In the House of Representatives, U. S., 

December 16, 2009. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 3326) entitled ‘‘An Act making appropriations for the Department of Defense for the fiscal 

year ending September 30, 2010, and for other purposes.’’, 

with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate, insert the following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of Defense 

3 Appropriations Act, 2010’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 

Title IX—Overseas Contingency Operations 

DIVISION B—OTHER MATTERS 
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1 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 

6 DIVISION A—DEPARTMENT OF DEFENSE 

7 APPROPRIATIONS 

8 The following sums are appropriated, out of any 

9 money in the Treasury not otherwise appropriated, for the 

10 fiscal year ending September 30, 2010, for military func11 tions administered by the Department of Defense and for 

12 other purposes, namely: 

13 TITLE I 

14 MILITARY PERSONNEL 

15 MILITARY PERSONNEL, ARMY

16 For pay, allowances, individual clothing, subsistence, 

17 interest on deposits, gratuities, permanent change of station 

18 travel (including all expenses thereof for organizational 

19 movements), and expenses of temporary duty travel between 

20 permanent duty stations, for members of the Army on active 

21 duty, (except members of reserve components provided for 

22 elsewhere), cadets, and aviation cadets; for members of the 

23 Reserve Officers’ Training Corps; and for payments pursu24 ant to section 156 of Public Law 97–377, as amended (42 

25 U.S.C. 402 note), and to the Department of Defense Mili26 tary Retirement Fund, $41,005,612,000. 
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1 MILITARY PERSONNEL, NAVY

2 For pay, allowances, individual clothing, subsistence, 

3 interest on deposits, gratuities, permanent change of station 

4 travel (including all expenses thereof for organizational 

5 movements), and expenses of temporary duty travel between 

6 permanent duty stations, for members of the Navy on active 

7 duty (except members of the Reserve provided for elsewhere), 

8 midshipmen, and aviation cadets; for members of the Re9 serve Officers’ Training Corps; and for payments pursuant 

10 to section 156 of Public Law 97–377, as amended (42 

11 U.S.C. 402 note), and to the Department of Defense Mili12 tary Retirement Fund, $25,289,049,000. 

13 MILITARY PERSONNEL, MARINE CORPS

14 For pay, allowances, individual clothing, subsistence, 

15 interest on deposits, gratuities, permanent change of station 

16 travel (including all expenses thereof for organizational 

17 movements), and expenses of temporary duty travel between 

18 permanent duty stations, for members of the Marine Corps 

19 on active duty (except members of the Reserve provided for 

20 elsewhere); and for payments pursuant to section 156 of 

21 Public Law 97–377, as amended (42 U.S.C. 402 note), and 

22 to the Department of Defense Military Retirement Fund, 

23 $12,799,990,000. 
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1 MILITARY PERSONNEL, AIR FORCE

2 For pay, allowances, individual clothing, subsistence, 

3 interest on deposits, gratuities, permanent change of station 

4 travel (including all expenses thereof for organizational 

5 movements), and expenses of temporary duty travel between 

6 permanent duty stations, for members of the Air Force on 

7 active duty (except members of reserve components provided 

8 for elsewhere), cadets, and aviation cadets; for members of 

9 the Reserve Officers’ Training Corps; and for payments 

10 pursuant to section 156 of Public Law 97–377, as amended 

11 (42 U.S.C. 402 note), and to the Department of Defense 

12 Military Retirement Fund, $26,174,136,000. 

13 RESERVE PERSONNEL, ARMY

14 For pay, allowances, clothing, subsistence, gratuities, 

15 travel, and related expenses for personnel of the Army Re16 serve on active duty under sections 10211, 10302, and 3038 

17 of title 10, United States Code, or while serving on active 

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

19 in connection with performing duty specified in section 

20 12310(a) of title 10, United States Code, or while under21 going reserve training, or while performing drills or equiva22 lent duty or other duty, and expenses authorized by section 

23 16131 of title 10, United States Code; and for payments 

24 to the Department of Defense Military Retirement Fund, 

25 $4,304,713,000. 
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1 RESERVE PERSONNEL, NAVY

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

3 travel, and related expenses for personnel of the Navy Re4 serve on active duty under section 10211 of title 10, United 

5 States Code, or while serving on active duty under section 

6 12301(d) of title 10, United States Code, in connection with 

7 performing duty specified in section 12310(a) of title 10, 

8 United States Code, or while undergoing reserve training, 

9 or while performing drills or equivalent duty, and expenses 

10 authorized by section 16131 of title 10, United States Code; 

11 and for payments to the Department of Defense Military 

12 Retirement Fund, $1,909,301,000. 

13 RESERVE PERSONNEL, MARINE CORPS

14 For pay, allowances, clothing, subsistence, gratuities, 

15 travel, and related expenses for personnel of the Marine 

16 Corps Reserve on active duty under section 10211 of title 

17 10, United States Code, or while serving on active duty 

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

19 connection with performing duty specified in section 

20 12310(a) of title 10, United States Code, or while under21 going reserve training, or while performing drills or equiva22 lent duty, and for members of the Marine Corps platoon 

23 leaders class, and expenses authorized by section 16131 of 

24 title 10, United States Code; and for payments to the De-
6 

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1 partment of Defense Military Retirement Fund, 

2 $613,500,000. 

3 RESERVE PERSONNEL, AIR FORCE

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

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

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

7 8038 of title 10, United States Code, or while serving on 

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

9 Code, in connection with performing duty specified in sec10 tion 12310(a) of title 10, United States Code, or while un11 dergoing reserve training, or while performing drills or 

12 equivalent duty or other duty, and expenses authorized by 

13 section 16131 of title 10, United States Code; and for pay14 ments to the Department of Defense Military Retirement 

15 Fund, $1,589,412,000. 

16 NATIONAL GUARD PERSONNEL, ARMY

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

18 travel, and related expenses for personnel of the Army Na19 tional Guard while on duty under section 10211, 10302, 

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

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

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

23 in connection with performing duty specified in section 

24 12310(a) of title 10, United States Code, or while under25 going training, or while performing drills or equivalent 
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1 duty or other duty, and expenses authorized by section 

2 16131 of title 10, United States Code; and for payments 

3 to the Department of Defense Military Retirement Fund, 

4 $7,546,905,000. 

5 NATIONAL GUARD PERSONNEL, AIR FORCE

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Air Na8 tional Guard on duty under section 10211, 10305, or 12402 

9 of title 10 or section 708 of title 32, United States Code, 

10 or while serving on duty under section 12301(d) of title 10 

11 or section 502(f) of title 32, United States Code, in connec12 tion with performing duty specified in section 12310(a) of 

13 title 10, United States Code, or while undergoing training, 

14 or while performing drills or equivalent duty or other duty, 

15 and expenses authorized by section 16131 of title 10, United 

16 States Code; and for payments to the Department of Defense 

17 Military Retirement Fund, $2,938,229,000. 

18 TITLE II 

19 OPERATION AND MAINTENANCE 

20 OPERATION AND MAINTENANCE, ARMY

21 For expenses, not otherwise provided for, necessary for 

22 the operation and maintenance of the Army, as authorized 

23 by law; and not to exceed $12,478,000 can be used for emer24 gencies and extraordinary expenses, to be expended on the 

25 approval or authority of the Secretary of the Army, and 
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1 payments may be made on his certificate of necessity for 

2 confidential military purposes, $30,934,550,000. 

3 OPERATION AND MAINTENANCE, NAVY

4 For expenses, not otherwise provided for, necessary for 

5 the operation and maintenance of the Navy and the Marine 

6 Corps, as authorized by law; and not to exceed $14,657,000 

7 can be used for emergencies and extraordinary expenses, to 

8 be expended on the approval or authority of the Secretary 

9 of the Navy, and payments may be made on his certificate 

10 of necessity for confidential military purposes, 

11 $34,714,396,000. 

12 OPERATION AND MAINTENANCE, MARINE CORPS

13 For expenses, not otherwise provided for, necessary for 

14 the operation and maintenance of the Marine Corps, as au15 thorized by law, $5,539,117,000. 

16 OPERATION AND MAINTENANCE, AIR FORCE

17 For expenses, not otherwise provided for, necessary for 

18 the operation and maintenance of the Air Force, as author19 ized by law; and not to exceed $7,699,000 can be used for 

20 emergencies and extraordinary expenses, to be expended on 

21 the approval or authority of the Secretary of the Air Force, 

22 and payments may be made on his certificate of necessity 

23 for confidential military purposes, $33,477,116,000. 
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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For expenses, not otherwise provided for, necessary for 

4 the operation and maintenance of activities and agencies 

5 of the Department of Defense (other than the military de6 partments), as authorized by law, $28,115,793,000: Pro7 vided, That not more than $50,000,000 may be used for 

8 the Combatant Commander Initiative Fund authorized 

9 under section 166a of title 10, United States Code: Provided 

10 further, That not to exceed $36,000,000 can be used for 

11 emergencies and extraordinary expenses, to be expended on 

12 the approval or authority of the Secretary of Defense, and 

13 payments may be made on his certificate of necessity for 

14 confidential military purposes: Provided further, That of 

15 the funds provided under this heading, not less than 

16 $29,732,000 shall be made available for the Procurement 

17 Technical Assistance Cooperative Agreement Program, of 

18 which not less than $3,600,000 shall be available for centers 

19 defined in 10 U.S.C. 2411(1)(D): Provided further, That 

20 none of the funds appropriated or otherwise made available 

21 by this Act may be used to plan or implement the consolida22 tion of a budget or appropriations liaison office of the Office 

23 of the Secretary of Defense, the office of the Secretary of 

24 a military department, or the service headquarters of one 

25 of the Armed Forces into a legislative affairs or legislative 
10 

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1 liaison office: Provided further, That $6,667,000, to remain 

2 available until expended, is available only for expenses re3 lating to certain classified activities, and may be trans4 ferred as necessary by the Secretary to operation and main5 tenance appropriations or research, development, test and 

6 evaluation appropriations, to be merged with and to be 

7 available for the same time period as the appropriations 

8 to which transferred: Provided further, That any ceiling on 

9 the investment item unit cost of items that may be pur10 chased with operation and maintenance funds shall not 

11 apply to the funds described in the preceding proviso: Pro12 vided further, That the transfer authority provided under 

13 this heading is in addition to any other transfer authority 

14 provided elsewhere in this Act. 

15 OPERATION AND MAINTENANCE, ARMY RESERVE

16 For expenses, not otherwise provided for, necessary for 

17 the operation and maintenance, including training, organi18 zation, and administration, of the Army Reserve; repair of 

19 facilities and equipment; hire of passenger motor vehicles; 

20 travel and transportation; care of the dead; recruiting; pro21 curement of services, supplies, and equipment; and commu22 nications, $2,617,496,000. 

23 OPERATION AND MAINTENANCE, NAVY RESERVE

24 For expenses, not otherwise provided for, necessary for 

25 the operation and maintenance, including training, organi-
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1 zation, and administration, of the Navy Reserve; repair of 

2 facilities and equipment; hire of passenger motor vehicles; 

3 travel and transportation; care of the dead; recruiting; pro4 curement of services, supplies, and equipment; and commu5 nications, $1,273,701,000. 

6 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

7 For expenses, not otherwise provided for, necessary for 

8 the operation and maintenance, including training, organi9 zation, and administration, of the Marine Corps Reserve; 

10 repair of facilities and equipment; hire of passenger motor 

11 vehicles; travel and transportation; care of the dead; recruit12 ing; procurement of services, supplies, and equipment; and 

13 communications, $223,175,000. 

14 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

15 For expenses, not otherwise provided for, necessary for 

16 the operation and maintenance, including training, organi17 zation, and administration, of the Air Force Reserve; repair 

18 of facilities and equipment; hire of passenger motor vehicles; 

19 travel and transportation; care of the dead; recruiting; pro20 curement of services, supplies, and equipment; and commu21 nications, $3,131,200,000. 

22 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

23 For expenses of training, organizing, and admin24 istering the Army National Guard, including medical and 

25 hospital treatment and related expenses in non-Federal hos-
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1 pitals; maintenance, operation, and repairs to structures 

2 and facilities; hire of passenger motor vehicles; personnel 

3 services in the National Guard Bureau; travel expenses 

4 (other than mileage), as authorized by law for Army per5 sonnel on active duty, for Army National Guard division, 

6 regimental, and battalion commanders while inspecting 

7 units in compliance with National Guard Bureau regula8 tions when specifically authorized by the Chief, National 

9 Guard Bureau; supplying and equipping the Army Na10 tional Guard as authorized by law; and expenses of repair, 

11 modification, maintenance, and issue of supplies and 

12 equipment (including aircraft), $6,189,713,000. 

13 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

14 For expenses of training, organizing, and admin15 istering the Air National Guard, including medical and 

16 hospital treatment and related expenses in non-Federal hos17 pitals; maintenance, operation, and repairs to structures 

18 and facilities; transportation of things, hire of passenger 

19 motor vehicles; supplying and equipping the Air National 

20 Guard, as authorized by law; expenses for repair, modifica21 tion, maintenance, and issue of supplies and equipment, 

22 including those furnished from stocks under the control of 

23 agencies of the Department of Defense; travel expenses (other 

24 than mileage) on the same basis as authorized by law for 

25 Air National Guard personnel on active Federal duty, for 
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1 Air National Guard commanders while inspecting units in 

2 compliance with National Guard Bureau regulations when 

3 specifically authorized by the Chief, National Guard Bu4 reau, $5,882,251,000. 

5 UNITED STATES COURT OF APPEALS FOR THE ARMED

6 FORCES

7 For salaries and expenses necessary for the United 

8 States Court of Appeals for the Armed Forces, $13,932,000, 

9 of which not to exceed $5,000 may be used for official rep10 resentation purposes. 

11 ENVIRONMENTAL RESTORATION, ARMY

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of the Army, $423,364,000, to re14 main available until transferred: Provided, That the Sec15 retary of the Army shall, upon determining that such funds 

16 are required for environmental restoration, reduction and 

17 recycling of hazardous waste, removal of unsafe buildings 

18 and debris of the Department of the Army, or for similar 

19 purposes, transfer the funds made available by this appro20 priation to other appropriations made available to the De21 partment of the Army, to be merged with and to be available 

22 for the same purposes and for the same time period as the 

23 appropriations to which transferred: Provided further, That 

24 upon a determination that all or part of the funds trans25 ferred from this appropriation are not necessary for the 
14 

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1 purposes provided herein, such amounts may be transferred 

2 back to this appropriation: Provided further, That the 

3 transfer authority provided under this heading is in addi4 tion to any other transfer authority provided elsewhere in 

5 this Act. 

6 ENVIRONMENTAL RESTORATION, NAVY

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Navy, $285,869,000, to re9 main available until transferred: Provided, That the Sec10 retary of the Navy shall, upon determining that such funds 

11 are required for environmental restoration, reduction and 

12 recycling of hazardous waste, removal of unsafe buildings 

13 and debris of the Department of the Navy, or for similar 

14 purposes, transfer the funds made available by this appro15 priation to other appropriations made available to the De16 partment of the Navy, to be merged with and to be available 

17 for the same purposes and for the same time period as the 

18 appropriations to which transferred: Provided further, That 

19 upon a determination that all or part of the funds trans20 ferred from this appropriation are not necessary for the 

21 purposes provided herein, such amounts may be transferred 

22 back to this appropriation: Provided further, That the 

23 transfer authority provided under this heading is in addi24 tion to any other transfer authority provided elsewhere in 

25 this Act. 
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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

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

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of unsafe 

8 buildings and debris of the Department of the Air Force, 

9 or for similar purposes, transfer the funds made available 

10 by this appropriation to other appropriations made avail11 able to the Department of the Air Force, to be merged with 

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

13 time period as the appropriations to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

19 under this heading is in addition to any other transfer au20 thority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $11,100,000, to remain 

24 available until transferred: Provided, That the Secretary of 

25 Defense shall, upon determining that such funds are re-
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1 quired for environmental restoration, reduction and recy2 cling of hazardous waste, removal of unsafe buildings and 

3 debris of the Department of Defense, or for similar purposes, 

4 transfer the funds made available by this appropriation to 

5 other appropriations made available to the Department of 

6 Defense, to be merged with and to be available for the same 

7 purposes and for the same time period as the appropria8 tions to which transferred: Provided further, That upon a 

9 determination that all or part of the funds transferred from 

10 this appropriation are not necessary for the purposes pro11 vided herein, such amounts may be transferred back to this 

12 appropriation: Provided further, That the transfer author13 ity provided under this heading is in addition to any other 

14 transfer authority provided elsewhere in this Act. 

15 ENVIRONMENTAL RESTORATION, FORMERLY USED

16 DEFENSE SITES

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $292,700,000, to re19 main available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such funds 

21 are required for environmental restoration, reduction and 

22 recycling of hazardous waste, removal of unsafe buildings 

23 and debris at sites formerly used by the Department of De24 fense, transfer the funds made available by this appropria25 tion to other appropriations made available to the Depart-
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1 ment of the Army, to be merged with and to be available 

2 for the same purposes and for the same time period as the 

3 appropriations to which transferred: Provided further, That 

4 upon a determination that all or part of the funds trans5 ferred from this appropriation are not necessary for the 

6 purposes provided herein, such amounts may be transferred 

7 back to this appropriation: Provided further, That the 

8 transfer authority provided under this heading is in addi9 tion to any other transfer authority provided elsewhere in 

10 this Act. 

11 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

12 For expenses relating to the Overseas Humanitarian, 

13 Disaster, and Civic Aid programs of the Department of De14 fense (consisting of the programs provided under sections 

15 401, 402, 404, 407, 2557, and 2561 of title 10, United 

16 States Code), $109,869,000, to remain available until Sep17 tember 30, 2011. 

18 COOPERATIVE THREAT REDUCTION ACCOUNT

19 For assistance to the republics of the former Soviet 

20 Union and, with appropriate authorization by the Depart21 ment of Defense and Department of State, to countries out22 side of the former Soviet Union, including assistance pro23 vided by contract or by grants, for facilitating the elimi24 nation and the safe and secure transportation and storage 

25 of nuclear, chemical and other weapons; for establishing 
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1 programs to prevent the proliferation of weapons, weapons 

2 components, and weapon-related technology and expertise; 

3 for programs relating to the training and support of defense 

4 and military personnel for demilitarization and protection 

5 of weapons, weapons components and weapons technology 

6 and expertise, and for defense and military contacts, 

7 $424,093,000, to remain available until September 30, 

8 2012: Provided, That of the amounts provided under this 

9 heading, not less than $15,000,000 shall be available only 

10 to support the dismantling and disposal of nuclear sub11 marines, submarine reactor components, and security en12 hancements for transport and storage of nuclear warheads 

13 in the Russian Far East and North. 

