24 and Maintenance accounts, and the Procurement ac25 counts: Provided, That these documents shall include a deVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 scription of the funding requested for each contingency op2 eration, for each military service, to include all Active and 

3 Reserve components, and for each appropriations account: 

4 Provided further, That these documents shall include esti5 mated costs for each element of expense or object class, 

6 a reconciliation of increases and decreases for each contin7 gency operation, and programmatic data including, but 

8 not limited to, troop strength for each Active and Reserve 

9 component, and estimates of the major weapons systems 

10 deployed in support of each contingency: Provided further, 

11 That these documents shall include budget exhibits OP– 

12 5 and OP–32 (as defined in the Department of Defense 

13 Financial Management Regulation) for all contingency op14 erations for the budget year and the two preceding fiscal 

15 years. 

16 SEC. 8081. None of the funds in this Act may be 

17 used for research, development, test, evaluation, procure18 ment or deployment of nuclear armed interceptors of a 

19 missile defense system. 

20 SEC. 8082. Up to $2,500,000 of the funds appro21 priated under the heading ‘‘Operation and Maintenance, 

22 Navy’’ in this Act for the Pacific Missile Range Facility 

23 may be made available to contract for the repair, mainte24 nance, and operation of adjacent off-base water, drainage, 

25 and flood control systems, electrical upgrade to support 


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1 additional missions critical to base operations, and support 

2 for a range footprint expansion to further guard against 

3 encroachment. 

4 SEC. 8083. In addition to the amounts appropriated 

5 or otherwise made available elsewhere in this Act, 

6 $88,700,000 is hereby appropriated to the Department of 

7 Defense: Provided, That the Secretary of Defense shall 

8 make grants in the amounts specified as follows: 

9 $20,000,000 to the United Service Organizations; 

10 $30,000,000 to the Red Cross; $6,000,000 to the SOAR 

11 Virtual School District; $5,000,000 to The Presidio Herit12 age Center; $5,000,000 to the Paralympics Military Pro13 gram; $4,800,000 to the Arrest Deterioration of Ford Is14 land Aviation Control Tower, Pearl Harbor, Hawaii; 

15 $2,000,000 to the Go For Broke program; $1,000,000 to 

16 Our Military Kids; $3,000,000 to the New Jersey Tech17 nology Center; $2,000,000 to the Women in Military Serv18 ice for America Memorial; $500,000 to the Marshall Leg19 acy Institute; $1,000,000 to the Vietnam Veterans Memo20 rial Fund for Demining Activities; $7,400,000 to the Ed21 ward M. Kennedy Institute for the Senate; and 

22 $1,000,000 for the Riverside General Hospital in Hous23 ton, Texas, for the treatment of psychological health 

24 issues. 


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1 SEC. 8084. None of the funds appropriated or made 

2 available in this Act shall be used to reduce or disestablish 

3 the operation of the 53rd Weather Reconnaissance Squad4 ron of the Air Force Reserve, if such action would reduce 

5 the WC–130 Weather Reconnaissance mission below the 

6 levels funded in this Act: Provided, That the Air Force 

7 shall allow the 53rd Weather Reconnaissance Squadron to 

8 perform other missions in support of national defense re9 quirements during the non-hurricane season. 

10 SEC. 8085. None of the funds provided in this Act 

11 shall be available for integration of foreign intelligence in12 formation unless the information has been lawfully col13 lected and processed during the conduct of authorized for14 eign intelligence activities: Provided, That information 

15 pertaining to United States persons shall only be handled 

16 in accordance with protections provided in the Fourth 

17 Amendment of the United States Constitution as imple18 mented through Executive Order No. 12333. 

19 SEC. 8086. (a) At the time members of reserve com20 ponents of the Armed Forces are called or ordered to ac21 tive duty under section 12302(a) of title 10, United States 

22 Code, each member shall be notified in writing of the ex23 pected period during which the member will be mobilized. 

24 (b) The Secretary of Defense may waive the require25 ments of subsection (a) in any case in which the Secretary 


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1 determines that it is necessary to do so to respond to a 

2 national security emergency or to meet dire operational 

3 requirements of the Armed Forces. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8087. The Secretary of Defense may transfer 

6 funds from any available Department of the Navy appro7 priation to any available Navy ship construction appro8 priation for the purpose of liquidating necessary changes 

9 resulting from inflation, market fluctuations, or rate ad10 justments for any ship construction program appropriated 

11 in law: Provided, That the Secretary may transfer not to 

12 exceed $100,000,000 under the authority provided by this 

13 section: Provided further, That the Secretary may not 

14 transfer any funds until 30 days after the proposed trans15 fer has been reported to the Committees on Appropria16 tions of the House of Representatives and the Senate, un17 less a response from the Committees is received sooner: 

18 Provided further, That the transfer authority provided by 

19 this section is in addition to any other transfer authority 

20 contained elsewhere in this Act. 

21 SEC. 8088. For purposes of section 612 of title 41, 

22 United States Code, any subdivision of appropriations 

23 made under the heading ‘‘Shipbuilding and Conversion, 

24 Navy’’ that is not closed at the time reimbursement is 

25 made shall be available to reimburse the Judgment Fund 


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1 and shall be considered for the same purposes as any sub2 division under the heading ‘‘Shipbuilding and Conversion, 

3 Navy’’ appropriations in the current fiscal year or any 

4 prior fiscal year. 

5 SEC. 8089. (a) None of the funds appropriated by 

6 this Act may be used to transfer research and develop7 ment, acquisition, or other program authority relating to 

8 current tactical unmanned aerial vehicles (TUAVs) from 

9 the Army. 

10 (b) None of the funds appropriated by this Act may 

11 be used to institute an inter-Service common contract for 

12 acquisition of MQ–1 or MQ–1C UAVs until 30 days after 

13 the Secretary of Defense certifies to the congressional de14 fense committees that a common contract would achieve 

15 cost savings, be interoperable with, and not create undue 

16 sustainment costs compared to the current fleet. 

17 SEC. 8090. Notwithstanding any other provision of 

18 law or regulation, the Secretary of Defense may adjust 

19 wage rates for civilian employees hired for certain health 

20 care occupations as authorized for the Secretary of Vet21 erans Affairs by section 7455 of title 38, United States 

22 Code. 

23 SEC. 8091. Up to $15,000,000 of the funds appro24 priated under the heading, ‘‘Operation and Maintenance, 

25 Navy’’ may be made available for the Asia Pacific ReVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 gional Initiative Program for the purpose of enabling the 

2 Pacific Command to execute Theater Security Cooperation 

3 activities such as humanitarian assistance, and payment 

4 of incremental and personnel costs of training and exer5 cising with foreign security forces: Provided, That funds 

6 made available for this purpose may be used, notwith7 standing any other funding authorities for humanitarian 

8 assistance, security assistance or combined exercise ex9 penses: Provided further, That funds may not be obligated 

10 to provide assistance to any foreign country that is other11 wise prohibited from receiving such type of assistance 

12 under any other provision of law. 

13 SEC. 8092. None of the funds appropriated by this 

14 Act for programs of the Office of the Director of National 

15 Intelligence shall remain available for obligation beyond 

16 the current fiscal year, except for funds appropriated for 

17 research and technology, which shall remain available until 

18 September 30, 2011. 

19 SEC. 8093. For purposes of section 1553(b) of title 

20 31, United States Code, any subdivision of appropriations 

21 made in this Act under the heading ‘‘Shipbuilding and 

22 Conversion, Navy’’ shall be considered to be for the same 

23 purpose as any subdivision under the heading ‘‘Ship24 building and Conversion, Navy’’ appropriations in any 


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1 prior fiscal year, and the 1 percent limitation shall apply 

2 to the total amount of the appropriation. 

3 SEC. 8094. Notwithstanding any other provision of 

4 law, that not more than 35 percent of funds provided in 

5 this Act for environmental remediation may be obligated 

6 under indefinite delivery/indefinite quantity contracts with 

7 a total contract value of $130,000,000 or higher. 

8 SEC. 8095. The Secretary of Defense shall create a 

9 major force program category for space for the Future 

10 Years Defense Program of the Department of Defense. 

11 The Secretary of Defense shall designate an official in the 

12 Office of the Secretary of Defense to provide overall super13 vision of the preparation and justification of program rec14 ommendations and budget proposals to be included in such 

15 major force program category. 

16 SEC. 8096. The Director of National Intelligence 

17 shall include the budget exhibits identified in paragraphs 

18 (1) and (2) as described in the Department of Defense 

19 Financial Management Regulation with the congressional 

20 budget justification books. 

21 (1) For procurement programs requesting more 

22 than $20,000,000 in any fiscal year, the P–1, Pro23 curement Program; P–5, Cost Analysis; P–5a, Pro24 curement History and Planning; P–21, Production 

25 Schedule; and P–40, Budget Item Justification. 


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1 (2) For research, development, test and evalua2 tion projects requesting more than $10,000,000 in 

3 any fiscal year, the R–1, RDT&E Program; R–2, 

4 RDT&E Budget Item Justification; R–3, RDT&E 

5 Project Cost Analysis; and R–4, RDT&E Program 

6 Schedule Profile. 

7 SEC. 8097. Notwithstanding any other provision of 

8 law, none of the funds made available in this Act may be 

9 used to pay negotiated indirect cost rates on a contract, 

10 grant, or cooperative agreement (or similar arrangement) 

11 entered into by the Department of Defense and an entity 

12 in excess of 35 percent of the total cost of the contract, 

13 grant, or agreement (or similar arrangement): Provided, 

14 That this limitation shall apply only to funds made avail15 able in this Act for basic research. 

16 SEC. 8098. The Secretary of Defense shall maintain 

17 on the homepage of the Internet website of the Depart18 ment of Defense a direct link to the Internet website of 

19 the Office of Inspector General of the Department of De20 fense. 

21 SEC. 8099. (a) Not later than 60 days after enact22 ment of this Act, the Office of the Director of National 

23 Intelligence shall submit a report to the congressional in24 telligence committees to establish the baseline for applicaVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 tion of reprogramming and transfer authorities for fiscal 

2 year 2010: Provided, That the report shall include— 

3 (1) a table for each appropriation with a sepa4 rate column to display the President’s budget re5 quest, adjustments made by Congress, adjustments 

6 due to enacted rescissions, if appropriate, and the 

7 fiscal year enacted level; 

8 (2) a delineation in the table for each appro9 priation by Expenditure Center and project; and 

10 (3) an identification of items of special congres11 sional interest. 

12 (b) None of the funds provided for the National Intel13 ligence Program in this Act shall be available for re14 programming or transfer until the report identified in sub15 section (a) is submitted to the congressional intelligence 

16 committees, unless the Director of National Intelligence 

17 certifies in writing to the congressional intelligence com18 mittees that such reprogramming or transfer is necessary 

19 as an emergency requirement. 

20 SEC. 8100. The Director of National Intelligence 

21 shall submit to Congress each year, at or about the time 

22 that the President’s budget is submitted to Congress that 

23 year under section 1105(a) of title 31, United States 

24 Code, a future-years intelligence program (including asso25 ciated annexes) reflecting the estimated expenditures and 


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1 proposed appropriations included in that budget. Any such 

2 future-years intelligence program shall cover the fiscal 

3 year with respect to which the budget is submitted and 

4 at least the four succeeding fiscal years. 

5 SEC. 8101. For the purposes of this Act, the term 

6 ‘‘congressional intelligence committees’’ means the Perma7 nent Select Committee on Intelligence of the House of 

8 Representatives, the Select Committee on Intelligence of 

9 the Senate, the Subcommittee on Defense of the Com10 mittee on Appropriations of the House of Representatives, 

11 and the Subcommittee on Defense of the Committee on 

12 Appropriations of the Senate. 

13 SEC. 8102. The Department of Defense shall con14 tinue to report incremental contingency operations costs 

15 for Operation Iraqi Freedom and Operation Enduring 

16 Freedom on a monthly basis in the Cost of War Execution 

17 Report as prescribed in the Department of Defense Finan18 cial Management Regulation Department of Defense In19 struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 

20 Operations’’, Annex 1, dated September 2005. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8103. (a) CONTINUATION OF STOP-LOSS SPE23 CIAL PAY.—In addition to the amounts appropriated or 

24 otherwise made available elsewhere in this Act, 

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1 fense to carry out this section. Such amount shall be made 

2 available to the Secretaries of the military departments 

3 only to provide special pay during fiscal year 2010 to 

4 members of the Army, Navy, Air Force, and Marine 

5 Corps, including members of their reserve components, 

6 who, at any time during fiscal year 2010, serve on active 

7 duty while the members’ enlistment or period of obligated 

8 service is extended, or whose eligibility for retirement is 

9 suspended, pursuant to section 123 or 12305 of title 10, 

10 United States Code, or any other provision of law (com11 monly referred to as a ‘‘stop-loss authority’’) authorizing 

12 the President to extend an enlistment or period of obli13 gated service, or suspend an eligibility for retirement, of 

14 a member of the uniformed services in time of war or of 

15 national emergency declared by Congress or the President. 

16 (b) SPECIAL PAY AMOUNT.—The amount of the spe17 cial pay paid under subsection (a) to or on behalf of an 

18 eligible member shall be $500 per month for each month 

19 or portion of a month during fiscal year 2010 that the 

20 member is retained on active duty as a result of applica21 tion of the stop-loss authority. 

22 (c) TREATMENT OF DECEASED MEMBERS.—If an eli23 gible member described in subsection (a) dies before the 

24 payment required by this section is made, the Secretary 


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1 concerned shall make the payment in accordance with sec2 tion 2771 of title 10, United States Code. 

3 (d) CLARIFICATION OF RETROACTIVE STOP-LOSS

4 SPECIAL PAY AUTHORITY.—Section 310 of the Supple5 mental Appropriations Act, 2009 (Public Law 111–32) is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(i) EFFECT OF SUBSEQUENT REENLISTMENT OF

9 VOLUNTARY EXTENSION OF SERVICE.—Members of the 

10 Armed Forces, retired members, and former members oth11 erwise described in subsection (a) are not eligible for a 

12 payment under this section if the members— 

13 ‘‘(1) voluntarily reenlisted or extended their 

14 service after their enlistment or period of obligated 

15 service was extended, or after their eligibility for re16 tirement was suspended, pursuant to a stop-loss au17 thority; and 

18 ‘‘(2) received a bonus for such reenlistment or 

19 extension of service.’’. 

20 SEC. 8104. Appropriations available to the Depart21 ment of Defense for the purchase of heavy and light ar22 mored vehicles for force protection purposes may be used 

23 for such purchase, up to a limit of $262,000 per vehicle, 

24 notwithstanding other limitations applicable to the pur25 chase of passenger carrying vehicles. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8105. During the current fiscal year, not to ex3 ceed $12,000,000 from each of the appropriations made 

4 in title II of this Act for ‘‘Operation and Maintenance, 

5 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper6 ation and Maintenance, Air Force’’ may be transferred by 

7 the military department concerned to its central fund es8 tablished for Fisher Houses and Suites pursuant to sec9 tion 2493(d) of title 10, United States Code. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8106. Of the funds appropriated in the Intel12 ligence Community Management Account for the Program 

13 Manager for the Information Sharing Environment, 

14 $24,000,000 is available for transfer by the Director of 

15 National Intelligence to other departments and agencies 

16 for purposes of Government-wide information sharing ac17 tivities: Provided, That the funds transferred under this 

18 provision are to be merged with, and to be available for 

19 the same purposes and for the same time period as the 

20 appropriations to which transferred: Provided further, 

21 That the Office of Management and Budget must approve 

22 any transfers made under this provision. 

23 SEC. 8107. (a) None of the funds provided for the 

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1 ture through a reprogramming of funds in accordance 

2 with section 102A(d) of the National Security Act of 1947 

3 (50 U.S.C. 403–1(d)) unless the Committees on Appro4 priations of the House of Representatives and the Senate 

5 are notified 15 days in advance of the reprogramming 

6 that— 

7 (1) creates or initiates a new program, project 

8 or activity; 

9 (2) eliminates a program, project or activity; 

10 (3) augments funds for existing projects in ex11 cess of 10 percent or more; or 

12 (4) reduces by 10 percent or more funding or 

13 personnel for a project. 

14 (b) None of the funds provided for the National intel15 ligence Program in this or any prior appropriations Act 

16 shall be available for obligation or expenditure through a 

17 reprogramming of funds in accordance with section 

18 102A(d) of the National Security Act of 1947 (50 U.S.C. 

19 403–1(d)) made after August 1, 2010, except in extraor20 dinary circumstances and after the Committees on Appro21 priations of the House of Representatives and the Senate 

22 are notified 30 days in advance of the reprogramming. 

23 SEC. 8108. None of the funds appropriated or other24 wise made available by this Act, or that remain available 

25 for obligation for the Department of Defense from the 


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1 Consolidated Security, Disaster Assistance, and Con2 tinuing Appropriations Act, 2009 (Public Law 110–329), 

3 the American Recovery and Reinvestment Act of 2009 

4 (Public Law 111–5), and the Supplemental Appropria5 tions Act, 2009 (Public Law 111–32), may be used to 

6 award to a contractor or convert to performance by a con7 tractor any functions performed by Federal employees 

8 pursuant to a study conducted under Office of Manage9 ment and Budget (OMB) Circular A–76, as of the date 

10 of enactment of this Act. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8109. During the current fiscal year, the Sec13 retary of Defense may transfer to the appropriation ‘‘For14 eign Currency Fluctuations, Defense’’ unobligated 

15 amounts of funds appropriated for operation and mainte16 nance for fiscal year 2007, 2008, or 2009 and unobligated 

17 amounts of funds appropriated for military personnel for 

18 any of such fiscal years if such unobligated amounts are 

19 not necessary for the liquidation of obligations or for the 

20 making of authorized adjustments to such appropriations 

21 for obligations incurred during the period of availability 

22 of such appropriations: Provided, That the amount in the 

23 appropriation ‘‘Foreign Currency Fluctuations, Defense’’ 

24 may not exceed the amount specified in subsection 

25 2779(d) of title 10, United States Code, as a result of 


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1 the transfer: Provided further, That the transfer authority 

2 provided by this section is in addition to any other transfer 

3 authority contained in this Act. 

4 SEC. 8110. The amounts appropriated in title II of 

5 this Act are hereby reduced by $289,570,000 to reflect 

6 excess cash balances in Department of Defense Working 

7 Capital Funds. 

8 SEC. 8111. (a)(1) No National Intelligence Program 

9 funds appropriated in this Act may be used for a mission 

10 critical or mission essential business management infor11 mation technology system that is not registered with the 

12 Director of National Intelligence. A system shall be con13 sidered to be registered with that officer upon the fur14 nishing notice of the system, together with such informa15 tion concerning the system as the Director of the Business 

16 Transformation Office may prescribe. 

17 (2) During the current fiscal year no funds may be 

18 obligated or expended for a financial management auto19 mated information system, a mixed information system 

20 supporting financial and non-financial systems, or a busi21 ness system improvement of more than $1,000,000, within 

22 the Intelligence Community until the Director of National 

23 Intelligence certifies to the congressional intelligence com24 mittees that the system is being developed and managed 


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1 in accordance with the Business Transformation require2 ments. 

3 (b) The Director of the Business Transformation Of4 fice shall provide the congressional intelligence committees 

5 notification of approvals under paragraph (1) no later 

6 than 30 days after certification. Each such notification 

7 shall include a statement confirming that the following 

8 steps have been taken with respect to the system: 

9 (1) Business process reengineering. 

10 (2) An analysis of alternatives and an economic 

11 analysis that includes a calculation of the return on 

12 investment. 

13 (3) Assurance the system is compatible with the 

14 enterprise-wide business architecture. 

15 (4) Performance measures. 

16 (5) An information assurance strategy con17 sistent with the Chief Information Officer of the In18 telligence Community. 

19 (c) This section shall not apply to any programmatic 

20 or analytic systems or programmatic or analytic system 

21 improvements. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8112. (a) In addition to funds made available 

24 elsewhere in this Act, there is hereby appropriated 

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1 vided, That these funds are appropriated to the ‘‘Tanker 

2 Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 

3 elsewhere in this section): Provided further, That the Sec4 retary of the Air Force may transfer amounts in the Fund 

5 to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 

6 Procurement, Air Force’’, and ‘‘Research, Development, 

7 Test and Evaluation, Air Force’’, only for the purposes 

8 of proceeding with a tanker acquisition program: Provided 

9 further, That funds transferred shall be merged with and 

10 be available for the same purposes and for the same time 

11 period as the appropriations or fund to which transferred: 

12 Provided further, That this transfer authority is in addi13 tion to any other transfer authority available to the De14 partment of Defense: Provided further, That the Secretary 

15 of the Air Force shall, not fewer than 15 days prior to 

16 making transfers using funds provided in this section, no17 tify the congressional defense committees in writing of the 

18 details of any such transfer: Provided further, That the 

19 Secretary shall submit a report no later than 30 days after 

20 the end of each fiscal quarter to the congressional defense 

21 committees summarizing the details of the transfer of 

22 funds from this appropriation. 

23 (b) The Secretary of Defense is directed to award one 

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1 ment program according to either of the following alter2 natives: 

3 (1) A contract to a single offeror based on a 

4 best value or lowest cost source selection derived 

5 from full and open competition, subject to the condi6 tion that non-development aircraft produced under 

7 such contract must be finally assembled in the 

8 United States. Such competition and source selection 

9 shall include evaluation of the life-cycle costs of each 

10 aircraft over a 40-year period (including costs of fuel 

11 consumption, military construction and other factors 

12 normally associated with operation and support of 

13 tanker aircraft) and shall include an independent 

14 40-year life-cycle cost estimate conducted by a feder15 ally funded research and development center. 

16 (2) Contracts awarded to each of the two 

17 offerors that responded to Request for Proposal No. 

18 FA8625–07–R–6470 (as released on January 29, 

19 2007) subject to the condition that all non-develop20 ment aircraft produced under any such contracts 

21 must be finally assembled in the United States. 

22 (c) The Secretary of Defense shall certify in writing 

23 to the congressional defense committees by October 1, 

24 2009, which of the procurement alternatives in subsection 

25 (b) represents the most cost-effective and expeditious 


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1 tanker replacement strategy that best responds to United 

2 States national security requirements. The certification 

3 shall be accompanied by a report to the congressional de4 fense committees detailing the rationale for such certifi5 cation. 

6 SEC. 8113. (a) Under regulations prescribed by the 

7 Secretary of Defense, the Secretary concerned shall pro8 vide any member or former member of the Armed Forces 

9 with the benefits specified in subsection (b) if the member 

10 or former member would, on any day during the period 

11 beginning on January 19, 2007, and ending on the date 

12 of the implementation of the Post-Deployment/Mobiliza13 tion Respite Absence (PDMRA) program by the Secretary 

14 concerned, have qualified for a day of administrative ab15 sence under the Post-Deployment/Mobilization Respite 

16 Absence program had the program been in effect during 

17 such period. 

18 (b) BENEFITS.—The benefits authorized under this 

19 section are the following: 

20 (1) In the case of an individual who is a former 

21 member of the Armed Forces at the time of the pro22 vision of benefits under this section, payment of an 

23 amount not to exceed $200 for each day the indi24 vidual would have qualified for a day of administraVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 tive absence as described in subsection (a) during 

2 the period specified in that subsection. 

3 (2) In the case of an individual who is a mem4 ber of the Armed Forces at the time of the provision 

5 of benefits under this section, either one day of ad6 ministrative absence or payment of an amount not 

7 to exceed $200, as selected by the Secretary con8 cerned, for each day the individual would have quali9 fied for a day of administrative absence as described 

10 in subsection (a) during the period specified in that 

11 subsection. 

12 (c) EXCLUSION OF CERTAIN FORMER MEMBERS.— 

13 A former member of the Armed Forces is not eligible 

14 under this section for the benefits specified in subsection 

15 (b)(1) if the former member was discharged or released 

16 from the Armed Forces under other than honorable condi17 tions. 

18 (d) MAXIMUM NUMBER OF DAYS OF BENEFITS.— 

19 Not more than 40 days of benefits may be provided to 

20 a member or former member of the Armed Forces under 

21 this section. 

22 (e) FORM OF PAYMENT.—The paid benefits author23 ized under this section may be paid in a lump sum or in24 stallments, at the election of the Secretary concerned. 


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1 (f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 

2 The benefits provided a member or former member of the 

3 Armed Forces under this section are in addition to any 

4 other pay, absence, or leave provided by law. 

5 (g) DEFINITIONS.—In this section: 

6 (1) The term ‘‘Post-Deployment/Mobilization 

7 Respite Absence program’’ means the program of a 

8 military department to provide days of administra9 tive absence not chargeable against available leave to 

10 certain deployed or mobilized members of the Armed 

11 Forces in order to assist such members in reinte12 grating into civilian life after deployment or mobili13 zation. 

14 (2) The term ‘‘Secretary concerned’’ has the 

15 meaning given that term in section 101(5) of title 

16 37, United States Code. 

17 (h) TERMINATION.— 

18 (1) The authority to provide benefits under this 

19 section shall expire on the date that is 1 year after 

20 the date of the enactment of this Act. 

21 (2) Expiration under this subsection of the au22 thority to provide benefits under this section shall 

23 not affect the utilization of any day of administra24 tive absence provided a member of the Armed 

25 Forces under subsection (b)(2), or the payment of 


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1 any payment authorized a member or former mem2 ber of the Armed Forces under subsection (b), be3 fore the expiration of the authority in this section. 

4 SEC. 8114. (a) RESETTLEMENT SUPPORT AND

5 OTHER PUBLIC BENEFITS FOR CERTAIN IRAQI REFU6 GEES.—Section 1244(g) of the Refugee Crisis in Iraq Act 

7 of 2007 (subtitle C of title XII of division A of Public 

8 Law 110–181; 122 Stat. 398) is amended by striking ‘‘for 

9 a period not to exceed eight months’’ and inserting ‘‘to 

10 the same extent, and for the same periods of time, as such 

11 refugees’’. 

12 (b) RESETTLEMENT SUPPORT AND OTHER PUBLIC

13 BENEFITS FOR CERTAIN AFGHAN ALLIES.—Section 

14 602(b)(8) of the Afghan Allies Protection Act of 2009 

15 (title VI of division F of Public Law 111–8; 123 Stat. 

16 809) is amended by striking ‘‘for a period not to exceed 

17 8 months’’ and inserting ‘‘to the same extent, and for the 

18 same periods of time, as such refugees’’. 

19 SEC. 8115. (a) With respect to the list of specific pro20 grams, projects and activities contained in the tables enti21 tled ‘‘Explanation of Project Level Adjustments’’ in the 

22 report of the Committee on Appropriations of the House 

23 of Representatives, those which are considered congres24 sional earmarks for purposes of rule XXI of the House 


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1 of Representatives, when awarded to a for profit entity, 

2 shall be awarded under full and open competition. 

3 (b) For profit entities previously awarded a contract 

4 with the Department of Defense which remains in effect 

5 during fiscal year 2010, to provide such programs projects 

6 or activities as described in subsection (a), shall be consid7 ered to have satisfied the conditions of full and open com8 petition, provided that any such contract was awarded 

9 under full and open competition. 

10 SEC. 8116. The amounts appropriated in title II of 

11 this Act are hereby reduced from the specified accounts 

12 in the specified amounts: 

13 ‘‘Operation and Maintenance, Navy’’, $192,000,000. 

14 ‘‘Operation and Maintenance, Marine Corps’’, 

15 $28,000,000. 

16 ‘‘Operation and Maintenance, Air Force’’, 

17 $188,000,000. 

18 ‘‘Operation and Maintenance, Defense-Wide’’, 

19 $142,000,000. 

20 SEC. 8117. In carrying out Congressionally Directed 

21 Medical Research programs related to breast cancer re22 search, the Secretary of Defense shall ensure the fol23 lowing: 

24 (1) The selection process for choosing an indi25 vidual to serve as a member of an integration panel 


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1 shall be fair and representative of the interested 

2 community so that the integration panel consists of 

3 a diverse representation of the breast cancer sur4 vivor and advocacy community. 

