IIB 

111TH CONGRESS 

1ST SESSION H. R. 3326 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2009 

Received; read twice and referred to the Committee on Appropriations 

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, 


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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2010, for military func4 tions administered by the Department of Defense and for 

5 other purposes, namely: 

6 TITLE I 

7 MILITARY PERSONNEL 

8 MILITARY PERSONNEL, ARMY

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the 

14 Army on active duty (except members of reserve compo15 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

18 377, as amended (42 U.S.C. 402 note), and to the Depart19 ment of Defense Military Retirement Fund, 

20 $39,901,547,000. 

21 MILITARY PERSONNEL, NAVY

22 For pay, allowances, individual clothing, subsistence, 

23 interest on deposits, gratuities, permanent change of sta24 tion travel (including all expenses thereof for organiza25 tional movements), and expenses of temporary duty travel 


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1 between permanent duty stations, for members of the 

2 Navy on active duty (except members of the Reserve pro3 vided for elsewhere), midshipmen, and aviation cadets; for 

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

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

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

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

8 MILITARY PERSONNEL, MARINE CORPS

9 For pay, allowances, individual clothing, subsistence, 

10 interest on deposits, gratuities, permanent change of sta11 tion travel (including all expenses thereof for organiza12 tional movements), and expenses of temporary duty travel 

13 between permanent duty stations, for members of the Ma14 rine Corps on active duty (except members of the Reserve 

15 provided for elsewhere); and for payments pursuant to sec16 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

17 402 note), and to the Department of Defense Military Re18 tirement Fund, $12,528,845,000. 

19 MILITARY PERSONNEL, AIR FORCE

20 For pay, allowances, individual clothing, subsistence, 

21 interest on deposits, gratuities, permanent change of sta22 tion travel (including all expenses thereof for organiza23 tional movements), and expenses of temporary duty travel 

24 between permanent duty stations, for members of the Air 

25 Force on active duty (except members of reserve compoVerDate Nov 24 2008 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS H3326

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1 nents provided for elsewhere), cadets, and aviation cadets; 

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

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

4 377, as amended (42 U.S.C. 402 note), and to the Depart5 ment of Defense Military Retirement Fund, 

6 $25,938,850,000. 

7 RESERVE PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Re10 serve on active duty under sections 10211, 10302, and 

11 3038 of title 10, United States Code, or while serving on 

12 active duty under section 12301(d) of title 10, 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 reserve training, or while performing 

16 drills or equivalent duty or other duty, and expenses au17 thorized by section 16131 of title 10, United States Code; 

18 and for payments to the Department of Defense Military 

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

20 RESERVE PERSONNEL, NAVY

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

22 travel, and related expenses for personnel of the Navy Re23 serve on active duty under section 10211 of title 10, 

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

25 section 12301(d) of title 10, United States Code, in conVerDate Nov 24 2008 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS H3326

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1 nection with performing duty specified in section 12310(a) 

2 of title 10, United States Code, or while undergoing re3 serve training, or while performing drills or equivalent 

4 duty, and expenses authorized by section 16131 of title 

5 10, United States Code; and for payments to the Depart6 ment of Defense Military Retirement Fund, 

7 $1,918,111,000. 

8 RESERVE PERSONNEL, MARINE CORPS

9 For pay, allowances, clothing, subsistence, gratuities, 

10 travel, and related expenses for personnel of the Marine 

11 Corps Reserve on active duty under section 10211 of title 

12 10, United States Code, or while serving on active duty 

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

14 in connection with performing duty specified in section 

15 12310(a) of title 10, United States Code, or while under16 going reserve training, or while performing drills or equiv17 alent duty, and for members of the Marine Corps platoon 

18 leaders class, and expenses authorized by section 16131 

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

20 Department of Defense Military Retirement Fund, 

21 $610,580,000. 