14 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

15 DEVELOPMENT FUND

16 For the Department of Defense Acquisition Workforce 

17 Development Fund, $100,000,000. 

18 TITLE III 

19 PROCUREMENT 

20 AIRCRAFT PROCUREMENT, ARMY

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

23 ordnance, ground handling equipment, spare parts, and ac24 cessories therefor; specialized equipment and training de25 vices; expansion of public and private plants, including the 
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1 land necessary therefor, for the foregoing purposes, and such 

2 lands and interests therein, may be acquired, and construc3 tion prosecuted thereon prior to approval of title; and pro4 curement and installation of equipment, appliances, and 

5 machine tools in public and private plants; reserve plant 

6 and Government and contractor-owned equipment layaway; 

7 and other expenses necessary for the foregoing purposes, 

8 $5,093,822,000, to remain available for obligation until 

9 September 30, 2012. 

10 MISSILE PROCUREMENT, ARMY

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

13 ordnance, ground handling equipment, spare parts, and ac14 cessories therefor; specialized equipment and training de15 vices; expansion of public and private plants, including the 

16 land necessary therefor, for the foregoing purposes, and such 

17 lands and interests therein, may be acquired, and construc18 tion prosecuted thereon prior to approval of title; and pro19 curement and installation of equipment, appliances, and 

20 machine tools in public and private plants; reserve plant 

21 and Government and contractor-owned equipment layaway; 

22 and other expenses necessary for the foregoing purposes, 

23 $1,251,053,000, to remain available for obligation until 

24 September 30, 2012. 
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1 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

2 VEHICLES, ARMY

3 For construction, procurement, production, and modi4 fication of weapons and tracked combat vehicles, equipment, 

5 including ordnance, spare parts, and accessories therefor; 

6 specialized equipment and training devices; expansion of 

7 public and private plants, including the land necessary 

8 therefor, for the foregoing purposes, and such lands and in9 terests therein, may be acquired, and construction pros10 ecuted thereon prior to approval of title; and procurement 

11 and installation of equipment, appliances, and machine 

12 tools in public and private plants; reserve plant and Gov13 ernment and contractor-owned equipment layaway; and 

14 other expenses necessary for the foregoing purposes, 

15 $2,335,807,000, to remain available for obligation until 

16 September 30, 2012. 

17 PROCUREMENT OF AMMUNITION, ARMY

18 For construction, procurement, production, and modi19 fication of ammunition, and accessories therefor; specialized 

20 equipment and training devices; expansion of public and 

21 private plants, including ammunition facilities, authorized 

22 by section 2854 of title 10, United States Code, and the 

23 land necessary therefor, for the foregoing purposes, and such 

24 lands and interests therein, may be acquired, and construc25 tion prosecuted thereon prior to approval of title; and pro-
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•HR 3326 EAH 

1 curement and installation of equipment, appliances, and 

2 machine tools in public and private plants; reserve plant 

3 and Government and contractor-owned equipment layaway; 

4 and other expenses necessary for the foregoing purposes, 

5 $2,056,115,000, to remain available for obligation until 

6 September 30, 2012. 

7 OTHER PROCUREMENT, ARMY

8 For construction, procurement, production, and modi9 fication of vehicles, including tactical, support, and non10 tracked combat vehicles; the purchase of passenger motor ve11 hicles for replacement only; and the purchase of eight vehi12 cles required for physical security of personnel, notwith13 standing price limitations applicable to passenger vehicles 

14 but not to exceed $250,000 per vehicle; communications and 

15 electronic equipment; other support equipment; spare parts, 

16 ordnance, and accessories therefor; specialized equipment 

17 and training devices; expansion of public and private 

18 plants, including the land necessary therefor, for the fore19 going purposes, and such lands and interests therein, may 

20 be acquired, and construction prosecuted thereon prior to 

21 approval of title; and procurement and installation of 

22 equipment, appliances, and machine tools in public and 

23 private plants; reserve plant and Government and con24 tractor-owned equipment layaway; and other expenses nec-
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1 essary for the foregoing purposes, $8,582,660,000, to remain 

2 available for obligation until 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 in11 stallation of equipment, appliances, and machine tools in 

12 public and private plants; reserve plant and Government 

13 and contractor-owned equipment layaway, 

14 $18,643,221,000, 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 construc23 tion prosecuted thereon prior to approval of title; and pro24 curement and installation of equipment, appliances, and 

25 machine tools in public and private plants; reserve plant 
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1 and Government and contractor-owned equipment layaway, 

2 $3,357,572,000, to remain available for obligation until 

3 September 30, 2012. 

4 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

5 CORPS

6 For construction, procurement, production, and modi7 fication of ammunition, and accessories therefor; specialized 

8 equipment and training devices; expansion of public and 

9 private plants, including ammunition facilities, authorized 

10 by section 2854 of title 10, United States Code, and the 

11 land necessary therefor, for the foregoing purposes, and such 

12 lands and interests therein, may be acquired, and construc13 tion prosecuted thereon prior to approval of title; and pro14 curement and installation of equipment, appliances, and 

15 machine tools in public and private plants; reserve plant 

16 and Government and contractor-owned equipment layaway; 

17 and other expenses necessary for the foregoing purposes, 

18 $800,651,000, to remain available for obligation until Sep19 tember 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 con-
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1 tractor-owned equipment layaway; procurement of critical, 

2 long lead time components and designs for vessels to be con3 structed or converted in the future; and expansion of public 

4 and private plants, including land necessary therefor, and 

5 such lands and interests therein, may be acquired, and con6 struction prosecuted thereon prior to approval of title, as 

7 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 DDG–1000 Program, $1,382,797,000; 

16 DDG–51 Destroyer, $1,912,267,000; 

17 DDG–51 Destroyer (AP), $578,996,000; 

18 Littoral Combat Ship, $1,080,000,000; 

19 LPD–17, $872,392,000; 

20 LPD–17 (AP), $184,555,000; 

21 LHA–R (AP), $170,000,000; 

22 Intratheater Connector, $177,956,000; 

23 LCAC Service Life Extension Program, 

24 $63,857,000; 

25 Prior year shipbuilding costs, $144,950,000; 
25 

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1 Service Craft, $3,694,000; and 

2 For outfitting, post delivery, conversions, and 

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

4 In all: $13,881,532,000, to remain available for obliga5 tion until September 30, 2014: Provided, That additional 

6 obligations may be incurred after September 30, 2014, for 

7 engineering services, tests, evaluations, and other such budg8 eted work that must be performed in the final stage of ship 

9 construction: Provided further, That none of the funds pro10 vided under this heading for the construction or conversion 

11 of any naval vessel to be constructed in shipyards in the 

12 United States shall be expended in foreign facilities for the 

13 construction of major components of such vessel: Provided 

14 further, That none of the funds provided under this heading 

15 shall be used for the construction of any naval vessel in 

16 foreign shipyards. 

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, and the 

23 purchase of seven vehicles required for physical security of 

24 personnel, notwithstanding price limitations applicable to 

25 passenger vehicles but not to exceed $250,000 per vehicle; 
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1 expansion of public and private plants, including the land 

2 necessary therefor, and such lands and interests therein, 

3 may be acquired, and construction prosecuted thereon prior 

4 to approval of title; and procurement and installation of 

5 equipment, appliances, and machine tools in public and 

6 private plants; reserve plant and Government and con7 tractor-owned equipment layaway, $5,441,234,000, to re8 main available for obligation until September 30, 2012. 

9 PROCUREMENT, MARINE CORPS

10 For expenses necessary for the procurement, manufac11 ture, and modification of missiles, armament, military 

12 equipment, spare parts, and accessories therefor; plant 

13 equipment, appliances, and machine tools, and installation 

14 thereof in public and private plants; reserve plant and Gov15 ernment and contractor-owned equipment layaway; vehicles 

16 for the Marine Corps, including the purchase of passenger 

17 motor vehicles for replacement only; and expansion of pub18 lic and private plants, including land necessary therefor, 

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

20 construction prosecuted thereon prior to approval of title, 

21 $1,521,505,000, to remain available for obligation until 

22 September 30, 2012. 

23 AIRCRAFT PROCUREMENT, AIR FORCE

24 For construction, procurement, and modification of 

25 aircraft and equipment, including armor and armament, 
27 

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1 specialized ground handling equipment, and training de2 vices, spare parts, and accessories therefor; specialized 

3 equipment; expansion of public and private plants, Govern4 ment-owned equipment and installation thereof in such 

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

6 the foregoing purposes, and such lands and interests therein, 

7 may be acquired, and construction prosecuted thereon prior 

8 to approval of title; reserve plant and Government and con9 tractor-owned equipment layaway; and other expenses nec10 essary for the foregoing purposes including rents and trans11 portation of things, $13,295,474,000, to remain available 

12 for obligation until September 30, 2012; Provided, That 

13 none of the funds provided in this Act for modification of 

14 C–17 aircraft may be obligated until all C–17 contracts 

15 funded with prior year ‘‘Aircraft Procurement, Air Force’’ 

16 appropriated funds are definitized unless the Secretary of 

17 the Air Force certifies in writing to the congressional de18 fense committees that each such obligation is necessary to 

19 meet the needs of a warfighting requirement or prevents in20 creased costs to the taxpayer and provides the reasons for 

21 failing to definitize the prior year contracts along with the 

22 prospective contract definitization schedule. 

23 MISSILE PROCUREMENT, AIR FORCE

24 For construction, procurement, and modification of 

25 missiles, spacecraft, rockets, and related equipment, includ-
28 

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1 ing spare parts and accessories therefor, ground handling 

2 equipment, and training devices; expansion of public and 

3 private plants, Government-owned equipment and installa4 tion thereof in such plants, erection of structures, and ac5 quisition of land, for the foregoing purposes, and such lands 

6 and interests therein, may be acquired, and construction 

7 prosecuted thereon prior to approval of title; reserve plant 

8 and Government and contractor-owned equipment layaway; 

9 and other expenses necessary for the foregoing purposes in10 cluding rents and transportation of things, $5,995,544,000, 

11 to remain available for obligation until September 30, 

12 2012. 

13 PROCUREMENT OF AMMUNITION, AIR FORCE

14 For construction, procurement, production, and modi15 fication of ammunition, and accessories therefor; specialized 

16 equipment and training devices; expansion of public and 

17 private plants, including ammunition facilities, authorized 

18 by section 2854 of title 10, United States Code, and the 

19 land necessary therefor, for the foregoing purposes, and such 

20 lands and interests therein, may be acquired, and construc21 tion prosecuted thereon prior to approval of title; and pro22 curement and installation of equipment, appliances, and 

23 machine tools in public and private plants; reserve plant 

24 and Government and contractor-owned equipment layaway; 

25 and other expenses necessary for the foregoing purposes, 
29 

•HR 3326 EAH 

1 $801,550,000, to remain available for obligation until Sep2 tember 30, 2012. 

3 OTHER PROCUREMENT, AIR FORCE

4 For procurement and modification of equipment (in5 cluding ground guidance and electronic control equipment, 

6 and ground electronic and communication equipment), and 

7 supplies, materials, and spare parts therefor, not otherwise 

8 provided for; the purchase of passenger motor vehicles for 

9 replacement only, and the purchase of two vehicles required 

10 for physical security of personnel, notwithstanding price 

11 limitations applicable to passenger vehicles but not to ex12 ceed $250,000 per vehicle; lease of passenger motor vehicles; 

13 and expansion of public and private plants, Government14 owned equipment and installation thereof in such plants, 

15 erection of structures, and acquisition of land, for the fore16 going purposes, and such lands and interests therein, may 

17 be acquired, and construction prosecuted thereon, prior to 

18 approval of title; reserve plant and Government and con19 tractor-owned equipment layaway, $17,138,239,000, to re20 main available for obligation until September 30, 2012. 

21 PROCUREMENT, DEFENSE-WIDE

22 For expenses of activities and agencies of the Depart23 ment of Defense (other than the military departments) nec24 essary for procurement, production, and modification of 

25 equipment, supplies, materials, and spare parts therefor, 
30 

•HR 3326 EAH 

1 not otherwise provided for; the purchase of passenger motor 

2 vehicles for replacement only; expansion of public and pri3 vate plants, 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 therein, 

6 may be acquired, and construction prosecuted thereon prior 

7 to approval of title; reserve plant and Government and con8 tractor-owned equipment layaway, $4,050,537,000, to re9 main available for obligation until September 30, 2012. 

10 DEFENSE PRODUCTION ACT PURCHASES

11 For activities by the Department of Defense pursuant 

12 to sections 108, 301, 302, and 303 of the Defense Production 

13 Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 

14 $150,746,000, to remain available until expended. 

15 TITLE IV 

16 RESEARCH, DEVELOPMENT, TEST AND 

17 EVALUATION 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

19 For expenses necessary for basic and applied scientific 

20 research, development, test and evaluation, including main21 tenance, rehabilitation, lease, and operation of facilities 

22 and equipment, $11,474,180,000, to remain available for 

23 obligation until September 30, 2011. 
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

2 For expenses necessary for basic and applied scientific 

3 research, development, test and evaluation, including main4 tenance, rehabilitation, lease, and operation of facilities 

5 and equipment, $20,003,463,000, to remain available for 

6 obligation until September 30, 2011: Provided, That funds 

7 appropriated in this paragraph which are available for the 

8 V–22 may be used to meet unique operational requirements 

9 of the Special Operations Forces: Provided further, That 

10 funds appropriated in this paragraph shall be available for 

11 the Cobra Judy program. 

12 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

13 FORCE

14 For expenses necessary for basic and applied scientific 

15 research, development, test and evaluation, including main16 tenance, rehabilitation, lease, and operation of facilities 

17 and equipment, $28,121,985,000, to remain available for 

18 obligation until September 30, 2011. 

19 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

20 DEFENSE-WIDE

21 For expenses of activities and agencies of the Depart22 ment of Defense (other than the military departments), nec23 essary for basic and applied scientific research, develop24 ment, test and evaluation; advanced research projects as 

25 may be designated and determined by the Secretary of De-
32 

•HR 3326 EAH 

1 fense, pursuant to law; maintenance, rehabilitation, lease, 

2 and operation of facilities and equipment, $20,747,081,000, 

3 to remain available for obligation until September 30, 

4 2011, of which $2,500,000 shall be available only for the 

5 Missile Defense Agency to construct a replacement Patriot 

6 launcher pad for the Japanese Ministry of Defense. 

7 OPERATIONAL TEST AND EVALUATION, DEFENSE

8 For expenses, not otherwise provided for, necessary for 

9 the independent activities of the Director, Operational Test 

10 and Evaluation, in the direction and supervision of oper11 ational test and evaluation, including initial operational 

12 test and evaluation which is conducted prior to, and in sup13 port of, production decisions; joint operational testing and 

14 evaluation; and administrative expenses in connection 

15 therewith, $190,770,000, to remain available for obligation 

16 until September 30, 2011. 

17 TITLE V 

18 REVOLVING AND MANAGEMENT FUNDS 

19 DEFENSE WORKING CAPITAL FUNDS

20 For the Defense Working Capital Funds, 

21 $1,455,004,000. 

22 NATIONAL DEFENSE SEALIFT FUND

23 For National Defense Sealift Fund programs, projects, 

24 and activities, and for expenses of the National Defense Re25 serve Fleet, as established by section 11 of the Merchant 
33 

•HR 3326 EAH 

1 Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the 

2 necessary expenses to maintain and preserve a U.S.-flag 

3 merchant fleet to serve the national security needs of the 

4 United States, $1,672,758,000, to remain available until ex5 pended: Provided, That none of the funds provided in this 

6 paragraph shall be used to award a new contract that pro7 vides for the acquisition of any of the following major com8 ponents unless such components are manufactured in the 

9 United States: auxiliary equipment, including pumps, for 

10 all shipboard services; propulsion system components (en11 gines, reduction gears, and propellers); shipboard cranes; 

12 and spreaders for shipboard cranes: Provided further, That 

13 the exercise of an option in a contract awarded through the 

14 obligation of previously appropriated funds shall not be 

15 considered to be the award of a new contract: Provided fur16 ther, That the Secretary of the military department respon17 sible for such procurement may waive the restrictions in 

18 the first proviso on a case-by-case basis by certifying in 

19 writing to the Committees on Appropriations of the House 

20 of Representatives and the Senate that adequate domestic 

21 supplies are not available to meet Department of Defense 

22 requirements on a timely basis and that such an acquisition 

23 must be made in order to acquire capability for national 

24 security purposes. 
34 

•HR 3326 EAH 

1 TITLE VI 

2 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

3 DEFENSE HEALTH PROGRAM

4 For expenses, not otherwise provided for, for medical 

5 and health care programs of the Department of Defense as 

6 authorized by law, $29,243,428,000; of which 

7 $27,596,689,000 shall be for operation and maintenance, of 

8 which not to exceed one percent shall remain available until 

9 September 30, 2011, and of which up to $15,093,539,000 

10 may be available for contracts entered into under the 

11 TRICARE program; of which $366,692,000, to remain 

12 available for obligation until September 30, 2012, shall be 

13 for procurement; and of which $1,280,047,000, to remain 

14 available for obligation until September 30, 2011, shall be 

15 for research, development, test and evaluation: Provided, 

16 That, notwithstanding any other provision of law, of the 

17 amount made available under this heading for research, de18 velopment, test and evaluation, not less than $10,000,000 

19 shall be available for HIV prevention educational activities 

20 undertaken in connection with United States military 

21 training, exercises, and humanitarian assistance activities 

22 conducted primarily in African nations. 
35 

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1 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

2 DEFENSE

3 For expenses, not otherwise provided for, necessary for 

4 the destruction of the United States stockpile of lethal chem5 ical agents and munitions, to include construction of facili6 ties, in accordance with the provisions of section 1412 of 

7 the Department of Defense Authorization Act, 1986 (50 

8 U.S.C. 1521), and for the destruction of other chemical war9 fare materials that are not in the chemical weapon stock10 pile, $1,560,760,000, of which $1,146,802,000 shall be for 

11 operation and maintenance, of which no less than 

12 $84,839,000, shall be for the Chemical Stockpile Emergency 

13 Preparedness Program, consisting of $34,905,000 for activi14 ties on military installations and $49,934,000, to remain 

15 available until September 30, 2011, to assist State and local 

16 governments; $12,689,000 shall be for procurement, to re17 main available until September 30, 2012, of which no less 

18 than $12,689,000 shall be for the Chemical Stockpile Emer19 gency Preparedness Program to assist State and local gov20 ernments; and $401,269,000, to remain available until Sep21 tember 30, 2011, shall be for research, development, test and 

22 evaluation, of which $398,669,000 shall only be for the As23 sembled Chemical Weapons Alternatives (ACWA) program. 
36 

•HR 3326 EAH 

1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For drug interdiction and counter-drug activities of 

5 the Department of Defense, for transfer to appropriations 

6 available to the Department of Defense for military per7 sonnel of the reserve components serving under the provi8 sions of title 10 and title 32, United States Code; for oper9 ation and maintenance; for procurement; and for research, 

10 development, test and evaluation, $1,158,226,000: Provided, 

11 That the funds appropriated under this heading shall be 

12 available for obligation for the same time period and for 

13 the same purpose as the appropriation to which transferred: 

14 Provided further, That upon a determination that all or 

15 part of the funds transferred from this appropriation are 

16 not necessary for the purposes provided herein, such 

17 amounts may be transferred back to this appropriation: 

18 Provided further, That the transfer authority provided 

19 under this heading is in addition to any other transfer au20 thority contained elsewhere in this Act. 