5 (2) An individual serving as a member of an in6 tegration panel may not be an employee, serve on 

7 the board of, or have a financial relationship with 

8 the same organization (including any organization 

9 related to such organization through common board 

10 membership, financial support, or other similar rela11 tionship) as that of another individual serving as a 

12 member of such panel. 

13 SEC. 8118. None of the funds appropriated or other14 wise made available by this Act, or that remain available 

15 for obligation for the Department of Defense from the 

16 Consolidated Security, Disaster Assistance, and Con17 tinuing Appropriations Act, 2009 (Public Law 110–329), 

18 the American Recovery and Reinvestment Act of 2009 

19 (Public Law 111–5), and the Supplemental Appropria20 tions Act, 2009 (Public Law 111–32), may be used to 

21 eliminate any personnel positions from the 194th Regional 

22 Support Wing of the United States Air National Guard 

23 as of the date of enactment of this Act. 

24 SEC. 8119. (a) None of the funds made available in 

25 this or any prior Act may be used to release an individual 


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1 who is detained, as of April 30, 2009, at Naval Station, 

2 Guantanamo Bay, Cuba, into the continental United 

3 States, Alaska, Hawaii, the District of Columbia, or any 

4 of the United States territories of Guam, American Samoa 

5 (AS), the United States Virgin Islands (USVI), the Com6 monwealth of Puerto Rico and the Commonwealth of the 

7 Northern Mariana Islands (CNMI). 

8 (b) None of the funds made available in this or any 

9 prior Act may be used to transfer an individual who is 

10 detained, as of April 30, 2009, at the Naval Station, 

11 Guantanamo Bay, Cuba, into the continental United 

12 States, Alaska, Hawaii, the District of Columbia, or any 

13 of the United States territories of Guam, American Samoa 

14 (AS), the United States Virgin Islands (USVI), the Com15 monwealth of Puerto Rico and the Commonwealth of the 

16 Northern Mariana Islands (CNMI), for the purposes of 

17 detaining or prosecuting such individual until 2 months 

18 after the plan detailed in subsection (c) is received. 

19 (c) The President shall submit to the Congress, in 

20 writing, a comprehensive plan regarding the proposed dis21 position of each individual who is detained, as of April 30, 

22 2009, at Naval Station, Guantanamo Bay, Cuba, who is 

23 not covered under subsection (d). Such plan shall include, 

24 at a minimum, each of the following for each such indi25 vidual: 


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1 (1) The findings of an analysis regarding any 

2 risk to the national security of the United States 

3 that is posed by the transfer of the individual. 

4 (2) The costs associated with not transferring 

5 the individual in question. 

6 (3) The legal rationale and associated court de7 mands for transfer. 

8 (4) A certification by the President that any 

9 risk described in paragraph (1) has been mitigated, 

10 together with a full description of the plan for such 

11 mitigation. 

12 (5) A certification by the President that the 

13 President has submitted to the Governor and legisla14 ture of the State or territory (or, in the case of the 

15 District of Columbia, to the Mayor of the District of 

16 Columbia) to which the President intends to transfer 

17 the individual a certification in writing at least 30 

18 days prior to such transfer (together with supporting 

19 documentation and justification) that the individual 

20 does not pose a security risk to the United States. 

21 (d) None of the funds made available in this or any 

22 prior Act may be used to transfer or release an individual 

23 detained at Naval Station, Guantanamo Bay, Cuba, as of 

24 April 30, 2009, to the country of such individual’s nation25 ality or last habitual residence or to the freely associated 


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1 States of the Federated States of Micronesia (FSM), the 

2 Republic of the Marshall Islands (RMI), or the Republic 

3 of Palau, or to any other country other than the United 

4 States, unless the President submits to the Congress, in 

5 writing, at least 30 days prior to such transfer or release, 

6 the following information: 

7 (1) The name of any individual to be trans8 ferred or released and the country to which such in9 dividual is to be transferred or released. 

10 (2) An assessment of any risk to the national 

11 security of the United States or its citizens, includ12 ing members of the Armed Services or the United 

13 States, that is posed by such transfer or release and 

14 the actions taken to mitigate such risk. 

15 (3) The terms of any agreement with another 

16 country for acceptance of such individual, including 

17 the amount of any financial assistance related to 

18 such agreement. 

19 SEC. 8120. None of the funds appropriated or other20 wise made available in this Act may be used for advance 

21 procurement of the F–22 aircraft: Provided, That 

22 $368,800,000 of the funds made available in title III 

23 under the heading ‘‘Aircraft Procurement, Air Force’’ may 

24 be available for the following programs in the following 

25 amounts: 


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1 (1) $64,000,000 for production line shut down 

2 activities for the F–22. 

3 (2) $138,800,000 for spare engines for F–22 

4 and C–17 aircraft. 

5 (3) $79,000,000 for LAIRCM kits for the Air 

6 National Guard. 

7 (4) $37,000,000 for advanced targeting pods. 

8 (5) $50,000,000 for advanced radar develop9 ment. 

10 SEC. 8121. The amount appropriated in title VI 

11 under the heading ‘‘Defense Health Program’’ for oper12 ation and maintenance is hereby reduced by $26,000,000 

13 and the amount appropriated under such heading for re14 search, development, test, and evaluation is hereby in15 creased by $26,000,000. 

16 SEC. 8122. None of the funds appropriated or other17 wise made available in this Act may be used to award to 

18 a contractor, or convert to performance by a contractor, 

19 the provision of utilities at the United States Military 

20 Academy at West Point. 

21 SEC. 8123. The amounts otherwise provided by this 

22 Act are revised by reducing the amount made available 

23 under title II under the heading ‘‘Operation and Mainte24 nance, Air Force’’, and increasing the amount available 


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1 under title VI under the heading ‘‘Chemical Agents and 

2 Munitions Destruction, Defense’’, by $50,000,000. 

3 SEC. 8124. None of the funds appropriated or other4 wise made available in this Act may be used by the Sec5 retary of the Army to convert government-owned ammuni6 tion production assets to the private sector. 

7 TITLE IX 

8 OVERSEAS DEPLOYMENTS AND OTHER 

9 ACTIVITIES 

10 MILITARY PERSONNEL 

11 MILITARY PERSONNEL, ARMY

12 For an additional amount for ‘‘Military Personnel, 

13 Army’’, $10,492,723,000: Provided, That the amount 

14 under this heading is designated as being for overseas de15 ployments and other activities pursuant to section 

16 423(a)(1) of S. Con. Res. 13 (111th Congress), the con17 current resolution on the budget for fiscal year 2010. 

18 MILITARY PERSONNEL, NAVY

19 For an additional amount for ‘‘Military Personnel, 

20 Navy’’, $1,622,717,000: Provided, That the amount under 

21 this heading is designated as being for overseas deploy22 ments and other activities pursuant to section 423(a)(1) 

23 of S. Con. Res. 13 (111th Congress), the concurrent reso24 lution on the budget for fiscal year 2010. 


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1 MILITARY PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Military Personnel, 

3 Marine Corps’’, $997,470,000: Provided, That the amount 

4 under this heading is designated as being for overseas de5 ployments and other activities pursuant to section 

6 423(a)(1) of S. Con. Res. 13 (111th Congress), the con7 current resolution on the budget for fiscal year 2010. 

8 MILITARY PERSONNEL, AIR FORCE

9 For an additional amount for ‘‘Military Personnel, 

10 Air Force’’, $1,855,337,000: Provided, That the amount 

11 under this heading is designated as being for overseas de12 ployments and other activities pursuant to section 

13 423(a)(1) of S. Con. Res. 13 (111th Congress), the con14 current resolution on the budget for fiscal year 2010. 

15 RESERVE PERSONNEL, ARMY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Army’’, $302,637,000: Provided, That the amount under 

18 this heading is designated as being for overseas deploy19 ments and other activities pursuant to section 423(a)(1) 

20 of S. Con. Res. 13 (111th Congress), the concurrent reso21 lution on the budget for fiscal year 2010. 

22 RESERVE PERSONNEL, NAVY

23 For an additional amount for ‘‘Reserve Personnel, 

24 Navy’’, $39,040,000: Provided, That the amount under 

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1 ments and other activities pursuant to section 423(a)(1) 

2 of S. Con. Res. 13 (111th Congress), the concurrent reso3 lution on the budget for fiscal year 2010. 

4 RESERVE PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Reserve Personnel, 

6 Marine Corps’’, $31,337,000: Provided, That the amount 

7 under this heading is designated as being for overseas de8 ployments and other activities pursuant to section 

9 423(a)(1) of S. Con. Res. 13 (111th Congress), the con10 current resolution on the budget for fiscal year 2010. 

11 RESERVE PERSONNEL, AIR FORCE

12 For an additional amount for ‘‘Reserve Personnel, 

13 Air Force’’, $24,822,000: Provided, That the amount 

14 under this heading is designated as being for overseas de15 ployments and other activities pursuant to section 

16 423(a)(1) of S. Con. Res. 13 (111th Congress), the con17 current resolution on the budget for fiscal year 2010. 

18 NATIONAL GUARD PERSONNEL, ARMY

19 For an additional amount for ‘‘National Guard Per20 sonnel, Army’’, $839,966,000: Provided, That the amount 

21 under this heading is designated as being for overseas de22 ployments and other activities pursuant to section 

23 423(a)(1) of S. Con. Res. 13 (111th Congress), the con24 current resolution on the budget for fiscal year 2010. 


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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘National Guard Per3 sonnel, Air Force’’, $18,500,000: Provided, That the 

4 amount under this heading is designated as being for over5 seas deployments and other activities pursuant to section 

6 423(a)(1) of S. Con. Res. 13 (111th Congress), the con7 current resolution on the budget for fiscal year 2010. 

8 OPERATION AND MAINTENANCE 

9 OPERATION AND MAINTENANCE, ARMY

10 For an additional amount for ‘‘Operation and Main11 tenance, Army’’, $41,836,029,000: Provided, That the 

12 amount under this heading is designated as being for over13 seas deployments and other activities pursuant to section 

14 423(a)(1) of S. Con. Res. 13 (111th Congress), the con15 current resolution on the budget for fiscal year 2010. 

16 OPERATION AND MAINTENANCE, NAVY

17 For an additional amount for ‘‘Operation and Main18 tenance, Navy’’, $4,975,665,000: Provided, That up to 

19 $241,503,000 of the amount under this heading shall be 

20 transferred to the Coast Guard ‘‘Operating Expenses’’ ac21 count: Provided further, That the amount under this head22 ing is designated as being for overseas deployments and 

23 other activities pursuant to section 423(a)(1) of S. Con. 

24 Res. 13 (111th Congress), the concurrent resolution on 

25 the budget for fiscal year 2010. 


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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For an additional amount for ‘‘Operation and Main3 tenance, Marine Corps’’, $2,961,279,000: Provided, That 

4 the amount under this heading is designated as being for 

5 overseas deployments and other activities pursuant to sec6 tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 

7 concurrent resolution on the budget for fiscal year 2010. 

8 OPERATION AND MAINTENANCE, AIR FORCE

9 For an additional amount for ‘‘Operation and Main10 tenance, Air Force’’, $7,858,895,000: Provided, That the 

11 amount under this heading is designated as being for over12 seas deployments and other activities pursuant to section 

13 423(a)(1) of S. Con. Res. 13 (111th Congress), the con14 current resolution on the budget for fiscal year 2010. 

15 OPERATION AND MAINTENANCE, DEFENSE-WIDE

16 For an additional amount for ‘‘Operation and Main17 tenance, Defense-Wide’’, $7,397,800,000, of which: 

18 (1) Not to exceed $12,500,000 for the Combat19 ant Commander Initiative Fund, to be used in sup20 port of Operation Iraqi Freedom and Operation En21 during Freedom. 

22 (2) Not to exceed $1,540,000,000, to remain 

23 available until expended, for payments to reimburse 

24 key cooperating nations for logistical, military, and 

25 other support, including access provided to United 


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1 States military operations in support of Operation 

2 Iraqi Freedom and Operation Enduring Freedom, 

3 notwithstanding any other provision of law: Pro4 vided, That such reimbursement payments may be 

5 made in such amounts as the Secretary of Defense, 

6 with the concurrence of the Secretary of State, and 

7 in consultation with the Director of the Office of 

8 Management and Budget, may determine, in his dis9 cretion, based on documentation determined by the 

10 Secretary of Defense to adequately account for the 

11 support provided, and such determination is final 

12 and conclusive upon the accounting officers of the 

13 United States, and 15 days following notification to 

14 the appropriate congressional committees: Provided 

15 further, That these funds may be used for the pur16 pose of providing specialized training and procuring 

17 supplies and specialized equipment and providing 

18 such supplies and loaning such equipment on a non19 reimbursable basis to coalition forces supporting 

20 United States military operations in Iraq and Af21 ghanistan, and 15 days following notification to the 

22 appropriate congressional committees: Provided fur23 ther, That the Secretary of Defense shall provide 

24 quarterly reports to the congressional defense com25 mittees on the use of funds provided in this paraVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 graph: Provided further, That the amount under this 

2 heading is designated as being for overseas deploy3 ments and other activities pursuant to section 

4 423(a)(1) of S. Con. Res. 13 (111th Congress), the 

5 concurrent resolution on the budget for fiscal year 

6 2010. 

7 OPERATION AND MAINTENANCE, ARMY RESERVE

8 For an additional amount for ‘‘Operation and Main9 tenance, Army Reserve’’, $163,461,000: Provided, That 

10 the amount under this heading is designated as being for 

11 overseas deployments and other activities pursuant to sec12 tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 

13 concurrent resolution on the budget for fiscal year 2010. 

14 OPERATION AND MAINTENANCE, NAVY RESERVE

15 For an additional amount for ‘‘Operation and Main16 tenance, Navy Reserve’’, $54,447,000: Provided, That the 

17 amount under this heading is designated as being for over18 seas deployments and other activities pursuant to section 

19 423(a)(1) of S. Con. Res. 13 (111th Congress), the con20 current resolution on the budget for fiscal year 2010. 

21 OPERATION AND MAINTENANCE, MARINE CORPS

22 RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Marine Corps Reserve’’, $69,333,000: Provided, 

25 That the amount under this heading is designated as 


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1 being for overseas deployments and other activities pursu2 ant to section 423(a)(1) of S. Con. Res. 13 (111th Con3 gress), the concurrent resolution on the budget for fiscal 

4 year 2010. 

5 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

6 For an additional amount for ‘‘Operation and Main7 tenance, Air Force Reserve’’, $100,740,000: Provided, 

8 That the amount under this heading is designated as 

9 being for overseas deployments and other activities pursu10 ant to section 423(a)(1) of S. Con. Res. 13 (111th Con11 gress), the concurrent resolution on the budget for fiscal 

12 year 2010. 

13 OPERATION AND MAINTENANCE, ARMY NATIONAL

14 GUARD

15 For an additional amount for ‘‘Operation and Main16 tenance, Army National Guard’’, $257,317,000: Provided, 

17 That the amount under this heading is designated as 

18 being for overseas deployments and other activities pursu19 ant to section 423(a)(1) of S. Con. Res. 13 (111th Con20 gress), the concurrent resolution on the budget for fiscal 

21 year 2010. 

22 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

23 For an additional amount for ‘‘Operation and Main24 tenance, Air National Guard’’, $231,889,000: Provided, 

25 That the amount under this heading is designated as 


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1 being for overseas deployments and other activities pursu2 ant to section 423(a)(1) of S. Con. Res. 13 (111th Con3 gress), the concurrent resolution on the budget for fiscal 

4 year 2010. 

5 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for expenses directly relat8 ing to overseas contingency operations by United States 

9 military forces, $14,636,901,000, to remain available for 

10 obligation until expended: Provided, That of the funds 

11 made available under this heading, the Secretary of De12 fense may transfer these funds only to military personnel 

13 accounts, operation and maintenance accounts, the de14 fense health program appropriation, and working capital 

15 funds accounts: Provided further, That the funds trans16 ferred shall be merged with and shall be available for the 

17 same purposes and for the same time period, as the appro18 priation to which transferred: Provided further, That upon 

19 a determination that all or part of the funds transferred 

20 from this appropriation are not necessary for the purposes 

21 provided herein, such amounts may be transferred back 

22 to this appropriation: Provided further, That the Secretary 

23 shall notify the congressional defense committees 15 days 

24 prior to such transfer: Provided further, That the transfer 

25 authority provided under this heading is in addition to any 


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1 other transfer authority available to the Department of 

2 Defense: Provided further, That the amount under this 

3 heading is designated as being for overseas deployments 

4 and other activities pursuant to section 423(a)(1) of S. 

5 Con. Res. 13 (111th Congress), the concurrent resolution 

6 on the budget for fiscal year 2010. 

7 AFGHANISTAN SECURITY FORCES FUND

8 For the ‘‘Afghanistan Security Forces Fund’’, 

9 $7,462,769,000, to remain available until September 30, 

10 2011: Provided, That such funds shall be available to the 

11 Secretary of Defense, notwithstanding any other provision 

12 of law, for the purpose of allowing the Commander, Com13 bined Security Transition Command-Afghanistan, or the 

14 Secretary’s designee, to provide assistance, with the con15 currence of the Secretary of State, to the security forces 

16 of Afghanistan, including the provision of equipment, sup17 plies, services, training, facility and infrastructure repair, 

18 renovation, and construction, and funding: Provided fur19 ther, That the authority to provide assistance under this 

20 heading is in addition to any other authority to provide 

21 assistance to foreign nations: Provided further, That con22 tributions of funds for the purposes provided herein from 

23 any person, foreign government, or international organiza24 tion may be credited to this Fund and used for such pur25 poses: Provided further, That the Secretary of Defense 


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1 shall notify the congressional defense committees in writ2 ing upon the receipt and upon the obligation of any con3 tribution, delineating the sources and amounts of the 

4 funds received and the specific use of such contributions: 

5 Provided further, That the Secretary of Defense shall, not 

6 fewer than 15 days prior to obligating from this appro7 priation account, notify the congressional defense commit8 tees in writing of the details of any such obligation: Pro9 vided further, That the amount under this heading is des10 ignated as being for overseas deployments and other ac11 tivities pursuant to section 423(a)(1) of S. Con. Res. 13 

12 (111th Congress), the concurrent resolution on the budget 

13 for fiscal year 2010. 

14 PROCUREMENT 

15 AIRCRAFT PROCUREMENT, ARMY

16 For an additional amount for ‘‘Aircraft Procurement, 

17 Army’’, $1,636,229,000, to remain available until Sep18 tember 30, 2012: Provided, That the amount under this 

19 heading is designated as being for overseas deployments 

20 and other activities pursuant to section 423(a)(1) of S. 

21 Con. Res. 13 (111th Congress), the concurrent resolution 

22 on the budget for fiscal year 2010. 

23 MISSILE PROCUREMENT, ARMY

24 For an additional amount for ‘‘Missile Procurement, 

25 Army’’, $469,470,000, to remain available until SepVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 tember 30, 2012: Provided, That the amount under this 

2 heading is designated as being for overseas deployments 

3 and other activities pursuant to section 423(a)(1) of S. 

4 Con. Res. 13 (111th Congress), the concurrent resolution 

5 on the budget for fiscal year 2010. 

6 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

7 VEHICLES, ARMY

8 For an additional amount for ‘‘Procurement of Weap9 ons and Tracked Combat Vehicles, Army’’, 

10 $1,219,466,000, to remain available until September 30, 

11 2012: Provided, That the amount under this heading is 

12 designated as being for overseas deployments and other 

13 activities pursuant to section 423(a)(1) of S. Con. Res. 

14 13 (111th Congress), the concurrent resolution on the 

15 budget for fiscal year 2010. 

16 PROCUREMENT OF AMMUNITION, ARMY

17 For an additional amount for ‘‘Procurement of Am18 munition, Army’’, $370,635,000, to remain available until 

19 September 30, 2012: Provided, That the amount under 

20 this heading is designated as being for overseas deploy21 ments and other activities pursuant to section 423(a)(1) 

22 of S. Con. Res. 13 (111th Congress), the concurrent reso23 lution on the budget for fiscal year 2010. 


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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $5,635,306,000, to remain available until Sep4 tember 30, 2012: Provided, That the amount under this 

5 heading is designated as being for overseas deployments 

6 and other activities pursuant to section 423(a)(1) of S. 

7 Con. Res. 13 (111th Congress), the concurrent resolution 

8 on the budget for fiscal year 2010. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For an additional amount for ‘‘Aircraft Procurement, 

11 Navy’’, $889,097,000, to remain available until September 

12 30, 2012: Provided, That the amount under this heading 

13 is designated as being for overseas deployments and other 

14 activities pursuant to section 423(a)(1) of S. Con. Res. 

15 13 (111th Congress), the concurrent resolution on the 

16 budget for fiscal year 2010. 

17 WEAPONS PROCUREMENT, NAVY

18 For an additional amount for ‘‘Weapons Procure19 ment, Navy’’, $73,700,000, to remain available until Sep20 tember 30, 2012: Provided, That the amount under this 

21 heading is designated as being for overseas deployments 

22 and other activities pursuant to section 423(a)(1) of S. 

23 Con. Res. 13 (111th Congress), the concurrent resolution 

24 on the budget for fiscal year 2010. 


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1 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

2 CORPS

3 For an additional amount for ‘‘Procurement of Am4 munition, Navy and Marine Corps’’, $698,780,000, to re5 main available until September 30, 2012: Provided, That 

6 the amount under this heading is designated as being for 

7 overseas deployments and other activities pursuant to sec8 tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 

9 concurrent resolution on the budget for fiscal year 2010. 

10 OTHER PROCUREMENT, NAVY

11 For an additional amount for ‘‘Other Procurement, 

12 Navy’’, $260,797,000, to remain available until September 

13 30, 2012: Provided, That the amount under this heading 

14 is designated as being for overseas deployments and other 

15 activities pursuant to section 423(a)(1) of S. Con. Res. 

16 13 (111th Congress), the concurrent resolution on the 

17 budget for fiscal year 2010. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $1,100,268,000, to remain available until Sep21 tember 30, 2012: Provided, That the amount under this 

22 heading is designated as being for overseas deployments 

23 and other activities pursuant to section 423(a)(1) of S. 

24 Con. Res. 13 (111th Congress), the concurrent resolution 

25 on the budget for fiscal year 2010. 


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1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Air Force’’, $825,718,000, to remain available until Sep4 tember 30, 2012: Provided, That the amount under this 

5 heading is designated as being for overseas deployments 

6 and other activities pursuant to section 423(a)(1) of S. 

7 Con. Res. 13 (111th Congress), the concurrent resolution 

8 on the budget for fiscal year 2010. 

9 MISSILE PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Missile Procurement, 

11 Air Force’’, $36,625,000, to remain available until Sep12 tember 30, 2012: Provided, That the amount under this 

13 heading is designated as being for overseas deployments 

14 and other activities pursuant to section 423(a)(1) of S. 

15 Con. Res. 13 (111th Congress), the concurrent resolution 

16 on the budget for fiscal year 2010. 

17 PROCUREMENT OF AMMUNITION, AIR FORCE

18 For an additional amount for ‘‘Procurement of Am19 munition, Air Force’’, $256,819,000, to remain available 

20 until September 30, 2012: Provided, That the amount 

21 under this heading is designated as being for overseas de22 ployments and other activities pursuant to section 

23 423(a)(1) of S. Con. Res. 13 (111th Congress), the con24 current resolution on the budget for fiscal year 2010. 


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1 OTHER PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Other Procurement, 

3 Air Force’’, $2,275,238,000, to remain available until 

4 September 30, 2012: Provided, That the amount under 

5 this heading is designated as being for overseas deploy6 ments and other activities pursuant to section 423(a)(1) 

7 of S. Con. Res. 13 (111th Congress), the concurrent reso8 lution on the budget for fiscal year 2010. 

9 PROCUREMENT, DEFENSE-WIDE

10 For an additional amount for ‘‘Procurement, De11 fense-Wide’’, $489,980,000, to remain available until Sep12 tember 30, 2012: Provided, That the amount under this 

13 heading is designated as being for overseas deployments 

14 and other activities pursuant to section 423(a)(1) of S. 

15 Con. Res. 13 (111th Congress), the concurrent resolution 

16 on the budget for fiscal year 2010. 

17 NATIONAL GUARD AND RESERVE EQUIPMENT

18 For procurement of items of equipment as designated 

19 by the Chief of the National Guard Bureau and the Chiefs 

20 of the reserve components of the Armed Forces, 

21 $500,000,000, to remain available for obligation until Sep22 tember 30, 2012, of which $300,000,000 shall be available 

23 only for the Army National Guard: Provided, That the 

24 Chiefs of National Guard and Reserve components shall, 

25 not later than 30 days after the enactment of this Act, 


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1 individually submit to the congressional defense commit2 tees the modernization priority assessment for their re3 spective National Guard or Reserve component: Provided 

4 further, That the amount under this heading is designated 

5 as being for overseas deployments and other activities pur6 suant to section 423(a)(1) of S. Con. Res. 13 (111th Con7 gress), the concurrent resolution on the budget for fiscal 

8 year 2010. 

9 RAPID ACQUISITION FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 There is hereby established in the Treasury of the 

12 United States the Rapid Acquisition Fund. For the Rapid 

13 Acquisition Fund, $40,000,000, to remain available until 

14 September 30, 2012: Provided, That such funds shall be 

15 available to the Secretary of Defense, with the advice of 

16 the Chairman of the Joint Chiefs of Staff, for the purpose 

17 of providing for Joint Urgent Operational Needs: Provided 

18 further, That the Secretary of Defense may transfer such 

19 funds to appropriations for operation and maintenance; 

20 procurement; and research, development, test and evalua21 tion: Provided further, That funds so transferred shall be 

22 merged with and shall be available for the same purposes 

23 and the same time period as that account to which trans24 ferred: Provided further, That upon a determination that 

25 all or part of the funds transferred from this appropriation 


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1 are not necessary for the purposes provided herein, such 

2 funds may be transferred back to this appropriation: Pro3 vided further, That the transfer authority provided herein 

4 is in addition to any other transfer authority available to 

5 the Department of Defense: Provided further, That the 

6 amount under this heading is designated as being for over7 seas deployments and other activities pursuant to section 

8 423(a)(1) of S. Con. Res. 13 (111th Congress), the con9 current resolution on the budget for fiscal year 2010. 

10 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For the Mine Resistant Ambush Protected Vehicle 

13 Fund, $3,606,000,000, to remain available until Sep14 tember 30, 2011: Provided, That such funds shall be avail15 able to the Secretary of Defense, notwithstanding any 

16 other provision of law, to procure, sustain, transport, and 

17 field Mine Resistant Ambush Protected vehicles: Provided 

18 further, That the Secretary shall transfer such funds only 

19 to appropriations for operation and maintenance; procure20 ment; research, development, test and evaluation; and de21 fense working capital funds to accomplish the purpose pro22 vided herein: Provided further, That this transfer author23 ity is in addition to any other transfer authority available 

24 to the Department of Defense: Provided further, That 

25 upon a determination that all or part of the funds transVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00137 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 ferred from this appropriation are not necessary for the 

2 purposes provided herein, such funds may be transferred 

3 back to this appropriation: Provided further, That the Sec4 retary shall, not fewer than 10 days prior to making trans5 fers from this appropriation, notify the congressional de6 fense committees in writing of the details of any such 

7 transfer: Provided further, That the amount under this 

8 heading is designated as being for overseas deployments 

9 and other activities pursuant to section 423(a)(1) of S. 

10 Con. Res. 13 (111th Congress), the concurrent resolution 

11 on the budget for fiscal year 2010. 