22 RESERVE PERSONNEL, AIR FORCE

23 For pay, allowances, clothing, subsistence, gratuities, 

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

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


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1 8038 of title 10, United States Code, or while serving on 

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

3 States Code, in connection with performing duty specified 

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

5 while undergoing reserve training, or while performing 

6 drills or equivalent duty or other duty, and expenses au7 thorized by section 16131 of title 10, United States Code; 

8 and for payments to the Department of Defense Military 

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

10 NATIONAL GUARD PERSONNEL, ARMY

11 For pay, allowances, clothing, subsistence, gratuities, 

12 travel, and related expenses for personnel of the Army Na13 tional Guard while on duty under section 10211, 10302, 

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

15 States Code, or while serving on duty under section 

16 12301(d) of title 10 or section 502(f) of title 32, United 

17 States Code, in connection with performing duty specified 

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

19 while undergoing training, or while performing drills or 

20 equivalent duty or other duty, and expenses authorized by 

21 section 16131 of title 10, United States Code; and for pay22 ments to the Department of Defense Military Retirement 

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


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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For pay, allowances, clothing, subsistence, gratuities, 

3 travel, and related expenses for personnel of the Air Na4 tional Guard on duty under section 10211, 10305, or 

5 12402 of title 10 or section 708 of title 32, United States 

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

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

8 in connection with performing duty specified in section 

9 12310(a) of title 10, United States Code, or while under10 going training, or while performing drills or equivalent 

11 duty or other duty, and expenses authorized by section 

12 16131 of title 10, United States Code; and for payments 

13 to the Department of Defense Military Retirement Fund, 

14 $2,949,899,000. 

15 TITLE II 

16 OPERATION AND MAINTENANCE 

17 OPERATION AND MAINTENANCE, ARMY

18 For expenses, not otherwise provided for, necessary 

19 for the operation and maintenance of the Army, as author20 ized by law; and not to exceed $12,478,000 can be used 

21 for emergencies and extraordinary expenses, to be ex22 pended on the approval or authority of the Secretary of 

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

24 of necessity for confidential military purposes, 

25 $30,454,152,000. 


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1 OPERATION AND MAINTENANCE, NAVY

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of the Navy and the 

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

5 $14,657,000 can be used for emergencies and extraor6 dinary expenses, to be expended on the approval or author7 ity of the Secretary of the Navy, and payments may be 

8 made on his certificate of necessity for confidential mili9 tary purposes, $34,885,932,000 (increased by 

10 $1,000,000) (reduced by $1,000,000): Provided, That 

11 $60,199,000 shall be made available for the Joint POW/ 

12 MIA Accounting Command. 

13 OPERATION AND MAINTENANCE, MARINE CORPS

14 For expenses, not otherwise provided for, necessary 

15 for the operation and maintenance of the Marine Corps, 

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

17 OPERATION AND MAINTENANCE, AIR FORCE

18 For expenses, not otherwise provided for, necessary 

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

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

21 used for emergencies and extraordinary expenses, to be ex22 pended on the approval or authority of the Secretary of 

23 the Air Force, and payments may be made on his certifi24 cate of necessity for confidential military purposes, 

25 $33,785,349,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For expenses, not otherwise provided for, necessary 

3 for the operation and maintenance of activities and agen4 cies of the Department of Defense (other than the military 

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

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

7 for the Combatant Commander Initiative Fund authorized 

8 under section 166a of title 10, United States Code: Pro9 vided further, That of the funds provided under this head10 ing, not less than $29,732,000 shall be made available for 

11 the Procurement Technical Assistance Cooperative Agree12 ment Program, of which not less than $3,600,000 shall 

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

14 Provided further, That none of the funds appropriated or 

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

16 or implement the consolidation of a budget or appropria17 tions liaison office of the Office of the Secretary of De18 fense, the office of the Secretary of a military department, 

19 or the service headquarters of one of the Armed Forces 

20 into a legislative affairs or legislative liaison office. 

21 OPERATION AND MAINTENANCE, ARMY RESERVE

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance, including training, or24 ganization, and administration, of the Army Reserve; re25 pair of facilities and equipment; hire of passenger motor 


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1 vehicles; travel and transportation; care of the dead; re2 cruiting; procurement of services, supplies, and equip3 ment; and communications,$2,621,196,000. 

4 OPERATION AND MAINTENANCE, NAVY RESERVE

5 For expenses, not otherwise provided for, necessary 

6 for the operation and maintenance, including training, or7 ganization, and administration, of the Navy Reserve; re8 pair of facilities and equipment; hire of passenger motor 

9 vehicles; travel and transportation; care of the dead; re10 cruiting; procurement of services, supplies, and equip11 ment; and communications, $1,280,001,000. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 RESERVE

14 For expenses, not otherwise provided for, necessary 

15 for the operation and maintenance, including training, or16 ganization, and administration, of the Marine Corps Re17 serve; repair of facilities and equipment; hire of passenger 

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

19 recruiting; procurement of services, supplies, and equip20 ment; and communications, $228,925,000. 