21 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For the ‘‘Joint Improvised Explosive Device Defeat 

24 Fund’’, $121,550,000 for Staff and Infrastructure: Pro25 vided, That such funds shall be available to the Secretary 
37 

•HR 3326 EAH 

1 of Defense, notwithstanding any other provision of law, for 

2 the purpose of allowing the Director of the Joint Improvised 

3 Explosive Device Defeat Organization to investigate, de4 velop and provide equipment, supplies, services, training, 

5 facilities, personnel and funds to assist United States forces 

6 in the defeat of improvised explosive devices: Provided fur7 ther, That within 60 days of the enactment of this Act, a 

8 plan for the intended management and use of the amounts 

9 provided under this heading shall be submitted to the con10 gressional defense committees: Provided further, That the 

11 Secretary of Defense shall submit a report not later than 

12 60 days after the end of each fiscal quarter to the congres13 sional defense committees providing assessments of the 

14 evolving threats, individual service requirements to counter 

15 the threats, the current strategy for predeployment training 

16 of members of the Armed Forces on improvised explosive 

17 devices, and details on the execution of the Fund: Provided 

18 further, That the Secretary of Defense may transfer funds 

19 provided herein to appropriations for operation and main20 tenance; procurement; research, development, test and eval21 uation; and defense working capital funds to accomplish the 

22 purpose provided herein: Provided further, That amounts 

23 transferred shall be merged with and available for the same 

24 purposes and time period as the appropriations to which 

25 transferred: Provided further, That this transfer authority 
38 

•HR 3326 EAH 

1 is in addition to any other transfer authority available to 

2 the Department of Defense: Provided further, That the Sec3 retary of Defense shall, not fewer than 15 days prior to 

4 making transfers from this appropriation, notify the con5 gressional defense committees in writing of the details of 

6 any such transfer. 

7 OFFICE OF THE INSPECTOR GENERAL

8 For expenses and activities of the Office of the Inspec9 tor General in carrying out the provisions of the Inspector 

10 General Act of 1978, as amended, $288,100,000, of which 

11 $287,100,000 shall be for operation and maintenance, of 

12 which not to exceed $700,000 is available for emergencies 

13 and extraordinary expenses to be expended on the approval 

14 or authority of the Inspector General, and payments may 

15 be made on the Inspector General’s certificate of necessity 

16 for confidential military purposes; and of which $1,000,000, 

17 to remain available until September 30, 2012, shall be for 

18 procurement. 

19 TITLE VII 

20 RELATED AGENCIES 

21 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

22 DISABILITY SYSTEM FUND

23 For payment to the Central Intelligence Agency Retire24 ment and Disability System Fund, to maintain the proper 

25 funding level for continuing the operation of the Central 
39 

•HR 3326 EAH 

1 Intelligence Agency Retirement and Disability System, 

2 $290,900,000. 

3 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

4 For necessary expenses of the Intelligence Community 

5 Management Account, $707,912,000. 

6 TITLE VIII 

7 GENERAL PROVISIONS 

8 SEC. 8001. No part of any appropriation contained 

9 in this Act shall be used for publicity or propaganda pur10 poses not authorized by the Congress. 

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

12 of law prohibiting the payment of compensation to, or em13 ployment of, any person not a citizen of the United States 

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

15 Provided, That salary increases granted to direct and indi16 rect hire foreign national employees of the Department of 

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

18 of the percentage increase authorized by law for civilian 

19 employees of the Department of Defense whose pay is com20 puted under the provisions of section 5332 of title 5, United 

21 States Code, or at a rate in excess of the percentage increase 

22 provided by the appropriate host nation to its own employ23 ees, whichever is higher: Provided further, That this section 

24 shall not apply to Department of Defense foreign service 

25 national employees serving at United States diplomatic 
40 

•HR 3326 EAH 

1 missions whose pay is set by the Department of State under 

2 the Foreign Service Act of 1980: Provided further, That the 

3 limitations of this provision shall not apply to foreign na4 tional employees of the Department of Defense in the Re5 public of Turkey. 

6 SEC. 8003. No part of any appropriation contained 

7 in this Act shall remain available for obligation beyond the 

8 current fiscal year, unless expressly so provided herein. 

9 SEC. 8004. No more than 20 percent of the appropria10 tions in this Act which are limited for obligation during 

11 the current fiscal year shall be obligated during the last 2 

12 months of the fiscal year: Provided, That this section shall 

13 not apply to obligations for support of active duty training 

14 of reserve components or summer camp training of the Re15 serve Officers’ Training Corps. 

16 (TRANSFER OF FUNDS)

17 SEC. 8005. Upon determination by the Secretary of 

18 Defense that such action is necessary in the national inter19 est, he may, with the approval of the Office of Management 

20 and Budget, transfer not to exceed $4,000,000,000 of work21 ing capital funds of the Department of Defense or funds 

22 made available in this Act to the Department of Defense 

23 for military functions (except military construction) be24 tween such appropriations or funds or any subdivision 

25 thereof, to be merged with and to be available for the same 
41 

•HR 3326 EAH 

1 purposes, and for the same time period, as the appropria2 tion or fund to which transferred: Provided, That such au3 thority to transfer may not be used unless for higher pri4 ority items, based on unforeseen military requirements, 

5 than those for which originally appropriated and in no case 

6 where the item for which funds are requested has been de7 nied by the Congress: Provided further, That the Secretary 

8 of Defense shall notify the Congress promptly of all transfers 

9 made pursuant to this authority or any other authority in 

10 this Act: Provided further, That no part of the funds in 

11 this Act shall be available to prepare or present a request 

12 to the Committees on Appropriations for reprogramming 

13 of funds, unless for higher priority items, based on unfore14 seen military requirements, than those for which originally 

15 appropriated and in no case where the item for which re16 programming is requested has been denied by the Congress: 

17 Provided further, That a request for multiple 

18 reprogrammings of funds using authority provided in this 

19 section shall be made prior to June 30, 2010: Provided fur20 ther, That transfers among military personnel appropria21 tions shall not be taken into account for purposes of the 

22 limitation on the amount of funds that may be transferred 

23 under this section: Provided further, That no obligation of 

24 funds may be made pursuant to section 1206 of Public Law 

25 109–163 (or any successor provision) unless the Secretary 
42 

•HR 3326 EAH 

1 of Defense has notified the congressional defense committees 

2 prior to any such obligation. 

3 SEC. 8006. (a) With regard to the list of specific pro4 grams, projects, and activities (and the dollar amounts and 

5 adjustments to budget activities corresponding to such pro6 grams, projects, and activities) contained in the tables titled 

7 ‘‘Explanation of Project Level Adjustments’’ in the explana8 tory statement regarding this Act, the obligation and ex9 penditure of amounts appropriated or otherwise made 

10 available in this Act for those programs, projects, and ac11 tivities for which the amounts appropriated exceed the 

12 amounts requested are hereby required by law to be carried 

13 out in the manner provided by such tables to the same ex14 tent as if the tables were included in the text of this Act. 

15 (b) Amounts specified in the referenced tables described 

16 in subsection (a) shall not be treated as subdivisions of ap17 propriations for purposes of section 8005 of this Act: Pro18 vided, That section 8005 shall apply when transfers of the 

19 amounts described in subsection (a) occur between appro20 priation accounts. 

21 SEC. 8007. (a) Not later than 60 days after enactment 

22 of this Act, the Department of Defense shall submit a report 

23 to the congressional defense committees to establish the base24 line for application of reprogramming and transfer au-
43 

•HR 3326 EAH 

1 thorities for fiscal year 2010: Provided, That the report 

2 shall include— 

3 (1) a table for each appropriation with a sepa4 rate column to display the President’s budget request, 

5 adjustments made by Congress, adjustments due to 

6 enacted rescissions, if appropriate, and the fiscal year 

7 enacted level; 

8 (2) a delineation in the table for each appropria9 tion both by budget activity and program, project, 

10 and activity as detailed in the Budget Appendix; and 

11 (3) an identification of items of special congres12 sional interest. 

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

14 the funds provided in this Act shall be available for re15 programming or transfer until the report identified in sub16 section (a) is submitted to the congressional defense commit17 tees, unless the Secretary of Defense certifies in writing to 

18 the congressional defense committees that such reprogram19 ming or transfer is necessary as an emergency requirement. 

20 SEC. 8008. The Secretaries of the Air Force and the 

21 Army are authorized, using funds available under the head22 ings ‘‘Operation and Maintenance, Air Force’’ and ‘‘Oper23 ation and Maintenance, Army’’, to complete facility conver24 sions and phased repair projects which may include up-
44 

•HR 3326 EAH 

1 grades and additions to Alaskan range infrastructure and 

2 training areas, and improved access to these ranges. 

3 (TRANSFER OF FUNDS)

4 SEC. 8009. During the current fiscal year, cash bal5 ances in working capital funds of the Department of De6 fense established pursuant to section 2208 of title 10, United 

7 States Code, may be maintained in only such amounts as 

8 are necessary at any time for cash disbursements to be made 

9 from such funds: Provided, That transfers may be made be10 tween such funds: Provided further, That transfers may be 

11 made between working capital funds and the ‘‘Foreign Cur12 rency Fluctuations, Defense’’ appropriation and the ‘‘Oper13 ation and Maintenance’’ appropriation accounts in such 

14 amounts as may be determined by the Secretary of Defense, 

15 with the approval of the Office of Management and Budget, 

16 except that such transfers may not be made unless the Sec17 retary of Defense has notified the Congress of the proposed 

18 transfer. Except in amounts equal to the amounts appro19 priated to working capital funds in this Act, no obligations 

20 may be made against a working capital fund to procure 

21 or increase the value of war reserve material inventory, un22 less the Secretary of Defense has notified the Congress prior 

23 to any such obligation. 

24 SEC. 8010. Funds appropriated by this Act may not 

25 be used to initiate a special access program without prior 
45 

•HR 3326 EAH 

1 notification 30 calendar days in advance to the congres2 sional defense committees. 

3 SEC. 8011. None of the funds provided in this Act shall 

4 be available to initiate: (1) a multiyear contract that em5 ploys economic order quantity procurement in excess of 

6 $20,000,000 in any one year of the contract or that includes 

7 an unfunded contingent liability in excess of $20,000,000; 

8 or (2) a contract for advance procurement leading to a 

9 multiyear contract that employs economic order quantity 

10 procurement in excess of $20,000,000 in any one year, un11 less the congressional defense committees have been notified 

12 at least 30 days in advance of the proposed contract award: 

13 Provided, That no part of any appropriation contained in 

14 this Act shall be available to initiate a multiyear contract 

15 for which the economic order quantity advance procurement 

16 is not funded at least to the limits of the Government’s li17 ability: Provided further, That no part of any appropria18 tion contained in this Act shall be available to initiate 

19 multiyear procurement contracts for any systems or compo20 nent thereof if the value of the multiyear contract would 

21 exceed $500,000,000 unless specifically provided in this Act: 

22 Provided further, That no multiyear procurement contract 

23 can be terminated without 10-day prior notification to the 

24 congressional defense committees: Provided further, That the 

25 execution of multiyear authority shall require the use of a 
46 

•HR 3326 EAH 

1 present value analysis to determine lowest cost compared 

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

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

4 contract executed after the date of the enactment of this Act 

5 unless in the case of any such contract— 

6 (1) the Secretary of Defense has submitted to 

7 Congress a report within 30 days of enactment of this 

8 Act that certifies full funding of units to be procured 

9 through the contract and, in the case of a contract for 

10 procurement of aircraft, that includes, for any air11 craft unit to be procured through the contract for 

12 which procurement funds are identified in that report 

13 for production beyond advance procurement activities 

14 in the fiscal year 2010 budget, full funding of pro15 curement of such unit in that fiscal year; 

16 (2) cancellation provisions in the contract do not 

17 include consideration of recurring manufacturing 

18 costs of the contractor associated with the production 

19 of unfunded units to be delivered under the contract; 

20 (3) the contract provides that payments to the 

21 contractor under the contract shall not be made in 

22 advance of incurred costs on funded units; and 

23 (4) the contract does not provide for a price ad24 justment based on a failure to award a follow-on con25 tract. 
47 

•HR 3326 EAH 

1 Funds appropriated in title III of this Act may be 

2 used for a multiyear procurement contract as follows: 

3 F–18 aircraft variants. 

4 SEC. 8012. Within the funds appropriated for the oper5 ation and maintenance of the Armed Forces, funds are here6 by appropriated pursuant to section 401 of title 10, United 

7 States Code, for humanitarian and civic assistance costs 

8 under chapter 20 of title 10, United States Code. Such funds 

9 may also be obligated for humanitarian and civic assist10 ance costs incidental to authorized operations and pursuant 

11 to authority granted in section 401 of chapter 20 of title 

12 10, United States Code, and these obligations shall be re13 ported as required by section 401(d) of title 10, United 

14 States Code: Provided, That funds available for operation 

15 and maintenance shall be available for providing humani16 tarian and similar assistance by using Civic Action Teams 

17 in the Trust Territories of the Pacific Islands and freely 

18 associated states of Micronesia, pursuant to the Compact 

19 of Free Association as authorized by Public Law 99–239: 

20 Provided further, That upon a determination by the Sec21 retary of the Army that such action is beneficial for grad22 uate medical education programs conducted at Army med23 ical facilities located in Hawaii, the Secretary of the Army 

24 may authorize the provision of medical services at such fa25 cilities and transportation to such facilities, on a nonreim-
48 

•HR 3326 EAH 

1 bursable basis, for civilian patients from American Samoa, 

2 the Commonwealth of the Northern Mariana Islands, the 

3 Marshall Islands, the Federated States of Micronesia, 

4 Palau, and Guam. 

5 SEC. 8013. (a) During fiscal year 2010, the civilian 

6 personnel of the Department of Defense may not be man7 aged on the basis of any end-strength, and the management 

8 of such personnel during that fiscal year shall not be subject 

9 to any constraint or limitation (known as an end-strength) 

10 on the number of such personnel who may be employed on 

11 the last day of such fiscal year. 

12 (b) The fiscal year 2011 budget request for the Depart13 ment of Defense as well as all justification material and 

14 other documentation supporting the fiscal year 2011 De15 partment of Defense budget request shall be prepared and 

16 submitted to the Congress as if subsections (a) and (b) of 

17 this provision were effective with regard to fiscal year 2011. 

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

19 to military (civilian) technicians. 

20 SEC. 8014. None of the funds made available by this 

21 Act shall be used in any way, directly or indirectly, to in22 fluence congressional action on any legislation or appro23 priation matters pending before the Congress. 

24 SEC. 8015. None of the funds appropriated by this Act 

25 shall be available for the basic pay and allowances of any 
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1 member of the Army participating as a full-time student 

2 and receiving benefits paid by the Secretary of Veterans Af3 fairs from the Department of Defense Education Benefits 

4 Fund when time spent as a full-time student is credited 

5 toward completion of a service commitment: Provided, That 

6 this section shall not apply to those members who have reen7 listed with this option prior to October 1, 1987: Provided 

8 further, That this section applies only to active components 

9 of the Army. 

10 SEC. 8016. (a) None of the funds appropriated by this 

11 Act shall be available to convert to contractor performance 

12 an activity or function of the Department of Defense that, 

13 on or after the date of the enactment of this Act, is per14 formed by more than 10 Department of Defense civilian em15 ployees unless— 

16 (1) the conversion is based on the result of a pub17 lic-private competition that includes a most efficient 

18 and cost effective organization plan developed by such 

19 activity or function; 

20 (2) the Competitive Sourcing Official determines 

21 that, over all performance periods stated in the solici22 tation of offers for performance of the activity or 

23 function, the cost of performance of the activity or 

24 function by a contractor would be less costly to the 
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1 Department of Defense by an amount that equals or 

2 exceeds the lesser of— 

3 (A) 10 percent of the most efficient organi4 zation’s personnel-related costs for performance 

5 of that activity or function by Federal employ6 ees; or 

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

8 (3) the contractor does not receive an advantage 

9 for a proposal that would reduce costs for the Depart10 ment of Defense by— 

11 (A) not making an employer-sponsored 

12 health insurance plan available to the workers 

13 who are to be employed in the performance of 

14 that activity or function under the contract; or 

15 (B) offering to such workers an employer16 sponsored health benefits plan that requires the 

17 employer to contribute less towards the premium 

18 or subscription share than the amount that is 

19 paid by the Department of Defense for health 

20 benefits for civilian employees under chapter 89 

21 of title 5, United States Code. 

22 (b)(1) The Department of Defense, without regard to 

23 subsection (a) of this section or subsection (a), (b), or (c) 

24 of section 2461 of title 10, United States Code, and notwith25 standing any administrative regulation, requirement, or 
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1 policy to the contrary shall have full authority to enter into 

2 a contract for the performance of any commercial or indus3 trial type function of the Department of Defense that— 

4 (A) is included on the procurement list estab5 lished pursuant to section 2 of the Javits-Wagner6 O’Day Act (41 U.S.C. 47); 

7 (B) is planned to be converted to performance by 

8 a qualified nonprofit agency for the blind or by a 

9 qualified nonprofit agency for other severely handi10 capped individuals in accordance with that Act; or 

11 (C) is planned to be converted to performance by 

12 a qualified firm under at least 51 percent ownership 

13 by an Indian tribe, as defined in section 4(e) of the 

14 Indian Self-Determination and Education Assistance 

15 Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga16 nization, as defined in section 8(a)(15) of the Small 

17 Business Act (15 U.S.C. 637(a)(15)). 

18 (2) This section shall not apply to depot contracts or 

19 contracts for depot maintenance as provided in sections 

20 2469 and 2474 of title 10, United States Code. 