12 RESEARCH, DEVELOPMENT, TEST AND 

13 EVALUATION 

14 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

15 ARMY

16 For an additional amount for ‘‘Research, Develop17 ment, Test and Evaluation, Army’’, $57,962,000, to re18 main available until September 30, 2011: Provided, That 

19 the amount under this heading is designated as being for 

20 overseas deployments and other activities pursuant to sec21 tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 

22 concurrent resolution on the budget for fiscal year 2010. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Navy’’, $38,280,000, to re5 main available until September 30, 2011: Provided, That 

6 the amount under this heading is designated as being for 

7 overseas deployments and other activities pursuant to sec8 tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 

9 concurrent resolution on the budget for fiscal year 2010. 

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

11 AIR FORCE

12 For an additional amount for ‘‘Research, Develop13 ment, Test and Evaluation, Air Force’’, $29,286,000, to 

14 remain available until September 30, 2011: Provided, 

15 That the amount under this heading is designated as 

16 being for overseas deployments and other activities pursu17 ant to section 423(a)(1) of S. Con. Res. 13 (111th Con18 gress), the concurrent resolution on the budget for fiscal 

19 year 2010. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 DEFENSE-WIDE

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Defense-Wide’’, 

24 $115,826,000, to remain available until September 30, 

25 2011: Provided, That the amount under this heading is 


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1 designated as being for overseas deployments and other 

2 activities pursuant to section 423(a)(1) of S. Con. Res. 

3 13 (111th Congress), the concurrent resolution on the 

4 budget for fiscal year 2010. 

5 REVOLVING AND MANAGEMENT FUNDS 

6 DEFENSE WORKING CAPITAL FUNDS

7 For an additional amount for ‘‘Defense Working 

8 Capital Funds’’, $412,215,000: Provided, That the 

9 amount under this heading is designated as being for over10 seas deployments and other activities pursuant to section 

11 423(a)(1) of S. Con. Res. 13 (111th Congress), the con12 current resolution on the budget for fiscal year 2010. 

13 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

14 DEFENSE HEALTH PROGRAM

15 For an additional amount for ‘‘Defense Health Pro16 gram’’, $1,155,235,000, which shall be for operation and 

17 maintenance: Provided, That the amount under this head18 ing is designated as being for overseas deployments and 

19 other activities pursuant to section 423(a)(1) of S. Con. 

20 Res. 13 (111th Congress), the concurrent resolution on 

21 the budget for fiscal year 2010. 

22 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

23 (INCLUDING TRANSFER OF FUNDS)

24 For an additional amount for ‘‘Drug Interdiction and 

25 Counter-Drug Activities’’, $317,603,000, to remain availVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 able until September 30, 2011: Provided, That the amount 

2 under this heading is designated as being for overseas de3 ployments and other activities pursuant to section 

4 423(a)(1) of S. Con. Res. 13 (111th Congress), the con5 current resolution on the budget for fiscal year 2010. 

6 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Joint Improvised Ex9 plosive Device Defeat Fund’’, $1,490,000,000, of which 

10 $730,000,000 shall be for Attack the Network, to remain 

11 available until September 30, 2011; $600,000,000 shall be 

12 for Defeat the Device, to remain available until September 

13 30, 2012; and $160,000,000 shall be for Train the Force, 

14 to remain available until September 30, 2010: Provided, 

15 That the amount under this heading is designated as 

16 being for overseas deployments and other activities pursu17 ant to section 423(a)(1) of S. Con. Res. 13 (111th Con18 gress), the concurrent resolution on the budget for fiscal 

19 year 2010. 

20 OFFICE OF THE INSPECTOR GENERAL

21 For an additional amount for the ‘‘Office of the In22 spector General’’, $8,876,000: Provided, That the amount 

23 under this heading is designated as being for overseas de24 ployments and other activities pursuant to section 


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1 423(a)(1) of S. Con. Res. 13 (111th Congress), the con2 current resolution on the budget for fiscal year 2010. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 9001. Notwithstanding any other provision of 

5 law, funds made available in this title are in addition to 

6 amounts appropriated or otherwise made available for the 

7 Department of Defense for fiscal year 2010. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 9002. Upon the determination of the Secretary 

10 of Defense that such action is necessary in the national 

11 interest, the Secretary may, with the approval of the Of12 fice of Management and Budget, transfer up to 

13 $3,000,000,000 between the appropriations or funds made 

14 available to the Department of Defense in this title, with 

15 the exception of the ‘‘Overseas Contingency Operations 

16 Transfer Fund’’: Provided, That the Secretary shall notify 

17 the Congress promptly of each transfer made pursuant to 

18 the authority in this section: Provided further, That the 

19 authority provided in this section is in addition to any 

20 other transfer authority available to the Department of 

21 Defense and is subject to the same terms and conditions 

22 as the authority provided in the Department of Defense 

23 Appropriations Act, 2010: Provided further, That the 

24 amount in this section is designated as being for overseas 

25 deployments and other activities pursuant to section 


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1 423(a)(1) of S. Con. Res. 13 (111th Congress), the con2 current resolution on the budget for fiscal year 2010. 

3 SEC. 9003. Supervision and administration costs as4 sociated with a construction project funded with appro5 priations available for operation and maintenance or the 

6 ‘‘Afghanistan Security Forces Fund’’ provided in this Act 

7 and executed in direct support of overseas contingency op8 erations in Afghanistan or Iraq, may be obligated at the 

9 time a construction contract is awarded: Provided, That 

10 for the purpose of this section, supervision and adminis11 tration costs include all in-house Government costs. 

12 SEC. 9004. From funds made available in this title, 

13 the Secretary of Defense may purchase motor vehicles for 

14 use by military and civilian employees of the Department 

15 of Defense in Iraq and Afghanistan, up to a limit of 

16 $75,000 per vehicle, notwithstanding other limitations ap17 plicable to passenger carrying motor vehicles. 

18 SEC. 9005. Not to exceed $1,300,000,000 of the 

19 amount appropriated in this title under the heading ‘‘Op20 eration and Maintenance, Army’’ may be used, notwith21 standing any other provision of law, to fund the Com22 mander’s Emergency Response Program, for the purpose 

23 of enabling military commanders in Iraq and Afghanistan 

24 to respond to urgent humanitarian relief and reconstruc25 tion requirements within their areas of responsibility: ProVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 vided, That not later than 15 days after the end of each 

2 fiscal year quarter, the Secretary of Defense shall submit 

3 to the congressional defense committees a report regard4 ing the source of funds and the allocation and use of funds 

5 during that quarter that were made available pursuant to 

6 the authority provided in this section or under any other 

7 provision of law for the purposes described herein: Pro8 vided further, That, of the funds provided, $500,000,000 

9 shall not be available until 5 days after the Secretary of 

10 Defense has completed a thorough review of the Com11 mander’s Emergency Response Program and provided a 

12 report on his findings to the congressional defense com13 mittees. 

14 SEC. 9006. Funds available to the Department of De15 fense for operation and maintenance may be used, not16 withstanding any other provision of law, to provide sup17 plies, services, transportation, including airlift and sealift, 

18 and other logistical support to coalition forces supporting 

19 military and stability operations in Iraq and Afghanistan: 

20 Provided, That the Secretary of Defense shall provide 

21 quarterly reports to the congressional defense committees 

22 regarding support provided under this section. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 9007. During fiscal year 2010 and from funds 

25 in the ‘‘Defense Cooperation Account’’, as established by 


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1 10 U.S.C. 2608, the Secretary of Defense may transfer 

2 not to exceed $6,500,000 to such appropriations or funds 

3 of the Department of Defense as the Secretary shall deter4 mine for use consistent with the purposes for which such 

5 funds were contributed and accepted: Provided, That such 

6 amounts shall be available for the same time period as 

7 the appropriation to which transferred: Provided further, 

8 That the Secretary shall report to the Congress all trans9 fers made pursuant to this authority: Provided further, 

10 That the amount in this section is designated as being 

11 for overseas deployments and other activities pursuant to 

12 section 423(a)(1) of S. Con. Res. 13 (111th Congress), 

13 the concurrent resolution on the budget for fiscal year 

14 2010. 

15 SEC. 9008. None of the funds appropriated or other16 wise made available by this or any other Act shall be obli17 gated or expended by the United States Government for 

18 a purpose as follows: 

19 (1) To establish any military installation or 

20 base for the purpose of providing for the permanent 

21 stationing of United States Armed Forces in Iraq. 

22 (2) To exercise United States control over any 

23 oil resource of Iraq. 

24 (3) To establish any military installation or 

25 base for the purpose of providing for the permanent 


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1 stationing of United States Armed Forces in Af2 ghanistan. 

3 SEC. 9009. None of the funds made available in this 

4 Act may be used in contravention of the following laws 

5 enacted or regulations promulgated to implement the 

6 United Nations Convention Against Torture and Other 

7 Cruel, Inhuman or Degrading Treatment or Punishment 

8 (done at New York on December 10, 1984): 

9 (1) Section 2340A of title 18, United States 

10 Code. 

11 (2) Section 2242 of the Foreign Affairs Reform 

12 and Restructuring Act of 1998 (division G of Public 

13 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

14 note) and regulations prescribed thereto, including 

15 regulations under part 208 of title 8, Code of Fed16 eral Regulations, and part 95 of title 22, Code of 

17 Federal Regulations. 

18 (3) Sections 1002 and 1003 of the Department 

19 of Defense, Emergency Supplemental Appropriations 

20 to Address Hurricanes in the Gulf of Mexico, and 

21 Pandemic Influenza Act, 2006 (Public Law 109– 

22 148). 

23 SEC. 9010. (a) REPORT ON IRAQ TROOP DRAWDOWN

24 STATUS, GOALS, AND TIMETABLE.—In recognition and 

25 support of the policy of President Barack Obama to withVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6401 E:\BILLS\H3326.PP H3326

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1 draw all United States combat brigades from Iraq by Au2 gust 31, 2010, and all United States military forces from 

3 Iraq on December 31, 2011, Congress directs the Sec4 retary of Defense (in consultation with other members of 

5 the National Security Council) to prepare a report that 

6 identifies troop drawdown status and goals and includes— 

7 (1) a detailed, month-by-month description of 

8 the transition of United States military forces and 

9 equipment out of Iraq; and 

10 (2) a detailed, month-by-month description of 

11 the transition of United States contractors out of 

12 Iraq. 

13 (b) ELEMENTS OF REPORT.—At a minimum, the 

14 Secretary of Defense shall address the following: 

15 (1) How the Government of Iraq is assuming 

16 the responsibility for reconciliation initiatives as the 

17 mission of the United States Armed Forces transi18 tions. 

19 (2) How the drawdown of military forces com20 plies with the President’s planned withdrawal of 

21 combat brigades by August 31, 2010, and all United 

22 States forces by December 31, 2011. 

23 (3) The roles and responsibilities of remaining 

24 contractors in Iraq as the United States mission 

25 evolves, including the anticipated number of United 


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1 States contractors to remain in Iraq after August 

2 31, 2010, and December 31, 2011. 

3 (c) SUBMISSION.— 

4 (1) Not later than 90 days after the date of en5 actment of this Act, and every 90 days thereafter 

6 through September 30, 2010, the Secretary of De7 fense shall submit the report required by subsection 

8 (a) and a classified annex to the report, as nec9 essary. 

10 (2) The Secretary may submit the report re11 quired by subsection (a) separately as provided in 

12 paragraph (1) or include the information required by 

13 this report when submitting reports required of the 

14 Secretary under section 9204 of the Supplemental 

15 Appropriations Act, 2008 (Public Law 110–252; 

16 122 Stat. 2410). 

17 TITLE X 

18 ADDITIONAL GENERAL PROVISIONS 

19 SEC. 1001. Not later than 60 days after the date of 

20 the enactment of this Act, the Secretary of Defense shall 

21 submit to Congress a report on the use of hyperbaric oxy22 gen therapy (in this section referred to as ‘‘HBOT’’) 

23 under the Secretary of Defense. Such report shall include 

24 the following: 


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1 (1) The number of members of the Armed 

2 Forces, veterans, and civilians being treated with 

3 HBOT. 

4 (2) The types of conditions being treated with 

5 HBOT and the respective success rates for each con6 dition. 

7 (3) The current inventory of all hyperbaric 

8 chambers being used by the Secretary of Defense 

9 (including the locations, the purposes, and the rate 

10 of use of such chambers). 

11 (4) Any plans for expanding the use of HBOT 

12 for treatment. 

13 This Act may be cited as the ‘‘Department of Defense 

14 Appropriations Act, 2010’’. 

15 That the following sums are appropriated, out of any 

16 money in the Treasury not otherwise appropriated, for the 

17 fiscal year ending September 30, 2010, for military func18 tions administered by the Department of Defense and for 

19 other purposes, namely: 

20 TITLE I 

21 MILITARY PERSONNEL 

22 MILITARY PERSONNEL, ARMY

23 For pay, allowances, individual clothing, subsistence, 

24 interest on deposits, gratuities, permanent change of station 

25 travel (including all expenses thereof for organizational 


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1 movements), and expenses of temporary duty travel between 

2 permanent duty stations, for members of the Army on active 

3 duty, (except members of reserve components provided for 

4 elsewhere), cadets, and aviation cadets; for members of the 

5 Reserve Officers’ Training Corps; and for payments pursu6 ant to section 156 of Public Law 97–377, as amended (42 

7 U.S.C. 402 note), and to the Department of Defense Mili8 tary Retirement Fund, $41,267,448,000. 

9 MILITARY PERSONNEL, NAVY

10 For pay, allowances, individual clothing, subsistence, 

11 interest on deposits, gratuities, permanent change of station 

12 travel (including all expenses thereof for organizational 

13 movements), and expenses of temporary duty travel between 

14 permanent duty stations, for members of the Navy on active 

15 duty (except members of the Reserve provided for elsewhere), 

16 midshipmen, and aviation cadets; for members of the Re17 serve Officers’ Training Corps; and for payments pursuant 

18 to section 156 of Public Law 97–377, as amended (42 

19 U.S.C. 402 note), and to the Department of Defense Mili20 tary Retirement Fund, $25,440,472,000. 

21 MILITARY PERSONNEL, MARINE CORPS

22 For pay, allowances, individual clothing, subsistence, 

23 interest on deposits, gratuities, permanent change of station 

24 travel (including all expenses thereof for organizational 

25 movements), and expenses of temporary duty travel between 


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1 permanent duty stations, for members of the Marine Corps 

2 on active duty (except members of the Reserve provided for 

3 elsewhere); and for payments pursuant to section 156 of 

4 Public Law 97–377, as amended (42 U.S.C. 402 note), and 

5 to the Department of Defense Military Retirement Fund, 

6 $12,883,790,000. 

7 MILITARY PERSONNEL, AIR FORCE

8 For pay, allowances, individual clothing, subsistence, 

9 interest on deposits, gratuities, permanent change of station 

10 travel (including all expenses thereof for organizational 

11 movements), and expenses of temporary duty travel between 

12 permanent duty stations, for members of the Air Force on 

13 active duty (except members of reserve components provided 

14 for elsewhere), cadets, and aviation cadets; for members of 

15 the Reserve Officers’ Training Corps; and for payments 

16 pursuant to section 156 of Public Law 97–377, as amended 

17 (42 U.S.C. 402 note), and to the Department of Defense 

18 Military Retirement Fund, $26,378,761,000. 

19 RESERVE PERSONNEL, ARMY

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Army Re22 serve on active duty under sections 10211, 10302, and 3038 

23 of title 10, United States Code, or while serving on active 

24 duty under section 12301(d) of title 10, United States Code, 

25 in connection with performing duty specified in section 


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1 12310(a) of title 10, United States Code, or while under2 going reserve training, or while performing drills or equiva3 lent duty or other duty, and expenses authorized by section 

4 16131 of title 10, United States Code; and for payments 

5 to the Department of Defense Military Retirement Fund, 

6 $4,286,656,000. 

7 RESERVE PERSONNEL, NAVY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Navy Re10 serve on active duty under section 10211 of title 10, United 

11 States Code, or while serving on active duty under section 

12 12301(d) of title 10, United States Code, in connection with 

13 performing duty specified in section 12310(a) of title 10, 

14 United States Code, or while undergoing reserve training, 

15 or while performing drills or equivalent duty, and expenses 

16 authorized by section 16131 of title 10, United States Code; 

17 and for payments to the Department of Defense Military 

18 Retirement Fund, $1,905,166,000. 

19 RESERVE PERSONNEL, MARINE CORPS

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Marine 

22 Corps Reserve on active duty under section 10211 of title 

23 10, United States Code, or while serving on active duty 

24 under section 12301(d) of title 10, United States Code, in 

25 connection with performing duty specified in section 


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1 12310(a) of title 10, United States Code, or while under2 going reserve training, or while performing drills or equiva3 lent duty, and for members of the Marine Corps platoon 

4 leaders class, and expenses authorized by section 16131 of 

5 title 10, United States Code; and for payments to the De6 partment of Defense Military Retirement Fund, 

7 $611,500,000. 

8 RESERVE PERSONNEL, AIR FORCE

9 For pay, allowances, clothing, subsistence, gratuities, 

10 travel, and related expenses for personnel of the Air Force 

11 Reserve on active duty under sections 10211, 10305, and 

12 8038 of title 10, United States Code, or while serving on 

13 active duty under section 12301(d) of title 10, United States 

14 Code, in connection with performing duty specified in sec15 tion 12310(a) of title 10, United States Code, or while un16 dergoing reserve training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 

20 Fund, $1,584,712,000. 

21 NATIONAL GUARD PERSONNEL, ARMY

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Army Na24 tional Guard while on duty under section 10211, 10302, 

25 or 12402 of title 10 or section 708 of title 32, United States 


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1 Code, or while serving on duty under section 12301(d) of 

2 title 10 or section 502(f) of title 32, United States Code, 

3 in connection with performing duty specified in section 

4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 

6 duty or other duty, and expenses authorized by section 

7 16131 of title 10, United States Code; and for payments 

8 to the Department of Defense Military Retirement Fund, 

9 $7,535,088,000. 

10 NATIONAL GUARD PERSONNEL, AIR FORCE

11 For pay, allowances, clothing, subsistence, gratuities, 

12 travel, and related expenses for personnel of the Air Na13 tional Guard on duty under section 10211, 10305, or 12402 

14 of title 10 or section 708 of title 32, United States Code, 

15 or while serving on duty under section 12301(d) of title 10 

16 or section 502(f) of title 32, United States Code, in connec17 tion with performing duty specified in section 12310(a) of 

18 title 10, United States Code, or while undergoing training, 

19 or while performing drills or equivalent duty or other duty, 

20 and expenses authorized by section 16131 of title 10, United 

21 States Code; and for payments to the Department of Defense 

22 Military Retirement Fund, $2,923,599,000. 


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1 TITLE II 

2 OPERATION AND MAINTENANCE 

3 OPERATION AND MAINTENANCE, ARMY

4 For expenses, not otherwise provided for, necessary for 

5 the operation and maintenance of the Army, as authorized 

6 by law; and not to exceed $12,478,000 can be used for emer7 gencies and extraordinary expenses, to be expended on the 

8 approval or authority of the Secretary of the Army, and 

9 payments may be made on his certificate of necessity for 

10 confidential military purposes, $30,667,886,000. 

11 OPERATION AND MAINTENANCE, NAVY

12 For expenses, not otherwise provided for, necessary for 

13 the operation and maintenance of the Navy and the Marine 

14 Corps, as authorized by law; and not to exceed $14,657,000 

15 can be used for emergencies and extraordinary expenses, to 

16 be expended on the approval or authority of the Secretary 

17 of the Navy, and payments may be made on his certificate 

18 of necessity for confidential military purposes, 

19 $34,773,497,000. 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For expenses, not otherwise provided for, necessary for 

22 the operation and maintenance of the Marine Corps, as au23 thorized by law, $5,435,923,000. 


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1 OPERATION AND MAINTENANCE, AIR FORCE

2 For expenses, not otherwise provided for, necessary for 

3 the operation and maintenance of the Air Force, as author4 ized by law; and not to exceed $7,699,000 can be used for 

5 emergencies and extraordinary expenses, to be expended on 

6 the approval or authority of the Secretary of the Air Force, 

7 and payments may be made on his certificate of necessity 

8 for confidential military purposes, $33,739,447,000. 

9 OPERATION AND MAINTENANCE, DEFENSE-WIDE

10 (INCLUDING TRANSFER OF FUNDS)

11 For expenses, not otherwise provided for, necessary for 

12 the operation and maintenance of activities and agencies 

13 of the Department of Defense (other than the military de14 partments), as authorized by law, $28,205,050,000: Pro15 vided, That not more than $50,000,000 may be used for 

16 the Combatant Commander Initiative Fund authorized 

17 under section 166a of title 10, United States Code: Provided 

18 further, That not to exceed $36,000,000 can be used for 

19 emergencies and extraordinary expenses, to be expended on 

20 the approval or authority of the Secretary of Defense, and 

21 payments may be made on his certificate of necessity for 

22 confidential military purposes: Provided further, That of 

23 the funds provided under this heading, not less than 

24 $29,732,000 shall be made available for the Procurement 

25 Technical Assistance Cooperative Agreement Program, of 


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1 which not less than $3,600,000 shall be available for centers 

2 defined in 10 U.S.C. 2411(1)(D): Provided further, That 

3 none of the funds appropriated or otherwise made available 

4 by this Act may be used to plan or implement the consolida5 tion of a budget or appropriations liaison office of the Office 

6 of the Secretary of Defense, the office of the Secretary of 

7 a military department, or the service headquarters of one 

8 of the Armed Forces into a legislative affairs or legislative 

9 liaison office: Provided further, That $6,667,000, to remain 

10 available until expended, is available only for expenses re11 lating to certain classified activities, and may be trans12 ferred as necessary by the Secretary to operation and main13 tenance appropriations or research, development, test and 

14 evaluation appropriations, to be merged with and to be 

15 available for the same time period as the appropriations 

16 to which transferred: Provided further, That any ceiling on 

17 the investment item unit cost of items that may be pur18 chased with operation and maintenance funds shall not 

19 apply to the funds described in the preceding proviso: Pro20 vided further, That the transfer authority provided under 

21 this heading is in addition to any other transfer authority 

22 provided elsewhere in this Act. 

23 OPERATION AND MAINTENANCE, ARMY RESERVE

24 For expenses, not otherwise provided for, necessary for 

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1 zation, and administration, of the Army Reserve; repair of 

2 facilities and equipment; hire of passenger motor vehicles; 

3 travel and transportation; care of the dead; recruiting; pro4 curement of services, supplies, and equipment; and commu5 nications, $2,582,624,000. 

6 OPERATION AND MAINTENANCE, NAVY RESERVE

7 For expenses, not otherwise provided for, necessary for 

8 the operation and maintenance, including training, organi9 zation, and administration, of the Navy Reserve; repair of 

10 facilities and equipment; hire of passenger motor vehicles; 

11 travel and transportation; care of the dead; recruiting; pro12 curement of services, supplies, and equipment; and commu13 nications, $1,272,501,000. 

14 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

15 For expenses, not otherwise provided for, necessary for 

16 the operation and maintenance, including training, organi17 zation, and administration, of the Marine Corps Reserve; 

18 repair of facilities and equipment; hire of passenger motor 

19 vehicles; travel and transportation; care of the dead; recruit20 ing; procurement of services, supplies, and equipment; and 

21 communications, $219,425,000. 

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For expenses, not otherwise provided for, necessary for 

24 the operation and maintenance, including training, organi25 zation, and administration, of the Air Force Reserve; repair 


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1 of facilities and equipment; hire of passenger motor vehicles; 

2 travel and transportation; care of the dead; recruiting; pro3 curement of services, supplies, and equipment; and commu4 nications, $3,085,700,000. 

5 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

6 For expenses of training, organizing, and admin7 istering the Army National Guard, including medical and 

8 hospital treatment and related expenses in non-Federal hos9 pitals; maintenance, operation, and repairs to structures 

10 and facilities; hire of passenger motor vehicles; personnel 

11 services in the National Guard Bureau; travel expenses 

12 (other than mileage), as authorized by law for Army per13 sonnel on active duty, for Army National Guard division, 

14 regimental, and battalion commanders while inspecting 

15 units in compliance with National Guard Bureau regula16 tions when specifically authorized by the Chief, National 

17 Guard Bureau; supplying and equipping the Army Na18 tional Guard as authorized by law; and expenses of repair, 

19 modification, maintenance, and issue of supplies and 

20 equipment (including aircraft), $5,989,034,000. 

21 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

22 For expenses of training, organizing, and admin23 istering the Air National Guard, including medical and 

24 hospital treatment and related expenses in non-Federal hos25 pitals; maintenance, operation, and repairs to structures 


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1 and facilities; transportation of things, hire of passenger 

2 motor vehicles; supplying and equipping the Air National 

3 Guard, as authorized by law; expenses for repair, modifica4 tion, maintenance, and issue of supplies and equipment, 

5 including those furnished from stocks under the control of 

6 agencies of the Department of Defense; travel expenses (other 

7 than mileage) on the same basis as authorized by law for 

8 Air National Guard personnel on active Federal duty, for 

9 Air National Guard commanders while inspecting units in 

10 compliance with National Guard Bureau regulations when 

11 specifically authorized by the Chief, National Guard Bu12 reau, $5,857,011,000. 

13 UNITED STATES COURT OF APPEALS FOR THE ARMED

14 FORCES

15 For salaries and expenses necessary for the United 

16 States Court of Appeals for the Armed Forces, $13,932,000, 

17 of which not to exceed $5,000 may be used for official rep18 resentation purposes. 

19 ENVIRONMENTAL RESTORATION, ARMY

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Department of the Army, $430,864,000, to re22 main available until transferred: Provided, That the Sec23 retary of the Army shall, upon determining that such funds 

24 are required for environmental restoration, reduction and 

25 recycling of hazardous waste, removal of unsafe buildings 


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1 and debris of the Department of the Army, or for similar 

2 purposes, transfer the funds made available by this appro3 priation to other appropriations made available to the De4 partment of the Army, to be merged with and to be available 

5 for the same purposes and for the same time period as the 

6 appropriations to which transferred: Provided further, That 

7 upon a determination that all or part of the funds trans8 ferred from this appropriation are not necessary for the 

9 purposes provided herein, such amounts may be transferred 

10 back to this appropriation: Provided further, That the 

11 transfer authority provided under this heading is in addi12 tion to any other transfer authority provided elsewhere in 

13 this Act. 

14 ENVIRONMENTAL RESTORATION, NAVY

15 (INCLUDING TRANSFER OF FUNDS)

16 For the Department of the Navy, $285,869,000, to re17 main available until transferred: Provided, That the Sec18 retary of the Navy shall, upon determining that such funds 

19 are required for environmental restoration, reduction and 

20 recycling of hazardous waste, removal of unsafe buildings 

21 and debris of the Department of the Navy, or for similar 

22 purposes, transfer the funds made available by this appro23 priation to other appropriations made available to the De24 partment of the Navy, to be merged with and to be available 

25 for the same purposes and for the same time period as the 


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1 appropriations to which transferred: Provided further, That 

2 upon a determination that all or part of the funds trans3 ferred from this appropriation are not necessary for the 

4 purposes provided herein, such amounts may be transferred 

5 back to this appropriation: Provided further, That the 

6 transfer authority provided under this heading is in addi7 tion to any other transfer authority provided elsewhere in 

8 this Act. 

9 ENVIRONMENTAL RESTORATION, AIR FORCE

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Air Force, $494,276,000, 

12 to remain available until transferred: Provided, That the 

13 Secretary of the Air Force shall, upon determining that 

14 such funds are required for environmental restoration, re15 duction and recycling of hazardous waste, removal of unsafe 

16 buildings and debris of the Department of the Air Force, 

17 or for similar purposes, transfer the funds made available 

18 by this appropriation to other appropriations made avail19 able to the Department of the Air Force, to be merged with 

20 and to be available for the same purposes and for the same 

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 


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1 Provided further, That the transfer authority provided 

2 under this heading is in addition to any other transfer au3 thority provided elsewhere in this Act. 