21 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance, including training, or24 ganization, and administration, of the Air Force Reserve; 

25 repair of facilities and equipment; hire of passenger motor 


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1 vehicles; travel and transportation; care of the dead; re2 cruiting; procurement of services, supplies, and equip3 ment; and communications, $3,079,228,000. 

4 OPERATION AND MAINTENANCE, ARMY NATIONAL

5 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 

9 hospitals; maintenance, operation, and repairs to struc10 tures and facilities; hire of passenger motor vehicles; per11 sonnel services in the National Guard Bureau; travel ex12 penses (other than mileage), as authorized by law for 

13 Army personnel on active duty, for Army National Guard 

14 division, regimental, and battalion commanders while in15 specting units in compliance with National Guard Bureau 

16 regulations when specifically authorized by the Chief, Na17 tional Guard Bureau; supplying and equipping the Army 

18 National Guard as authorized by law; and expenses of re19 pair, modification, maintenance, and issue of supplies and 

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

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 

25 hospitals; maintenance, operation, and repairs to strucVerDate Nov 24 2008 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS H3326

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1 tures and facilities; transportation of things, hire of pas2 senger motor vehicles; supplying and equipping the Air 

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

4 modification, maintenance, and issue of supplies and 

5 equipment, including those furnished from stocks under 

6 the control of agencies of the Department of Defense; 

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

8 authorized by law for Air National Guard personnel on 

9 active Federal duty, for Air National Guard commanders 

10 while inspecting units in compliance with National Guard 

11 Bureau regulations when specifically authorized by the 

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

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, 

17 $13,932,000, of which not to exceed $5,000 may be used 

18 for official representation purposes. 

19 ENVIRONMENTAL RESTORATION, ARMY

20 (INCLUDING TRANSFER OF FUNDS)

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

22 remain available until transferred: Provided, That the Sec23 retary of the Army shall, upon determining that such 

24 funds are required for environmental restoration, reduc25 tion and recycling of hazardous waste, removal of unsafe 


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

2 for similar purposes, transfer the funds made available by 

3 this appropriation to other appropriations made available 

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

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

6 time period as the appropriations to which transferred: 

7 Provided further, That upon a determination that all or 

8 part of the funds transferred from this appropriation are 

9 not necessary for the purposes provided herein, such 

10 amounts may be transferred back to this appropriation: 

11 Provided further, That the transfer authority provided 

12 under this heading is in addition to any other transfer au13 thority provided elsewhere in this Act. 

14 ENVIRONMENTAL RESTORATION, NAVY

15 (INCLUDING TRANSFER OF FUNDS)

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

17 remain available until transferred: Provided, That the Sec18 retary of the Navy shall, upon determining that such 

19 funds are required for environmental restoration, reduc20 tion and recycling of hazardous waste, removal of unsafe 

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

22 for similar purposes, transfer the funds made available by 

23 this appropriation to other appropriations made available 

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

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


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1 time period as the appropriations to which transferred: 

2 Provided further, That upon a determination that all or 

3 part of the funds transferred from this appropriation are 

4 not necessary for the purposes provided herein, such 

5 amounts may be transferred back to this appropriation: 

6 Provided further, That the transfer authority provided 

7 under this heading is in addition to any other transfer au8 thority provided elsewhere in 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 un16 safe buildings and debris of the Department of the Air 

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

18 available by this appropriation to other appropriations 

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

20 merged with and to be available for the same purposes 

21 and for the same time period as the appropriations to 

22 which transferred: Provided further, That upon a deter23 mination that all or part of the funds transferred from 

24 this appropriation are not necessary for the purposes pro25 vided herein, such amounts may be transferred back to 


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1 this appropriation: Provided further, That the transfer au2 thority provided under this heading is in addition to any 

3 other transfer authority 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 re7 main available until transferred: Provided, That the Sec8 retary of Defense shall, upon determining that such funds 

9 are required for environmental restoration, reduction and 

10 recycling of hazardous waste, removal of unsafe buildings 

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

12 purposes, transfer the funds made available by this appro13 priation to other appropriations made available to the De14 partment of Defense, to be merged with and to be avail15 able for the same purposes and for the same time period 