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

22 Department of Defense under the authority provided by this 

23 section shall be credited toward any competitive or out24 sourcing goal, target, or measurement that may be estab25 lished by statute, regulation, or policy and is deemed to 
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1 be awarded under the authority of, and in compliance with, 

2 subsection (h) of section 2304 of title 10, United States 

3 Code, for the competition or outsourcing of commercial ac4 tivities. 

5 (TRANSFER OF FUNDS)

6 SEC. 8017. Funds appropriated in title III of this Act 

7 for the Department of Defense Pilot Mentor-Protege Pro8 gram may be transferred to any other appropriation con9 tained in this Act solely for the purpose of implementing 

10 a Mentor-Protege Program developmental assistance agree11 ment pursuant to section 831 of the National Defense Au12 thorization Act for Fiscal Year 1991 (Public Law 101–510; 

13 10 U.S.C. 2302 note), as amended, under the authority of 

14 this provision or any other transfer authority contained in 

15 this Act. 

16 SEC. 8018. None of the funds in this Act may be avail17 able for the purchase by the Department of Defense (and 

18 its departments and agencies) of welded shipboard anchor 

19 and mooring chain 4 inches in diameter and under unless 

20 the anchor and mooring chain are manufactured in the 

21 United States from components which are substantially 

22 manufactured in the United States: Provided, That for the 

23 purpose of this section, the term ‘‘manufactured’’ shall in24 clude cutting, heat treating, quality control, testing of chain 

25 and welding (including the forging and shot blasting proc-
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1 ess): Provided further, That for the purpose of this section 

2 substantially all of the components of anchor and mooring 

3 chain shall be considered to be produced or manufactured 

4 in the United States if the aggregate cost of the components 

5 produced or manufactured in the United States exceeds the 

6 aggregate cost of the components produced or manufactured 

7 outside the United States: Provided further, That when ade8 quate domestic supplies are not available to meet Depart9 ment of Defense requirements on a timely basis, the Sec10 retary of the service responsible for the procurement may 

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

12 in writing to the Committees on Appropriations that such 

13 an acquisition must be made in order to acquire capability 

14 for national security purposes. 

15 SEC. 8019. None of the funds available to the Depart16 ment of Defense may be used to demilitarize or dispose of 

17 M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 

18 rifles, .30 caliber rifles, or M–1911 pistols, or to demili19 tarize or destroy small arms ammunition or ammunition 

20 components that are not otherwise prohibited from commer21 cial sale under Federal law, unless the small arms ammuni22 tion or ammunition components are certified by the Sec23 retary of the Army or designee as unserviceable or unsafe 

24 for further use. 
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1 SEC. 8020. No more than $500,000 of the funds appro2 priated or made available in this Act shall be used during 

3 a single fiscal year for any single relocation of an organiza4 tion, unit, activity or function of the Department of Defense 

5 into or within the National Capital Region: Provided, That 

6 the Secretary of Defense may waive this restriction on a 

7 case-by-case basis by certifying in writing to the congres8 sional defense committees that such a relocation is required 

9 in the best interest of the Government. 

10 SEC. 8021. In addition to the funds provided elsewhere 

11 in this Act, $15,000,000 is appropriated only for incentive 

12 payments authorized by section 504 of the Indian Financ13 ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

14 contractor or a subcontractor at any tier that makes a sub15 contract award to any subcontractor or supplier as defined 

16 in section 1544 of title 25, United States Code, or a small 

17 business owned and controlled by an individual or individ18 uals defined under section 4221(9) of title 25, United States 

19 Code, shall be considered a contractor for the purposes of 

20 being allowed additional compensation under section 504 

21 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 

22 whenever the prime contract or subcontract amount is over 

23 $500,000 and involves the expenditure of funds appro24 priated by an Act making Appropriations for the Depart25 ment of Defense with respect to any fiscal year: Provided 
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1 further, That notwithstanding section 430 of title 41, 

2 United States Code, this section shall be applicable to any 

3 Department of Defense acquisition of supplies or services, 

4 including any contract and any subcontract at any tier for 

5 acquisition of commercial items produced or manufactured, 

6 in whole or in part by any subcontractor or supplier de7 fined in section 1544 of title 25, United States Code, or 

8 a small business owned and controlled by an individual or 

9 individuals defined under section 4221(9) of title 25, 

10 United States Code. 

11 SEC. 8022. Funds appropriated by this Act for the De12 fense Media Activity shall not be used for any national or 

13 international political or psychological activities. 

14 SEC. 8023. None of the funds appropriated by this Act 

15 shall be available to perform any cost study pursuant to 

16 the provisions of OMB Circular A–76 if the study being 

17 performed exceeds the period permitted by section 322 of 

18 the National Defense Authorization Act for Fiscal Year 

19 2010 (Public Law 111–84). 

20 SEC. 8024. During the current fiscal year, the Depart21 ment of Defense is authorized to incur obligations of not 

22 to exceed $350,000,000 for purposes specified in section 

23 2350j(c) of title 10, United States Code, in anticipation of 

24 receipt of contributions, only from the Government of Ku25 wait, under that section: Provided, That upon receipt, such 
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1 contributions from the Government of Kuwait shall be cred2 ited to the appropriations or fund which incurred such obli3 gations. 

4 SEC. 8025. (a) Of the funds made available in this 

5 Act, not less than $33,756,000 shall be available for the 

6 Civil Air Patrol Corporation, of which— 

7 (1) $26,433,000 shall be available from ‘‘Oper8 ation and Maintenance, Air Force’’ to support Civil 

9 Air Patrol Corporation operation and maintenance, 

10 readiness, counterdrug activities, and drug demand 

11 reduction activities involving youth programs; 

12 (2) $6,426,000 shall be available from ‘‘Aircraft 

13 Procurement, Air Force’’; and 

14 (3) $897,000 shall be available from ‘‘Other Pro15 curement, Air Force’’ for vehicle procurement. 

16 (b) The Secretary of the Air Force should waive reim17 bursement for any funds used by the Civil Air Patrol for 

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

19 local government agencies. 

20 SEC. 8026. (a) None of the funds appropriated in this 

21 Act are available to establish a new Department of Defense 

22 (department) federally funded research and development 

23 center (FFRDC), either as a new entity, or as a separate 

24 entity administrated by an organization managing another 

25 FFRDC, or as a nonprofit membership corporation con-
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1 sisting of a consortium of other FFRDCs and other non2 profit entities. 

3 (b) No member of a Board of Directors, Trustees, Over4 seers, Advisory Group, Special Issues Panel, Visiting Com5 mittee, or any similar entity of a defense FFRDC, and no 

6 paid consultant to any defense FFRDC, except when acting 

7 in a technical advisory capacity, may be compensated for 

8 his or her services as a member of such entity, or as a paid 

9 consultant by more than one FFRDC in a fiscal year: Pro10 vided, That a member of any such entity referred to pre11 viously in this subsection shall be allowed travel expenses 

12 and per diem as authorized under the Federal Joint Travel 

13 Regulations, when engaged in the performance of member14 ship duties. 

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

16 of the funds available to the department from any source 

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

18 through a fee or other payment mechanism, for construction 

19 of new buildings, for payment of cost sharing for projects 

20 funded by Government grants, for absorption of contract 

21 overruns, or for certain charitable contributions, not to in22 clude employee participation in community service and/or 

23 development. 

24 (d) Notwithstanding any other provision of law, of the 

25 funds available to the department during fiscal year 2010, 
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1 not more than 5,600 staff years of technical effort (staff 

2 years) may be funded for defense FFRDCs: Provided, That 

3 of the specific amount referred to previously in this sub4 section, not more than 1,100 staff years may be funded for 

5 the defense studies and analysis FFRDCs: Provided further, 

6 That this subsection shall not apply to staff years funded 

7 in the National Intelligence Program (NIP) and the Mili8 tary Intelligence Program (MIP). 

9 (e) The Secretary of Defense shall, with the submission 

10 of the department’s fiscal year 2011 budget request, submit 

11 a report presenting the specific amounts of staff years of 

12 technical effort to be allocated for each defense FFRDC dur13 ing that fiscal year and the associated budget estimates. 

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

15 the total amount appropriated in this Act for FFRDCs is 

16 hereby reduced by $125,200,000. 

17 SEC. 8027. None of the funds appropriated or made 

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

19 or armor steel plate for use in any Government-owned facil20 ity or property under the control of the Department of De21 fense which were not melted and rolled in the United States 

22 or Canada: Provided, That these procurement restrictions 

23 shall apply to any and all Federal Supply Class 9515, 

24 American Society of Testing and Materials (ASTM) or 

25 American Iron and Steel Institute (AISI) specifications of 
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1 carbon, alloy or armor steel plate: Provided further, That 

2 the Secretary of the military department responsible for the 

3 procurement may waive this restriction on a case-by-case 

4 basis by certifying in writing to the Committees on Appro5 priations of the House of Representatives and the Senate 

6 that adequate domestic supplies are not available to meet 

7 Department of Defense requirements on a timely basis and 

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

9 capability for national security purposes: Provided further, 

10 That these restrictions shall not apply to contracts which 

11 are in being as of the date of the enactment of this Act. 

12 SEC. 8028. For the purposes of this Act, the term ‘‘con13 gressional defense committees’’ means the Armed Services 

14 Committee of the House of Representatives, the Armed Serv15 ices Committee of the Senate, the Subcommittee on Defense 

16 of the Committee on Appropriations of the Senate, and the 

17 Subcommittee on Defense of the Committee on Appropria18 tions of the House of Representatives. 

19 SEC. 8029. During the current fiscal year, the Depart20 ment of Defense may acquire the modification, depot main21 tenance and repair of aircraft, vehicles and vessels as well 

22 as the production of components and other Defense-related 

23 articles, through competition between Department of De24 fense depot maintenance activities and private firms: Pro25 vided, That the Senior Acquisition Executive of the military 
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1 department or Defense Agency concerned, with power of del2 egation, shall certify that successful bids include comparable 

3 estimates of all direct and indirect costs for both public and 

4 private bids: Provided further, That Office of Management 

5 and Budget Circular A–76 shall not apply to competitions 

6 conducted under this section. 

7 SEC. 8030. (a)(1) If the Secretary of Defense, after con8 sultation with the United States Trade Representative, de9 termines that a foreign country which is party to an agree10 ment described in paragraph (2) has violated the terms of 

11 the agreement by discriminating against certain types of 

12 products produced in the United States that are covered by 

13 the agreement, the Secretary of Defense shall rescind the 

14 Secretary’s blanket waiver of the Buy American Act with 

15 respect to such types of products produced in that foreign 

16 country. 

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

18 reciprocal defense procurement memorandum of under19 standing, between the United States and a foreign country 

20 pursuant to which the Secretary of Defense has prospec21 tively waived the Buy American Act for certain products 

22 in that country. 

23 (b) The Secretary of Defense shall submit to the Con24 gress a report on the amount of Department of Defense pur25 chases from foreign entities in fiscal year 2010. Such report 
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1 shall separately indicate the dollar value of items for which 

2 the Buy American Act was waived pursuant to any agree3 ment described in subsection (a)(2), the Trade Agreement 

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

5 agreement to which the United States is a party. 

6 (c) For purposes of this section, the term ‘‘Buy Amer7 ican Act’’ means title III of the Act entitled ‘‘An Act mak8 ing appropriations for the Treasury and Post Office De9 partments for the fiscal year ending June 30, 1934, and 

10 for other purposes’’, approved March 3, 1933 (41 U.S.C. 

11 10a et seq.). 

12 SEC. 8031. During the current fiscal year, amounts 

13 contained in the Department of Defense Overseas Military 

14 Facility Investment Recovery Account established by section 

15 2921(c)(1) of the National Defense Authorization Act of 

16 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be 

17 available until expended for the payments specified by sec18 tion 2921(c)(2) of that Act. 

19 SEC. 8032. (a) Notwithstanding any other provision 

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

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

22 tribes located in the States of Nevada, Idaho, North Dakota, 

23 South Dakota, Montana, Oregon, and Minnesota relocatable 

24 military housing units located at Grand Forks Air Force 

25 Base, Malmstrom Air Force Base, Mountain Home Air 
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1 Force Base, Ellsworth Air Force Base, and Minot Air Force 

2 Base that are excess to the needs of the Air Force. 

3 (b) The Secretary of the Air Force shall convey, at no 

4 cost to the Air Force, military housing units under sub5 section (a) in accordance with the request for such units 

6 that are submitted to the Secretary by the Operation Walk7 ing Shield Program on behalf of Indian tribes located in 

8 the States of Nevada, Idaho, North Dakota, South Dakota, 

9 Montana, Oregon, and Minnesota. 

10 (c) The Operation Walking Shield Program shall re11 solve any conflicts among requests of Indian tribes for hous12 ing units under subsection (a) before submitting requests 

13 to the Secretary of the Air Force under subsection (b). 

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

15 recognized Indian tribe included on the current list pub16 lished by the Secretary of the Interior under section 104 

17 of the Federally Recognized Indian Tribe Act of 1994 (Pub18 lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 

19 SEC. 8033. During the current fiscal year, appropria20 tions which are available to the Department of Defense for 

21 operation and maintenance may be used to purchase items 

22 having an investment item unit cost of not more than 

23 $250,000. 

24 SEC. 8034. (a) During the current fiscal year, none 

25 of the appropriations or funds available to the Department 
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1 of Defense Working Capital Funds shall be used for the pur2 chase of an investment item for the purpose of acquiring 

3 a new inventory item for sale or anticipated sale during 

4 the current fiscal year or a subsequent fiscal year to cus5 tomers of the Department of Defense Working Capital 

6 Funds if such an item would not have been chargeable to 

7 the Department of Defense Business Operations Fund dur8 ing fiscal year 1994 and if the purchase of such an invest9 ment item would be chargeable during the current fiscal 

10 year to appropriations made to the Department of Defense 

11 for procurement. 

12 (b) The fiscal year 2011 budget request for the Depart13 ment of Defense as well as all justification material and 

14 other documentation supporting the fiscal year 2011 De15 partment of Defense budget shall be prepared and submitted 

16 to the Congress on the basis that any equipment which was 

17 classified as an end item and funded in a procurement ap18 propriation contained in this Act shall be budgeted for in 

19 a proposed fiscal year 2011 procurement appropriation and 

20 not in the supply management business area or any other 

21 area or category of the Department of Defense Working 

22 Capital Funds. 

23 SEC. 8035. None of the funds appropriated by this Act 

24 for programs of the Central Intelligence Agency shall re25 main available for obligation beyond the current fiscal year, 
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1 except for funds appropriated for the Reserve for Contin2 gencies, which shall remain available until September 30, 

3 2011: Provided, That funds appropriated, transferred, or 

4 otherwise credited to the Central Intelligence Agency Cen5 tral Services Working Capital Fund during this or any 

6 prior or subsequent fiscal year shall remain available until 

7 expended: Provided further, That any funds appropriated 

8 or transferred to the Central Intelligence Agency for ad9 vanced research and development acquisition, for agent op10 erations, and for covert action programs authorized by the 

11 President under section 503 of the National Security Act 

12 of 1947, as amended, shall remain available until Sep13 tember 30, 2011. 

14 SEC. 8036. Notwithstanding any other provision of 

15 law, funds made available in this Act for the Defense Intel16 ligence Agency may be used for the design, development, and 

17 deployment of General Defense Intelligence Program intel18 ligence communications and intelligence information sys19 tems for the Services, the Unified and Specified Commands, 

20 and the component commands. 

21 SEC. 8037. Of the funds appropriated to the Depart22 ment of Defense under the heading ‘‘Operation and Mainte23 nance, Defense-Wide’’, not less than $12,000,000 shall be 

24 made available only for the mitigation of environmental 

25 impacts, including training and technical assistance to 
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1 tribes, related administrative support, the gathering of in2 formation, documenting of environmental damage, and de3 veloping a system for prioritization of mitigation and cost 

4 to complete estimates for mitigation, on Indian lands re5 sulting from Department of Defense activities. 

6 SEC. 8038. (a) None of the funds appropriated in this 

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

8 Defense unless the entity, in expending the funds, complies 

9 with the Buy American Act. For purposes of this subsection, 

10 the term ‘‘Buy American Act’’ means title III of the Act 

11 entitled ‘‘An Act making appropriations for the Treasury 

12 and Post Office Departments for the fiscal year ending June 

13 30, 1934, and for other purposes’’, approved March 3, 1933 

14 (41 U.S.C. 10a et seq.). 

15 (b) If the Secretary of Defense determines that a person 

16 has been convicted of intentionally affixing a label bearing 

17 a ‘‘Made in America’’ inscription to any product sold in 

18 or shipped to the United States that is not made in Amer19 ica, the Secretary shall determine, in accordance with sec20 tion 2410f of title 10, United States Code, whether the per21 son should be debarred from contracting with the Depart22 ment of Defense. 

23 (c) In the case of any equipment or products purchased 

24 with appropriations provided under this Act, it is the sense 

25 of the Congress that any entity of the Department of De-
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1 fense, in expending the appropriation, purchase only Amer2 ican-made equipment and products, provided that Amer3 ican-made equipment and products are cost-competitive, 

4 quality-competitive, and available in a timely fashion. 

5 SEC. 8039. None of the funds appropriated by this Act 

6 shall be available for a contract for studies, analysis, or 

7 consulting services entered into without competition on the 

8 basis of an unsolicited proposal unless the head of the activ9 ity responsible for the procurement determines— 

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

11 only one source is found fully qualified to perform the 

12 proposed work; 

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

14 unsolicited proposal which offers significant scientific 

15 or technological promise, represents the product of 

16 original thinking, and was submitted in confidence 

17 by one source; or 

18 (3) the purpose of the contract is to take advan19 tage of unique and significant industrial accomplish20 ment by a specific concern, or to insure that a new 

21 product or idea of a specific concern is given finan22 cial support: Provided, That this limitation shall not 

23 apply to contracts in an amount of less than $25,000, 

24 contracts related to improvements of equipment that 

25 is in development or production, or contracts as to 
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1 which a civilian official of the Department of Defense, 

2 who has been confirmed by the Senate, determines 

3 that the award of such contract is in the interest of 

4 the national defense. 

5 SEC. 8040. (a) Except as provided in subsections (b) 

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

7 be used— 

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

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

10 Armed Forces or civilian employee of the department 

11 who is transferred or reassigned from a headquarters 

12 activity if the member or employee’s place of duty re13 mains at the location of that headquarters. 

14 (b) The Secretary of Defense or Secretary of a military 

15 department may waive the limitations in subsection (a), 

16 on a case-by-case basis, if the Secretary determines, and cer17 tifies to the Committees on Appropriations of the House of 

18 Representatives and Senate that the granting of the waiver 

19 will reduce the personnel requirements or the financial re20 quirements of the department. 