4 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of Defense, $11,100,000, to remain 

7 available until transferred: Provided, That the Secretary of 

8 Defense shall, upon determining that such funds are re9 quired for environmental restoration, reduction and recy10 cling of hazardous waste, removal of unsafe buildings and 

11 debris of the Department of Defense, or for similar purposes, 

12 transfer the funds made available by this appropriation to 

13 other appropriations made available to the Department of 

14 Defense, to be merged with and to be available for the same 

15 purposes and for the same time period as the appropria16 tions to which transferred: Provided further, That upon a 

17 determination that all or part of the funds transferred from 

18 this appropriation are not necessary for the purposes pro19 vided herein, such amounts may be transferred back to this 

20 appropriation: Provided further, That the transfer author21 ity provided under this heading is in addition to any other 

22 transfer authority provided elsewhere in this Act. 


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1 ENVIRONMENTAL RESTORATION, FORMERLY USED

2 DEFENSE SITES

3 (INCLUDING TRANSFER OF FUNDS)

4 For the Department of the Army, $307,700,000, to re5 main available until transferred: Provided, That the Sec6 retary of the Army shall, upon determining that such funds 

7 are required for environmental restoration, reduction and 

8 recycling of hazardous waste, removal of unsafe buildings 

9 and debris at sites formerly used by the Department of De10 fense, transfer the funds made available by this appropria11 tion to other appropriations made available to the Depart12 ment of the Army, to be merged with and to be available 

13 for the same purposes and for the same time period as the 

14 appropriations to which transferred: Provided further, That 

15 upon a determination that all or part of the funds trans16 ferred from this appropriation are not necessary for the 

17 purposes provided herein, such amounts may be transferred 

18 back to this appropriation: Provided further, That the 

19 transfer authority provided under this heading is in addi20 tion to any other transfer authority provided elsewhere in 

21 this Act. 

22 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

23 For expenses relating to the Overseas Humanitarian, 

24 Disaster, and Civic Aid programs of the Department of De25 fense (consisting of the programs provided under sections 


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1 401, 402, 404, 407, 2557, and 2561 of title 10, United 

2 States Code), $109,869,000, to remain available until Sep3 tember 30, 2011. 

4 COOPERATIVE THREAT REDUCTION ACCOUNT

5 For assistance to the republics of the former Soviet 

6 Union and, with appropriate authorization by the Depart7 ment of Defense and Department of State, to countries out8 side of the former Soviet Union, including assistance pro9 vided by contract or by grants, for facilitating the elimi10 nation and the safe and secure transportation and storage 

11 of nuclear, chemical and other weapons; for establishing 

12 programs to prevent the proliferation of weapons, weapons 

13 components, and weapon-related technology and expertise; 

14 for programs relating to the training and support of defense 

15 and military personnel for demilitarization and protection 

16 of weapons, weapons components and weapons technology 

17 and expertise, and for defense and military contacts, 

18 $424,093,000, to remain available until September 30, 

19 2012: Provided, That of the amounts provided under this 

20 heading, not less than $15,000,000 shall be available only 

21 to support the dismantling and disposal of nuclear sub22 marines, submarine reactor components, and security en23 hancements for transport and storage of nuclear warheads 

24 in the Russian Far East and North. 


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1 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

2 DEVELOPMENT FUND

3 For the Department of Defense Acquisition Workforce 

4 Development Fund, $100,000,000. 

5 TITLE III 

6 PROCUREMENT 

7 AIRCRAFT PROCUREMENT, ARMY

8 For construction, procurement, production, modifica9 tion, and modernization of aircraft, equipment, including 

10 ordnance, ground handling equipment, spare parts, and ac11 cessories therefor; specialized equipment and training de12 vices; expansion of public and private plants, including the 

13 land necessary therefor, for the foregoing purposes, and such 

14 lands and interests therein, may be acquired, and construc15 tion prosecuted thereon prior to approval of title; and pro16 curement and installation of equipment, appliances, and 

17 machine tools in public and private plants; reserve plant 

18 and Government and contractor-owned equipment layaway; 

19 and other expenses necessary for the foregoing purposes, 

20 $5,244,252,000, to remain available for obligation until 

21 September 30, 2012. 

22 MISSILE PROCUREMENT, ARMY

23 For construction, procurement, production, modifica24 tion, and modernization of missiles, equipment, including 

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1 cessories therefor; specialized equipment and training de2 vices; expansion of public and private plants, including the 

3 land necessary therefor, for the foregoing purposes, and such 

4 lands and interests therein, may be acquired, and construc5 tion prosecuted thereon prior to approval of title; and pro6 curement and installation of equipment, appliances, and 

7 machine tools in public and private plants; reserve plant 

8 and Government and contractor-owned equipment layaway; 

9 and other expenses necessary for the foregoing purposes, 

10 $1,257,053,000, to remain available for obligation until 

11 September 30, 2012. 

12 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

13 VEHICLES, ARMY

14 For construction, procurement, production, and modi15 fication of weapons and tracked combat vehicles, equipment, 

16 including ordnance, spare parts, and accessories therefor; 

17 specialized equipment and training devices; expansion of 

18 public and private plants, including the land necessary 

19 therefor, for the foregoing purposes, and such lands and in20 terests therein, may be acquired, and construction pros21 ecuted thereon prior to approval of title; and procurement 

22 and installation of equipment, appliances, and machine 

23 tools in public and private plants; reserve plant and Gov24 ernment and contractor-owned equipment layaway; and 

25 other expenses necessary for the foregoing purposes, 


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1 $2,310,007,000, to remain available for obligation until 

2 September 30, 2012. 

3 PROCUREMENT OF AMMUNITION, ARMY

4 For construction, procurement, production, and modi5 fication of ammunition, and accessories therefor; specialized 

6 equipment and training devices; expansion of public and 

7 private plants, including ammunition facilities, authorized 

8 by section 2854 of title 10, United States Code, and the 

9 land necessary therefor, for the foregoing purposes, and such 

10 lands and interests therein, may be acquired, and construc11 tion prosecuted thereon prior to approval of title; and pro12 curement and installation of equipment, appliances, and 

13 machine tools in public and private plants; reserve plant 

14 and Government and contractor-owned equipment layaway; 

15 and other expenses necessary for the foregoing purposes, 

16 $2,049,995,000, to remain available for obligation until 

17 September 30, 2012. 

18 OTHER PROCUREMENT, ARMY

19 For construction, procurement, production, and modi20 fication of vehicles, including tactical, support, and non21 tracked combat vehicles; the purchase of passenger motor ve22 hicles for replacement only; and the purchase of eight vehi23 cles required for physical security of personnel, notwith24 standing price limitations applicable to passenger vehicles 

25 but not to exceed $250,000 per vehicle; communications and 


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1 electronic equipment; other support equipment; spare parts, 

2 ordnance, and accessories therefor; specialized equipment 

3 and training devices; expansion of public and private 

4 plants, including the land necessary therefor, for the fore5 going purposes, and such lands and interests therein, may 

6 be acquired, and construction prosecuted thereon prior to 

7 approval of title; and procurement and installation of 

8 equipment, appliances, and machine tools in public and 

9 private plants; reserve plant and Government and con10 tractor-owned equipment layaway; and other expenses nec11 essary for the foregoing purposes, $9,395,444,000, to remain 

12 available for obligation until September 30, 2012. 

13 AIRCRAFT PROCUREMENT, NAVY

14 For construction, procurement, production, modifica15 tion, and modernization of aircraft, equipment, including 

16 ordnance, spare parts, and accessories therefor; specialized 

17 equipment; expansion of public and private plants, includ18 ing the land necessary therefor, and such lands and inter19 ests therein, may be acquired, and construction prosecuted 

20 thereon prior to approval of title; and procurement and in21 stallation of equipment, appliances, and machine tools in 

22 public and private plants; reserve plant and Government 

23 and contractor-owned equipment layaway, 

24 $18,079,312,000, to remain available for obligation until 

25 September 30, 2012. 


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1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts, 

5 and accessories therefor; expansion of public and private 

6 plants, including the land necessary therefor, and such 

7 lands and interests therein, may be acquired, and construc8 tion prosecuted thereon prior to approval of title; and pro9 curement and installation of equipment, appliances, and 

10 machine tools in public and private plants; reserve plant 

11 and Government and contractor-owned equipment layaway, 

12 $3,446,419,000, to remain available for obligation until 

13 September 30, 2012. 

14 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and modi17 fication of ammunition, and accessories therefor; specialized 

18 equipment and training devices; expansion of public and 

19 private plants, including ammunition facilities, authorized 

20 by section 2854 of title 10, United States Code, and the 

21 land necessary therefor, for the foregoing purposes, and such 

22 lands and interests therein, may be acquired, and construc23 tion prosecuted thereon prior to approval of title; and pro24 curement and installation of equipment, appliances, and 

25 machine tools in public and private plants; reserve plant 


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1 and Government and contractor-owned equipment layaway; 

2 and other expenses necessary for the foregoing purposes, 

3 $814,015,000, to remain available for obligation until Sep4 tember 30, 2012. 

5 SHIPBUILDING AND CONVERSION, NAVY

6 For expenses necessary for the construction, acquisi7 tion, or conversion of vessels as authorized by law, includ8 ing armor and armament thereof, plant equipment, appli9 ances, and machine tools and installation thereof in public 

10 and private plants; reserve plant and Government and con11 tractor-owned equipment layaway; procurement of critical, 

12 long lead time components and designs for vessels to be con13 structed or converted in the future; and expansion of public 

14 and private plants, including land necessary therefor, and 

15 such lands and interests therein, may be acquired, and con16 struction prosecuted thereon prior to approval of title, as 

17 follows: 

18 Carrier Replacement Program, $739,269,000; 

19 Carrier Replacement Program (AP), 

20 $484,432,000; 

21 NSSN, $1,964,317,000; 

22 NSSN (AP), $1,959,725,000; 

23 CVN Refueling, $1,563,602,000; 

24 CVN Refuelings (AP), $211,820,000; 

25 DDG–1000 Program, $1,393,797,000; 


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1 DDG–51 Destroyer, $3,650,000,000; 

2 DDG–51 Destroyer (AP), $328,996,000; 

3 Littoral Combat Ship, $1,080,000,000; 

4 LPD–17, $872,392,000; 

5 LPD–17 (AP), $184,555,000; 

6 LHA–R (AP), $170,000,000; 

7 Intratheater Connector, $177,956,000; 

8 LCAC Service Life Extension Program, 

9 $63,857,000; 

10 Prior year shipbuilding costs, $144,950,000; 

11 Service Craft, $3,694,000; and 

12 For outfitting, post delivery, conversions, and 

13 first destination transportation, $391,238,000. 

14 In all: $15,384,600,000, to remain available for obliga15 tion until September 30, 2014: Provided, That additional 

16 obligations may be incurred after September 30, 2014, for 

17 engineering services, tests, evaluations, and other such budg18 eted work that must be performed in the final stage of ship 

19 construction: Provided further, That none of the funds pro20 vided under this heading for the construction or conversion 

21 of any naval vessel to be constructed in shipyards in the 

22 United States shall be expended in foreign facilities for the 

23 construction of major components of such vessel: Provided 

24 further, That none of the funds provided under this heading 


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1 shall be used for the construction of any naval vessel in 

2 foreign shipyards. 

3 OTHER PROCUREMENT, NAVY

4 For procurement, production, and modernization of 

5 support equipment and materials not otherwise provided 

6 for, Navy ordnance (except ordnance for new aircraft, new 

7 ships, and ships authorized for conversion); the purchase 

8 of passenger motor vehicles for replacement only, and the 

9 purchase of seven vehicles required for physical security of 

10 personnel, notwithstanding price limitations applicable to 

11 passenger vehicles but not to exceed $250,000 per vehicle; 

12 expansion of public and private plants, including the land 

13 necessary therefor, and such lands and interests therein, 

14 may be acquired, and construction prosecuted thereon prior 

15 to approval of title; and procurement and installation of 

16 equipment, appliances, and machine tools in public and 

17 private plants; reserve plant and Government and con18 tractor-owned equipment layaway, $5,499,413,000, to re19 main available for obligation until September 30, 2012. 

20 PROCUREMENT, MARINE CORPS

21 For expenses necessary for the procurement, manufac22 ture, and modification of missiles, armament, military 

23 equipment, spare parts, and accessories therefor; plant 

24 equipment, appliances, and machine tools, and installation 

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1 ernment and contractor-owned equipment layaway; vehicles 

2 for the Marine Corps, including the purchase of passenger 

3 motor vehicles for replacement only; and expansion of pub4 lic and private plants, including land necessary therefor, 

5 and such lands and interests therein, may be acquired, and 

6 construction prosecuted thereon prior to approval of title, 

7 $1,550,080,000, to remain available for obligation until 

8 September 30, 2012. 

9 AIRCRAFT PROCUREMENT, AIR FORCE

10 For construction, procurement, and modification of 

11 aircraft and equipment, including armor and armament, 

12 specialized ground handling equipment, and training de13 vices, spare parts, and accessories therefor; specialized 

14 equipment; expansion of public and private plants, Govern15 ment-owned equipment and installation thereof in such 

16 plants, erection of structures, and acquisition of land, for 

17 the foregoing purposes, and such lands and interests therein, 

18 may be acquired, and construction prosecuted thereon prior 

19 to approval of title; reserve plant and Government and con20 tractor-owned equipment layaway; and other expenses nec21 essary for the foregoing purposes including rents and trans22 portation of things, $13,148,720,000, to remain available 

23 for obligation until September 30, 2012. 


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1 MISSILE PROCUREMENT, AIR FORCE

2 For construction, procurement, and modification of 

3 missiles, spacecraft, rockets, and related equipment, includ4 ing spare parts and accessories therefor, ground handling 

5 equipment, and training devices; expansion of public and 

6 private plants, Government-owned equipment and installa7 tion thereof in such plants, erection of structures, and ac8 quisition of land, for the foregoing purposes, and such lands 

9 and interests therein, may be acquired, and construction 

10 prosecuted thereon prior to approval of title; reserve plant 

11 and Government and contractor-owned equipment layaway; 

12 and other expenses necessary for the foregoing purposes in13 cluding rents and transportation of things, $6,070,344,000, 

14 to remain available for obligation until September 30, 

15 2012. 

16 PROCUREMENT OF AMMUNITION, AIR FORCE

17 For construction, procurement, production, and modi18 fication of ammunition, and accessories therefor; specialized 

19 equipment and training devices; expansion of public and 

20 private plants, including ammunition facilities, authorized 

21 by section 2854 of title 10, United States Code, and the 

22 land necessary therefor, for the foregoing purposes, and such 

23 lands and interests therein, may be acquired, and construc24 tion prosecuted thereon prior to approval of title; and pro25 curement and installation of equipment, appliances, and 


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1 machine tools in public and private plants; reserve plant 

2 and Government and contractor-owned equipment layaway; 

3 and other expenses necessary for the foregoing purposes, 

4 $815,246,000, to remain available for obligation until Sep5 tember 30, 2012. 

6 OTHER PROCUREMENT, AIR FORCE

7 For procurement and modification of equipment (in8 cluding ground guidance and electronic control equipment, 

9 and ground electronic and communication equipment), and 

10 supplies, materials, and spare parts therefor, not otherwise 

11 provided for; the purchase of passenger motor vehicles for 

12 replacement only, and the purchase of two vehicles required 

13 for physical security of personnel, notwithstanding price 

14 limitations applicable to passenger vehicles but not to ex15 ceed $250,000 per vehicle; lease of passenger motor vehicles; 

16 and expansion of public and private plants, Government17 owned equipment and installation thereof in such plants, 

18 erection of structures, and acquisition of land, for the fore19 going purposes, and such lands and interests therein, may 

20 be acquired, and construction prosecuted thereon, prior to 

21 approval of title; reserve plant and Government and con22 tractor-owned equipment layaway, $17,283,800,000, to re23 main available for obligation until September 30, 2012. 


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1 PROCUREMENT, DEFENSE-WIDE

2 For expenses of activities and agencies of the Depart3 ment of Defense (other than the military departments) nec4 essary for procurement, production, and modification of 

5 equipment, supplies, materials, and spare parts therefor, 

6 not otherwise provided for; the purchase of passenger motor 

7 vehicles for replacement only; expansion of public and pri8 vate plants, equipment, and installation thereof in such 

9 plants, erection of structures, and acquisition of land for 

10 the foregoing purposes, and such lands and interests therein, 

11 may be acquired, and construction prosecuted thereon prior 

12 to approval of title; reserve plant and Government and con13 tractor-owned equipment layaway, $4,017,697,000, to re14 main available for obligation until September 30, 2012. 

15 NATIONAL GUARD AND RESERVE EQUIPMENT

16 For procurement of aircraft, missiles, tracked combat 

17 vehicles, ammunition, other weapons, and other procure18 ment for the reserve components of the Armed Forces, 

19 $1,500,000,000, to remain available for obligation until 

20 September 30, 2012: Provided, That the Chiefs of the Re21 serve and National Guard components shall, not later than 

22 30 days after the enactment of this Act, individually submit 

23 to the congressional defense committees the modernization 

24 priority assessment for their respective Reserve or National 

25 Guard component. 


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1 DEFENSE PRODUCTION ACT PURCHASES

2 For activities by the Department of Defense pursuant 

3 to sections 108, 301, 302, and 303 of the Defense Production 

4 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 

5 $149,746,000, to remain available until expended. 

6 TITLE IV 

7 RESEARCH, DEVELOPMENT, TEST AND 

8 EVALUATION 

9 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

10 For expenses necessary for basic and applied scientific 

11 research, development, test and evaluation, including main12 tenance, rehabilitation, lease, and operation of facilities 

13 and equipment, $10,653,126,000, to remain available for 

14 obligation until September 30, 2011. 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

16 For expenses necessary for basic and applied scientific 

17 research, development, test and evaluation, including main18 tenance, rehabilitation, lease, and operation of facilities 

19 and equipment, $19,148,509,000, to remain available for 

20 obligation until September 30, 2011: Provided, That funds 

21 appropriated in this paragraph which are available for the 

22 V–22 may be used to meet unique operational requirements 

23 of the Special Operations Forces: Provided further, That 

24 funds appropriated in this paragraph shall be available for 

25 the Cobra Judy program. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

2 FORCE

3 For expenses necessary for basic and applied scientific 

4 research, development, test and evaluation, including main5 tenance, rehabilitation, lease, and operation of facilities 

6 and equipment, $28,049,015,000, to remain available for 

7 obligation until September 30, 2011. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 DEFENSE-WIDE

10 For expenses of activities and agencies of the Depart11 ment of Defense (other than the military departments), nec12 essary for basic and applied scientific research, develop13 ment, test and evaluation; advanced research projects as 

14 may be designated and determined by the Secretary of De15 fense, pursuant to law; maintenance, rehabilitation, lease, 

16 and operation of facilities and equipment, $20,408,968,000, 

17 to remain available for obligation until September 30, 

18 2011, of which $2,500,000 shall be available only for the 

19 Missile Defense Agency to construct a replacement Patriot 

20 launcher pad for the Japanese Ministry of Defense. 

21 OPERATIONAL TEST AND EVALUATION, DEFENSE

22 For expenses, not otherwise provided for, necessary for 

23 the independent activities of the Director, Operational Test 

24 and Evaluation, in the direction and supervision of oper25 ational test and evaluation, including initial operational 


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1 test and evaluation which is conducted prior to, and in sup2 port of, production decisions; joint operational testing and 

3 evaluation; and administrative expenses in connection 

4 therewith, $190,770,000, to remain available for obligation 

5 until September 30, 2011. 

6 TITLE V 

7 REVOLVING AND MANAGEMENT FUNDS 

8 DEFENSE WORKING CAPITAL FUNDS

9 For the Defense Working Capital Funds, 

10 $1,455,004,000. 

11 NATIONAL DEFENSE SEALIFT FUND

12 For National Defense Sealift Fund programs, projects, 

13 and activities, and for expenses of the National Defense Re14 serve Fleet, as established by section 11 of the Merchant 

15 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 

16 necessary expenses to maintain and preserve a U.S.-flag 

17 merchant fleet to serve the national security needs of the 

18 United States, $1,242,758,000, to remain available until ex19 pended: Provided, That none of the funds provided in this 

20 paragraph shall be used to award a new contract that pro21 vides for the acquisition of any of the following major com22 ponents unless such components are manufactured in the 

23 United States: auxiliary equipment, including pumps, for 

24 all shipboard services; propulsion system components (en25 gines, reduction gears, and propellers); shipboard cranes; 


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1 and spreaders for shipboard cranes: Provided further, That 

2 the exercise of an option in a contract awarded through the 

3 obligation of previously appropriated funds shall not be 

4 considered to be the award of a new contract: Provided fur5 ther, That the Secretary of the military department respon6 sible for such procurement may waive the restrictions in 

7 the first proviso on a case-by-case basis by certifying in 

8 writing to the Committees on Appropriations of the House 

9 of Representatives and the Senate that adequate domestic 

10 supplies are not available to meet Department of Defense 

11 requirements on a timely basis and that such an acquisition 

12 must be made in order to acquire capability for national 

13 security purposes. 

14 TITLE VI 

15 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

16 DEFENSE HEALTH PROGRAM

17 For expenses, not otherwise provided for, for medical 

18 and health care programs of the Department of Defense as 

19 authorized by law, $28,311,113,000; of which 

20 $26,990,219,000 shall be for operation and maintenance, of 

21 which not to exceed one percent shall remain available until 

22 September 30, 2011, and of which up to $15,093,539,000 

23 may be available for contracts entered into under the 

24 TRICARE program; of which $322,142,000, to remain 

25 available for obligation until September 30, 2012, shall be 


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1 for procurement; and of which $998,752,000, to remain 

2 available for obligation until September 30, 2011, shall be 

3 for research, development, test and evaluation. 

4 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

5 DEFENSE

6 For expenses, not otherwise provided for, necessary for 

7 the destruction of the United States stockpile of lethal chem8 ical agents and munitions, to include construction of facili9 ties, in accordance with the provisions of section 1412 of 

10 the Department of Defense Authorization Act, 1986 (50 

11 U.S.C. 1521), and for the destruction of other chemical war12 fare materials that are not in the chemical weapon stock13 pile, $1,539,869,000, of which $1,125,911,000 shall be for 

14 operation and maintenance, of which no less than 

15 $84,839,000, shall be for the Chemical Stockpile Emergency 

16 Preparedness Program, consisting of $34,905,000 for activi17 ties on military installations and $49,934,000, to remain 

18 available until September 30, 2011, to assist State and local 

19 governments; $12,689,000 shall be for procurement, to re20 main available until September 30, 2012, of which no less 

21 than $12,689,000 shall be for the Chemical Stockpile Emer22 gency Preparedness Program to assist State and local gov23 ernments; and $401,269,000, to remain available until Sep24 tember 30, 2011, shall be for research, development, test and 


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1 evaluation, of which $398,669,000 shall only be for the As2 sembled Chemical Weapons Alternatives (ACWA) program. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For drug interdiction and counter-drug activities of 

7 the Department of Defense, for transfer to appropriations 

8 available to the Department of Defense for military per9 sonnel of the reserve components serving under the provi10 sions of title 10 and title 32, United States Code; for oper11 ation and maintenance; for procurement; and for research, 

12 development, test and evaluation, $1,103,086,000: Provided, 

13 That the funds appropriated under this heading shall be 

14 available for obligation for the same time period and for 

15 the same purpose as the appropriation to which transferred: 

16 Provided further, That upon a determination that all or 

17 part of the funds transferred from this appropriation are 

18 not necessary for the purposes provided herein, such 

19 amounts may be transferred back to this appropriation: 

20 Provided further, That the transfer authority provided 

21 under this heading is in addition to any other transfer au22 thority contained elsewhere in this Act. 

23 OFFICE OF THE INSPECTOR GENERAL

24 For expenses and activities of the Office of the Inspec25 tor General in carrying out the provisions of the Inspector 


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1 General Act of 1978, as amended, $288,100,000, of which 

2 $287,100,000 shall be for operation and maintenance, of 

3 which not to exceed $700,000 is available for emergencies 

4 and extraordinary expenses to be expended on the approval 

5 or authority of the Inspector General, and payments may 

6 be made on the Inspector General’s certificate of necessity 

7 for confidential military purposes; and of which $1,000,000, 

8 to remain available until September 30, 2012, shall be for 

9 procurement. 

10 TITLE VII 

11 RELATED AGENCIES 

12 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

13 DISABILITY SYSTEM FUND

14 For payment to the Central Intelligence Agency Retire15 ment and Disability System Fund, to maintain the proper 

16 funding level for continuing the operation of the Central 

17 Intelligence Agency Retirement and Disability System, 

18 $290,900,000. 

19 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

20 For necessary expenses of the Intelligence Community 

21 Management Account, $750,812,000. 


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1 TITLE VIII 

2 GENERAL PROVISIONS 

3 SEC. 8001. No part of any appropriation contained 

4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 

6 SEC. 8002. During the current fiscal year, provisions 

7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 

9 shall not apply to personnel of the Department of Defense: 

10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 

12 Defense funded by this Act shall not be at a rate in excess 

13 of the percentage increase authorized by law for civilian 

14 employees of the Department of Defense whose pay is com15 puted under the provisions of section 5332 of title 5, United 

16 States Code, or at a rate in excess of the percentage increase 

17 provided by the appropriate host nation to its own employ18 ees, whichever is higher: Provided further, That this section 

19 shall not apply to Department of Defense foreign service 

20 national employees serving at United States diplomatic 

21 missions whose pay is set by the Department of State under 

22 the Foreign Service Act of 1980: Provided further, That the 

23 limitations of this provision shall not apply to foreign na24 tional employees of the Department of Defense in the Re25 public of Turkey. 


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1 SEC. 8003. No part of any appropriation contained 

2 in this Act shall remain available for obligation beyond the 

3 current fiscal year, unless expressly so provided herein. 

4 SEC. 8004. No more than 20 percent of the appropria5 tions in this Act which are limited for obligation during 

6 the current fiscal year shall be obligated during the last 2 

7 months of the fiscal year: Provided, That this section shall 

8 not apply to obligations for support of active duty training 

9 of reserve components or summer camp training of the Re10 serve Officers’ Training Corps. 

11 (TRANSFER OF FUNDS)

12 SEC. 8005. Upon determination by the Secretary of 

13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Management 

15 and Budget, transfer not to exceed $4,000,000,000 of work16 ing capital funds of the Department of Defense or funds 

17 made available in this Act to the Department of Defense 

18 for military functions (except military construction) be19 tween such appropriations or funds or any subdivision 

20 thereof, to be merged with and to be available for the same 

21 purposes, and for the same time period, as the appropria22 tion or fund to which transferred: Provided, That such au23 thority to transfer may not be used unless for higher pri24 ority items, based on unforeseen military requirements, 

25 than those for which originally appropriated and in no case 


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1 where the item for which funds are requested has been de2 nied by the Congress: Provided further, That the Secretary 

3 of Defense shall notify the Congress promptly of all transfers 

4 made pursuant to this authority or any other authority in 

5 this Act: Provided further, That no part of the funds in 

6 this Act shall be available to prepare or present a request 

7 to the Committees on Appropriations for reprogramming 

8 of funds, unless for higher priority items, based on unfore9 seen military requirements, than those for which originally 

10 appropriated and in no case where the item for which re11 programming is requested has been denied by the Congress: 

12 Provided further, That a request for multiple 

13 reprogrammings of funds using authority provided in this 

14 section must be made prior to June 30, 2010: Provided fur15 ther, That transfers among military personnel appropria16 tions shall not be taken into account for purposes of the 

17 limitation on the amount of funds that may be transferred 

18 under this section: Provided further, That no obligation of 

19 funds may be made pursuant to section 1206 of Public Law 

20 109–163 (or any successor provision) unless the Secretary 

21 of Defense has notified the congressional defense committees 

22 prior to any such obligation. 