16 as the appropriations to which transferred: Provided fur17 ther, That upon a determination that all or part of the 

18 funds transferred from this appropriation are not nec19 essary for the purposes provided herein, such amounts 

20 may be transferred back to this appropriation: Provided 

21 further, That the transfer authority provided under this 

22 heading is in addition to any other transfer authority pro23 vided 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, $277,700,000, to 

5 remain available until transferred: Provided, That the Sec6 retary of the Army shall, upon determining that such 

7 funds are required for environmental restoration, reduc8 tion and recycling of hazardous waste, removal of unsafe 

9 buildings and debris at sites formerly used by the Depart10 ment of Defense, transfer the funds made available by this 

11 appropriation to other appropriations made available to 

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

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

14 period as the appropriations to which transferred: Pro15 vided further, That upon a determination that all or part 

16 of the funds transferred from this appropriation are not 

17 necessary for the purposes provided herein, such amounts 

18 may be transferred back to this appropriation: Provided 

19 further, That the transfer authority provided under this 

20 heading is in addition to any other transfer authority pro21 vided elsewhere in 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 

25 Defense (consisting of the programs provided under secVerDate Nov 24 2008 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS H3326

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1 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

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

3 until September 30, 2011. 

4 COOPERATIVE THREAT REDUCTION ACCOUNT

5 For assistance to the republics of the former Soviet 

6 Union, including assistance provided by contract or by 

7 grants, for facilitating the elimination and the safe and 

8 secure transportation and storage of nuclear, chemical and 

9 other weapons; for establishing programs to prevent the 

10 proliferation of weapons, weapons components, and weap11 on-related technology and expertise; for programs relating 

12 to the training and support of defense and military per13 sonnel for demilitarization and protection of weapons, 

14 weapons components and weapons technology and exper15 tise, and for defense and military contacts, $404,093,000, 

16 to remain available until September 30, 2012. 

17 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

18 DEVELOPMENT FUND

19 For the Department of Defense Acquisition Work20 force Development Fund, $100,000,000. 

21 TITLE III 

22 PROCUREMENT 

23 AIRCRAFT PROCUREMENT, ARMY

24 For construction, procurement, production, modifica25 tion, and modernization of aircraft, equipment, including 


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1 ordnance, ground handling equipment, spare parts, and 

2 accessories therefor; specialized equipment and training 

3 devices; expansion of public and private plants, including 

4 the land necessary therefor, for the foregoing purposes, 

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

6 and construction prosecuted thereon prior to approval of 

7 title; and procurement and installation of equipment, ap8 pliances, and machine tools in public and private plants; 

9 reserve plant and Government and contractor-owned 

10 equipment layaway; and other expenses necessary for the 

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

12 for obligation until September 30, 2012. 

13 MISSILE PROCUREMENT, ARMY

14 For construction, procurement, production, modifica15 tion, and modernization of missiles, equipment, including 

16 ordnance, ground handling equipment, spare parts, and 

17 accessories therefor; specialized equipment and training 

18 devices; expansion of public and private plants, including 

19 the land necessary therefor, for the foregoing purposes, 

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

21 and construction prosecuted thereon prior to approval of 

22 title; and procurement and installation of equipment, ap23 pliances, and machine tools in public and private plants; 

24 reserve plant and Government and contractor-owned 

25 equipment layaway; and other expenses necessary for the 


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

2 for obligation until September 30, 2012. 

3 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

4 VEHICLES, ARMY

5 For construction, procurement, production, and 

6 modification of weapons and tracked combat vehicles, 

7 equipment, including ordnance, spare parts, and acces8 sories therefor; specialized equipment and training devices; 

9 expansion of public and private plants, including the land 

10 necessary therefor, for the foregoing purposes, and such 

11 lands and interests therein, may be acquired, and con12 struction prosecuted thereon prior to approval of title; and 

13 procurement and installation of equipment, appliances, 

14 and machine tools in public and private plants; reserve 

15 plant and Government and contractor-owned equipment 

16 layaway; and other expenses necessary for the foregoing 

17 purposes, $2,681,952,000, to remain available for obliga18 tion until September 30, 2012. 