21 (c) This section does not apply to— 

22 (1) field operating agencies funded within the 

23 National Intelligence Program; or 

24 (2) an Army field operating agency established 

25 to eliminate, mitigate, or counter the effects of impro-
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1 vised explosive devices, and, as determined by the Sec2 retary of the Army, other similar threats. 

3 SEC. 8041. The Secretary of Defense, notwithstanding 

4 any other provision of law, acting through the Office of Eco5 nomic Adjustment of the Department of Defense, may use 

6 funds made available in this Act under the heading ‘‘Oper7 ation and Maintenance, Defense-Wide’’ to make grants and 

8 supplement other Federal funds in accordance with the 

9 guidance provided in the explanatory statement regarding 

10 this Act. 

11 (RESCISSIONS)

12 SEC. 8042. Of the funds appropriated in Department 

13 of Defense Appropriations Acts, the following funds are 

14 hereby rescinded from the following accounts and programs 

15 in the specified amounts: 

16 ‘‘Research, Development, Test and Evaluation, 

17 Navy, 2009/2010’’, $20,000,000; 

18 ‘‘Research, Development, Test and Evaluation, 

19 Air Force, 2009/2010’’, $98,430,000; 

20 ‘‘Research, Development, Test and Evaluation, 

21 Defense-Wide, 2009/2010’’, $154,457,000; 

22 ‘‘Procurement of Weapons and Tracked Combat 

23 Vehicles, Army, 2009/2011’’, $41,087,000; 

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

25 $138,239,000; 
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1 ‘‘Other Procurement, Navy, 2009/2011’’, 

2 $84,844,000; 

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

4 $628,900,000; 

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

6 $60,000,000; 

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

8 $10,900,000; 

9 ‘‘Procurement, Defense-Wide, 2009/2011’’, 

10 $5,200,000; and 

11 ‘‘Procurement, Defense-Wide, 2008/2010’’, 

12 $2,000,000. 

13 SEC. 8043. None of the funds available in this Act may 

14 be used to reduce the authorized positions for military (ci15 vilian) technicians of the Army National Guard, Air Na16 tional Guard, Army Reserve and Air Force Reserve for the 

17 purpose of applying any administratively imposed civilian 

18 personnel ceiling, freeze, or reduction on military (civilian) 

19 technicians, unless such reductions are a direct result of a 

20 reduction in military force structure. 

21 SEC. 8044. None of the funds appropriated or other22 wise made available in this Act may be obligated or ex23 pended for assistance to the Democratic People’s Republic 

24 of Korea unless specifically appropriated for that purpose. 
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1 SEC. 8045. Funds appropriated in this Act for oper2 ation and maintenance of the Military Departments, Com3 batant Commands and Defense Agencies shall be available 

4 for reimbursement of pay, allowances and other expenses 

5 which would otherwise be incurred against appropriations 

6 for the National Guard and Reserve when members of the 

7 National Guard and Reserve provide intelligence or coun8 terintelligence support to Combatant Commands, Defense 

9 Agencies and Joint Intelligence Activities, including the ac10 tivities and programs included within the National Intel11 ligence Program and the Military Intelligence Program: 

12 Provided, That nothing in this section authorizes deviation 

13 from established Reserve and National Guard personnel and 

14 training procedures. 

15 SEC. 8046. During the current fiscal year, none of the 

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

17 civilian medical and medical support personnel assigned to 

18 military treatment facilities below the September 30, 2003, 

19 level: Provided, That the Service Surgeons General may 

20 waive this section by certifying to the congressional defense 

21 committees that the beneficiary population is declining in 

22 some catchment areas and civilian strength reductions may 

23 be consistent with responsible resource stewardship and 

24 capitation-based budgeting. 
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1 SEC. 8047. (a) None of the funds available to the De2 partment of Defense for any fiscal year for drug interdic3 tion or counter-drug activities may be transferred to any 

4 other department or agency of the United States except as 

5 specifically provided in an appropriations law. 

6 (b) None of the funds available to the Central Intel7 ligence Agency for any fiscal year for drug interdiction and 

8 counter-drug activities may be transferred to any other de9 partment or agency of the United States except as specifi10 cally provided in an appropriations law. 

11 SEC. 8048. None of the funds appropriated by this Act 

12 may be used for the procurement of ball and roller bearings 

13 other than those produced by a domestic source and of do14 mestic origin: Provided, That the Secretary of the military 

15 department responsible for such procurement may waive 

16 this restriction on a case-by-case basis by certifying in writ17 ing to the Committees on Appropriations of the House of 

18 Representatives and the Senate, that adequate domestic 

19 supplies are not available to meet Department of Defense 

20 requirements on a timely basis and that such an acquisition 

21 must be made in order to acquire capability for national 

22 security purposes: Provided further, That this restriction 

23 shall not apply to the purchase of ‘‘commercial items’’, as 

24 defined by section 4(12) of the Office of Federal Procure-
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1 ment Policy Act, except that the restriction shall apply to 

2 ball or roller bearings purchased as end items. 

3 SEC. 8049. None of the funds in this Act may be used 

4 to purchase any supercomputer which is not manufactured 

5 in the United States, unless the Secretary of Defense cer6 tifies to the congressional defense committees that such an 

7 acquisition must be made in order to acquire capability for 

8 national security purposes that is not available from 

9 United States manufacturers. 

10 SEC. 8050. None of the funds made available in this 

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

12 officer or employee of the Department of Defense who ap13 proves or implements the transfer of administrative respon14 sibilities or budgetary resources of any program, project, 

15 or activity financed by this Act to the jurisdiction of an16 other Federal agency not financed by this Act without the 

17 express authorization of Congress: Provided, That this limi18 tation shall not apply to transfers of funds expressly pro19 vided for in Defense Appropriations Acts, or provisions of 

20 Acts providing supplemental appropriations for the De21 partment of Defense. 

22 SEC. 8051. (a) Notwithstanding any other provision 

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

24 Defense for the current fiscal year may be obligated or ex25 pended to transfer to another nation or an international 
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1 organization any defense articles or services (other than in2 telligence services) for use in the activities described in sub3 section (b) unless the congressional defense committees, the 

4 Committee on Foreign Affairs of the House of Representa5 tives, and the Committee on Foreign Relations of the Senate 

6 are notified 15 days in advance of such transfer. 

7 (b) This section applies to— 

8 (1) any international peacekeeping or peace-en9 forcement operation under the authority of chapter VI 

10 or chapter VII of the United Nations Charter under 

11 the authority of a United Nations Security Council 

12 resolution; and 

13 (2) any other international peacekeeping, peace14 enforcement, or humanitarian assistance operation. 

15 (c) A notice under subsection (a) shall include the fol16 lowing— 

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

18 services to be transferred. 

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

20 supplies, or services to be transferred. 

21 (3) In the case of a proposed transfer of equip22 ment or supplies— 

23 (A) a statement of whether the inventory re24 quirements of all elements of the Armed Forces 

25 (including the reserve components) for the type 
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1 of equipment or supplies to be transferred have 

2 been met; and 

3 (B) a statement of whether the items pro4 posed to be transferred will have to be replaced 

5 and, if so, how the President proposes to provide 

6 funds for such replacement. 

7 SEC. 8052. None of the funds available to the Depart8 ment of Defense under this Act shall be obligated or ex9 pended to pay a contractor under a contract with the De10 partment of Defense for costs of any amount paid by the 

11 contractor to an employee when— 

12 (1) such costs are for a bonus or otherwise in ex13 cess of the normal salary paid by the contractor to the 

14 employee; and 

15 (2) such bonus is part of restructuring costs asso16 ciated with a business combination. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8053. During the current fiscal year, no more 

19 than $30,000,000 of appropriations made in this Act under 

20 the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

21 may be transferred to appropriations available for the pay 

22 of military personnel, to be merged with, and to be available 

23 for the same time period as the appropriations to which 

24 transferred, to be used in support of such personnel in con25 nection with support and services for eligible organizations 
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1 and activities outside the Department of Defense pursuant 

2 to section 2012 of title 10, United States Code. 

3 SEC. 8054. During the current fiscal year, in the case 

4 of an appropriation account of the Department of Defense 

5 for which the period of availability for obligation has ex6 pired or which has closed under the provisions of section 

7 1552 of title 31, United States Code, and which has a nega8 tive unliquidated or unexpended balance, an obligation or 

9 an adjustment of an obligation may be charged to any cur10 rent appropriation account for the same purpose as the ex11 pired or closed account if— 

12 (1) the obligation would have been properly 

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

14 closed account before the end of the period of avail15 ability or closing of that account; 

16 (2) the obligation is not otherwise properly 

17 chargeable to any current appropriation account of 

18 the Department of Defense; and 

19 (3) in the case of an expired account, the obliga20 tion is not chargeable to a current appropriation of 

21 the Department of Defense under the provisions of sec22 tion 1405(b)(8) of the National Defense Authorization 

23 Act for Fiscal Year 1991, Public Law 101–510, as 

24 amended (31 U.S.C. 1551 note): Provided, That in 

25 the case of an expired account, if subsequent review 
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1 or investigation discloses that there was not in fact a 

2 negative unliquidated or unexpended balance in the 

3 account, any charge to a current account under the 

4 authority of this section shall be reversed and re5 corded against the expired account: Provided further, 

6 That the total amount charged to a current appro7 priation under this section may not exceed an 

8 amount equal to 1 percent of the total appropriation 

9 for that account. 

10 SEC. 8055. (a) IN GENERAL.—Service as a member 

11 of the Alaska Territorial Guard during World War II of 

12 any individual who was honorably discharged therefrom 

13 under section 8147 of the Department of Defense Appro14 priations Act, 2001 (Public Law 106–259; 114 Stat. 705) 

15 shall be treated as active service for purposes of the com16 putation under chapter 61, 71, 371, 571, 871, or 1223 of 

17 title 10, United States Code, as applicable, of the retired 

18 pay to which such individual may be entitled under title 

19 10, United States Code. 

20 (b) APPLICABILITY.—Subsection (a) shall apply with 

21 respect to amounts of retired pay payable under title 10, 

22 United States Code, for months beginning on or after the 

23 date of the enactment of this Act. No retired pay shall be 

24 paid to any individual by reason of subsection (a) for any 

25 period before that date. 
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1 (c) WORLD WAR II DEFINED.—In this section, the 

2 term ‘‘World War II’’ has the meaning given that term in 

3 section 101(8) of title 38, United States Code. 

4 SEC. 8056. (a) Notwithstanding any other provision 

5 of law, the Chief of the National Guard Bureau may permit 

6 the use of equipment of the National Guard Distance Learn7 ing Project by any person or entity on a space-available, 

8 reimbursable basis. The Chief of the National Guard Bu9 reau shall establish the amount of reimbursement for such 

10 use on a case-by-case basis. 

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

12 credited to funds available for the National Guard Distance 

13 Learning Project and be available to defray the costs associ14 ated with the use of equipment of the project under that 

15 subsection. Such funds shall be available for such purposes 

16 without fiscal year limitation. 

17 SEC. 8057. Using funds available by this Act or any 

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

19 determination under section 2690 of title 10, United States 

20 Code, may implement cost-effective agreements for required 

21 heating facility modernization in the Kaiserslautern Mili22 tary Community in the Federal Republic of Germany: Pro23 vided, That in the City of Kaiserslautern such agreements 

24 will include the use of United States anthracite as the base 

25 load energy for municipal district heat to the United States 
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1 Defense installations: Provided further, That at Landstuhl 

2 Army Regional Medical Center and Ramstein Air Base, 

3 furnished heat may be obtained from private, regional or 

4 municipal services, if provisions are included for the con5 sideration of United States coal as an energy source. 

6 SEC. 8058. None of the funds appropriated in title IV 

7 of this Act may be used to procure end-items for delivery 

8 to military forces for operational training, operational use 

9 or inventory requirements: Provided, That this restriction 

10 does not apply to end-items used in development, proto11 typing, and test activities preceding and leading to accept12 ance for operational use: Provided further, That this restric13 tion does not apply to programs funded within the National 

14 Intelligence Program: Provided further, That the Secretary 

15 of Defense may waive this restriction on a case-by-case basis 

16 by certifying in writing to the Committees on Appropria17 tions of the House of Representatives and the Senate that 

18 it is in the national security interest to do so. 

19 SEC. 8059. None of the funds made available in this 

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

21 22A advanced tactical fighter to any foreign government: 

22 Provided, That the Department of Defense may conduct or 

23 participate in studies, research, design and other activities 

24 to define and develop a future export version of the F–22A 
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1 that protects classified and sensitive information, tech2 nologies and U.S. warfighting capabilities. 

3 SEC. 8060. (a) The Secretary of Defense may, on a 

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

5 each limitation on the procurement of defense items from 

6 foreign sources provided in law if the Secretary determines 

7 that the application of the limitation with respect to that 

8 country would invalidate cooperative programs entered into 

9 between the Department of Defense and the foreign country, 

10 or would invalidate reciprocal trade agreements for the pro11 curement of defense items entered into under section 2531 

12 of title 10, United States Code, and the country does not 

13 discriminate against the same or similar defense items pro14 duced in the United States for that country. 

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

16 (1) contracts and subcontracts entered into on or 

17 after the date of the enactment of this Act; and 

18 (2) options for the procurement of items that are 

19 exercised after such date under contracts that are en20 tered into before such date if the option prices are ad21 justed for any reason other than the application of a 

22 waiver granted under subsection (a). 

23 (c) Subsection (a) does not apply to a limitation re24 garding construction of public vessels, ball and roller bear25 ings, food, and clothing or textile materials as defined by 
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1 section 11 (chapters 50–65) of the Harmonized Tariff 

2 Schedule and products classified under headings 4010, 

3 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 

4 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

5 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

6 SEC. 8061. (a) None of the funds made available by 

7 this Act may be used to support any training program in8 volving a unit of the security forces of a foreign country 

9 if the Secretary of Defense has received credible information 

10 from the Department of State that the unit has committed 

11 a gross violation of human rights, unless all necessary cor12 rective steps have been taken. 

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

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

15 conduct any training program referred to in subsection (a), 

16 full consideration is given to all credible information avail17 able to the Department of State relating to human rights 

18 violations by foreign security forces. 

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

20 the Secretary of State, may waive the prohibition in sub21 section (a) if he determines that such waiver is required 

22 by extraordinary circumstances. 

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

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

25 submit a report to the congressional defense committees de-
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1 scribing the extraordinary circumstances, the purpose and 

2 duration of the training program, the United States forces 

3 and the foreign security forces involved in the training pro4 gram, and the information relating to human rights viola5 tions that necessitates the waiver. 

6 SEC. 8062. None of the funds appropriated or made 

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

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

9 unless the main propulsion diesel engines and propulsors 

10 are manufactured in the United States by a domestically 

11 operated entity: Provided, That the Secretary of Defense 

12 may waive this restriction on a case-by-case basis by certi13 fying in writing to the Committees on Appropriations of 

14 the House of Representatives and the Senate that adequate 

15 domestic supplies are not available to meet Department of 

16 Defense requirements on a timely basis and that such an 

17 acquisition must be made in order to acquire capability for 

18 national security purposes or there exists a significant cost 

19 or quality difference. 

20 SEC. 8063. None of the funds appropriated or other21 wise made available by this or other Department of Defense 

22 Appropriations Acts may be obligated or expended for the 

23 purpose of performing repairs or maintenance to military 

24 family housing units of the Department of Defense, includ25 ing areas in such military family housing units that may 
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1 be used for the purpose of conducting official Department 

2 of Defense business. 

3 SEC. 8064. Notwithstanding any other provision of 

4 law, funds appropriated in this Act under the heading ‘‘Re5 search, Development, Test and Evaluation, Defense-Wide’’ 

6 for any new start advanced concept technology demonstra7 tion project or joint capability demonstration project may 

8 only be obligated 30 days after a report, including a de9 scription of the project, the planned acquisition and transi10 tion strategy and its estimated annual and total cost, has 

11 been provided in writing to the congressional defense com12 mittees: Provided, That the Secretary of Defense may waive 

13 this restriction on a case-by-case basis by certifying to the 

14 congressional defense committees that it is in the national 

15 interest to do so. 

16 SEC. 8065. The Secretary of Defense shall provide a 

17 classified quarterly report beginning 30 days after enact18 ment of this Act, to the House and Senate Appropriations 

19 Committees, Subcommittees on Defense on certain matters 

20 as directed in the classified annex accompanying this Act. 

21 SEC. 8066. During the current fiscal year, none of the 

22 funds available to the Department of Defense may be used 

23 to provide support to another department or agency of the 

24 United States if such department or agency is more than 

25 90 days in arrears in making payment to the Department 
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1 of Defense for goods or services previously provided to such 

2 department or agency on a reimbursable basis: Provided, 

3 That this restriction shall not apply if the department is 

4 authorized by law to provide support to such department 

5 or agency on a nonreimbursable basis, and is providing the 

6 requested support pursuant to such authority: Provided fur7 ther, That the Secretary of Defense may waive this restric8 tion on a case-by-case basis by certifying in writing to the 

9 Committees on Appropriations of the House of Representa10 tives and the Senate that it is in the national security inter11 est to do so. 

12 SEC. 8067. Notwithstanding section 12310(b) of title 

13 10, United States Code, a Reserve who is a member of the 

14 National Guard serving on full-time National Guard duty 

15 under section 502(f) of title 32, United States Code, may 

16 perform duties in support of the ground-based elements of 

17 the National Ballistic Missile Defense System. 

18 SEC. 8068. None of the funds provided in this Act may 

19 be used to transfer to any nongovernmental entity ammuni20 tion held by the Department of Defense that has a center21 fire cartridge and a United States military nomenclature 

22 designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 

23 ‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in24 cendiary-tracer (API–T)’’, except to an entity performing 

25 demilitarization services for the Department of Defense 
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1 under a contract that requires the entity to demonstrate to 

2 the satisfaction of the Department of Defense that armor 

3 piercing projectiles are either: (1) rendered incapable of 

4 reuse by the demilitarization process; or (2) used to manu5 facture ammunition pursuant to a contract with the De6 partment of Defense or the manufacture of ammunition for 

7 export pursuant to a License for Permanent Export of Un8 classified Military Articles issued by the Department of 

9 State. 

10 SEC. 8069. Notwithstanding any other provision of 

11 law, the Chief of the National Guard Bureau, or his des12 ignee, may waive payment of all or part of the consider13 ation that otherwise would be required under section 2667 

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

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

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

17 United States Code, or any other youth, social, or fraternal 

18 nonprofit organization as may be approved by the Chief 

19 of the National Guard Bureau, or his designee, on a case20 by-case basis. 