23 SEC. 8006. (a) Not later than 60 days after enactment 

24 of this Act, the Department of Defense shall submit a report 

25 to the congressional defense committees to establish the baseVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 line for application of reprogramming and transfer au2 thorities for fiscal year 2010: Provided, That the report 

3 shall include— 

4 (1) a table for each appropriation with a sepa5 rate column to display the President’s budget request, 

6 adjustments made by Congress, adjustments due to 

7 enacted rescissions, if appropriate, and the fiscal year 

8 enacted level; 

9 (2) a delineation in the table for each appropria10 tion both by budget activity and program, project, 

11 and activity as detailed in the Budget Appendix; and 

12 (3) an identification of items of special congres13 sional interest. 

14 (b) Notwithstanding section 8005 of this Act, none of 

15 the funds provided in this Act shall be available for re16 programming or transfer until the report identified in sub17 section (a) is submitted to the congressional defense commit18 tees, unless the Secretary of Defense certifies in writing to 

19 the congressional defense committees that such reprogram20 ming or transfer is necessary as an emergency requirement. 

21 SEC. 8007. The Secretaries of the Air Force and the 

22 Army are authorized, using funds available under the head23 ings ‘‘Operation and Maintenance, Air Force’’ and ‘‘Oper24 ation and Maintenance, Army’’, to complete facility conver25 sions and phased repair projects which may include upVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 grades and additions to Alaskan range infrastructure and 

2 training areas, and improved access to these ranges. 

3 (TRANSFER OF FUNDS)

4 SEC. 8008. During the current fiscal year, cash bal5 ances in working capital funds of the Department of De6 fense established pursuant to section 2208 of title 10, United 

7 States Code, may be maintained in only such amounts as 

8 are necessary at any time for cash disbursements to be made 

9 from such funds: Provided, That transfers may be made be10 tween such funds: Provided further, That transfers may be 

11 made between working capital funds and the ‘‘Foreign Cur12 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper13 ation and Maintenance’’ appropriation accounts in such 

14 amounts as may be determined by the Secretary of Defense, 

15 with the approval of the Office of Management and Budget, 

16 except that such transfers may not be made unless the Sec17 retary of Defense has notified the Congress of the proposed 

18 transfer. Except in amounts equal to the amounts appro19 priated to working capital funds in this Act, no obligations 

20 may be made against a working capital fund to procure 

21 or increase the value of war reserve material inventory, un22 less the Secretary of Defense has notified the Congress prior 

23 to any such obligation. 

24 SEC. 8009. Funds appropriated by this Act may not 

25 be used to initiate a special access program without prior 


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1 notification 30 calendar days in advance to the congres2 sional defense committees. 

3 SEC. 8010. None of the funds provided in this Act shall 

4 be available to initiate: (1) a multiyear contract that em5 ploys economic order quantity procurement in excess of 

6 $20,000,000 in any one year of the contract or that includes 

7 an unfunded contingent liability in excess of $20,000,000; 

8 or (2) a contract for advance procurement leading to a 

9 multiyear contract that employs economic order quantity 

10 procurement in excess of $20,000,000 in any one year, un11 less the congressional defense committees have been notified 

12 at least 30 days in advance of the proposed contract award: 

13 Provided, That no part of any appropriation contained in 

14 this Act shall be available to initiate a multiyear contract 

15 for which the economic order quantity advance procurement 

16 is not funded at least to the limits of the Government’s li17 ability: Provided further, That no part of any appropria18 tion contained in this Act shall be available to initiate 

19 multiyear procurement contracts for any systems or compo20 nent thereof if the value of the multiyear contract would 

21 exceed $500,000,000 unless specifically provided in this Act: 

22 Provided further, That no multiyear procurement contract 

23 can be terminated without 10-day prior notification to the 

24 congressional defense committees: Provided further, That the 

25 execution of multiyear authority shall require the use of a 


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1 present value analysis to determine lowest cost compared 

2 to an annual procurement: Provided further, That none of 

3 the funds provided in this Act may be used for a multiyear 

4 contract executed after the date of the enactment of this Act 

5 unless in the case of any such contract— 

6 (1) the Secretary of Defense has submitted to 

7 Congress a budget request for full funding of units to 

8 be procured through the contract and, in the case of 

9 a contract for procurement of aircraft, that includes, 

10 for any aircraft unit to be procured through the con11 tract for which procurement funds are requested in 

12 that budget request for production beyond advance 

13 procurement activities in the fiscal year covered by 

14 the budget, full funding of procurement of such unit 

15 in that fiscal year; 

16 (2) cancellation provisions in the contract do not 

17 include consideration of recurring manufacturing 

18 costs of the contractor associated with the production 

19 of unfunded units to be delivered under the contract; 

20 (3) the contract provides that payments to the 

21 contractor under the contract shall not be made in 

22 advance of incurred costs on funded units; and 

23 (4) the contract does not provide for a price ad24 justment based on a failure to award a follow-on con25 tract. 


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1 SEC. 8011. Within the funds appropriated for the oper2 ation and maintenance of the Armed Forces, funds are here3 by appropriated pursuant to section 401 of title 10, United 

4 States Code, for humanitarian and civic assistance costs 

5 under chapter 20 of title 10, United States Code. Such funds 

6 may also be obligated for humanitarian and civic assist7 ance costs incidental to authorized operations and pursuant 

8 to authority granted in section 401 of chapter 20 of title 

9 10, United States Code, and these obligations shall be re10 ported as required by section 401(d) of title 10, United 

11 States Code: Provided, That funds available for operation 

12 and maintenance shall be available for providing humani13 tarian and similar assistance by using Civic Action Teams 

14 in the Trust Territories of the Pacific Islands and freely 

15 associated states of Micronesia, pursuant to the Compact 

16 of Free Association as authorized by Public Law 99–239: 

17 Provided further, That upon a determination by the Sec18 retary of the Army that such action is beneficial for grad19 uate medical education programs conducted at Army med20 ical facilities located in Hawaii, the Secretary of the Army 

21 may authorize the provision of medical services at such fa22 cilities and transportation to such facilities, on a nonreim23 bursable basis, for civilian patients from American Samoa, 

24 the Commonwealth of the Northern Mariana Islands, the 


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1 Marshall Islands, the Federated States of Micronesia, 

2 Palau, and Guam. 

3 SEC. 8012. (a) During fiscal year 2010, the civilian 

4 personnel of the Department of Defense may not be man5 aged on the basis of any end-strength, and the management 

6 of such personnel during that fiscal year shall not be subject 

7 to any constraint or limitation (known as an end-strength) 

8 on the number of such personnel who may be employed on 

9 the last day of such fiscal year. 

10 (b) The fiscal year 2011 budget request for the Depart11 ment of Defense as well as all justification material and 

12 other documentation supporting the fiscal year 2011 De13 partment of Defense budget request shall be prepared and 

14 submitted to the Congress as if subsections (a) and (b) of 

15 this provision were effective with regard to fiscal year 2011. 

16 (c) Nothing in this section shall be construed to apply 

17 to military (civilian) technicians. 

18 SEC. 8013. None of the funds made available by this 

19 Act shall be used in any way, directly or indirectly, to in20 fluence congressional action on any legislation or appro21 priation matters pending before the Congress. 

22 SEC. 8014. None of the funds appropriated by this Act 

23 shall be available for the basic pay and allowances of any 

24 member of the Army participating as a full-time student 

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1 fairs from the Department of Defense Education Benefits 

2 Fund when time spent as a full-time student is credited 

3 toward completion of a service commitment: Provided, That 

4 this section shall not apply to those members who have reen5 listed with this option prior to October 1, 1987: Provided 

6 further, That this section applies only to active components 

7 of the Army. 

8 SEC. 8015. (a) None of the funds appropriated by this 

9 Act shall be available to convert to contractor performance 

10 an activity or function of the Department of Defense that, 

11 on or after the date of the enactment of this Act, is per12 formed by more than 10 Department of Defense civilian em13 ployees unless— 

14 (1) the conversion is based on the result of a pub15 lic-private competition that includes a most efficient 

16 and cost effective organization plan developed by such 

17 activity or function; 

18 (2) the Competitive Sourcing Official determines 

19 that, over all performance periods stated in the solici20 tation of offers for performance of the activity or 

21 function, the cost of performance of the activity or 

22 function by a contractor would be less costly to the 

23 Department of Defense by an amount that equals or 

24 exceeds the lesser of— 


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1 (A) 10 percent of the most efficient organi2 zation’s personnel-related costs for performance 

3 of that activity or function by Federal employ4 ees; or 

5 (B) $10,000,000; and 

6 (3) the contractor does not receive an advantage 

7 for a proposal that would reduce costs for the Depart8 ment of Defense by— 

9 (A) not making an employer-sponsored 

10 health insurance plan available to the workers 

11 who are to be employed in the performance of 

12 that activity or function under the contract; or 

13 (B) offering to such workers an employer14 sponsored health benefits plan that requires the 

15 employer to contribute less towards the premium 

16 or subscription share than the amount that is 

17 paid by the Department of Defense for health 

18 benefits for civilian employees under chapter 89 

19 of title 5, United States Code. 

20 (b)(1) The Department of Defense, without regard to 

21 subsection (a) of this section or subsection (a), (b), or (c) 

22 of section 2461 of title 10, United States Code, and notwith23 standing any administrative regulation, requirement, or 

24 policy to the contrary shall have full authority to enter into 


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1 a contract for the performance of any commercial or indus2 trial type function of the Department of Defense that— 

3 (A) is included on the procurement list estab4 lished pursuant to section 2 of the Javits-Wagner5 O’Day Act (41 U.S.C. 47); 

6 (B) is planned to be converted to performance by 

7 a qualified nonprofit agency for the blind or by a 

8 qualified nonprofit agency for other severely handi9 capped individuals in accordance with that Act; or 

10 (C) is planned to be converted to performance by 

11 a qualified firm under at least 51 percent ownership 

12 by an Indian tribe, as defined in section 4(e) of the 

13 Indian Self-Determination and Education Assistance 

14 Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga15 nization, as defined in section 8(a)(15) of the Small 

16 Business Act (15 U.S.C. 637(a)(15)). 

17 (2) This section shall not apply to depot contracts or 

18 contracts for depot maintenance as provided in sections 

19 2469 and 2474 of title 10, United States Code. 

20 (c) The conversion of any activity or function of the 

21 Department of Defense under the authority provided by this 

22 section shall be credited toward any competitive or out23 sourcing goal, target, or measurement that may be estab24 lished by statute, regulation, or policy and is deemed to 

25 be awarded under the authority of, and in compliance with, 


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1 subsection (h) of section 2304 of title 10, United States 

2 Code, for the competition or outsourcing of commercial ac3 tivities. 

4 (TRANSFER OF FUNDS)

5 SEC. 8016. Funds appropriated in title III of this Act 

6 for the Department of Defense Pilot Mentor-Protege Pro7 gram may be transferred to any other appropriation con8 tained in this Act solely for the purpose of implementing 

9 a Mentor-Protege Program developmental assistance agree10 ment pursuant to section 831 of the National Defense Au11 thorization Act for Fiscal Year 1991 (Public Law 101–510; 

12 10 U.S.C. 2302 note), as amended, under the authority of 

13 this provision or any other transfer authority contained in 

14 this Act. 

15 SEC. 8017. None of the funds in this Act may be avail16 able for the purchase by the Department of Defense (and 

17 its departments and agencies) of welded shipboard anchor 

18 and mooring chain 4 inches in diameter and under unless 

19 the anchor and mooring chain are manufactured in the 

20 United States from components which are substantially 

21 manufactured in the United States: Provided, That for the 

22 purpose of this section manufactured will include cutting, 

23 heat treating, quality control, testing of chain and welding 

24 (including the forging and shot blasting process): Provided 

25 further, That for the purpose of this section substantially 


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1 all of the components of anchor and mooring chain shall 

2 be considered to be produced or manufactured in the United 

3 States if the aggregate cost of the components produced or 

4 manufactured in the United States exceeds the aggregate 

5 cost of the components produced or manufactured outside 

6 the United States: Provided further, That when adequate 

7 domestic supplies are not available to meet Department of 

8 Defense requirements on a timely basis, the Secretary of the 

9 service responsible for the procurement may waive this re10 striction on a case-by-case basis by certifying in writing 

11 to the Committees on Appropriations that such an acquisi12 tion must be made in order to acquire capability for na13 tional security purposes. 

14 SEC. 8018. None of the funds available to the Depart15 ment of Defense may be used to demilitarize or dispose of 

16 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

17 rifles, .30 caliber rifles, or M–1911 pistols. 

18 SEC. 8019. No more than $500,000 of the funds appro19 priated or made available in this Act shall be used during 

20 a single fiscal year for any single relocation of an organiza21 tion, unit, activity or function of the Department of Defense 

22 into or within the National Capital Region: Provided, That 

23 the Secretary of Defense may waive this restriction on a 

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1 sional defense committees that such a relocation is required 

2 in the best interest of the Government. 

3 SEC. 8020. In addition to the funds provided elsewhere 

4 in this Act, $15,000,000 is appropriated only for incentive 

5 payments authorized by section 504 of the Indian Financ6 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

7 contractor or a subcontractor at any tier that makes a sub8 contract award to any subcontractor or supplier as defined 

9 in section 1544 of title 25, United States Code, or a small 

10 business owned and controlled by an individual or individ11 uals defined under section 4221(9) of title 25, United States 

12 Code, shall be considered a contractor for the purposes of 

13 being allowed additional compensation under section 504 

14 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 

15 whenever the prime contract or subcontract amount is over 

16 $500,000 and involves the expenditure of funds appro17 priated by an Act making Appropriations for the Depart18 ment of Defense with respect to any fiscal year: Provided 

19 further, That notwithstanding section 430 of title 41, 

20 United States Code, this section shall be applicable to any 

21 Department of Defense acquisition of supplies or services, 

22 including any contract and any subcontract at any tier for 

23 acquisition of commercial items produced or manufactured, 

24 in whole or in part by any subcontractor or supplier de25 fined in section 1544 of title 25, United States Code, or 


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1 a small business owned and controlled by an individual or 

2 individuals defined under section 4221(9) of title 25, 

3 United States Code. 

4 SEC. 8021. Funds appropriated by this Act for the De5 fense Media Activity shall not be used for any national or 

6 international political or psychological activities. 

7 SEC. 8022. None of the funds appropriated by this Act 

8 shall be available to perform any cost study pursuant to 

9 the provisions of OMB Circular A–76 if the study being 

10 performed exceeds a period of 24 months after initiation 

11 of such study with respect to a single function activity or 

12 30 months after initiation of such study for a multi-func13 tion activity. 

14 SEC. 8023. During the current fiscal year, the Depart15 ment of Defense is authorized to incur obligations of not 

16 to exceed $350,000,000 for purposes specified in section 

17 2350j(c) of title 10, United States Code, in anticipation of 

18 receipt of contributions, only from the Government of Ku19 wait, under that section: Provided, That upon receipt, such 

20 contributions from the Government of Kuwait shall be cred21 ited to the appropriations or fund which incurred such obli22 gations. 

23 SEC. 8024. (a) Of the funds made available in this 

24 Act, not less than $25,756,000 shall be available for the 

25 Civil Air Patrol Corporation, of which— 


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1 (1) $22,433,000 shall be available from ‘‘Oper2 ation and Maintenance, Air Force’’ to support Civil 

3 Air Patrol Corporation operation and maintenance, 

4 readiness, counterdrug activities, and drug demand 

5 reduction activities involving youth programs; 

6 (2) $2,426,000 shall be available from ‘‘Aircraft 

7 Procurement, Air Force’’; and 

8 (3) $897,000 shall be available from ‘‘Other Pro9 curement, Air Force’’ for vehicle procurement. 

10 (b) The Secretary of the Air Force should waive reim11 bursement for any funds used by the Civil Air Patrol for 

12 counter-drug activities in support of Federal, State, and 

13 local government agencies. 

14 SEC. 8025. (a) None of the funds appropriated in this 

15 Act are available to establish a new Department of Defense 

16 (department) federally funded research and development 

17 center (FFRDC), either as a new entity, or as a separate 

18 entity administrated by an organization managing another 

19 FFRDC, or as a nonprofit membership corporation con20 sisting of a consortium of other FFRDCs and other non21 profit entities. 

22 (b) No member of a Board of Directors, Trustees, Over23 seers, Advisory Group, Special Issues Panel, Visiting Com24 mittee, or any similar entity of a defense FFRDC, and no 

25 paid consultant to any defense FFRDC, except when acting 


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1 in a technical advisory capacity, may be compensated for 

2 his or her services as a member of such entity, or as a paid 

3 consultant by more than one FFRDC in a fiscal year: Pro4 vided, That a member of any such entity referred to pre5 viously in this subsection shall be allowed travel expenses 

6 and per diem as authorized under the Federal Joint Travel 

7 Regulations, when engaged in the performance of member8 ship duties. 

9 (c) Notwithstanding any other provision of law, none 

10 of the funds available to the department from any source 

11 during fiscal year 2010 may be used by a defense FFRDC, 

12 through a fee or other payment mechanism, for construction 

13 of new buildings, for payment of cost sharing for projects 

14 funded by Government grants, for absorption of contract 

15 overruns, or for certain charitable contributions, not to in16 clude employee participation in community service and/or 

17 development. 

18 (d) Notwithstanding any other provision of law, of the 

19 funds available to the department during fiscal year 2010, 

20 not more than 5,600 staff years of technical effort (staff 

21 years) may be funded for defense FFRDCs: Provided, That 

22 of the specific amount referred to previously in this sub23 section, not more than 1,100 staff years may be funded for 

24 the defense studies and analysis FFRDCs: Provided further, 

25 That this subsection shall not apply to staff years funded 


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1 in the National Intelligence Program (NIP) and the Mili2 tary Intelligence Program (MIP). 

3 (e) The Secretary of Defense shall, with the submission 

4 of the department’s fiscal year 2011 budget request, submit 

5 a report presenting the specific amounts of staff years of 

6 technical effort to be allocated for each defense FFRDC dur7 ing that fiscal year and the associated budget estimates. 

8 (f) Notwithstanding any other provision of this Act, 

9 the total amount appropriated in this Act for FFRDCs is 

10 hereby reduced by $120,200,000. 

11 SEC. 8026. None of the funds appropriated or made 

12 available in this Act shall be used to procure carbon, alloy 

13 or armor steel plate for use in any Government-owned facil14 ity or property under the control of the Department of De15 fense which were not melted and rolled in the United States 

16 or Canada: Provided, That these procurement restrictions 

17 shall apply to any and all Federal Supply Class 9515, 

18 American Society of Testing and Materials (ASTM) or 

19 American Iron and Steel Institute (AISI) specifications of 

20 carbon, alloy or armor steel plate: Provided further, That 

21 the Secretary of the military department responsible for the 

22 procurement may waive this restriction on a case-by-case 

23 basis by certifying in writing to the Committees on Appro24 priations of the House of Representatives and the Senate 

25 that adequate domestic supplies are not available to meet 


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1 Department of Defense requirements on a timely basis and 

2 that such an acquisition must be made in order to acquire 

3 capability for national security purposes: Provided further, 

4 That these restrictions shall not apply to contracts which 

5 are in being as of the date of the enactment of this Act. 

6 SEC. 8027. For the purposes of this Act, the term ‘‘con7 gressional defense committees’’ means the Armed Services 

8 Committee of the House of Representatives, the Armed Serv9 ices Committee of the Senate, the Subcommittee on Defense 

10 of the Committee on Appropriations of the Senate, and the 

11 Subcommittee on Defense of the Committee on Appropria12 tions of the House of Representatives. 

13 SEC. 8028. During the current fiscal year, the Depart14 ment of Defense may acquire the modification, depot main15 tenance and repair of aircraft, vehicles and vessels as well 

16 as the production of components and other Defense-related 

17 articles, through competition between Department of De18 fense depot maintenance activities and private firms: Pro19 vided, That the Senior Acquisition Executive of the military 

20 department or Defense Agency concerned, with power of del21 egation, shall certify that successful bids include comparable 

22 estimates of all direct and indirect costs for both public and 

23 private bids: Provided further, That Office of Management 

24 and Budget Circular A–76 shall not apply to competitions 

25 conducted under this section. 


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1 SEC. 8029. (a)(1) If the Secretary of Defense, after con2 sultation with the United States Trade Representative, de3 termines that a foreign country which is party to an agree4 ment described in paragraph (2) has violated the terms of 

5 the agreement by discriminating against certain types of 

6 products produced in the United States that are covered by 

7 the agreement, the Secretary of Defense shall rescind the 

8 Secretary’s blanket waiver of the Buy American Act with 

9 respect to such types of products produced in that foreign 

10 country. 

11 (2) An agreement referred to in paragraph (1) is any 

12 reciprocal defense procurement memorandum of under13 standing, between the United States and a foreign country 

14 pursuant to which the Secretary of Defense has prospec15 tively waived the Buy American Act for certain products 

16 in that country. 

17 (b) The Secretary of Defense shall submit to the Con18 gress a report on the amount of Department of Defense pur19 chases from foreign entities in fiscal year 2010. Such report 

20 shall separately indicate the dollar value of items for which 

21 the Buy American Act was waived pursuant to any agree22 ment described in subsection (a)(2), the Trade Agreement 

23 Act of 1979 (19 U.S.C. 2501 et seq.), or any international 

24 agreement to which the United States is a party. 


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1 (c) For purposes of this section, the term ‘‘Buy Amer2 ican Act’’ means title III of the Act entitled ‘‘An Act mak3 ing appropriations for the Treasury and Post Office De4 partments for the fiscal year ending June 30, 1934, and 

5 for other purposes’’, approved March 3, 1933 (41 U.S.C. 

6 10a et seq.). 

7 SEC. 8030. During the current fiscal year, amounts 

8 contained in the Department of Defense Overseas Military 

9 Facility Investment Recovery Account established by section 

10 2921(c)(1) of the National Defense Authorization Act of 

11 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 

12 available until expended for the payments specified by sec13 tion 2921(c)(2) of that Act. 

14 SEC. 8031. (a) Notwithstanding any other provision 

15 of law, the Secretary of the Air Force may convey at no 

16 cost to the Air Force, without consideration, to Indian 

17 tribes located in the States of Nevada, Idaho, North Dakota, 

18 South Dakota, Montana, Oregon, and Minnesota relocatable 

19 military housing units located at Grand Forks Air Force 

20 Base, Malmstrom Air Force Base, Mountain Home Air 

21 Force Base, Ellsworth Air Force Base, and Minot Air Force 

22 Base that are excess to the needs of the Air Force. 

23 (b) The Secretary of the Air Force shall convey, at no 

24 cost to the Air Force, military housing units under sub25 section (a) in accordance with the request for such units 


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1 that are submitted to the Secretary by the Operation Walk2 ing Shield Program on behalf of Indian tribes located in 

3 the States of Nevada, Idaho, North Dakota, South Dakota, 

4 Montana, Oregon, and Minnesota. 

5 (c) The Operation Walking Shield Program shall re6 solve any conflicts among requests of Indian tribes for hous7 ing units under subsection (a) before submitting requests 

8 to the Secretary of the Air Force under subsection (b). 

9 (d) In this section, the term ‘‘Indian tribe’’ means any 

10 recognized Indian tribe included on the current list pub11 lished by the Secretary of the Interior under section 104 

12 of the Federally Recognized Indian Tribe Act of 1994 (Pub13 lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 

14 SEC. 8032. During the current fiscal year, appropria15 tions which are available to the Department of Defense for 

16 operation and maintenance may be used to purchase items 

17 having an investment item unit cost of not more than 

18 $250,000. 

19 SEC. 8033. (a) During the current fiscal year, none 

20 of the appropriations or funds available to the Department 

21 of Defense Working Capital Funds shall be used for the pur22 chase of an investment item for the purpose of acquiring 

23 a new inventory item for sale or anticipated sale during 

24 the current fiscal year or a subsequent fiscal year to cus25 tomers of the Department of Defense Working Capital 


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1 Funds if such an item would not have been chargeable to 

2 the Department of Defense Business Operations Fund dur3 ing fiscal year 1994 and if the purchase of such an invest4 ment item would be chargeable during the current fiscal 

5 year to appropriations made to the Department of Defense 

6 for procurement. 

7 (b) The fiscal year 2011 budget request for the Depart8 ment of Defense as well as all justification material and 

9 other documentation supporting the fiscal year 2011 De10 partment of Defense budget shall be prepared and submitted 

11 to the Congress on the basis that any equipment which was 

12 classified as an end item and funded in a procurement ap13 propriation contained in this Act shall be budgeted for in 

14 a proposed fiscal year 2011 procurement appropriation and 

15 not in the supply management business area or any other 

16 area or category of the Department of Defense Working 

17 Capital Funds. 

18 SEC. 8034. None of the funds appropriated by this Act 

19 for programs of the Central Intelligence Agency shall re20 main available for obligation beyond the current fiscal year, 

21 except for funds appropriated for the Reserve for Contin22 gencies, which shall remain available until September 30, 

23 2011: Provided, That funds appropriated, transferred, or 

24 otherwise credited to the Central Intelligence Agency Cen25 tral Services Working Capital Fund during this or any 


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1 prior or subsequent fiscal year shall remain available until 

2 expended: Provided further, That any funds appropriated 

3 or transferred to the Central Intelligence Agency for ad4 vanced research and development acquisition, for agent op5 erations, and for covert action programs authorized by the 

6 President under section 503 of the National Security Act 

7 of 1947, as amended, shall remain available until Sep8 tember 30, 2011. 

9 SEC. 8035. Notwithstanding any other provision of 

10 law, funds made available in this Act for the Defense Intel11 ligence Agency may be used for the design, development, and 

12 deployment of General Defense Intelligence Program intel13 ligence communications and intelligence information sys14 tems for the Services, the Unified and Specified Commands, 

15 and the component commands. 

16 SEC. 8036. Of the funds appropriated to the Depart17 ment of Defense under the heading ‘‘Operation and Mainte18 nance, Defense-Wide’’, not less than $12,000,000 shall be 

19 made available only for the mitigation of environmental 

20 impacts, including training and technical assistance to 

21 tribes, related administrative support, the gathering of in22 formation, documenting of environmental damage, and de23 veloping a system for prioritization of mitigation and cost 

24 to complete estimates for mitigation, on Indian lands re25 sulting from Department of Defense activities. 


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1 SEC. 8037. (a) None of the funds appropriated in this 

2 Act may be expended by an entity of the Department of 

3 Defense unless the entity, in expending the funds, complies 

4 with the Buy American Act. For purposes of this subsection, 

5 the term ‘‘Buy American Act’’ means title III of the Act 

6 entitled ‘‘An Act making appropriations for the Treasury 

7 and Post Office Departments for the fiscal year ending June 

8 30, 1934, and for other purposes’’, approved March 3, 1933 

9 (41 U.S.C. 10a et seq.). 

10 (b) If the Secretary of Defense determines that a person 

11 has been convicted of intentionally affixing a label bearing 

12 a ‘‘Made in America’’ inscription to any product sold in 

13 or shipped to the United States that is not made in Amer14 ica, the Secretary shall determine, in accordance with sec15 tion 2410f of title 10, United States Code, whether the per16 son should be debarred from contracting with the Depart17 ment of Defense. 

18 (c) In the case of any equipment or products purchased 

19 with appropriations provided under this Act, it is the sense 

20 of the Congress that any entity of the Department of De21 fense, in expending the appropriation, purchase only Amer22 ican-made equipment and products, provided that Amer23 ican-made equipment and products are cost-competitive, 

24 quality-competitive, and available in a timely fashion. 