19 PROCUREMENT OF AMMUNITION, ARMY

20 For construction, procurement, production, and 

21 modification of ammunition, and accessories therefor; spe22 cialized equipment and training devices; expansion of pub23 lic and private plants, including ammunition facilities, au24 thorized by section 2854 of title 10, United States Code, 

25 and the land necessary therefor, for the foregoing purVerDate Nov 24 2008 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS H3326

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1 poses, and such lands and interests therein, may be ac2 quired, and construction prosecuted thereon prior to ap3 proval of title; and procurement and installation of equip4 ment, appliances, and machine tools in public and private 

5 plants; reserve plant and Government and contractor6 owned equipment layaway; and other expenses necessary 

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

8 available for obligation until September 30, 2012. 

9 OTHER PROCUREMENT, ARMY

10 For construction, procurement, production, and 

11 modification of vehicles, including tactical, support, and 

12 non-tracked combat vehicles; the purchase of passenger 

13 motor vehicles for replacement only; communications and 

14 electronic equipment; other support equipment; spare 

15 parts, ordnance, and accessories therefor; specialized 

16 equipment and training devices; expansion of public and 

17 private plants, including the land necessary therefor, for 

18 the foregoing purposes, and such lands and interests 

19 therein, may be acquired, and construction prosecuted 

20 thereon prior to approval of title; and procurement and 

21 installation of equipment, appliances, and machine tools 

22 in public and private plants; reserve plant and Govern23 ment and contractor-owned equipment layaway; and other 

24 expenses necessary for the foregoing purposes, 


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1 $9,293,801,000, to remain available for obligation until 

2 September 30, 2012. 

3 AIRCRAFT PROCUREMENT, NAVY

4 For construction, procurement, production, modifica5 tion, and modernization of aircraft, equipment, including 

6 ordnance, spare parts, and accessories therefor; specialized 

7 equipment; expansion of public and private plants, includ8 ing the land necessary therefor, and such lands and inter9 ests therein, may be acquired, and construction prosecuted 

10 thereon prior to approval of title; and procurement and 

11 installation of equipment, appliances, and machine tools 

12 in public and private plants; reserve plant and Govern13 ment and contractor-owned equipment layaway, 

14 $18,325,481,000, to remain available for obligation until 

15 September 30, 2012. 

16 WEAPONS PROCUREMENT, NAVY

17 For construction, procurement, production, modifica18 tion, and modernization of missiles, torpedoes, other weap19 ons, and related support equipment including spare parts, 

20 and accessories therefor; expansion of public and private 

21 plants, including the land necessary therefor, and such 

22 lands and interests therein, may be acquired, and con23 struction prosecuted thereon prior to approval of title; and 

24 procurement and installation of equipment, appliances, 

25 and machine tools in public and private plants; reserve 


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1 plant and Government and contractor-owned equipment 

2 layaway, $3,226,403,000, to remain available for obliga3 tion until September 30, 2012. 

4 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

5 CORPS

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, $794,886,000, to remain avail19 able for obligation until September 30, 2012. 

20 SHIPBUILDING AND CONVERSION, NAVY

21 For expenses necessary for the construction, acquisi22 tion, or conversion of vessels as authorized by law, includ23 ing armor and armament thereof, plant equipment, appli24 ances, and machine tools and installation thereof in public 

25 and private plants; reserve plant and Government and conVerDate Nov 24 2008 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS H3326

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1 tractor-owned equipment layaway; procurement of critical, 

2 long lead time components and designs for vessels to be 

3 constructed or converted in the future; and expansion of 

4 public and private plants, including land necessary there5 for, and such lands and interests therein, may be acquired, 

6 and construction prosecuted thereon prior to approval of 

7 title, as follows: 

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

9 Carrier Replacement Program (AP), 

10 $484,432,000. 

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

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

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

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

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

16 DDG–51 Destroyer, $1,912,267,000. 

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

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

19 LPD–17, $872,392,000. 

20 LPD–17 (AP), $184,555,000. 

21 Intratheater Connector, $357,956,000. 

22 LCAC Service Life Extension Program, 

23 $63,857,000. 

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

25 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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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, 

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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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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, 

25 $8,300,000 is hereby appropriated to the Secretary of DeVerDate Nov 24 2008 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS H3326

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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 

25 $439,615,000 to remain available until transferred: ProVerDate Nov 24 2008 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS H3326

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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 

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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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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, 

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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 

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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 

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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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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 04:38 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\H3326.RFS 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’’. 

Passed the House of Representatives July 30, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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