21 SEC. 8070. None of the funds appropriated by this Act 

22 shall be used for the support of any nonappropriated funds 

23 activity of the Department of Defense that procures malt 

24 beverages and wine with nonappropriated funds for resale 

25 (including such alcoholic beverages sold by the drink) on 
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1 a military installation located in the United States unless 

2 such malt beverages and wine are procured within that 

3 State, or in the case of the District of Columbia, within 

4 the District of Columbia, in which the military installation 

5 is located: Provided, That in a case in which the military 

6 installation is located in more than one State, purchases 

7 may be made in any State in which the installation is lo8 cated: Provided further, That such local procurement re9 quirements for malt beverages and wine shall apply to all 

10 alcoholic beverages only for military installations in States 

11 which are not contiguous with another State: Provided fur12 ther, That alcoholic beverages other than wine and malt bev13 erages, in contiguous States and the District of Columbia 

14 shall be procured from the most competitive source, price 

15 and other factors considered. 

16 SEC. 8071. Funds available to the Department of De17 fense for the Global Positioning System during the current 

18 fiscal year may be used to fund civil requirements associ19 ated with the satellite and ground control segments of such 

20 system’s modernization program. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 8072. Of the amounts appropriated in this Act 

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

24 $106,754,000 shall remain available until expended: Pro25 vided, That notwithstanding any other provision of law, the 
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1 Secretary of Defense is authorized to transfer such funds 

2 to other activities of the Federal Government: Provided fur3 ther, That the Secretary of Defense is authorized to enter 

4 into and carry out contracts for the acquisition of real 

5 property, construction, personal services, and operations re6 lated to projects carrying out the purposes of this section: 

7 Provided further, That contracts entered into under the au8 thority of this section may provide for such indemnification 

9 as the Secretary determines to be necessary: Provided fur10 ther, That projects authorized by this section shall comply 

11 with applicable Federal, State, and local law to the max12 imum extent consistent with the national security, as deter13 mined by the Secretary of Defense. 

14 SEC. 8073. Section 8106 of the Department of Defense 

15 Appropriations Act, 1997 (titles I through VIII of the mat16 ter under subsection 101(b) of Public Law 104–208; 110 

17 Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 

18 to apply to disbursements that are made by the Department 

19 of Defense in fiscal year 2010. 

20 SEC. 8074. In addition to amounts provided elsewhere 

21 in this Act, $3,750,000 is hereby appropriated to the De22 partment of Defense, to remain available for obligation 

23 until expended: Provided, That notwithstanding any other 

24 provision of law, these funds shall be available only for a 

25 grant to the Fisher House Foundation, Inc., only for the 
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1 construction and furnishing of additional Fisher Houses to 

2 meet the needs of military family members when confronted 

3 with the illness or hospitalization of an eligible military 

4 beneficiary. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8075. Of the amounts appropriated in this Act 

7 under the heading ‘‘Research, Development, Test and Eval8 uation, Defense-Wide’’, $202,434,000 shall be for the Israeli 

9 Cooperative Programs: Provided, That of this amount, 

10 $80,092,000 shall be for the Short Range Ballistic Missile 

11 Defense (SRBMD) program, including cruise missile de12 fense research and development under the SRBMD pro13 gram, $50,036,000 shall be available for an upper-tier com14 ponent to the Israeli Missile Defense Architecture, and 

15 $72,306,000 shall be for the Arrow Missile Defense Program, 

16 of which $25,000,000 shall be for producing Arrow missile 

17 components in the United States and Arrow missile compo18 nents in Israel to meet Israel’s defense requirements, con19 sistent with each nation’s laws, regulations and procedures: 

20 Provided further, That funds made available under this 

21 provision for production of missiles and missile components 

22 may be transferred to appropriations available for the pro23 curement of weapons and equipment, to be merged with and 

24 to be available for the same time period and the same pur25 poses as the appropriation to which transferred: Provided 
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1 further, That the transfer authority provided under this 

2 provision is in addition to any other transfer authority con3 tained in this Act. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 8076. Of the amounts appropriated in this Act 

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

7 $144,950,000 shall be available until September 30, 2010, 

8 to fund prior year shipbuilding cost increases: Provided, 

9 That upon enactment of this Act, the Secretary of the Navy 

10 shall transfer such funds to the following appropriations in 

11 the amounts specified: Provided further, That the amounts 

12 transferred shall be merged with and be available for the 

13 same purposes as the appropriations to which transferred: 

14 To: 

15 Under the heading ‘‘Shipbuilding and Con16 version, Navy, 2004/2010’’: 

17 New SSN, $26,906,000; and 

18 LPD–17 Amphibious Transport Dock 

19 Program, $16,844,000. 

20 Under the heading ‘‘Shipbuilding and Con21 version, Navy, 2005/2010’’: 

22 New SSN, $18,702,000; and 

23 LPD–17 Amphibious Transport Dock 

24 Program, $16,498,000. 
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1 Under the heading ‘‘Shipbuilding and Con2 version, Navy, 2008/2012’’: 

3 LPD–17 Amphibious Transport Dock 

4 Program, $66,000,000. 

5 SEC. 8077. None of the funds available to the Depart6 ment of Defense may be obligated to modify command and 

7 control relationships to give Fleet Forces Command admin8 istrative and operational control of U.S. Navy forces as9 signed to the Pacific fleet: Provided, That the command and 

10 control relationships which existed on October 1, 2004, shall 

11 remain in force unless changes are specifically authorized 

12 in a subsequent Act. 

13 SEC. 8078. Notwithstanding any other provision of 

14 law or regulation, the Secretary of Defense may exercise the 

15 provisions of section 7403(g) of title 38, United States Code, 

16 for occupations listed in section 7403(a)(2) of title 38, 

17 United States Code, as well as the following: 

18 Pharmacists, Audiologists, Psychologists, Social 

19 Workers, Othotists/Prosthetists, Occupational Thera20 pists, Physical Therapists, Rehabilitation Therapists, 

21 Respiratory Therapists, Speech Pathologists, Dieti22 tian/Nutritionists, Industrial Hygienists, Psychology 

23 Technicians, Social Service Assistants, Practical 

24 Nurses, Nursing Assistants, and Dental Hygienists: 
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1 (A) The requirements of section 

2 7403(g)(1)(A) of title 38, United States Code, 

3 shall apply. 

4 (B) The limitations of section 7403(g)(1)(B) 

5 of title 38, United States Code, shall not apply. 

6 SEC. 8079. Funds appropriated by this Act, or made 

7 available by the transfer of funds in this Act, for intelligence 

8 activities are deemed to be specifically authorized by the 

9 Congress for purposes of section 504 of the National Secu10 rity Act of 1947 (50 U.S.C. 414) during fiscal year 2010 

11 until the enactment of the Intelligence Authorization Act 

12 for Fiscal Year 2010. 

13 SEC. 8080. None of the funds provided in this Act shall 

14 be available for obligation or expenditure through a re15 programming of funds that creates or initiates a new pro16 gram, project, or activity unless such program, project, or 

17 activity must be undertaken immediately in the interest of 

18 national security and only after written prior notification 

19 to the congressional defense committees. 

20 SEC. 8081. In addition to funds made available else21 where in this Act, $5,500,000 is hereby appropriated and 

22 shall remain available until expended to provide assistance, 

23 by grant or otherwise (such as the provision of funds for 

24 information technology and textbook purchases, professional 

25 development for educators, and student transition support) 
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1 to public schools in states that are considered overseas as2 signments with unusually high concentrations of special 

3 needs military dependents enrolled: Provided, That up to 

4 2 percent of the total appropriated funds under this section 

5 shall be available for the administration and execution of 

6 the programs and/or events that promote the purpose of this 

7 appropriation: Provided further, That up to 5 percent of 

8 the total appropriated funds under this section shall be 

9 available to public schools that have entered into a military 

10 partnership: Provided further, That $1,000,000 shall be 

11 available for a nonprofit trust fund to assist in the public12 private funding of public school repair and maintenance 

13 projects: Provided further, That $500,000 shall be available 

14 to fund an ongoing special education support program in 

15 public schools with unusually high concentrations of active 

16 duty military dependents enrolled: Provided further, That 

17 to the extent a Federal agency provides this assistance by 

18 contract, grant, or otherwise, it may accept and expend 

19 non-Federal funds in combination with these Federal funds 

20 to provide assistance for the authorized purpose. 

21 SEC. 8082. (a) In addition to the amounts provided 

22 elsewhere in this Act, $3,000,000 is hereby appropriated to 

23 the Department of Defense for ‘‘Operation and Mainte24 nance, Army National Guard’’. Such amount shall be made 

25 available to the Secretary of the Army only to make a grant 
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1 in the amount of $3,000,000 to the entity specified in sub2 section (b) to facilitate access by veterans to opportunities 

3 for skilled employment in the construction industry. 

4 (b) The entity referred to in subsection (a) is the Cen5 ter for Military Recruitment, Assessment and Veterans Em6 ployment, a nonprofit labor-management cooperation com7 mittee provided for by section 302(c)(9) of the Labor-Man8 agement Relations Act, 1947 (29 U.S.C. 186(c)(9)), for the 

9 purposes set forth in section 6(b) of the Labor Management 

10 Cooperation Act of 1978 (29 U.S.C. 175a note). 

11 SEC. 8083. The budget of the President for fiscal year 

12 2011 submitted to the Congress pursuant to section 1105 

13 of title 31, United States Code, shall include separate budget 

14 justification documents for costs of United States Armed 

15 Forces’ participation in contingency operations for the 

16 Military Personnel accounts, the Operation and Mainte17 nance accounts, and the Procurement accounts: Provided, 

18 That these documents shall include a description of the 

19 funding requested for each contingency operation, for each 

20 military service, to include all Active and Reserve compo21 nents, and for each appropriations account: Provided fur22 ther, That these documents shall include estimated costs for 

23 each element of expense or object class, a reconciliation of 

24 increases and decreases for each contingency operation, and 

25 programmatic data including, but not limited to, troop 
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1 strength for each Active and Reserve component, and esti2 mates of the major weapons systems deployed in support 

3 of each contingency: Provided further, That these documents 

4 shall include budget exhibits OP–5 and OP–32 (as defined 

5 in the Department of Defense Financial Management Regu6 lation) for all contingency operations for the budget year 

7 and the two preceding fiscal years. 

8 SEC. 8084. None of the funds in this Act may be used 

9 for research, development, test, evaluation, procurement or 

10 deployment of nuclear armed interceptors of a missile de11 fense system. 

12 SEC. 8085. In addition to the amounts appropriated 

13 or otherwise made available elsewhere in this Act, 

14 $110,640,000 is hereby appropriated to the Department of 

15 Defense: Provided, That the Secretary of Defense shall make 

16 grants in the amounts specified as follows: $15,000,000 to 

17 the United Service Organizations; $22,500,000 to the Red 

18 Cross; $6,000,000 to the SOAR Virtual School District; 

19 $5,000,000 to The Presidio Heritage Center; $5,000,000 to 

20 the Paralympics Military Program; $3,840,000 to the Ar21 rest Deterioration of Ford Island Aviation Control Tower, 

22 Pearl Harbor, Hawaii; $1,500,000 to the Go For Broke pro23 gram; $800,000 to Our Military Kids; $3,000,000 to the 

24 New Jersey Technology Center; $1,600,000 to the Women 

25 in Military Service for America Memorial; $500,000 to the 
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1 Marshall Legacy Institute; $1,000,000 to the Vietnam Vet2 erans Memorial Fund for Demining Activities; $18,900,000 

3 to the Edward M. Kennedy Institute for the Senate; 

4 $5,000,000 to the U.S.S. Missouri Memorial Association; 

5 $20,000,000 to the National World War II Museum; and 

6 $1,000,000 for the Riverside General Hospital in Houston, 

7 Texas, for the treatment of psychological health issues. 

8 SEC. 8086. None of the funds appropriated or made 

9 available in this Act shall be used to reduce or disestablish 

10 the operation of the 53rd Weather Reconnaissance Squad11 ron of the Air Force Reserve, if such action would reduce 

12 the WC–130 Weather Reconnaissance mission below the lev13 els funded in this Act: Provided, That the Air Force shall 

14 allow the 53rd Weather Reconnaissance Squadron to per15 form other missions in support of national defense require16 ments during the non-hurricane season. 

17 SEC. 8087. None of the funds provided in this Act shall 

18 be available for integration of foreign intelligence informa19 tion unless the information has been lawfully collected and 

20 processed during the conduct of authorized foreign intel21 ligence activities: Provided, That information pertaining to 

22 United States persons shall only be handled in accordance 

23 with protections provided in the Fourth Amendment of the 

24 United States Constitution as implemented through Execu25 tive Order No. 12333. 
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1 SEC. 8088. (a) At the time members of reserve compo2 nents of the Armed Forces are called or ordered to active 

3 duty under section 12302(a) of title 10, United States Code, 

4 each member shall be notified in writing of the expected 

5 period during which the member will be mobilized. 

6 (b) The Secretary of Defense may waive the require7 ments of subsection (a) in any case in which the Secretary 

8 determines that it is necessary to do so to respond to a na9 tional security emergency or to meet dire operational re10 quirements of the Armed Forces. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 8089. The Secretary of Defense may transfer 

13 funds from any available Department of the Navy appro14 priation to any available Navy ship construction appro15 priation for the purpose of liquidating necessary changes 

16 resulting from inflation, market fluctuations, or rate adjust17 ments for any ship construction program appropriated in 

18 law: Provided, That the Secretary may transfer not to ex19 ceed $100,000,000 under the authority provided by this sec20 tion: Provided further, That the Secretary may not transfer 

21 any funds until 30 days after the proposed transfer has been 

22 reported to the Committees on Appropriations of the House 

23 of Representatives and the Senate, unless a response from 

24 the Committees is received sooner: Provided further, That 

25 the transfer authority provided by this section is in addi-
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1 tion to any other transfer authority contained elsewhere in 

2 this Act. 

3 SEC. 8090. For purposes of section 612 of title 41, 

4 United States Code, any subdivision of appropriations 

5 made under the heading ‘‘Shipbuilding and Conversion, 

6 Navy’’ that is not closed at the time reimbursement is made 

7 shall be available to reimburse the Judgment Fund and 

8 shall be considered for the same purposes as any subdivision 

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

10 appropriations in the current fiscal year or any prior fiscal 

11 year. 

12 SEC. 8091. (a) None of the funds appropriated by this 

13 Act may be used to transfer research and development, ac14 quisition, or other program authority relating to current 

15 tactical unmanned aerial vehicles (TUAVs) from the Army. 

16 (b) The Army shall retain responsibility for and oper17 ational control of the MQ–1C Sky Warrior Unmanned Aer18 ial Vehicle (UAV) in order to support the Secretary of De19 fense in matters relating to the employment of unmanned 

20 aerial vehicles. 

21 SEC. 8092. Of the funds provided in this Act, 

22 $10,000,000 shall be available for the operations and devel23 opment of training and technology for the Joint Inter24 agency Training and Education Center and the affiliated 

25 Center for National Response at the Memorial Tunnel and 
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1 for providing homeland defense/security and traditional 

2 warfighting training to the Department of Defense, other 

3 Federal agencies, and State and local first responder per4 sonnel at the Joint Interagency Training and Education 

5 Center. 

6 SEC. 8093. Notwithstanding any other provision of 

7 law or regulation, the Secretary of Defense may adjust wage 

8 rates for civilian employees hired for certain health care 

9 occupations as authorized for the Secretary of Veterans Af10 fairs by section 7455 of title 38, United States Code. 

11 SEC. 8094. Up to $16,000,000 of the funds appro12 priated under the heading ‘‘Operation and Maintenance, 

13 Navy’’ may be made available for the Asia Pacific Regional 

14 Initiative Program for the purpose of enabling the Pacific 

15 Command to execute Theater Security Cooperation activi16 ties such as humanitarian assistance, and payment of in17 cremental and personnel costs of training and exercising 

18 with foreign security forces: Provided, That funds made 

19 available for this purpose may be used, notwithstanding 

20 any other funding authorities for humanitarian assistance, 

21 security assistance or combined exercise expenses: Provided 

22 further, That funds may not be obligated to provide assist23 ance to any foreign country that is otherwise prohibited 

24 from receiving such type of assistance under any other pro25 vision of law. 
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1 SEC. 8095. None of the funds appropriated by this Act 

2 for programs of the Office of the Director of National Intel3 ligence shall remain available for obligation beyond the cur4 rent fiscal year, except for funds appropriated for research 

5 and technology, which shall remain available until Sep6 tember 30, 2011. 

7 SEC. 8096. For purposes of section 1553(b) of title 31, 

8 United States Code, any subdivision of appropriations 

9 made in this Act under the heading ‘‘Shipbuilding and 

10 Conversion, Navy’’ shall be considered to be for the same 

11 purpose as any subdivision under the heading ‘‘Ship12 building and Conversion, Navy’’ appropriations in any 

13 prior fiscal year, and the 1 percent limitation shall apply 

14 to the total amount of the appropriation. 

15 SEC. 8097. Notwithstanding any other provision of 

16 this Act, to reflect savings from revised economic assump17 tions, the total amount appropriated in title II of this Act 

18 is hereby reduced by $194,000,000, the total amount appro19 priated in title III of this Act is hereby reduced by 

20 $322,000,000, the total amount appropriated in title IV of 

21 this Act is hereby reduced by $336,000,000, and the total 

22 amount appropriated in title V of this Act is hereby reduced 

23 by $9,000,000: Provided, That the Secretary of Defense shall 

24 allocate this reduction proportionally to each budget activ-
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1 ity, activity group, subactivity group, and each program, 

2 project, and activity, within each appropriation account. 

3 SEC. 8098. 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. 8099. The Secretary of Defense shall create a 

9 major force program category for space for the Future Years 

10 Defense Program of the Department of Defense. The Sec11 retary of Defense shall designate an official in the Office 

12 of the Secretary of Defense to provide overall supervision 

13 of the preparation and justification of program rec14 ommendations and budget proposals to be included in such 

15 major force program category. 

16 SEC. 8100. The Director of National Intelligence shall 

17 include the budget exhibits identified in paragraphs (1) and 

18 (2) as described in the Department of Defense Financial 

19 Management Regulation with the congressional budget jus20 tification 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. 8101. 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, grant, 

13 or agreement (or similar arrangement): Provided, That this 

14 limitation shall apply only to contracts, grants, or coopera15 tive agreements entered into after the date of enactment of 

16 this Act using funds made available in this Act for basic 

17 research. 

18 SEC. 8102. The Secretary of Defense shall maintain 

19 on the homepage of the Internet website of the Department 

20 of Defense a direct link to the Internet website of the Office 

21 of Inspector General of the Department of Defense. 