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1 SEC. 8038. None of the funds appropriated by this Act 

2 shall be available for a contract for studies, analysis, or 

3 consulting services entered into without competition on the 

4 basis of an unsolicited proposal unless the head of the activ5 ity responsible for the procurement determines— 

6 (1) as a result of thorough technical evaluation, 

7 only one source is found fully qualified to perform the 

8 proposed work; 

9 (2) the purpose of the contract is to explore an 

10 unsolicited proposal which offers significant scientific 

11 or technological promise, represents the product of 

12 original thinking, and was submitted in confidence 

13 by one source; or 

14 (3) the purpose of the contract is to take advan15 tage of unique and significant industrial accomplish16 ment by a specific concern, or to insure that a new 

17 product or idea of a specific concern is given finan18 cial support: Provided, That this limitation shall not 

19 apply to contracts in an amount of less than $25,000, 

20 contracts related to improvements of equipment that 

21 is in development or production, or contracts as to 

22 which a civilian official of the Department of Defense, 

23 who has been confirmed by the Senate, determines 

24 that the award of such contract is in the interest of 

25 the national defense. 


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1 SEC. 8039. (a) Except as provided in subsections (b) 

2 and (c), none of the funds made available by this Act may 

3 be used— 

4 (1) to establish a field operating agency; or 

5 (2) to pay the basic pay of a member of the 

6 Armed Forces or civilian employee of the department 

7 who is transferred or reassigned from a headquarters 

8 activity if the member or employee’s place of duty re9 mains at the location of that headquarters. 

10 (b) The Secretary of Defense or Secretary of a military 

11 department may waive the limitations in subsection (a), 

12 on a case-by-case basis, if the Secretary determines, and cer13 tifies to the Committees on Appropriations of the House of 

14 Representatives and Senate that the granting of the waiver 

15 will reduce the personnel requirements or the financial re16 quirements of the department. 

17 (c) This section does not apply to— 

18 (1) field operating agencies funded within the 

19 National Intelligence Program; or 

20 (2) an Army field operating agency established 

21 to eliminate, mitigate, or counter the effects of impro22 vised explosive devices, and, as determined by the Sec23 retary of the Army, other similar threats. 


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1 (RESCISSIONS)

2 SEC. 8040. Of the funds appropriated in Department 

3 of Defense Appropriations Acts, the following funds are 

4 hereby rescinded from the following accounts and programs 

5 in the specified amounts: 

6 ‘‘Research, Development, Test and Evaluation, 

7 Air Force, 2009/2010’’, $110,230,000; 

8 ‘‘Research, Development, Test and Evaluation, 

9 Defense-Wide, 2009/2010’’, $199,750,000; 

10 ‘‘Procurement of Weapons and Tracked Combat 

11 Vehicles, Army, 2009/2011’’, $41,087,000; 

12 ‘‘Other Procurement, Army, 2009/2011’’, 

13 $138,239,000; 

14 ‘‘Aircraft Procurement, Air Force, 2009/2011’’, 

15 $628,900,000; 

16 ‘‘Missile Procurement, Air Force, 2009/2011’’, 

17 $147,595,000; 

18 ‘‘Other Procurement, Air Force, 2009/2011’’, 

19 $5,000,000; 

20 ‘‘Procurement, Defense-Wide, 2009/2011’’, 

21 $5,200,000; and 

22 ‘‘Procurement, Defense-Wide, 2008/2010’’, 

23 $2,000,000. 

24 SEC. 8041. None of the funds available in this Act may 

25 be used to reduce the authorized positions for military (ciVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 vilian) technicians of the Army National Guard, Air Na2 tional Guard, Army Reserve and Air Force Reserve for the 

3 purpose of applying any administratively imposed civilian 

4 personnel ceiling, freeze, or reduction on military (civilian) 

5 technicians, unless such reductions are a direct result of a 

6 reduction in military force structure. 

7 SEC. 8042. None of the funds appropriated or other8 wise made available in this Act may be obligated or ex9 pended for assistance to the Democratic People’s Republic 

10 of Korea unless specifically appropriated for that purpose. 

11 SEC. 8043. Funds appropriated in this Act for oper12 ation and maintenance of the Military Departments, Com13 batant Commands and Defense Agencies shall be available 

14 for reimbursement of pay, allowances and other expenses 

15 which would otherwise be incurred against appropriations 

16 for the National Guard and Reserve when members of the 

17 National Guard and Reserve provide intelligence or coun18 terintelligence support to Combatant Commands, Defense 

19 Agencies and Joint Intelligence Activities, including the ac20 tivities and programs included within the National Intel21 ligence Program and the Military Intelligence Program: 

22 Provided, That nothing in this section authorizes deviation 

23 from established Reserve and National Guard personnel and 

24 training procedures. 


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1 SEC. 8044. During the current fiscal year, none of the 

2 funds appropriated in this Act may be used to reduce the 

3 civilian medical and medical support personnel assigned to 

4 military treatment facilities below the September 30, 2003, 

5 level: Provided, That the Service Surgeons General may 

6 waive this section by certifying to the congressional defense 

7 committees that the beneficiary population is declining in 

8 some catchment areas and civilian strength reductions may 

9 be consistent with responsible resource stewardship and 

10 capitation-based budgeting. 

11 SEC. 8045. (a) None of the funds available to the De12 partment of Defense for any fiscal year for drug interdic13 tion or counter-drug activities may be transferred to any 

14 other department or agency of the United States except as 

15 specifically provided in an appropriations law. 

16 (b) None of the funds available to the Central Intel17 ligence Agency for any fiscal year for drug interdiction and 

18 counter-drug activities may be transferred to any other de19 partment or agency of the United States except as specifi20 cally provided in an appropriations law. 

21 SEC. 8046. None of the funds appropriated by this Act 

22 may be used for the procurement of ball and roller bearings 

23 other than those produced by a domestic source and of do24 mestic origin: Provided, That the Secretary of the military 

25 department responsible for such procurement may waive 


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1 this restriction on a case-by-case basis by certifying in writ2 ing to the Committees on Appropriations of the House of 

3 Representatives and the Senate, that adequate domestic 

4 supplies are not available to meet Department of Defense 

5 requirements on a timely basis and that such an acquisition 

6 must be made in order to acquire capability for national 

7 security purposes: Provided further, That this restriction 

8 shall not apply to the purchase of ‘‘commercial items’’, as 

9 defined by section 4(12) of the Office of Federal Procure10 ment Policy Act, except that the restriction shall apply to 

11 ball or roller bearings purchased as end items. 

12 SEC. 8047. None of the funds in this Act may be used 

13 to purchase any supercomputer which is not manufactured 

14 in the United States, unless the Secretary of Defense cer15 tifies to the congressional defense committees that such an 

16 acquisition must be made in order to acquire capability for 

17 national security purposes that is not available from 

18 United States manufacturers. 

19 SEC. 8048. None of the funds made available in this 

20 or any other Act may be used to pay the salary of any 

21 officer or employee of the Department of Defense who ap22 proves or implements the transfer of administrative respon23 sibilities or budgetary resources of any program, project, 

24 or activity financed by this Act to the jurisdiction of an25 other Federal agency not financed by this Act without the 


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1 express authorization of Congress: Provided, That this limi2 tation shall not apply to transfers of funds expressly pro3 vided for in Defense Appropriations Acts, or provisions of 

4 Acts providing supplemental appropriations for the De5 partment of Defense. 

6 SEC. 8049. (a) Notwithstanding any other provision 

7 of law, none of the funds available to the Department of 

8 Defense for the current fiscal year may be obligated or ex9 pended to transfer to another nation or an international 

10 organization any defense articles or services (other than in11 telligence services) for use in the activities described in sub12 section (b) unless the congressional defense committees, the 

13 Committee on Foreign Affairs of the House of Representa14 tives, and the Committee on Foreign Relations of the Senate 

15 are notified 15 days in advance of such transfer. 

16 (b) This section applies to— 

17 (1) any international peacekeeping or peace-en18 forcement operation under the authority of chapter VI 

19 or chapter VII of the United Nations Charter under 

20 the authority of a United Nations Security Council 

21 resolution; and 

22 (2) any other international peacekeeping, peace23 enforcement, or humanitarian assistance operation. 

24 (c) A notice under subsection (a) shall include the fol25 lowing— 


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1 (1) A description of the equipment, supplies, or 

2 services to be transferred. 

3 (2) A statement of the value of the equipment, 

4 supplies, or services to be transferred. 

5 (3) In the case of a proposed transfer of equip6 ment or supplies— 

7 (A) a statement of whether the inventory re8 quirements of all elements of the Armed Forces 

9 (including the reserve components) for the type 

10 of equipment or supplies to be transferred have 

11 been met; and 

12 (B) a statement of whether the items pro13 posed to be transferred will have to be replaced 

14 and, if so, how the President proposes to provide 

15 funds for such replacement. 

16 SEC. 8050. None of the funds available to the Depart17 ment of Defense under this Act shall be obligated or ex18 pended to pay a contractor under a contract with the De19 partment of Defense for costs of any amount paid by the 

20 contractor to an employee when— 

21 (1) such costs are for a bonus or otherwise in ex22 cess of the normal salary paid by the contractor to the 

23 employee; and 

24 (2) such bonus is part of restructuring costs asso25 ciated with a business combination. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8051. During the current fiscal year, no more 

3 than $30,000,000 of appropriations made in this Act under 

4 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

5 may be transferred to appropriations available for the pay 

6 of military personnel, to be merged with, and to be available 

7 for the same time period as the appropriations to which 

8 transferred, to be used in support of such personnel in con9 nection with support and services for eligible organizations 

10 and activities outside the Department of Defense pursuant 

11 to section 2012 of title 10, United States Code. 

12 SEC. 8052. (a) IN GENERAL.—Service as a member 

13 of the Alaska Territorial Guard during World War II of 

14 any individual who was honorably discharged therefrom 

15 under section 8147 of the Department of Defense Appro16 priations Act, 2001 (Public Law 106–259; 114 Stat. 705) 

17 shall be treated as active service for purposes of the com18 putation under chapter 61, 71, 371, 571, 871, or 1223 of 

19 title 10, United States Code, as applicable, of the retired 

20 pay to which such individual may be entitled under title 

21 10, United States Code. 

22 (b) APPLICABILITY.—Subsection (a) shall apply with 

23 respect to amounts of retired pay payable under title 10, 

24 United States Code, for months beginning on or after the 

25 date of the enactment of this Act. No retired pay shall be 


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1 paid to any individual by reason of subsection (a) for any 

2 period before that date. 

3 (c) WORLD WAR II DEFINED.—In this section, the 

4 term ‘‘World War II’’ has the meaning given that term in 

5 section 101(8) of title 38, United States Code. 

6 SEC. 8053. (a) Notwithstanding any other provision 

7 of law, the Chief of the National Guard Bureau may permit 

8 the use of equipment of the National Guard Distance Learn9 ing Project by any person or entity on a space-available, 

10 reimbursable basis. The Chief of the National Guard Bu11 reau shall establish the amount of reimbursement for such 

12 use on a case-by-case basis. 

13 (b) Amounts collected under subsection (a) shall be 

14 credited to funds available for the National Guard Distance 

15 Learning Project and be available to defray the costs associ16 ated with the use of equipment of the project under that 

17 subsection. Such funds shall be available for such purposes 

18 without fiscal year limitation. 

19 SEC. 8054. Using funds available by this Act or any 

20 other Act, the Secretary of the Air Force, pursuant to a 

21 determination under section 2690 of title 10, United States 

22 Code, may implement cost-effective agreements for required 

23 heating facility modernization in the Kaiserslautern Mili24 tary Community in the Federal Republic of Germany: Pro25 vided, That in the City of Kaiserslautern such agreements 


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1 will include the use of United States anthracite as the base 

2 load energy for municipal district heat to the United States 

3 Defense installations: Provided further, That at Landstuhl 

4 Army Regional Medical Center and Ramstein Air Base, 

5 furnished heat may be obtained from private, regional or 

6 municipal services, if provisions are included for the con7 sideration of United States coal as an energy source. 

8 SEC. 8055. None of the funds appropriated in title IV 

9 of this Act may be used to procure end-items for delivery 

10 to military forces for operational training, operational use 

11 or inventory requirements: Provided, That this restriction 

12 does not apply to end-items used in development, proto13 typing, and test activities preceding and leading to accept14 ance for operational use: Provided further, That this restric15 tion does not apply to programs funded within the National 

16 Intelligence Program: Provided further, That the Secretary 

17 of Defense may waive this restriction on a case-by-case basis 

18 by certifying in writing to the Committees on Appropria19 tions of the House of Representatives and the Senate that 

20 it is in the national security interest to do so. 

21 SEC. 8056. None of the funds made available in this 

22 Act may be used to approve or license the sale of the F– 

23 22A advanced tactical fighter to any foreign government: 

24 Provided, That the Department of Defense may conduct or 

25 participate in studies, research, design and other activities 


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1 to define and develop a future export version of the F–22A 

2 that protects classified and sensitive information, tech3 nologies and U.S. warfighting capabilities. 

4 SEC. 8057. (a) The Secretary of Defense may, on a 

5 case-by-case basis, waive with respect to a foreign country 

6 each limitation on the procurement of defense items from 

7 foreign sources provided in law if the Secretary determines 

8 that the application of the limitation with respect to that 

9 country would invalidate cooperative programs entered into 

10 between the Department of Defense and the foreign country, 

11 or would invalidate reciprocal trade agreements for the pro12 curement of defense items entered into under section 2531 

13 of title 10, United States Code, and the country does not 

14 discriminate against the same or similar defense items pro15 duced in the United States for that country. 

16 (b) Subsection (a) applies with respect to— 

17 (1) contracts and subcontracts entered into on or 

18 after the date of the enactment of this Act; and 

19 (2) options for the procurement of items that are 

20 exercised after such date under contracts that are en21 tered into before such date if the option prices are ad22 justed for any reason other than the application of a 

23 waiver granted under subsection (a). 

24 (c) Subsection (a) does not apply to a limitation re25 garding construction of public vessels, ball and roller bearVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 ings, food, and clothing or textile materials as defined by 

2 section 11 (chapters 50–65) of the Harmonized Tariff 

3 Schedule and products classified under headings 4010, 

4 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 

5 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

6 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

7 SEC. 8058. (a) None of the funds made available by 

8 this Act may be used to support any training program in9 volving a unit of the security forces of a foreign country 

10 if the Secretary of Defense has received credible information 

11 from the Department of State that the unit has committed 

12 a gross violation of human rights, unless all necessary cor13 rective steps have been taken. 

14 (b) The Secretary of Defense, in consultation with the 

15 Secretary of State, shall ensure that prior to a decision to 

16 conduct any training program referred to in subsection (a), 

17 full consideration is given to all credible information avail18 able to the Department of State relating to human rights 

19 violations by foreign security forces. 

20 (c) The Secretary of Defense, after consultation with 

21 the Secretary of State, may waive the prohibition in sub22 section (a) if he determines that such waiver is required 

23 by extraordinary circumstances. 

24 (d) Not more than 15 days after the exercise of any 

25 waiver under subsection (c), the Secretary of Defense shall 


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1 submit a report to the congressional defense committees de2 scribing the extraordinary circumstances, the purpose and 

3 duration of the training program, the United States forces 

4 and the foreign security forces involved in the training pro5 gram, and the information relating to human rights viola6 tions that necessitates the waiver. 

7 SEC. 8059. None of the funds appropriated or made 

8 available in this Act to the Department of the Navy shall 

9 be used to develop, lease or procure the T–AKE class of ships 

10 unless the main propulsion diesel engines and propulsors 

11 are manufactured in the United States by a domestically 

12 operated entity: Provided, That the Secretary of Defense 

13 may waive this restriction on a case-by-case basis by certi14 fying in writing to the Committees on Appropriations of 

15 the House of Representatives and the Senate that adequate 

16 domestic supplies are not available to meet Department of 

17 Defense requirements on a timely basis and that such an 

18 acquisition must be made in order to acquire capability for 

19 national security purposes or there exists a significant cost 

20 or quality difference. 

21 SEC. 8060. None of the funds appropriated or other22 wise made available by this or other Department of Defense 

23 Appropriations Acts may be obligated or expended for the 

24 purpose of performing repairs or maintenance to military 

25 family housing units of the Department of Defense, includVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 ing areas in such military family housing units that may 

2 be used for the purpose of conducting official Department 

3 of Defense business. 

4 SEC. 8061. Notwithstanding any other provision of 

5 law, funds appropriated in this Act under the heading ‘‘Re6 search, Development, Test and Evaluation, Defense-Wide’’ 

7 for any new start advanced concept technology demonstra8 tion project or joint capability demonstration project may 

9 only be obligated 30 days after a report, including a de10 scription of the project, the planned acquisition and transi11 tion strategy and its estimated annual and total cost, has 

12 been provided in writing to the congressional defense com13 mittees: Provided, That the Secretary of Defense may waive 

14 this restriction on a case-by-case basis by certifying to the 

15 congressional defense committees that it is in the national 

16 interest to do so. 

17 SEC. 8062. The Secretary of Defense shall provide a 

18 classified quarterly report beginning 30 days after enact19 ment of this Act, to the House and Senate Appropriations 

20 Committees, Subcommittees on Defense on certain matters 

21 as directed in the classified annex accompanying this Act. 

22 SEC. 8063. During the current fiscal year, none of the 

23 funds available to the Department of Defense may be used 

24 to provide support to another department or agency of the 

25 United States if such department or agency is more than 


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1 90 days in arrears in making payment to the Department 

2 of Defense for goods or services previously provided to such 

3 department or agency on a reimbursable basis: Provided, 

4 That this restriction shall not apply if the department is 

5 authorized by law to provide support to such department 

6 or agency on a nonreimbursable basis, and is providing the 

7 requested support pursuant to such authority: Provided fur8 ther, That the Secretary of Defense may waive this restric9 tion on a case-by-case basis by certifying in writing to the 

10 Committees on Appropriations of the House of Representa11 tives and the Senate that it is in the national security inter12 est to do so. 

13 SEC. 8064. Notwithstanding section 12310(b) of title 

14 10, United States Code, a Reserve who is a member of the 

15 National Guard serving on full-time National Guard duty 

16 under section 502(f) of title 32, United States Code, may 

17 perform duties in support of the ground-based elements of 

18 the National Ballistic Missile Defense System. 

19 SEC. 8065. None of the funds provided in this Act may 

20 be used to transfer to any nongovernmental entity ammuni21 tion held by the Department of Defense that has a center22 fire cartridge and a United States military nomenclature 

23 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 

24 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in25 cendiary-tracer (API–T)’’, except to an entity performing 


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1 demilitarization services for the Department of Defense 

2 under a contract that requires the entity to demonstrate to 

3 the satisfaction of the Department of Defense that armor 

4 piercing projectiles are either: (1) rendered incapable of 

5 reuse by the demilitarization process; or (2) used to manu6 facture ammunition pursuant to a contract with the De7 partment of Defense or the manufacture of ammunition for 

8 export pursuant to a License for Permanent Export of Un9 classified Military Articles issued by the Department of 

10 State. 

11 SEC. 8066. Notwithstanding any other provision of 

12 law, the Chief of the National Guard Bureau, or his des13 ignee, may waive payment of all or part of the consider14 ation that otherwise would be required under section 2667 

15 of title 10, United States Code, in the case of a lease of 

16 personal property for a period not in excess of 1 year to 

17 any organization specified in section 508(d) of title 32, 

18 United States Code, or any other youth, social, or fraternal 

19 nonprofit organization as may be approved by the Chief 

20 of the National Guard Bureau, or his designee, on a case21 by-case basis. 

22 SEC. 8067. None of the funds appropriated by this Act 

23 shall be used for the support of any nonappropriated funds 

24 activity of the Department of Defense that procures malt 

25 beverages and wine with nonappropriated funds for resale 


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1 (including such alcoholic beverages sold by the drink) on 

2 a military installation located in the United States unless 

3 such malt beverages and wine are procured within that 

4 State, or in the case of the District of Columbia, within 

5 the District of Columbia, in which the military installation 

6 is located: Provided, That in a case in which the military 

7 installation is located in more than one State, purchases 

8 may be made in any State in which the installation is lo9 cated: Provided further, That such local procurement re10 quirements for malt beverages and wine shall apply to all 

11 alcoholic beverages only for military installations in States 

12 which are not contiguous with another State: Provided fur13 ther, That alcoholic beverages other than wine and malt bev14 erages, in contiguous States and the District of Columbia 

15 shall be procured from the most competitive source, price 

16 and other factors considered. 

17 SEC. 8068. Funds available to the Department of De18 fense for the Global Positioning System during the current 

19 fiscal year may be used to fund civil requirements associ20 ated with the satellite and ground control segments of such 

21 system’s modernization program. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8069. Of the amounts appropriated in this Act 

24 under the heading ‘‘Operation and Maintenance, Army’’, 

25 $106,754,000 shall remain available until expended: ProVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 vided, That notwithstanding any other provision of law, the 

2 Secretary of Defense is authorized to transfer such funds 

3 to other activities of the Federal Government: Provided fur4 ther, That the Secretary of Defense is authorized to enter 

5 into and carry out contracts for the acquisition of real 

6 property, construction, personal services, and operations re7 lated to projects carrying out the purposes of this section: 

8 Provided further, That contracts entered into under the au9 thority of this section may provide for such indemnification 

10 as the Secretary determines to be necessary: Provided fur11 ther, That projects authorized by this section shall comply 

12 with applicable Federal, State, and local law to the max13 imum extent consistent with the national security, as deter14 mined by the Secretary of Defense. 

15 SEC. 8070. Section 8106 of the Department of Defense 

16 Appropriations Act, 1997 (titles I through VIII of the mat17 ter under subsection 101(b) of Public Law 104–208; 110 

18 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 

19 to apply to disbursements that are made by the Department 

20 of Defense in fiscal year 2010. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8071. Of the amounts appropriated in this Act 

23 under the heading ‘‘Research, Development, Test and Eval24 uation, Defense-Wide’’, $202,434,000 shall be for the Israeli 

25 Cooperative Programs: Provided, That of this amount, 


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1 $80,092,000 shall be for the Short Range Ballistic Missile 

2 Defense (SRBMD) program, $50,036,000 shall be available 

3 for an upper-tier component to the Israeli Missile Defense 

4 Architecture, and $72,306,000 shall be for the Arrow Missile 

5 Defense Program, of which $25,000,000 shall be for pro6 ducing Arrow missile components in the United States and 

7 Arrow missile components in Israel to meet Israel’s defense 

8 requirements, consistent with each nation’s laws, regula9 tions and procedures: Provided further, That funds made 

10 available under this provision for production of missiles 

11 and missile components may be transferred to appropria12 tions available for the procurement of weapons and equip13 ment, to be merged with and to be available for the same 

14 time period and the same purposes as the appropriation 

15 to which transferred: Provided further, That the transfer 

16 authority provided under this provision is in addition to 

17 any other transfer authority contained in this Act. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 8072. Of the amounts appropriated in this Act 

20 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

21 $144,950,000 shall be available until September 30, 2010, 

22 to fund prior year shipbuilding cost increases: Provided, 

23 That upon enactment of this Act, the Secretary of the Navy 

24 shall transfer such funds to the following appropriations in 

25 the amounts specified: Provided further, That the amounts 


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1 transferred shall be merged with and be available for the 

2 same purposes as the appropriations to which transferred: 

3 To: 

4 Under the heading ‘‘Shipbuilding and Con5 version, Navy, 2004/2010’’: 

6 New SSN, $26,906,000; and 

7 LPD–17 Amphibious Transport Dock 

8 Program, $16,844,000. 

9 Under the heading ‘‘Shipbuilding and Con10 version, Navy, 2005/2010’’: 

11 New SSN, $18,702,000; and 

12 LPD–17 Amphibious Transport Dock 

13 Program, $16,498,000. 

14 Under the heading ‘‘Shipbuilding and Con15 version, Navy, 2008/2012’’: 

16 LPD–17 Amphibious Transport Dock 

17 Program, $66,000,000. 

18 SEC. 8073. None of the funds available to the Depart19 ment of Defense may be obligated to modify command and 

20 control relationships to give Fleet Forces Command admin21 istrative and operational control of U.S. Navy forces as22 signed to the Pacific fleet: Provided, That the command and 

23 control relationships which existed on October 1, 2004, shall 

24 remain in force unless changes are specifically authorized 

25 in a subsequent Act. 


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1 SEC. 8074. Notwithstanding any other provision of 

2 law or regulation, the Secretary of Defense may exercise the 

3 provisions of section 7403(g) of title 38, United States Code, 

4 for occupations listed in section 7403(a)(2) of title 38, 

5 United States Code, as well as the following: 

6 Pharmacists, Audiologists, Psychologists, Social 

7 Workers, Othotists/Prosthetists, Occupational Thera8 pists, Physical Therapists, Rehabilitation Therapists, 

9 Respiratory Therapists, Speech Pathologists, Dieti10 tian/Nutritionists, Industrial Hygienists, Psychology 

11 Technicians, Social Service Assistants, Practical 

12 Nurses, Nursing Assistants, and Dental Hygienists: 

13 (A) The requirements of section 

14 7403(g)(1)(A) of title 38, United States Code, 

15 shall apply. 

16 (B) The limitations of section 7403(g)(1)(B) 

17 of title 38, United States Code, shall not apply. 

18 SEC. 8075. Funds appropriated by this Act, or made 

19 available by the transfer of funds in this Act, for intelligence 

20 activities are deemed to be specifically authorized by the 

21 Congress for purposes of section 504 of the National Secu22 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2010 

23 until the enactment of the Intelligence Authorization Act 

24 for Fiscal Year 2010. 


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1 SEC. 8076. None of the funds provided in this Act shall 

2 be available for obligation or expenditure through a re3 programming of funds that creates or initiates a new pro4 gram, project, or activity unless such program, project, or 

5 activity must be undertaken immediately in the interest of 

6 national security and only after written prior notification 

7 to the congressional defense committees. 

8 SEC. 8077. In addition to funds made available else9 where in this Act, $5,500,000 is hereby appropriated and 

10 shall remain available until expended to provide assistance, 

11 by grant or otherwise (such as the provision of funds for 

12 information technology and textbook purchases, professional 

13 development for educators, and student transition support) 

14 to public schools in states that are considered overseas as15 signments with unusually high concentrations of special 

16 needs military dependents enrolled: Provided, That up to 

17 2 percent of the total appropriated funds under this section 

18 shall be available for the administration and execution of 

19 the programs and/or events that promote the purpose of this 

20 appropriation: Provided further, That up to 5 percent of 

21 the total appropriated funds under this section shall be 

22 available to public schools that have entered into a military 

23 partnership: Provided further, That $1,000,000 shall be 

24 available for a nonprofit trust fund to assist in the public25 private funding of public school repair and maintenance 


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1 projects: Provided further, That $500,000 shall be available 

2 to fund an ongoing special education support program in 

3 public schools with unusually high concentrations of active 

4 duty military dependents enrolled: Provided further, That 

5 to the extent a Federal agency provides this assistance by 

6 contract, grant, or otherwise, it may accept and expend 

7 non-Federal funds in combination with these Federal funds 

8 to provide assistance for the authorized purpose. 

9 SEC. 8078. In addition to the amounts appropriated 

10 or otherwise made available elsewhere in this Act, 

11 $50,500,000 is hereby appropriated to the Department of 

12 Defense: Provided, That the Secretary of Defense shall make 

13 grants in the amounts specified as follows: $20,000,000 to 

14 the Edward M. Kennedy Institute for the Senate; 

15 $5,500,000 to the U.S.S. Missouri Memorial Association; 

16 and $25,000,000 to the National World War II Museum. 

17 SEC. 8079. The budget of the President for fiscal year 

18 2011 submitted to the Congress pursuant to section 1105 

19 of title 31, United States Code, shall include separate budget 

20 justification documents for costs of United States Armed 

21 Forces’ participation in contingency operations for the 

22 Military Personnel accounts, the Operation and Mainte23 nance accounts, and the Procurement accounts: Provided, 

24 That these documents shall include a description of the 

25 funding requested for each contingency operation, for each 


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1 military service, to include all Active and Reserve compo2 nents, and for each appropriations account: Provided fur3 ther, That these documents shall include estimated costs for 

4 each element of expense or object class, a reconciliation of 

5 increases and decreases for each contingency operation, and 

6 programmatic data including, but not limited to, troop 

7 strength for each Active and Reserve component, and esti8 mates of the major weapons systems deployed in support 

9 of each contingency: Provided further, That these documents 

10 shall include budget exhibits OP–5 and OP–32 (as defined 

11 in the Department of Defense Financial Management Regu12 lation) for all contingency operations for the budget year 

13 and the two preceding fiscal years. 