22 SEC. 8103. (a) Not later than 60 days after enactment 

23 of this Act, the Office of the Director of National Intelligence 

24 shall submit a report to the congressional intelligence com25 mittees to establish the baseline for application of re-
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1 programming and transfer authorities for fiscal year 2010: 

2 Provided, That the report shall include— 

3 (1) a table for each appropriation with a sepa4 rate column to display the President’s budget request, 

5 adjustments made by Congress, adjustments due to 

6 enacted rescissions, if appropriate, and the fiscal year 

7 enacted level; 

8 (2) a delineation in the table for each appropria9 tion 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 cer17 tifies in writing to the congressional intelligence committees 

18 that such reprogramming or transfer is necessary as an 

19 emergency requirement. 

20 SEC. 8104. The Director of National Intelligence shall 

21 submit to Congress each year, at or about the time that 

22 the President’s budget is submitted to Congress that year 

23 under section 1105(a) of title 31, United States Code, a fu24 ture-years intelligence program (including associated an25 nexes) reflecting the estimated expenditures and proposed 
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1 appropriations included in that budget. Any such future2 years intelligence program shall cover the fiscal year with 

3 respect to which the budget is submitted and at least the 

4 four succeeding fiscal years. 

5 SEC. 8105. For the purposes of this Act, the term ‘‘con6 gressional intelligence committees’’ means the Permanent 

7 Select Committee on Intelligence of the House of Represent8 atives, the Select Committee on Intelligence of the Senate, 

9 the Subcommittee on Defense of the Committee on Appro10 priations of the House of Representatives, and the Sub11 committee on Defense of the Committee on Appropriations 

12 of the Senate. 

13 SEC. 8106. The Department of Defense shall continue 

14 to report incremental contingency operations costs for Oper15 ation Iraqi Freedom and Operation Enduring Freedom on 

16 a monthly basis in the Cost of War Execution Report as 

17 prescribed in the Department of Defense Financial Manage18 ment Regulation Department of Defense Instruction 

19 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 

20 Annex 1, dated September 2005. 

21 SEC. 8107. The amounts appropriated in title II of 

22 this Act are hereby reduced by $400,000,000 to reflect excess 

23 cash balances in Department of Defense Working Capital 

24 Funds, as follows: 
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1 (1) From ‘‘Operation and Maintenance, Army’’, 

2 $150,000,000; and 

3 (2) From ‘‘Operation and Maintenance, Air 

4 Force’’, $250,000,000. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8108. (a) CONTINUATION OF STOP-LOSS SPECIAL

7 PAY.—Funds appropriated by this Act, or made available 

8 by the transfer of funds in this Act, shall be made available 

9 to the Secretaries of the military departments only to pro10 vide special pay during fiscal year 2010 to members of the 

11 Army, Navy, Air Force, and Marine Corps, including mem12 bers of their reserve components, who, at any time during 

13 fiscal year 2010, serve on active duty while the members’ 

14 enlistment or period of obligated service is extended, or 

15 whose eligibility for retirement is suspended, pursuant to 

16 section 123 or 12305 of title 10, United States Code, or any 

17 other provision of law (commonly referred to as a ‘‘stop18 loss authority’’) authorizing the President to extend an en19 listment or period of obligated service, or suspend an eligi20 bility for retirement, of a member of the uniformed services 

21 in time of war or of national emergency declared by Con22 gress or the President. 

23 (b) SPECIAL PAY AMOUNT.—The amount of the special 

24 pay paid under subsection (a) to or on behalf of an eligible 

25 member shall be $500 per month for each month or portion 
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1 of a month during fiscal year 2010 that the member is re2 tained on active duty as a result of application of the stop3 loss authority. 

4 (c) TREATMENT OF DECEASED MEMBERS.—If an eli5 gible member described in subsection (a) dies before the pay6 ment required by this section is made, the Secretary of the 

7 military department concerned shall make the payment in 

8 accordance with section 2771 of title 10, United States 

9 Code. 

10 (d) CLARIFICATION OF RETROACTIVE STOP-LOSS SPE11 CIAL PAY AUTHORITY.—Section 310 of the Supplemental 

12 Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 

13 1870) is amended by adding at the end the following new 

14 subsection: 

15 ‘‘(i) EFFECT OF SUBSEQUENT REENLISTMENT OF

16 VOLUNTARY EXTENSION OF SERVICE.—Members of the 

17 Armed Forces, retired members, and former members other18 wise described in subsection (a) are not eligible for a pay19 ment under this section if the members— 

20 ‘‘(1) voluntarily reenlisted or extended their serv21 ice after their enlistment or period of obligated service 

22 was extended, or after their eligibility for retirement 

23 was suspended, pursuant to a stop-loss authority; and 

24 ‘‘(2) received a bonus for such reenlistment or ex25 tension of service.’’. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8109. During the current fiscal year, not to ex3 ceed $11,000,000 from each of the appropriations made in 

4 title II of this Act for ‘‘Operation and Maintenance, Army’’, 

5 ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and 

6 Maintenance, Air Force’’ may be transferred by the mili7 tary department concerned to its central fund established 

8 for Fisher Houses and Suites pursuant to section 2493(d) 

9 of title 10, United States Code. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 8110. 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 Na15 tional Intelligence to other departments and agencies for 

16 purposes of Government-wide information sharing activi17 ties: Provided, That funds transferred under this provision 

18 are to be merged with and available for the same purposes 

19 and time period as the appropriation to which transferred: 

20 Provided further, That the Office of Management and Budg21 et must approve any transfers made under this provision. 

22 SEC. 8111. Funds appropriated by this Act for oper23 ation and maintenance may be available for the purpose 

24 of making remittances to the Defense Acquisition Workforce 
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1 Development Fund in accordance with the requirements of 

2 section 1705 of title 10, United States Code. 

3 SEC. 8112. (a) HIGH PRIORITY NATIONAL GUARD

4 COUNTERDRUG PROGRAMS.—Of the amount appropriated 

5 or otherwise made available by title VI under the heading 

6 ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’, 

7 up to $15,000,000 shall be available for the purpose of High 

8 Priority National Guard Counterdrug Programs. 

9 (b) SUPPLEMENT NOT SUPPLANT.—The amount made 

10 available by subsection (a) for the purpose specified in that 

11 subsection is in addition to any other amounts made avail12 able by this Act for that purpose. 

13 APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES

14 SEC. 8113. (a) ACKNOWLEDGMENT AND APOLOGY.— 

15 The United States, acting through Congress— 

16 (1) recognizes the special legal and political rela17 tionship Indian tribes have with the United States 

18 and the solemn covenant with the land we share; 

19 (2) commends and honors Native Peoples for the 

20 thousands of years that they have stewarded and pro21 tected this land; 

22 (3) recognizes that there have been years of offi23 cial depredations, ill-conceived policies, and the 

24 breaking of covenants by the Federal Government re25 garding Indian tribes; 
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1 (4) apologizes on behalf of the people of the 

2 United States to all Native Peoples for the many in3 stances of violence, maltreatment, and neglect in4 flicted on Native Peoples by citizens of the United 

5 States; 

6 (5) expresses its regret for the ramifications of 

7 former wrongs and its commitment to build on the 

8 positive relationships of the past and present to move 

9 toward a brighter future where all the people of this 

10 land live reconciled as brothers and sisters, and har11 moniously steward and protect this land together; 

12 (6) urges the President to acknowledge the 

13 wrongs of the United States against Indian tribes in 

14 the history of the United States in order to bring 

15 healing to this land; and 

16 (7) commends the State governments that have 

17 begun reconciliation efforts with recognized Indian 

18 tribes located in their boundaries and encourages all 

19 State governments similarly to work toward recon20 ciling relationships with Indian tribes within their 

21 boundaries. 

22 (b) DISCLAIMER.—Nothing in this section— 

23 (1) authorizes or supports any claim against the 

24 United States; or 
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1 (2) serves as a settlement of any claim against 

2 the United States. 

3 SEC. 8114. (a) Any agency receiving funds made 

4 available in this Act, shall, subject to subsections (b) and 

5 (c), post on the public website of that agency any report 

6 required to be submitted by the Congress in this or any 

7 other Act, upon the determination by the head of the agency 

8 that it shall serve the national interest. 

9 (b) Subsection (a) shall not apply to a report if— 

10 (1) the public posting of the report compromises 

11 national security; or 

12 (2) the report contains proprietary information. 

13 (c) The head of the agency posting such report shall 

14 do so only after such report has been made available to the 

15 requesting Committee or Committees of Congress for no less 

16 than 45 days. 

17 SEC. 8115. (a) It is the sense of Congress that— 

18 (1) All of the National Nuclear Security Admin19 istration sites, including the Nevada Test Site can 

20 play an effective and essential role in developing and 

21 demonstrating— 

22 (A) innovative and effective methods for 

23 treaty verification and the detection of nuclear 

24 weapons and other materials; and 
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1 (B) related threat reduction technologies; 

2 and 

3 (2) the Administrator for Nuclear Security 

4 should expand the mission of the Nevada Test Site to 

5 carry out the role described in paragraph (1), includ6 ing by— 

7 (A) fully utilizing the inherent capabilities 

8 and uniquely secure location of the Site; 

9 (B) continuing to support the Nation’s nu10 clear weapons program and other national secu11 rity programs; and 

12 (C) renaming the Site to reflect the ex13 panded mission of the Site. 

14 (b) Not later than one year after the date of the enact15 ment of this Act, the Administrator for Nuclear Security 

16 shall submit to the congressional defense committees and the 

17 Subcommittees on Energy and Water Development of the 

18 Committees on Appropriations a plan for improving the 

19 infrastructure of the Nevada Test Site of the National Nu20 clear Security Administration and, if the Administrator 

21 deems appropriate, all other sites under the jurisdiction of 

22 the National Nuclear Security Administration— 

23 (1) to fulfill the expanded mission of the Site de24 scribed in subsection (a); and 
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1 (2) to make the Site available to support the 

2 threat reduction programs of the entire national secu3 rity community, including threat reduction programs 

4 of the National Nuclear Security Administration, the 

5 Defense Threat Reduction Agency, the Department of 

6 Homeland Security, and other agencies as appro7 priate. 

8 SEC. 8116. (a) None of the funds appropriated or oth9 erwise made available by this Act may be expended for any 

10 Federal contract for an amount in excess of $1,000,000 that 

11 is awarded more than 60 days after the effective date of 

12 this Act, unless the contractor agrees not to: 

13 (1) enter into any agreement with any of its em14 ployees or independent contractors that requires, as a 

15 condition of employment, that the employee or inde16 pendent contractor agree to resolve through arbitra17 tion any claim under title VII of the Civil Rights Act 

18 of 1964 or any tort related to or arising out of sexual 

19 assault or harassment, including assault and battery, 

20 intentional infliction of emotional distress, false im21 prisonment, or negligent hiring, supervision, or reten22 tion; or 

23 (2) take any action to enforce any provision of 

24 an existing agreement with an employee or inde25 pendent contractor that mandates that the employee 
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1 or independent contractor resolve through arbitration 

2 any claim under title VII of the Civil Rights Act of 

3 1964 or any tort related to or arising out of sexual 

4 assault or harassment, including assault and battery, 

5 intentional infliction of emotional distress, false im6 prisonment, or negligent hiring, supervision, or reten7 tion. 

8 (b) None of the funds appropriated or otherwise made 

9 available by this Act may be expended for any Federal con10 tract awarded more than 180 days after the effective date 

11 of this Act unless the contractor certifies that it requires 

12 each covered subcontractor to agree not to enter into, and 

13 not to take any action to enforce any provision of, any 

14 agreement as described in paragraphs (1) and (2) of sub15 section (a), with respect to any employee or independent 

16 contractor performing work related to such subcontract. For 

17 purposes of this subsection, a ‘‘covered subcontractor’’ is an 

18 entity that has a subcontract in excess of $1,000,000 on a 

19 contract subject to subsection (a). 

20 (c) The prohibitions in this section do not apply with 

21 respect to a contractor’s or subcontractor’s agreements with 

22 employees or independent contractors that may not be en23 forced in a court of the United States. 

24 (d) The Secretary of Defense may waive the applica25 tion of subsection (a) or (b) to a particular contractor or 
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1 subcontractor for the purposes of a particular contract or 

2 subcontract if the Secretary or the Deputy Secretary per3 sonally determines that the waiver is necessary to avoid 

4 harm to national security interests of the United States, 

5 and that the term of the contract or subcontract is not 

6 longer than necessary to avoid such harm. The determina7 tion shall set forth with specificity the grounds for the waiv8 er and for the contract or subcontract term selected, and 

9 shall state any alternatives considered in lieu of a waiver 

10 and the reasons each such alternative would not avoid harm 

11 to national security interests of the United States. The Sec12 retary of Defense shall transmit to Congress, and simulta13 neously make public, any determination under this sub14 section not less than 15 business days before the contract 

15 or subcontract addressed in the determination may be 

16 awarded. 

17 SEC. 8117. (a) PROHIBITION ON CONVERSION OF

18 FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO CON19 TRACTOR PERFORMANCE.—None of the funds appropriated 

20 or otherwise made available by this Act, or that remain 

21 available for obligation for the Department of Defense from 

22 the Consolidated Security, Disaster Assistance, and Con23 tinuing Appropriations Act, 2009 (Public Law 110–329), 

24 the American Recovery and Reinvestment Act of 2009 (Pub25 lic Law 111–5), and the Supplemental Appropriations Act, 
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1 2009 (Public Law 111–32), may be used to begin or an2 nounce the competition to award to a contractor or convert 

3 to performance by a contractor any functions performed by 

4 Federal employees pursuant to a study conducted under Of5 fice of Management and Budget (OMB) Circular A–76. 

6 (b) EXCEPTION.—The prohibition in subsection (a) 

7 shall not apply to the award of a function to a contractor 

8 or the conversion of a function to performance by a con9 tractor pursuant to a study conducted under Office of Man10 agement and Budget (OMB) Circular A–76 once all report11 ing and certifications required by section 325 of the Na12 tional Defense Authorization Act for Fiscal Year 2010 (Pub13 lic Law 111–84) have been satisfactorily completed. 

14 SEC. 8118. (a)(1) No National Intelligence Program 

15 funds appropriated in this Act may be used for a mission 

16 critical or mission essential business management informa17 tion technology system that is not registered with the Direc18 tor of National Intelligence. A system shall be considered 

19 to be registered with that officer upon the furnishing notice 

20 of the system, together with such information concerning 

21 the system as the Director of the Business Transformation 

22 Office may prescribe. 

23 (2) During the current fiscal year no funds may be 

24 obligated or expended for a financial management auto25 mated information system, a mixed information system 
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1 supporting financial and non-financial systems, or a busi2 ness system improvement of more than $3,000,000, within 

3 the Intelligence Community without the approval of the 

4 Business Transformation Investment Review Board. 

5 (b) The Director of the Business Transformation Office 

6 shall provide the congressional intelligence committees a 

7 semi-annual report of approvals under paragraph (1) no 

8 later than March 30 and September 30 of each year. The 

9 report shall include the results of the Business Trans10 formation Investment Review Board’s semi-annual activi11 ties, and each report shall certify that the following steps 

12 have been taken for systems approved under paragraph (1): 

13 (1) Business process reengineering. 

14 (2) An analysis of alternatives and an economic 

15 analysis that includes a calculation of the return on 

16 investment. 

17 (3) Assurance the system is compatible with the 

18 enterprise-wide business architecture. 

19 (4) Performance measures. 

20 (5) An information assurance strategy consistent 

21 with the Chief Information Officer of the Intelligence 

22 Community. 

23 (c) This section shall not apply to any programmatic 

24 or analytic systems or programmatic or analytic system 

25 improvements. 
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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8119. In addition to funds made available else3 where in this Act, there is hereby appropriated 

4 $291,715,000, to remain available until transferred: Pro5 vided, That these funds are appropriated to the ‘‘Tanker 

6 Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 

7 elsewhere in this section): Provided further, That the Sec8 retary of the Air Force may transfer amounts in the Fund 

9 to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft Pro10 curement, Air Force’’, and ‘‘Research, Development, Test 

11 and Evaluation, Air Force’’, only for the purposes of pro12 ceeding with a tanker acquisition program: Provided fur13 ther, That funds transferred shall be merged with and be 

14 available for the same purposes and for the same time pe15 riod as the appropriations or fund to which transferred: 

16 Provided further, That this transfer authority is in addi17 tion to any other transfer authority available to the Depart18 ment of Defense: Provided further, That the Secretary of 

19 the Air Force shall, not fewer than 15 days prior to making 

20 transfers using funds provided in this section, notify the 

21 congressional defense committees in writing of the details 

22 of any such transfer: Provided further, That the Secretary 

23 shall submit a report no later than 30 days after the end 

24 of each fiscal quarter to the congressional defense commit-
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1 tees summarizing the details of the transfer of funds from 

2 this appropriation. 

3 SEC. 8120. (a) RESETTLEMENT SUPPORT AND OTHER

4 PUBLIC BENEFITS FOR CERTAIN IRAQI REFUGEES.—Sec5 tion 1244(g) of the Refugee Crisis in Iraq Act of 2007 (sub6 title C of title XII of division A of Public Law 110–181; 

7 122 Stat. 398) is amended by striking ‘‘for a period not 

8 to exceed eight months’’ and inserting ‘‘to the same extent, 

9 and for the same periods of time, as such refugees’’. 

10 (b) RESETTLEMENT SUPPORT AND OTHER PUBLIC

11 BENEFITS FOR CERTAIN AFGHAN ALLIES.—Section 

12 602(b)(8) of the Afghan Allies Protection Act of 2009 (title 

13 VI of division F of Public Law 111–8; 123 Stat. 809) is 

14 amended by striking ‘‘for a period not to exceed 8 months’’ 

15 and inserting ‘‘to the same extent, and for the same periods 

16 of time, as such refugees’’. 

17 SEC. 8121. (a) Each congressionally directed spending 

18 item specified in this Act or the explanatory statement re19 garding this Act that is also identified in Senate Report 

20 111–74 and intended for award to a for-profit entity shall 

21 be subject to acquisition regulations for full and open com22 petition on the same basis as each spending item intended 

23 for a for-profit entity that is contained in the budget request 

24 of the President. 
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1 (b) EXCEPTIONS.—Subsection (a) shall not apply to 

2 any contract awarded— 

3 (1) by a means that is required by Federal stat4 ute, including for a purchase made under a mandated 

5 preferential program; 

6 (2) pursuant to the Small Business Act (15 

7 U.S.C. 631 et seq.); or 

8 (3) in an amount less than the simplified acqui9 sition threshold described in section 302A(a) of the 

10 Federal Property and Administrative Services Act of 

11 1949 (41 U.S.C. 252a(a)). 