14 SEC. 8080. None of the funds in this Act may be used 

15 for research, development, test, evaluation, procurement or 

16 deployment of nuclear armed interceptors of a missile de17 fense system. 

18 SEC. 8081. None of the funds appropriated or made 

19 available in this Act shall be used to reduce or disestablish 

20 the operation of the 53rd Weather Reconnaissance Squad21 ron of the Air Force Reserve, if such action would reduce 

22 the WC–130 Weather Reconnaissance mission below the lev23 els funded in this Act: Provided, That the Air Force shall 

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1 form other missions in support of national defense require2 ments during the non-hurricane season. 

3 SEC. 8082. None of the funds provided in this Act shall 

4 be available for integration of foreign intelligence informa5 tion unless the information has been lawfully collected and 

6 processed during the conduct of authorized foreign intel7 ligence activities: Provided, That information pertaining to 

8 United States persons shall only be handled in accordance 

9 with protections provided in the Fourth Amendment of the 

10 United States Constitution as implemented through Execu11 tive Order No. 12333. 

12 SEC. 8083. (a) At the time members of reserve compo13 nents of the Armed Forces are called or ordered to active 

14 duty under section 12302(a) of title 10, United States Code, 

15 each member shall be notified in writing of the expected 

16 period during which the member will be mobilized. 

17 (b) The Secretary of Defense may waive the require18 ments of subsection (a) in any case in which the Secretary 

19 determines that it is necessary to do so to respond to a na20 tional security emergency or to meet dire operational re21 quirements of the Armed Forces. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 8084. The Secretary of Defense may transfer 

24 funds from any available Department of the Navy appro25 priation to any available Navy ship construction approVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00236 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 priation for the purpose of liquidating necessary changes 

2 resulting from inflation, market fluctuations, or rate adjust3 ments for any ship construction program appropriated in 

4 law: Provided, That the Secretary may transfer not to ex5 ceed $100,000,000 under the authority provided by this sec6 tion: Provided further, That the Secretary may not transfer 

7 any funds until 30 days after the proposed transfer has been 

8 reported to the Committees on Appropriations of the House 

9 of Representatives and the Senate, unless a response from 

10 the Committees is received sooner: Provided further, That 

11 the transfer authority provided by this section is in addi12 tion to any other transfer authority contained elsewhere in 

13 this Act. 

14 SEC. 8085. For purposes of section 612 of title 41, 

15 United States Code, any subdivision of appropriations 

16 made under the heading ‘‘Shipbuilding and Conversion, 

17 Navy’’ that is not closed at the time reimbursement is made 

18 shall be available to reimburse the Judgment Fund and 

19 shall be considered for the same purposes as any subdivision 

20 under the heading ‘‘Shipbuilding and Conversion, Navy’’ 

21 appropriations in the current fiscal year or any prior fiscal 

22 year. 

23 SEC. 8086. (a) None of the funds appropriated by this 

24 Act may be used to transfer research and development, acVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00237 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 quisition, or other program authority relating to current 

2 tactical unmanned aerial vehicles (TUAVs) from the Army. 

3 (b) The Army shall retain responsibility for and oper4 ational control of the MQ–1C Sky Warrior Unmanned Aer5 ial Vehicle (UAV) in order to support the Secretary of De6 fense in matters relating to the employment of unmanned 

7 aerial vehicles. 

8 SEC. 8087. Of the funds provided in this Act, 

9 $10,000,000 shall be available for the operations and devel10 opment of training and technology for the Joint Inter11 agency Training and Education Center and the affiliated 

12 Center for National Response at the Memorial Tunnel and 

13 for providing homeland defense/security and traditional 

14 warfighting training to the Department of Defense, other 

15 Federal agencies, and State and local first responder per16 sonnel at the Joint Interagency Training and Education 

17 Center. 

18 SEC. 8088. Notwithstanding any other provision of 

19 law or regulation, the Secretary of Defense may adjust wage 

20 rates for civilian employees hired for certain health care 

21 occupations as authorized for the Secretary of Veterans Af22 fairs by section 7455 of title 38, United States Code. 

23 SEC. 8089. Up to $16,000,000 of the funds appro24 priated under the heading ‘‘Operation and Maintenance, 

25 Navy’’ may be made available for the Asia Pacific Regional 


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1 Initiative Program for the purpose of enabling the Pacific 

2 Command to execute Theater Security Cooperation activi3 ties such as humanitarian assistance, and payment of in4 cremental and personnel costs of training and exercising 

5 with foreign security forces: Provided, That funds made 

6 available for this purpose may be used, notwithstanding 

7 any other funding authorities for humanitarian assistance, 

8 security assistance or combined exercise expenses: Provided 

9 further, That funds may not be obligated to provide assist10 ance to any foreign country that is otherwise prohibited 

11 from receiving such type of assistance under any other pro12 vision of law. 

13 SEC. 8090. None of the funds appropriated by this Act 

14 for programs of the Office of the Director of National Intel15 ligence shall remain available for obligation beyond the cur16 rent fiscal year, except for funds appropriated for research 

17 and technology, which shall remain available until Sep18 tember 30, 2011. 

19 SEC. 8091. Notwithstanding any other provision of 

20 this Act, to reflect savings from revised economic assump21 tions, the total amount appropriated in title II of this Act 

22 is hereby reduced by $194,000,000, the total amount appro23 priated in title III of this Act is hereby reduced by 

24 $322,000,000, the total amount appropriated in title IV of 

25 this Act is hereby reduced by $336,000,000, and the total 


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1 amount appropriated in title V of this Act is hereby reduced 

2 by $9,000,000: Provided, That the Secretary of Defense shall 

3 allocate this reduction proportionally to each budget activ4 ity, activity group, subactivity group, and each program, 

5 project, and activity, within each appropriation account. 

6 SEC. 8092. For purposes of section 1553(b) of title 31, 

7 United States Code, any subdivision of appropriations 

8 made in this Act under the heading ‘‘Shipbuilding and 

9 Conversion, Navy’’ shall be considered to be for the same 

10 purpose as any subdivision under the heading ‘‘Ship11 building and Conversion, Navy’’ appropriations in any 

12 prior fiscal year, and the 1 percent limitation shall apply 

13 to the total amount of the appropriation. 

14 SEC. 8093. Notwithstanding any other provision of 

15 law, that not more than 35 percent of funds provided in 

16 this Act for environmental remediation may be obligated 

17 under indefinite delivery/indefinite quantity contracts with 

18 a total contract value of $130,000,000 or higher. 

19 SEC. 8094. The Director of National Intelligence shall 

20 include the budget exhibits identified in paragraphs (1) and 

21 (2) as described in the Department of Defense Financial 

22 Management Regulation with the congressional budget jus23 tification books. 

24 (1) For procurement programs requesting more 

25 than $20,000,000 in any fiscal year, the P–1, ProVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00240 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 curement Program; P–5, Cost Analysis; P–5a, Pro2 curement History and Planning; P–21, Production 

3 Schedule; and P–40 Budget Item Justification. 

4 (2) For research, development, test and evalua5 tion projects requesting more than $10,000,000 in 

6 any fiscal year, the R–1, RDT&E Program; R–2, 

7 RDT&E Budget Item Justification; R–3, RDT&E 

8 Project Cost Analysis; and R–4, RDT&E Program 

9 Schedule Profile. 

10 SEC. 8095. None of the funds made available in this 

11 Act may be used in contravention of the following laws en12 acted or regulations promulgated to implement the United 

13 Nations Convention Against Torture and Other Cruel, In14 human or Degrading Treatment or Punishment (done at 

15 New York on December 10, 1984): 

16 (1) Section 2340A of title 18, United States 

17 Code. 

18 (2) Section 2242 of the Foreign Affairs Reform 

19 and Restructuring Act of 1998 (division G of Public 

20 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

21 note) and regulations prescribed thereto, including 

22 regulations under part 208 of title 8, Code of Federal 

23 Regulations, and part 95 of title 22, Code of Federal 

24 Regulations. 


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1 (3) Sections 1002 and 1003 of the Department of 

2 Defense, Emergency Supplemental Appropriations to 

3 Address Hurricanes in the Gulf of Mexico, and Pan4 demic Influenza Act, 2006 (Public Law 109–148). 

5 SEC. 8096. (a) Not later than 60 days after enactment 

6 of this Act, the Office of the Director of National Intelligence 

7 shall submit a report to the congressional intelligence com8 mittees to establish the baseline for application of re9 programming and transfer authorities for fiscal year 2010: 

10 Provided, That the report shall include— 

11 (1) a table for each appropriation with a sepa12 rate column to display the President’s budget request, 

13 adjustments made by Congress, adjustments due to 

14 enacted rescissions, if appropriate, and the fiscal year 

15 enacted level; 

16 (2) a delineation in the table for each appropria17 tion by Expenditure Center and project; and 

18 (3) an identification of items of special congres19 sional interest. 

20 (b) None of the funds provided for the National Intel21 ligence Program in this Act shall be available for re22 programming or transfer until the report identified in sub23 section (a) is submitted to the congressional intelligence 

24 committees, unless the Director of National Intelligence cer25 tifies in writing to the congressional intelligence committees 


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1 that such reprogramming or transfer is necessary as an 

2 emergency requirement. 

3 SEC. 8097. The Director of National Intelligence shall 

4 submit to Congress each year, at or about the time that 

5 the President’s budget is submitted to Congress that year 

6 under section 1105(a) of title 31, United States Code, a fu7 ture-years intelligence program (including associated an8 nexes) reflecting the estimated expenditures and proposed 

9 appropriations included in that budget. Any such future10 years intelligence program shall cover the fiscal year with 

11 respect to which the budget is submitted and at least the 

12 four succeeding fiscal years. 

13 SEC. 8098. For the purposes of this Act, the term ‘‘con14 gressional intelligence committees’’ means the Permanent 

15 Select Committee on Intelligence of the House of Represent16 atives, the Select Committee on Intelligence of the Senate, 

17 the Subcommittee on Defense of the Committee on Appro18 priations of the House of Representatives, and the Sub19 committee on Defense of the Committee on Appropriations 

20 of the Senate. 

21 SEC. 8099. The Department of Defense shall continue 

22 to report incremental contingency operations costs for Oper23 ation Iraqi Freedom and Operation Enduring Freedom on 

24 a monthly basis in the Cost of War Execution Report as 

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1 ment Regulation Department of Defense Instruction 

2 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 

3 Annex 1, dated September 2005. 

4 SEC. 8100. The amounts appropriated in title II of 

5 this Act are hereby reduced by $500,000,000 to reflect excess 

6 cash balances in Department of Defense Working Capital 

7 Funds, as follows: 

8 From ‘‘Operation and Maintenance, Air Force’’, 

9 $500,000,000. 

10 SEC. 8101. During the current fiscal year, not to ex11 ceed $10,000,000 from each of the appropriations made in 

12 title III of this Act for ‘‘Operation and Maintenance, 

13 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper14 ation and Maintenance, Air Force’’ may be transferred by 

15 the military department concerned to its central fund estab16 lished for Fisher Houses and Suites pursuant to section 

17 2493(d) of title 10, United States Code. 

18 SEC. 8102. Of the funds appropriated in the Intel19 ligence Community Management Account for the Program 

20 Manager for the Information Sharing Environment, 

21 $24,000,000 is available for transfer by the Director of Na22 tional Intelligence to other departments and agencies for 

23 purposes of Government-wide information sharing activi24 ties: Provided, That funds transferred under this provision 

25 are to be merged with and available for the same purposes 


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1 and time period as the appropriation to which transferred: 

2 Provided further, That the Office of Management and Budg3 et must approve any transfers made under this provision. 

4 SEC. 8103. Funds appropriated by this Act for oper5 ation and maintenance shall be available for the purpose 

6 of making remittances to the Defense Acquisition Workforce 

7 Development Fund in accordance with the requirements of 

8 section 1705 of title 10, United States Code. 

9 SEC. 8104. (a) REPORT ON GROUND-BASED INTER10 CEPTOR MISSILES.—Not later than 60 days after the date 

11 of the enactment of this Act, the Director of the Missile De12 fense Agency shall submit to the congressional defense com13 mittees a report on the utilization of funds to maintain the 

14 production line of Ground-Based Interceptor (GBI) mis15 siles. The report shall include a plan for the utilization of 

16 funds for Ground-Based Interceptor missiles made available 

17 by this Act for the Midcourse Defense Segment, including— 

18 (1) the number of Ground-based Interceptor mis19 siles proposed to be produced during fiscal year 2010; 

20 and 

21 (2) any plans for maintaining production of 

22 such missiles and the subsystems and components of 

23 such missiles. 

24 (b) REPORT ON GROUND-BASED MIDCOURSE DE25 FENSE SYSTEM.—Not later than 120 days after the date 


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1 of the enactment of this Act, the Director of the Missile De2 fense Agency shall submit to the congressional defense com3 mittees a report setting forth the acquisition strategy for 

4 the Ground-Based Midcourse Defense (GMD) system during 

5 fiscal years 2011 through 2016. The report shall include a 

6 description of the plans of the Missile Defense Agency for 

7 each of the following: 

8 (1) To maintain the capability for production of 

9 Ground-Based Interceptor missiles. 

10 (2) To address modernization and obsolescence of 

11 the Ground-Based Midcourse Defense system. 

12 (3) To conduct a robust test program for the 

13 Ground-Based Midcourse Defense system. 

14 SEC. 8105. (a) HIGH PRIORITY NATIONAL GUARD

15 COUNTERDRUG PROGRAMS.—Of the amount appropriated 

16 or otherwise made available by title VI under the heading 

17 ‘‘DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

18 DEFENSE’’, up to $30,000,000 shall be available for the pur19 pose of High Priority National Guard Counterdrug Pro20 grams. 

21 (b) SUPPLEMENT NOT SUPPLANT.—The amount made 

22 available by subsection (a) for the purpose specified in that 

23 subsection is in addition to any other amounts made avail24 able by this Act for that purpose. 


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1 APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES

2 SEC. 8106. (a) ACKNOWLEDGMENT AND APOLOGY.— 

3 The United States, acting through Congress— 

4 (1) recognizes the special legal and political rela5 tionship Indian tribes have with the United States 

6 and the solemn covenant with the land we share; 

7 (2) commends and honors Native Peoples for the 

8 thousands of years that they have stewarded and pro9 tected this land; 

10 (3) recognizes that there have been years of offi11 cial depredations, ill-conceived policies, and the 

12 breaking of covenants by the Federal Government re13 garding Indian tribes; 

14 (4) apologizes on behalf of the people of the 

15 United States to all Native Peoples for the many in16 stances of violence, maltreatment, and neglect in17 flicted on Native Peoples by citizens of the United 

18 States; 

19 (5) expresses its regret for the ramifications of 

20 former wrongs and its commitment to build on the 

21 positive relationships of the past and present to move 

22 toward a brighter future where all the people of this 

23 land live reconciled as brothers and sisters, and har24 moniously steward and protect this land together; 


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1 (6) urges the President to acknowledge the 

2 wrongs of the United States against Indian tribes in 

3 the history of the United States in order to bring 

4 healing to this land; and 

5 (7) commends the State governments that have 

6 begun reconciliation efforts with recognized Indian 

7 tribes located in their boundaries and encourages all 

8 State governments similarly to work toward recon9 ciling relationships with Indian tribes within their 

10 boundaries. 

11 (b) DISCLAIMER.—Nothing in this section— 

12 (1) authorizes or supports any claim against the 

13 United States; or 

14 (2) serves as a settlement of any claim against 

15 the United States. 

16 SEC. 8107. (a) REPORT ON USE OF LIVE PRIMATES

17 IN TRAINING RELATING TO CHEMICAL AND BIOLOGICAL

18 AGENTS.—Not later than 90 days after the date of the en19 actment of this Act, the Secretary of Defense shall submit 

20 to the congressional defense committees a report setting 

21 forth a detailed description of the requirements for the use 

22 by the Department of Defense of live primates at the United 

23 States Army Medical Research Institute of Chemical De24 fense, and elsewhere, to demonstrate the effects of chemical 


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1 or biological agents or chemical (such as physostigmine) or 

2 biological agent simulants in training programs. 

3 (b) ELEMENTS.—The report required by subsection (a) 

4 shall include, at a minimum, the following: 

5 (1) The number of live primates used in the 

6 training described in subsection (a). 

7 (2) The average lifespan of primates from the 

8 point of introduction into such training programs. 

9 (3) An explanation why the use of primates in 

10 such training is more advantageous and realistic 

11 than the use of human simulators or other alter12 natives. 

13 (4) An estimate of the cost of converting from the 

14 use of primates to human simulators in such train15 ing. 

16 SEC. 8108. (a) FINDINGS.—The Senate makes the fol17 lowing findings: 

18 (1) Real time intelligence, surveillance, and re19 connaissance (ISR) is critical to our warfighters in 

20 fighting the ongoing wars in Iraq and Afghanistan. 

21 (2) Secretary of Defense Gates and the military 

22 leadership of the United States have highlighted the 

23 importance of collecting and disseminating critical 

24 intelligence and battlefield information to our troops 

25 on the ground in Iraq and Afghanistan. 


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1 (3) The Chief of Staff of the Air Force, General 

2 Norton Schwartz, has stated that the Air Force is 

3 ‘‘all-in’’ for the joint fight. 

4 (4) One of the most effective and heavily tasked 

5 intelligence, surveillance, and reconnaissance assets 

6 operating today is the Air Force’s E–8C Joint Sur7 veillance Target Attack Radar System, also known as 

8 Joint STARS. 

9 (5) Commanders in the field rely on Joint 

10 STARS to give them a long range view of the battle11 field and detect moving targets in all weather condi12 tions as well as tactical support to Brigade Combat 

13 Teams, Joint Tactical Air Controllers and Special 

14 Operations Forces convoy overwatch. 

15 (6) Joint STARS is a joint platform, flown by 

16 a mix of active duty Air Force and Air National 

17 Guard personnel and operated by a joint Army, Air 

18 Force, and Marine crew, supporting missions for all 

19 the Armed Forces. 

20 (7) With a limited number of airframes, Joint 

21 STARS has flown over 55,000 combat hours and 900 

22 sorties over Iraq and Afghanistan and directly con23 tributed to the discovery of hundreds of Improvised 

24 Explosive Devices. 


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1 (8) The current engines greatly limit the per2 formance of Joint STARS aircraft and are the high3 est cause of maintenance problems and mission 

4 aborts. 

5 (9) There is no other current or programmed 

6 aircraft or weapon system that can provide the de7 tailed, broad-area ground moving target indicator 

8 (GMTI) and airborne battle management support for 

9 the warfighter that Joint STARS provides. 

10 (10) With the significant operational savings 

11 that new engines will bring to the Joint STARS, re12 engining Joint STARS will pay for itself by 2017 

13 due to reduced operations, sustainment, and fuel 

14 costs. 

15 (11) In December 2002, a JSTARS re-engining 

16 study determined that re-engining provided signifi17 cant benefits and cost savings. However, delays in 

18 executing the re-engining program continue to result 

19 in increased costs for the re-engining effort. 

20 (12) The budget request for the Department of 

21 Defense for fiscal year 2010 included $205,000,000 in 

22 Aircraft Procurement, Air Force, and $16,000,000 in 

23 Research, Development, Test, and Evaluation, Air 

24 Force for Joint STARS re-engining. 


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1 (13) On September 22, 2009, the Department of 

2 Defense re-affirmed their support for the President’s 

3 Budget request for Joint STARS re-engining. 

4 (14) On September 30, 2009, the Undersecretary 

5 of Defense (Acquisition, Technology, and Logistics) 

6 signed an Acquisition Decision Memorandum direct7 ing that the Air Force proceed with the Joint STARS 

8 re-engining effort, to include expenditure of procure9 ment and research, development, test, and evaluation 

10 funds. 

11 (b) SENSE OF SENATE.—It is the sense of the Senate 

12 that— 

13 (1) Funds for re-engining of the E–8C Joint 

14 Surveillance Target Attack Radar System (Joint 

15 STARS) should be appropriated in the correct appro16 priations accounts and in the amounts required in 

17 fiscal year 2010 to execute the Joint STARS Re18 Engining System Design and Development Program; 

19 and 

20 (2) the Air Force should proceed with currently 

21 planned efforts to re-engine Joint STARS aircraft, to 

22 include expending both procurement and research, de23 velopment, test, and evaluation funds. 

24 SEC. 8109. (a) Notwithstanding any other provision 

25 of this Act and except as provided in subsection (b), any 


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1 report required to be submitted by a Federal agency or de2 partment to the Committee on Appropriations of either the 

3 Senate or the House of Representatives in this Act shall 

4 be posted on the public website of that agency upon receipt 

5 by the committee. 

6 (b) Subsection (a) shall not apply to a report if— 

7 (1) the public posting of the report compromises 

8 national security; or 

9 (2) the report contains proprietary information. 

10 SEC. 8110. (a) The Secretary of Defense shall conduct 

11 a study on defense contracting fraud and submit a report 

12 containing the findings of such study to the congressional 

13 defense committees. 

14 (b) The report required under subsection (a) shall in15 clude— 

16 (1) an assessment of the total value of Depart17 ment of Defense contracts entered into to with con18 tractors that have been indicted for, settled charges of, 

19 been fined by any Federal department or agency for, 

20 or been convicted of fraud in connection with any 

21 contract or other transaction entered into with the 

22 Federal Government; and 

23 (2) recommendations by the Inspector General of 

24 the Department of Defense or other appropriate De25 partment of Defense official regarding how to penalize 


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1 contractors repeatedly involved in fraud in connection 

2 with contracts or other transactions entered into with 

3 the Federal Government. 

4 SEC. 8111. Of the amount appropriated or otherwise 

5 made available by title IV under the heading ‘‘RESEARCH, 

6 DEVELOPMENT, TEST, AND EVALUATION, ARMY’’, 

7 $12,000,000 shall be available for the peer-reviewed Gulf 

8 War Illness Research Program of the Army run by Congres9 sionally Directed Medical Research Programs. 

10 SEC. 8112. (a) It is the sense of Congress that— 

11 (1) All of the National Nuclear Security Admin12 istration sites, including the Nevada Test Site can 

13 play an effective and essential role in developing and 

14 demonstrating— 

15 (A) innovative and effective methods for 

16 treaty verification and the detection of nuclear 

17 weapons and other materials; and 

18 (B) related threat reduction technologies; 

19 and 

20 (2) the Administrator for Nuclear Security 

21 should expand the mission of the Nevada Test Site to 

22 carry out the role described in paragraph (1), includ23 ing by— 

24 (A) fully utilizing the inherent capabilities 

25 and uniquely secure location of the Site; 


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1 (B) continuing to support the Nation’s nu2 clear weapons program and other national secu3 rity programs; and 

4 (C) renaming the Site to reflect the ex5 panded mission of the Site. 

6 (b) Not later than one year after the date of the enact7 ment of this Act, the Administrator for Nuclear Security 

8 shall submit to the congressional defense committees a plan 

9 for improving the infrastructure of the Nevada Test Site 

10 of the National Nuclear Security Administration and, if the 

11 Administrator deems appropriate, all other sites under the 

12 jurisdiction of the National Nuclear Security Administra13 tion— 

14 (1) to fulfill the expanded mission of the Site de15 scribed in subsection (a); and 

16 (2) to make the Site available to support the 

17 threat reduction programs of the entire national secu18 rity community, including threat reduction programs 

19 of the National Nuclear Security Administration, the 

20 Defense Threat Reduction Agency, the Department of 

21 Homeland Security, and other agencies as appro22 priate. 

23 SEC. 8113. Of the amounts appropriated or otherwise 

24 made available by title II under the heading ‘‘OPERATION

25 AND MAINTENANCE, DEFENSE-WIDE’’ and available for the 


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1 Office of the Secretary of Defense, up to $250,000 may be 

2 available to the Under Secretary of Defense for Policy for 

3 the declassification of the nuclear posture review conducted 

4 under section 1041 of the Floyd D. Spence National Defense 

5 Authorization Act for Fiscal Year 2001 (as enacted into law 

6 by Public Law 106–398; 114 Stat. 1654A–262) upon the 

7 release of the nuclear posture review to succeed such nuclear 

8 posture review. 

9 SEC. 8114. Of the amount appropriated or otherwise 

10 made available by title II under the heading ‘‘OPERATION

11 AND MAINTENANCE, DEFENSE-WIDE’’, up to $15,000,000 

12 may be available for the implementation by the Department 

13 of Defense of the responsibilities of the Department under 

14 the Military and Overseas Voter Empowerment Act and the 

15 amendments made by that Act. 

16 SEC. 8115. None of the funds appropriated or other17 wise made available by this Act may be used to dispose 

18 of claims filed regarding water contamination at Camp 

19 Lejeune, North Carolina, until the Agency for Toxic Sub20 stances and Disease Registry (ATSDR) fully completes all 

21 current, ongoing epidemiological and water modeling stud22 ies pending as of the date of the enactment of this Act. 

23 SEC. 8116. (a) LIMITATION ON AVAILABILITY OF

24 FUNDS FOR EXECUTION OF CONTRACTS UNDER

25 LOGCAP.—No later than 90 days after enactment of this 


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1 Act none of the funds appropriated or otherwise made avail2 able by this Act may be obligated or expended for the execu3 tion of a contract under the Logistics Civil Augmentation 

4 Program (LOGCAP) unless the Secretary of the Army de5 termines that the contract explicitly requires the con6 tractor— 

7 (1) to inspect and immediately correct defi8 ciencies that present an imminent threat of death or 

9 serious bodily injury so as to ensure compliance with 

10 generally accepted electrical standards as determined 

11 by the Secretary of Defense in work under the con12 tract; 

13 (2) monitor and immediately correct deficiencies 

14 in the quality of any potable or non-potable water 

15 provided under the contract to ensure that safe and 

16 sanitary water is provided; and 

17 (3) establish and enforce strict standards for pre18 venting, and immediately addressing and cooperating 

19 with the prosecution of, any instances of sexual as20 sault in all of its operations and the operations of its 

21 subcontractors. 

22 (b) WAIVER.—The Secretary of the Army may waive 

23 the applicability of the limitation in subsection (a) to any 

24 contract if the Secretary certifies in writing to Congress 

25 that— 


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1 (1) the waiver is necessary for the provision of 

2 essential services or critical operating facilities for 

3 operational missions; or 

4 (2) the work under such contract does not 

5 present an imminent threat of death or serious bodily 

6 injury. 

7 SEC. 8117. None of the funds appropriated or other8 wise made available by this Act may be used by the Sec9 retary of the Army to transfer by sale, lease, loan, or dona10 tion government-owned ammunition production equipment 

11 or facilities to a private ammunition manufacturer until 

12 60 days after the Secretary submits a certification to the 

13 congressional defense committees that the transfer will not 

14 increase the cost of ammunition procurement or negatively 

15 impact national security, military readiness, government 

16 ammunition production or the United States ammunition 

17 production industrial base. The certification shall include 

18 the Secretary of the Army’s assessment of the following: 

19 (1) A cost-benefit risk analysis for converting 

20 government-owned ammunition production equipment 

21 or facilities to private ammunition manufacturers, 

22 including cost-savings comparisons. 

23 (2) A projection of the impact on the ammuni24 tion production industrial base in the United States 


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1 of converting such equipment or facilities to private 

2 ammunition manufacturers. 

3 (3) A projection of the capability to meet current 

4 and future ammunition production requirements by 

5 both government-owned and private ammunition 

6 manufacturers, as well as a combination of the two 

7 sources of production assets. 

8 (4) Potential impact on national security and 

9 military readiness. 

10 SEC. 8118. (a) None of the funds appropriated or oth11 erwise made available by this Act may be used for any ex12 isting or new Federal contract if the contractor or a subcon13 tractor at any tier requires that an employee or inde14 pendent contractor, as a condition of employment, sign a 

15 contract that mandates that the employee or independent 

16 contractor performing work under the contract or sub17 contract resolve through arbitration any claim under title 

18 VII of the Civil Rights Act of 1964 or any tort related to 

19 or arising out of sexual assault or harassment, including 

20 assault and battery, intentional infliction of emotional dis21 tress, false imprisonment, or negligent hiring, supervision, 

22 or retention. 

23 (b) The prohibition in subsection (a) does not apply 

24 with respect to employment contracts that may not be en25 forced in a court of the United States. 


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1 SEC. 8119. (a) LIMITATION ON EARLY RETIREMENT

2 OF TACTICAL AIRCRAFT.—The Secretary of the Air Force 

3 may not retire any tactical aircraft as announced in the 

4 Combat Air Forces structuring plan announced on May 18, 

5 2009, until the Secretary submits to the congressional de6 fense committees the report described in subsection (b). 

7 (b) REPORT.—The report described in this subsection 

8 is a report that sets forth the following: 

9 (1) A detailed plan for how the Secretary of the 

10 Air Force will fill the force structure and capability 

11 gaps resulting from the retirement of tactical aircraft 

12 under the structuring plan described in subsection 

13 (a). 

14 (2) A description of the follow-on missions for 

15 each base affected by the structuring plan. 

16 (3) An explanation of the criteria used for select17 ing the bases referred to in paragraph (2) and for the 

18 selection of tactical aircraft for retirement under the 

19 structuring plan. 

20 (4) A plan for the reassignment of the regular 

21 and reserve Air Force personnel affected by the retire22 ment of tactical aircraft under the structuring plan. 

23 (5) An estimate of the cost avoidance to be 

24 achieved by the retirement of such tactical aircraft, 

25 and a description how such funds would be invested 


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1 under the period covered by the most current future2 years defense program. 

3 SEC. 8120. (a) NATURE OF FULL AND OPEN COMPETI4 TION FOR CONGRESSIONALLY DIRECTED SPENDING

5 ITEMS.—Each congressionally directed spending item spec6 ified in this Act or the report accompanying this Act that 

7 is intended for award to a for-profit entity shall be subject 

8 to acquisition regulations for full and open competition on 

9 the same basis as each spending item intended for a for10 profit entity that is contained in the budget request of the 

11 President. 

12 (b) EXCEPTIONS.—Subsection (a) shall not apply to 

13 any contract awarded— 

14 (1) by a means that is required by Federal stat15 ute, including for a purchase made under a mandated 

16 preferential program; 

17 (2) pursuant to the Small Business Act (15 

18 U.S.C. 631 et seq.); or 

19 (3) in an amount less than the simplified acqui20 sition threshold described in section 302A(a) of the 

21 Federal Property and Administrative Services Act of 

22 1949 (41 U.S.C. 252a(a)). 

23 (c) CONGRESSIONALLY DIRECTED SPENDING ITEM

24 DEFINED.—In this section, the term ‘‘congressionally di25 rected spending item’’ means the following: 


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1 (1) A congressionally directed spending item, as 

2 defined in Rule XLIV of the Standing Rules of the 

3 Senate. 

4 (2) A congressional earmark for purposes of rule 

5 XXI of the House of Representatives. 

6 SEC. 8121. (a) FUNDING FOR TWO-STAGE GROUND7 BASED INTERCEPTOR MISSILE.—Of the amounts appro8 priated or otherwise made available by this Act for a long9 range missile defense system in Europe, or appropriated or 

10 otherwise made available for the Department of Defense for 

11 a long-range missile defense system in Europe from the 

12 Consolidated Security Disaster Assistance, and Continuing 

13 Appropriations Act of 2009 (Public Law 110–329) and 

14 available for obligation, no less than $50,000,000, and up 

15 to $151,000,000 shall be available for research, development, 

16 test, and evaluation of the two-stage ground-based inter17 ceptor missile. 

18 (b) PROHIBITION ON DIVERSION OF FUNDS.—Funds 

19 appropriated or otherwise made available by this Act for 

20 the Missile Defense Agency for the purpose of research, de21 velopment, and testing of the two-stage ground based inter22 ceptor missile shall be utilized solely for that purpose, and 

23 may not be reprogrammed or otherwise utilized for any 

24 other purpose. 


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1 (c) REPORT.—Not later than February 1, 2010, the 

2 Director of the Missile Defense Agency shall submit to the 

3 congressional defense committees a report setting forth the 

4 following: 

5 (1) A comprehensive plan for the continued de6 velopment and testing of the two-stage ground-based 

7 interceptor missile, including a description how the 

8 Missile Defense Agency will leverage the development 

9 and testing of such missile to modernize the Ground10 based Midcourse Defense component of the ballistic 

11 missile defense system. 

12 (2) Options for deploying an additional Ground13 based Midcourse Defense site in Europe or the United 

14 States to provide enhanced defense in response to fu15 ture long-range missile threats from Iran, and a de16 scription of how such a site may be made interoper17 able with the planned missile defense architecture for 

18 Europe and the United States. 

19 SEC. 8122. (a) AMOUNT FOR EVALUATIONS OF CER20 TAIN LASER SYSTEMS.—Of the amount appropriated or 

21 otherwise made available by title IV under the heading 

22 ‘‘RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

23 FORCE’’ and available for Advanced Weapons Technology 

24 (PE# 0603605F), up to $5,000,000 may be available to 


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1 carry out the evaluations and analyses required by sub2 section (b). 

3 (b) EVALUATIONS AND ANALYSES OF CERTAIN LASER

4 SYSTEMS.—The Secretary of Defense shall, in a manner 

5 consistent with the October 8, 2008, report of the Air Force 

6 Scientific Advisory Board entitled ‘‘Airborne Tactical 

7 Laser (ATL) Feasibility for Gunship Operations’’— 

8 (1) carry out additional enhanced user evalua9 tions of the Advanced Tactical Laser system on a va10 riety of instrumented targets; and 

11 (2) enter into an agreement with a federally 

12 funded research and development center under which 

13 the center shall— 

14 (A) conduct an analysis of the feasibility of 

15 integrating solid state laser systems onto C–130, 

16 B–1, and F–35 aircraft platforms to provide 

17 close air support; and 

18 (B) estimate the cost per unit of such laser 

19 systems and the cost of operating and maintain20 ing each such platform with such laser systems. 


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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $9,597,340,000. 

7 MILITARY PERSONNEL, NAVY

8 For an additional amount for ‘‘Military Personnel, 

9 Navy’’, $1,175,601,000. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Military Personnel, 

12 Marine Corps’’, $670,722,000. 

13 MILITARY PERSONNEL, AIR FORCE

14 For an additional amount for ‘‘Military Personnel, 

15 Air Force’’, $1,445,376,000. 

16 RESERVE PERSONNEL, ARMY

17 For an additional amount for ‘‘Reserve Personnel, 

18 Army’’, $293,637,000. 

19 RESERVE PERSONNEL, NAVY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Navy’’, $37,040,000. 

22 RESERVE PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, Ma24 rine Corps’’, $31,337,000. 


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1 RESERVE PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Reserve Personnel, Air 

3 Force’’, $19,822,000. 

4 NATIONAL GUARD PERSONNEL, ARMY

5 For an additional amount for ‘‘National Guard Per6 sonnel, Army’’, $824,966,000. 

7 NATIONAL GUARD PERSONNEL, AIR FORCE

8 For an additional amount for ‘‘National Guard Per9 sonnel, Air Force’’, $9,500,000. 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For an additional amount for ‘‘Operation and Mainte13 nance, Army’’, $51,928,167,000. 

14 OPERATION AND MAINTENANCE, NAVY

15 For an additional amount for ‘‘Operation and Mainte16 nance, Navy’’, $5,899,597,000. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 For an additional amount for ‘‘Operation and Mainte19 nance, Marine Corps’’, $3,775,270,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For an additional amount for ‘‘Operation and Mainte22 nance, Air Force’’, $9,929,868,000. 

23 OPERATION AND MAINTENANCE, DEFENSE-WIDE

24 For an additional amount for ‘‘Operation and Mainte25 nance, Defense-Wide’’, $7,550,900,000, of which: 


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1 (1) Not to exceed $12,500,000 for the Combatant 

2 Commander Initiative Fund, to be used in support of 

3 Operation Iraqi Freedom and Operation Enduring 

4 Freedom; and 

5 (2) Not to exceed $1,600,000,000, to remain 

6 available until expended, for payments to reimburse 

7 key cooperating nations for logistical, military, and 

8 other support, including access provided to United 

9 States military operations in support of Operation 

10 Iraqi Freedom and Operation Enduring Freedom, 

11 notwithstanding any other provision of law: Provided, 

12 That such reimbursement payments may be made in 

13 such amounts as the Secretary of Defense, with the 

14 concurrence of the Secretary of State, and in con15 sultation with the Director of the Office of Manage16 ment and Budget, may determine, in his discretion, 

17 based on documentation determined by the Secretary 

18 of Defense to adequately account for the support pro19 vided, and such determination is final and conclusive 

20 upon the accounting officers of the United States, and 

21 15 days following notification to the appropriate con22 gressional committees: Provided further, That these 

23 funds may be used for the purpose of providing spe24 cialized training and procuring supplies and special25 ized equipment and providing such supplies and 


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1 loaning such equipment on a non-reimbursable basis 

2 to coalition forces supporting United States military 

3 operations in Iraq and Afghanistan, and 15 days fol4 lowing notification to the appropriate congressional 

5 committees: Provided further, That the Secretary of 

6 Defense shall provide quarterly reports to the congres7 sional defense committees on the use of funds provided 

8 in this paragraph. 

9 OPERATION AND MAINTENANCE, ARMY RESERVE

10 For an additional amount for ‘‘Operation and Mainte11 nance, Army Reserve’’, $234,898,000. 

12 OPERATION AND MAINTENANCE, NAVY RESERVE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Navy Reserve’’, $68,059,000. 

15 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Marine Corps Reserve’’, $86,667,000. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For an additional amount for ‘‘Operation and Mainte20 nance, Air Force Reserve’’, $125,925,000. 

21 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

22 For an additional amount for ‘‘Operation and Mainte23 nance, Army National Guard’’, $450,246,000. 


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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air National Guard’’, $289,862,000. 

4 AFGHANISTAN SECURITY FORCES FUND

5 For the ‘‘Afghanistan Security Forces Fund’’, 

6 $6,562,769,000, to remain available until September 30, 

7 2011: Provided, That such funds shall be available to the 

8 Secretary of Defense, notwithstanding any other provision 

9 of law, for the purpose of allowing the Commander, Com10 bined Security Transition Command—Afghanistan, or the 

11 Secretary’s designee, to provide assistance, with the concur12 rence of the Secretary of State, to the security forces of Af13 ghanistan, including the provision of equipment, supplies, 

14 services, training, facility and infrastructure repair, ren15 ovation, and construction, and funding: Provided further, 

16 That the authority to provide assistance under this heading 

17 is in addition to any other authority to provide assistance 

18 to foreign nations: Provided further, That contributions of 

19 funds for the purposes provided herein from any person, 

20 foreign government, or international organization may be 

21 credited to this Fund and used for such purposes: Provided 

22 further, That the Secretary of Defense shall notify the con23 gressional defense committees in writing upon the receipt 

24 and upon the obligation of any contribution, delineating 

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1 cific use of such contributions: Provided further, That the 

2 Secretary of Defense shall, not fewer than 15 days prior 

3 to obligating from this appropriation account, notify the 

4 congressional defense committees in writing of the details 

5 of any such obligation. 

6 PROCUREMENT 

7 AIRCRAFT PROCUREMENT, ARMY

8 For an additional amount for ‘‘Aircraft Procurement, 

9 Army’’, $1,119,319,000, to remain available until Sep10 tember 30, 2012. 

11 MISSILE PROCUREMENT, ARMY

12 For an additional amount for ‘‘Missile Procurement, 

13 Army’’, $475,954,000, to remain available until September 

14 30, 2012. 

15 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

16 VEHICLES, ARMY

17 For an additional amount for ‘‘Procurement of Weap18 ons and Tracked Combat Vehicles, Army’’, $875,866,000, to 

19 remain available until September 30, 2012. 

20 PROCUREMENT OF AMMUNITION, ARMY

21 For an additional amount for ‘‘Procurement of Am22 munition, Army’’, $365,635,000, to remain available until 

23 September 30, 2012. 


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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

3 Army’’, $4,874,176,000, to remain available until Sep4 tember 30, 2012. 

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement, 

7 Navy’’, $1,342,577,000, to remain available until Sep8 tember 30, 2012. 

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procurement, 

11 Navy’’, $50,700,000, to remain available until September 

12 30, 2012. 

13 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

14 CORPS

15 For an additional amount for ‘‘Procurement of Am16 munition, Navy and Marine Corps’’, $681,957,000, to re17 main available until September 30, 2012. 

18 OTHER PROCUREMENT, NAVY

19 For an additional amount for ‘‘Other Procurement, 

20 Navy’’, $260,118,000, to remain available until September 

21 30, 2012. 

22 PROCUREMENT, MARINE CORPS

23 For an additional amount for ‘‘Procurement, Marine 

24 Corps’’, $868,197,000, to remain available until September 

25 30, 2012. 


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1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Air Force’’, $736,501,000, to remain available until Sep4 tember 30, 2012. 

5 MISSILE PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Missile Procurement, 

7 Air Force’’, $36,625,000, to remain available until Sep8 tember 30, 2012. 

9 PROCUREMENT OF AMMUNITION, AIR FORCE

10 For an additional amount for ‘‘Procurement of Am11 munition, Air Force’’, $256,819,000, to remain available 

12 until September 30, 2012. 

13 OTHER PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Other Procurement, 

15 Air Force’’, $3,138,021,000, to remain available until Sep16 tember 30, 2012. 

17 PROCUREMENT, DEFENSE-WIDE

18 For an additional amount for ‘‘Procurement, Defense19 Wide’’, $480,780,000, to remain available until September 

20 30, 2012. 

21 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Mine Resistant Ambush Protected Vehicle 

24 Fund, $6,656,000,000, to remain available until September 

25 30, 2011: Provided, That such funds shall be available to 


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1 the Secretary of Defense, notwithstanding any other provi2 sion of law, to procure, sustain, transport, and field Mine 

3 Resistant Ambush Protected vehicles: Provided further, That 

4 the Secretary shall transfer such funds only to appropria5 tions for operation and maintenance; procurement; re6 search, development, test and evaluation; and defense work7 ing capital funds to accomplish the purpose provided here8 in: Provided further, That this transfer authority is in ad9 dition to any other transfer authority available to the De10 partment of Defense: Provided further, That the Secretary 

11 shall, not fewer than 10 days prior to making transfers 

12 from this appropriation, notify the congressional defense 

13 committees in writing of the details of any such transfer. 

14 RESEARCH, DEVELOPMENT, TEST AND 

15 EVALUATION 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Army’’, $57,962,000, to remain 

19 available until September 30, 2011. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

21 For an additional amount for ‘‘Research, Develop22 ment, Test and Evaluation, Navy’’, $84,180,000, to remain 

23 available until September 30, 2011. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

2 FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $39,286,000, to re5 main available until September 30, 2011. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 DEFENSE-WIDE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Defense-Wide’’, $112,196,000, 

10 to remain available until September 30, 2011. 

11 REVOLVING AND MANAGEMENT FUNDS 

12 DEFENSE WORKING CAPITAL FUNDS

13 For an additional amount for ‘‘Defense Working Cap14 ital Funds’’, $412,215,000. 

15 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

16 DEFENSE HEALTH PROGRAM

17 For an additional amount for ‘‘Defense Health Pro18 gram’’, $1,563,675,000, which shall be for operation and 

19 maintenance. 

20 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

21 For an additional amount for ‘‘Drug Interdiction and 

22 Counter-Drug Activities’’, $353,603,000, to remain avail23 able until September 30, 2011. 


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1 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Joint Improvised Explosive Device Defeat 

4 Fund’’, $2,033,560,000, to remain available until Sep5 tember 30, 2012: Provided, That such funds shall be avail6 able to the Secretary of Defense, notwithstanding any other 

7 provision of law, for the purpose of allowing the Director 

8 of the Joint Improvised Explosive Device Defeat Organiza9 tion to investigate, develop and provide equipment, sup10 plies, services, training, facilities, personnel and funds to 

11 assist United States forces in the defeat of improvised explo12 sive devices: Provided further, That within 60 days of the 

13 enactment of this Act, a plan for the intended management 

14 and use of the amounts provided under this heading shall 

15 be submitted to the congressional defense committees: Pro16 vided further, That the Secretary of Defense shall submit 

17 a report not later than 60 days after the end of each fiscal 

18 quarter to the congressional defense committees providing 

19 assessments of the evolving threats, individual service re20 quirements to counter the threats, the current strategy for 

21 predeployment training of members of the Armed Forces on 

22 improvised explosive devices, and details on the execution 

23 of this Fund: Provided further, That the Secretary of De24 fense may transfer funds provided herein to appropriations 

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1 velopment, test and evaluation; and defense working capital 

2 funds to accomplish the purpose provided herein: Provided 

3 further, That amounts transferred shall be merged with and 

4 available for the same purposes and time period as the ap5 propriations to which transferred: Provided further, That 

6 this transfer authority is in addition to any other transfer 

7 authority available to the Department of Defense: Provided 

8 further, That the Secretary of Defense shall, not fewer than 

9 15 days prior to making transfers from this appropriation, 

10 notify the congressional defense committees in writing of 

11 the details of any such transfer. 

12 OFFICE OF THE INSPECTOR GENERAL

13 For an additional amount for the ‘‘Office of the Inspec14 tor General’’, $8,876,000. 

15 GENERAL PROVISIONS—THIS TITLE 

16 SEC. 9001. Notwithstanding any other provision of 

17 law, funds made available in this title are in addition to 

18 amounts appropriated or otherwise made available for the 

19 Department of Defense for fiscal year 2010. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 9002. Upon the determination of the Secretary 

22 of Defense that such action is necessary in the national in23 terest, the Secretary may, with the approval of the Office 

24 of Management and Budget, transfer up to $4,000,000,000 

25 between the appropriations or funds made available to the 


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1 Department of Defense in this title: Provided, That the Sec2 retary shall notify the Congress promptly of each transfer 

3 made pursuant to the authority in this section: Provided 

4 further, That the authority provided in this section is in 

5 addition to any other transfer authority available to the 

6 Department of Defense and is subject to the same terms and 

7 conditions as the authority provided in the Department of 

8 Defense Appropriations Act, 2010: Provided further, That 

9 the amount in this section is designated as being for over10 seas deployments and other activities pursuant to sections 

11 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Con12 gress), the concurrent resolution on the budget for fiscal year 

13 2010. 

14 SEC. 9003. Supervision and administration costs asso15 ciated with a construction project funded with appropria16 tions available for operation and maintenance or the ‘‘Af17 ghanistan Security Forces Fund’’ provided in this Act and 

18 executed in direct support of overseas contingency oper19 ations in Afghanistan, may be obligated at the time a con20 struction contract is awarded: Provided, That for the pur21 pose of this section, supervision and administration costs 

22 include all in-house Government costs. 

23 SEC. 9004. From funds made available in this title, 

24 the Secretary of Defense may purchase for use by military 

25 and civilian employees of the Department of Defense in Iraq 


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1 and Afghanistan: (a) passenger motor vehicles up to a limit 

2 of $75,000 per vehicle and (b) heavy and light armored ve3 hicles for the physical security of personnel or for force pro4 tection purposes up to a limit of $250,000 per vehicle, not5 withstanding price or other limitations applicable to the 

6 purchase of passenger carrying vehicles. 

7 SEC. 9005. Not to exceed $1,200,000,000 of the amount 

8 appropriated in this title under the heading ‘‘Operation 

9 and Maintenance, Army’’ may be used, notwithstanding 

10 any other provision of law, to fund the Commander’s Emer11 gency Response Program, for the purpose of enabling mili12 tary commanders in Iraq and Afghanistan to respond to 

13 urgent humanitarian relief and reconstruction require14 ments within their areas of responsibility: Provided, That 

15 not later than 15 days after the end of each fiscal year quar16 ter, the Secretary of Defense shall submit to the congres17 sional defense committees a report regarding the source of 

18 funds and the allocation and use of funds during that quar19 ter that were made available pursuant to the authority pro20 vided in this section or under any other provision of law 

21 for the purposes described herein. 

22 SEC. 9006. Funds available to the Department of De23 fense for operation and maintenance may be used, notwith24 standing any other provision of law, to provide supplies, 

25 services, transportation, including airlift and sealift, and 


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1 other logistical support to coalition forces supporting mili2 tary and stability operations in Iraq and Afghanistan: Pro3 vided, That the Secretary of Defense shall provide quarterly 

4 reports to the congressional defense committees regarding 

5 support provided under this section. 

6 SEC. 9007. Each amount in this title is designated as 

7 being for overseas deployments and other activities pursu8 ant to section 401(c)(4) and 423(a)(1) of S. Con. Res. 13 

9 (111th Congress), the concurrent resolution on the budget 

10 for fiscal year 2010. 

11 SEC. 9008. None of the funds appropriated or other12 wise made available by this or any other Act shall be obli13 gated or expended by the United States Government for a 

14 purpose as follows: 

15 (1) To establish any military installation or base 

16 for the purpose of providing for the permanent sta17 tioning of United States Armed Forces in Iraq. 

18 (2) To exercise United States control over any 

19 oil resource of Iraq. 

20 (3) To establish any military installation or base 

21 for the purpose of providing for the permanent sta22 tioning of United States Armed Forces in Afghani23 stan. 

24 SEC. 9009. (a) The Director of the Office of Manage25 ment and Budget, in consultation with the Secretary of DeVerDate Nov 24 2008 02:06 Oct 08, 2009 Jkt 089200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6203 E:\BILLS\H3326.PP H3326

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1 fense; the Commander of the United States Central Com2 mand; the Commander, Multi-National Security Transition 

3 Command—Iraq; and the Commander, Combined Security 

4 Transition Command—Afghanistan, shall submit to the 

5 congressional defense committees not later than 45 days 

6 after the end of each fiscal quarter a report on the proposed 

7 use of all funds appropriated by this or any prior Act under 

8 each of the headings ‘‘Iraq Security Forces Fund’’, ‘‘Afghan9 istan Security Forces Fund’’, and ‘‘Pakistan Counterinsur10 gency Fund’’ on a project-by-project basis, for which the 

11 obligation of funds is anticipated during the 3-month pe12 riod from such date, including estimates by the commanders 

13 referred to in this section of the costs required to complete 

14 each such project. 

15 (b) The report required by this subsection shall include 

16 the following: 

17 (1) The use of all funds on a project-by-project 

18 basis for which funds appropriated under the head19 ings referred to in subsection (a) were obligated prior 

20 to the submission of the report, including estimates by 

21 the commanders referred to in subsection (a) of the 

22 costs to complete each project. 

23 (2) The use of all funds on a project-by-project 

24 basis for which funds were appropriated under the 

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1 priations Acts, or for which funds were made avail2 able by transfer, reprogramming, or allocation from 

3 other headings in prior appropriations Acts, includ4 ing estimates by the commanders referred to in sub5 section (a) of the costs to complete each project. 

6 (3) An estimated total cost to train and equip 

7 the Iraq, Afghanistan, and Pakistan security forces, 

8 disaggregated by major program and sub-elements by 

9 force, arrayed by fiscal year. 

10 (c) The Secretary of Defense shall notify the congres11 sional defense committees of any proposed new projects or 

12 transfers of funds between sub-activity groups in excess of 

13 $20,000,000 using funds appropriated by this or any prior 

14 Act under the headings ‘‘Iraq Security Forces Fund’’, ‘‘Af15 ghanistan Security Forces Fund’’, and ‘‘Pakistan Counter16 insurgency Fund’’. 

17 SEC. 9010. (a) None of the funds appropriated or oth18 erwise made available by this Act or any prior Act may 

19 be used to transfer, release, or incarcerate any individual 

20 who was detained as of October 1, 2009, at Naval Station, 

21 Guantanamo Bay, Cuba, to or within the United States 

22 or its territories. 

23 (b) In this section, the term ‘‘United States’’ means 

24 the several States and the District of Columbia. 


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1 SEC. 9011. In addition to amounts made available 

2 elsewhere in this title there is hereby appropriated 

3 $329,000,000 for the purchase of fuel to the following ac4 counts in the specified amounts: 

5 ‘‘Operation and Maintenance, Army’’, 

6 $83,552,000; 

7 ‘‘Operation and Maintenance, Navy’’, 

8 $33,889,000; 

9 ‘‘Operation and Maintenance, Marine Corps’’, 

10 $1,619,000; 

11 ‘‘Operation and Maintenance, Air Force’’, 

12 $179,191,000; 

13 ‘‘Operation and Maintenance, Army Reserve’’, 

14 $8,567,000; 

15 ‘‘Operation and Maintenance, Navy Reserve’’, 

16 $3,007,000; 

17 ‘‘Operation and Maintenance, Marine Corps Re18 serve’’, $39,000; and 

19 ‘‘Operation and Maintenance, Army National 

20 Guard’’, $19,136,000. 

21 SEC. 9012. None of the funds made available under 

22 this Act may be distributed to the Association of Commu23 nity Organizations for Reform Now (ACORN) or its sub24 sidiaries. 


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1 SEC. 9013. The Secretary of Defense may, in consulta2 tion with the Secretary of State and the Administrator of 

3 the United States Agency for International Development, 

4 continue to support requirements for monthly integrated ci5 vilian-military training for civilians deploying to Afghani6 stan at Camp Atterbury, Indiana, including through the 

7 allocation of military and civilian personnel, trainers, and 

8 other resources for that purpose. 

9 SEC. 9014. (a) HEARINGS ON STRATEGY AND RE10 SOURCES WITH RESPECT TO AFGHANISTAN AND PAKI11 STAN.—Appropriate committees of Congress shall hold hear12 ings, in open and closed session, relating to the strategy 

13 and resources of the United States with respect to Afghani14 stan and Pakistan promptly after the decision by the Presi15 dent on those matters is announced. 

16 (b) TESTIMONY.—The hearings described in subsection 

17 (a) should include testimony from senior civilian and mili18 tary officials of the United States, including, but not lim19 ited to, the following: 

20 (1) The Secretary of Defense. 

21 (2) The Secretary of State 

22 (3) The Chairman of the Joint Chiefs of Staff. 

23 (4) The Commander of the United States Central 

24 Command. 


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1 (5) The Commander of the United States Euro2 pean Command and Supreme Allied Commander, 

3 Europe. 

4 (6) The Commander of United States Forces–Af5 ghanistan. 

6 (7) The United States Ambassador to Afghani7 stan. 

8 (8) The United States Ambassador to Pakistan. 

9 SEC. 9015. (a) FUNDING FOR OUTREACH AND RE10 INTEGRATION SERVICES UNDER YELLOW RIBBON RE11 INTEGRATION PROGRAM.—Of the amounts appropriated or 

12 otherwise made available by title IX. $20,000,000 shall be 

13 available for outreach and reintegration services under the 

14 Yellow Ribbon Reintegration Program under section 582(h) 

15 of the National Defense Authorization Act for Fiscal Year 

16 2008 (Public Law 110–181; 122 Stat. 125; 10 U.S.C. 10101 

17 note). 

18 (b) SUPPLEMENT NOT SUPPLANT.—The amount made 

19 available by subsection (a) for the services described in that 

20 subsection is in addition to any other amounts available 

21 in this Act for such services. 


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1 This Act may be cited as the ‘‘Department of Defense 

2 Appropriations Act, 2010’’. 

Passed the House of Representatives July 30, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate October 6, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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