12 (c) Any congressionally directed spending item speci13 fied in this Act or the explanatory statement regarding this 

14 Act that is intended for award to a for-profit entity and 

15 is not covered by the competition requirement specified in 

16 subsection (a), shall be awarded under full and open com17 petition, except that any contract previously awarded under 

18 full and open competition that remains in effect during fis19 cal year 2010 shall be considered to have satisfied the condi20 tions of full and open competition. 

21 (d) In this section, the term ‘‘congressionally directed 

22 spending item’’ means the following: 

23 (1) A congressionally directed spending item, as 

24 defined in Rule XLIV of the Standing Rules of the 

25 Senate. 
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1 (2) A congressional earmark for purposes of rule 

2 XXI of the House of Representatives. 

3 SEC. 8122. None of the funds appropriated or other4 wise made available by this Act may be used to award to 

5 a contractor or convert to performance by a contractor any 

6 functions pursuant to a study conducted under Office of 

7 Management and Budget (OMB) Circular A–76 or as part 

8 of a utility privatization authorized under section 2688 of 

9 title 10, United States Code or under any other provision 

10 of law, that are performed by Federal employees at the 

11 United States Military Academy, West Point, as of the date 

12 of enactment of this Act. 

13 SEC. 8123. None of the funds made available under 

14 this Act may be distributed to the Association of Commu15 nity Organizations for Reform Now (ACORN) or its sub16 sidiaries. 

17 SEC. 8124. The explanatory statement regarding this 

18 Act printed in the House of Representatives section of the 

19 Congressional Record on or about December 16, 2010, by 

20 the Chairman of the Subcommittee on Defense of the Com21 mittee on Appropriations of the House of Representatives 

22 shall have the same effect with respect to the allocation of 

23 funds and implementation of this Act as if it were a joint 

24 explanatory statement of a committee of conference. 
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1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $9,958,840,000. 

7 MILITARY PERSONNEL, NAVY

8 For an additional amount for ‘‘Military Personnel, 

9 Navy’’, $1,388,601,000. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Military Personnel, 

12 Marine Corps’’, $778,722,000. 

13 MILITARY PERSONNEL, AIR FORCE

14 For an additional amount for ‘‘Military Personnel, 

15 Air Force’’, $1,667,376,000. 

16 RESERVE PERSONNEL, ARMY

17 For an additional amount for ‘‘Reserve Personnel, 

18 Army’’, $293,137,000. 

19 RESERVE PERSONNEL, NAVY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Navy’’, $37,040,000. 

22 RESERVE PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, Ma24 rine Corps’’, $31,337,000. 
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1 RESERVE PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Reserve Personnel, Air 

3 Force’’, $19,822,000. 

4 NATIONAL GUARD PERSONNEL, ARMY

5 For an additional amount for ‘‘National Guard Per6 sonnel, Army’’, $824,966,000. 

7 NATIONAL GUARD PERSONNEL, AIR FORCE

8 For an additional amount for ‘‘National Guard Per9 sonnel, Air Force’’, $9,500,000. 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For an additional amount for ‘‘Operation and Mainte13 nance, Army’’, $47,821,154,000. 

14 OPERATION AND MAINTENANCE, NAVY

15 For an additional amount for ‘‘Operation and Mainte16 nance, Navy’’, $5,475,925,000. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 For an additional amount for ‘‘Operation and Mainte19 nance, Marine Corps’’, $3,430,258,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For an additional amount for ‘‘Operation and Mainte22 nance, Air Force’’, $9,216,319,000. 

23 OPERATION AND MAINTENANCE, DEFENSE-WIDE

24 For an additional amount for ‘‘Operation and Mainte25 nance, Defense-Wide’’, $7,490,900,000, of which: 
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1 (1) Not to exceed $12,500,000 for the Combatant 

2 Commander Initiative Fund, to be used in support of 

3 Operation Iraqi Freedom and Operation Enduring 

4 Freedom; and 

5 (2) Not to exceed $1,570,000,000, to remain 

6 available until expended, for payments to reimburse 

7 key cooperating nations for logistical, military, and 

8 other support, including access provided to United 

9 States military operations in support of Operation 

10 Iraqi Freedom and Operation Enduring Freedom, 

11 notwithstanding any other provision of law: Provided, 

12 That such reimbursement payments may be made in 

13 such amounts as the Secretary of Defense, with the 

14 concurrence of the Secretary of State, and in con15 sultation with the Director of the Office of Manage16 ment and Budget, may determine, in his discretion, 

17 based on documentation determined by the Secretary 

18 of Defense to adequately account for the support pro19 vided, and such determination is final and conclusive 

20 upon the accounting officers of the United States, and 

21 15 days following notification to the appropriate con22 gressional committees: Provided further, That these 

23 funds may be used for the purpose of providing spe24 cialized training and procuring supplies and special25 ized equipment and providing such supplies and 
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1 loaning such equipment on a non-reimbursable basis 

2 to coalition forces supporting United States military 

3 operations in Iraq and Afghanistan, and 15 days fol4 lowing notification to the appropriate congressional 

5 committees: Provided further, That the Secretary of 

6 Defense shall provide quarterly reports to the congres7 sional defense committees on the use of funds provided 

8 in this paragraph. 

9 OPERATION AND MAINTENANCE, ARMY RESERVE

10 For an additional amount for ‘‘Operation and Mainte11 nance, Army Reserve’’, $204,326,000. 

12 OPERATION AND MAINTENANCE, NAVY RESERVE

13 For an additional amount for ‘‘Operation and Mainte14 nance, Navy Reserve’’, $68,059,000. 

15 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Marine Corps Reserve’’, $86,667,000. 

18 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

19 For an additional amount for ‘‘Operation and Mainte20 nance, Air Force Reserve’’, $125,925,000. 

21 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

22 For an additional amount for ‘‘Operation and Mainte23 nance, Army National Guard’’, $321,646,000. 
123 

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1 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air National Guard’’, $289,862,000. 

4 OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for expenses directly relat7 ing to overseas contingency operations by United States 

8 military forces, $5,000,000,000, to remain available for ob9 ligation until expended: Provided, That of the funds made 

10 available under this heading, the Secretary of Defense may 

11 transfer these funds only to military personnel accounts, op12 eration and maintenance accounts, the defense health pro13 gram appropriation, the Mine Resistant Ambush Protected 

14 Vehicle Fund, and working capital funds accounts: Pro15 vided further, That the funds transferred shall be merged 

16 with and shall be available for the same purposes and for 

17 the same time period, as the appropriation to which trans18 ferred: Provided further, That the Secretary shall notify the 

19 congressional defense committees 15 days prior to such 

20 transfer: Provided further, That the transfer authority pro21 vided under this heading is in addition to any other trans22 fer authority available to the Department of Defense. 

23 AFGHANISTAN SECURITY FORCES FUND

24 For the ‘‘Afghanistan Security Forces Fund’’, 

25 $6,562,769,000, to remain available until September 30, 
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1 2011: Provided, That such funds shall be available to the 

2 Secretary of Defense, notwithstanding any other provision 

3 of law, for the purpose of allowing the Commander, Com4 bined Security Transition Command—Afghanistan, or the 

5 Secretary’s designee, to provide assistance, with the concur6 rence of the Secretary of State, to the security forces of Af7 ghanistan, including the provision of equipment, supplies, 

8 services, training, facility and infrastructure repair, ren9 ovation, and construction, and funding: Provided further, 

10 That the authority to provide assistance under this heading 

11 is in addition to any other authority to provide assistance 

12 to foreign nations: Provided further, That contributions of 

13 funds for the purposes provided herein from any person, 

14 foreign government, or international organization may be 

15 credited to this Fund and used for such purposes: Provided 

16 further, That the Secretary of Defense shall notify the con17 gressional defense committees in writing upon the receipt 

18 and upon the obligation of any contribution, delineating 

19 the sources and amounts of the funds received and the spe20 cific use of such contributions: Provided further, That the 

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

22 to obligating from this appropriation account, notify the 

23 congressional defense committees in writing of the details 

24 of any such obligation. 
125 

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1 PROCUREMENT 

2 AIRCRAFT PROCUREMENT, ARMY

3 For an additional amount for ‘‘Aircraft Procurement, 

4 Army’’, $1,238,219,000, to remain available until Sep5 tember 30, 2012. 

6 MISSILE PROCUREMENT, ARMY

7 For an additional amount for ‘‘Missile Procurement, 

8 Army’’, $475,954,000, to remain available until September 

9 30, 2012. 

10 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

11 VEHICLES, ARMY

12 For an additional amount for ‘‘Procurement of Weap13 ons and Tracked Combat Vehicles, Army’’, $1,169,466,000, 

14 to remain available until September 30, 2012. 

15 PROCUREMENT OF AMMUNITION, ARMY

16 For an additional amount for ‘‘Procurement of Am17 munition, Army’’, $365,635,000, to remain available until 

18 September 30, 2012. 

19 OTHER PROCUREMENT, ARMY

20 For an additional amount for ‘‘Other Procurement, 

21 Army’’, $5,800,516,000, to remain available until Sep22 tember 30, 2012. 
126 

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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $853,297,000, to remain available until September 

4 30, 2012. 

5 WEAPONS PROCUREMENT, NAVY

6 For an additional amount for ‘‘Weapons Procurement, 

7 Navy’’, $50,700,000, to remain available until September 

8 30, 2012. 

9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For an additional amount for ‘‘Procurement of Am12 munition, Navy and Marine Corps’’, $675,957,000, to re13 main available until September 30, 2012. 

14 OTHER PROCUREMENT, NAVY

15 For an additional amount for ‘‘Other Procurement, 

16 Navy’’, $241,018,000, to remain available until September 

17 30, 2012. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $893,197,000, to remain available until September 

21 30, 2012. 

22 AIRCRAFT PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Aircraft Procurement, 

24 Air Force’’, $736,501,000, to remain available until Sep25 tember 30, 2012. 
127 

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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $36,625,000, to remain available until Sep4 tember 30, 2012. 

5 PROCUREMENT OF AMMUNITION, AIR FORCE

6 For an additional amount for ‘‘Procurement of Am7 munition, Air Force’’, $256,819,000, to remain available 

8 until September 30, 2012. 

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement, 

11 Air Force’’, $2,583,421,000, to remain available until Sep12 tember 30, 2012. 

13 PROCUREMENT, DEFENSE-WIDE

14 For an additional amount for ‘‘Procurement, Defense15 Wide’’, $480,780,000, to remain available until September 

16 30, 2012. 

17 NATIONAL GUARD AND RESERVE EQUIPMENT

18 For procurement of aircraft, missiles, tracked combat 

19 vehicles, ammunition, other weapons and other procure20 ment for the reserve components of the Armed Forces, 

21 $950,000,000, to remain available for obligation until Sep22 tember 30, 2012, of which $575,000,000 shall be available 

23 only for the Army National Guard: Provided, That the 

24 Chiefs of National Guard and Reserve components shall, not 

25 later than 30 days after the enactment of this Act, individ-
128 

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1 ually submit to the congressional defense committees the 

2 modernization priority assessment for their respective Na3 tional Guard or Reserve component. 

4 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Mine Resistant Ambush Protected Vehicle 

7 Fund, $6,281,000,000, to remain available until September 

8 30, 2011: Provided, That such funds shall be available to 

9 the Secretary of Defense, notwithstanding any other provi10 sion of law, to procure, sustain, transport, and field Mine 

11 Resistant Ambush Protected vehicles: Provided further, That 

12 the Secretary shall transfer such funds only to appropria13 tions made available in this or any other Act for operation 

14 and maintenance; procurement; research, development, test 

15 and evaluation; and defense working capital funds to ac16 complish the purpose provided herein: Provided further, 

17 That such transferred funds shall be merged with and be 

18 available for the same purposes and the same time period 

19 as the appropriation to which transferred: Provided further, 

20 That this transfer authority is in addition to any other 

21 transfer authority available to the Department of Defense: 

22 Provided further, That the Secretary shall, not fewer than 

23 10 days prior to making transfers from this appropriation, 

24 notify the congressional defense committees in writing of 

25 the details of any such transfer. 
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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

4 For an additional amount for ‘‘Research, Develop5 ment, Test and Evaluation, Army’’, $57,962,000, to remain 

6 available until September 30, 2011. 

7 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Navy’’, $58,660,000, to remain 

10 available until September 30, 2011. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

12 FORCE

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Air Force’’, $39,286,000, to re15 main available until September 30, 2011. 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

17 DEFENSE-WIDE

18 For an additional amount for ‘‘Research, Develop19 ment, Test and Evaluation, Defense-Wide’’, $112,196,000, 

20 to remain available until September 30, 2011. 

21 REVOLVING AND MANAGEMENT FUNDS 

22 DEFENSE WORKING CAPITAL FUNDS

23 For an additional amount for ‘‘Defense Working Cap24 ital Funds’’, $412,215,000. 
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1 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

2 DEFENSE HEALTH PROGRAM

3 For an additional amount for ‘‘Defense Health Pro4 gram’’, $1,256,675,000, which shall be for operation and 

5 maintenance. 

6 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Drug Interdiction and 

9 Counter-Drug Activities’’, $346,603,000, to remain avail10 able until September 30, 2011. 

11 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Joint Improvised Ex14 plosive Device Defeat Fund’’, $1,762,010,000, to remain 

15 available until September 30, 2012. 

16 OFFICE OF THE INSPECTOR GENERAL

17 For an additional amount for the ‘‘Office of the Inspec18 tor General’’, $8,876,000. 

19 GENERAL PROVISIONS—THIS TITLE 

20 SEC. 9001. Notwithstanding any other provision of 

21 law, funds made available in this title are in addition to 

22 amounts appropriated or otherwise made available for the 

23 Department of Defense for fiscal year 2010. 
131 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 9002. Upon the determination of the Secretary 

3 of Defense that such action is necessary in the national in4 terest, the Secretary may, with the approval of the Office 

5 of Management and Budget, transfer up to $4,000,000,000 

6 between the appropriations or funds made available to the 

7 Department of Defense in this title: Provided, That the Sec8 retary shall notify the Congress promptly of each transfer 

9 made pursuant to the authority in this section: Provided 

10 further, That the authority provided in this section is in 

11 addition to any other transfer authority available to the 

12 Department of Defense and is subject to the same terms and 

13 conditions as the authority provided in the Department of 

14 Defense Appropriations Act, 2010: Provided further, That 

15 the amount in this section is designated as being for over16 seas deployments and other activities pursuant to sections 

17 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Con18 gress), the concurrent resolution on the budget for fiscal year 

19 2010. 

20 SEC. 9003. Supervision and administration costs asso21 ciated with a construction project funded with appropria22 tions available for operation and maintenance or the ‘‘Af23 ghanistan Security Forces Fund’’ provided in this Act and 

24 executed in direct support of overseas contingency oper25 ations in Afghanistan, may be obligated at the time a con-
132 

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1 struction contract is awarded: Provided, That for the pur2 pose of this section, supervision and administration costs 

3 include all in-house Government costs. 

4 SEC. 9004. From funds made available in this title, 

5 the Secretary of Defense may purchase for use by military 

6 and civilian employees of the Department of Defense in Iraq 

7 and Afghanistan: (a) passenger motor vehicles up to a limit 

8 of $75,000 per vehicle and (b) heavy and light armored ve9 hicles for the physical security of personnel or for force pro10 tection purposes up to a limit of $250,000 per vehicle, not11 withstanding price or other limitations applicable to the 

12 purchase of passenger carrying vehicles. 

13 SEC. 9005. Not to exceed $1,200,000,000 of the amount 

14 appropriated in this title under the heading ‘‘Operation 

15 and Maintenance, Army’’ may be used, notwithstanding 

16 any other provision of law, to fund the Commander’s Emer17 gency Response Program, for the purpose of enabling mili18 tary commanders in Iraq and Afghanistan to respond to 

19 urgent humanitarian relief and reconstruction require20 ments within their areas of responsibility: Provided, That 

21 not later than 45 days after the end of each fiscal year quar22 ter, the Secretary of Defense shall submit to the congres23 sional defense committees a report regarding the source of 

24 funds and the allocation and use of funds during that quar25 ter that were made available pursuant to the authority pro-
133 

•HR 3326 EAH 

1 vided in this section or under any other provision of law 

2 for the purposes described herein: Provided further, That, 

3 of the funds provided, $500,000,000 shall not be available 

4 until 5 days after the Secretary of Defense has completed 

5 a thorough review of the Commander’s Emergency Response 

6 Program and provided a report on his findings to the con7 gressional defense committees. 

8 SEC. 9006. Funds available to the Department of De9 fense for operation and maintenance may be used, notwith10 standing any other provision of law, to provide supplies, 

11 services, transportation, including airlift and sealift, and 

12 other logistical support to coalition forces supporting mili13 tary and stability operations in Iraq and Afghanistan: Pro14 vided, That the Secretary of Defense shall provide quarterly 

15 reports to the congressional defense committees regarding 

16 support provided under this section. 

17 SEC. 9007. Each amount in this title is designated as 

18 being for overseas deployments and other activities pursu19 ant to section 401(c)(4) and 423(a)(1) of S. Con. Res. 13 

20 (111th Congress), the concurrent resolution on the budget 

21 for fiscal year 2010. 

22 SEC. 9008. None of the funds appropriated or other23 wise made available by this or any other Act shall be obli24 gated or expended by the United States Government for a 

25 purpose as follows: 
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1 (1) To establish any military installation or base 

2 for the purpose of providing for the permanent sta3 tioning of United States Armed Forces in Iraq. 

4 (2) To exercise United States control over any 

5 oil resource of Iraq. 

6 (3) To establish any military installation or base 

7 for the purpose of providing for the permanent sta8 tioning of United States Armed Forces in Afghani9 stan. 

10 SEC. 9009. None of the funds made available in this 

11 Act may be used in contravention of the following laws en12 acted or regulations promulgated to implement the United 

13 Nations Convention Against Torture and Other Cruel, In14 human or Degrading Treatment or Punishment (done at 

15 New York on December 10, 1984): 

16 (1) Section 2340A of title 18, United States 

17 Code. 

18 (2) Section 2242 of the Foreign Affairs Reform 

19 and Restructuring Act of 1998 (division G of Public 

20 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

21 note) and regulations prescribed thereto, including 

22 regulations under part 208 of title 8, Code of Federal 

23 Regulations, and part 95 of title 22, Code of Federal 

24 Regulations. 
135 

•HR 3326 EAH 

1 (3) Sections 1002 and 1003 of the Department of 

2 Defense, Emergency Supplemental Appropriations to 

3 Address Hurricanes in the Gulf of Mexico, and Pan4 demic Influenza Act, 2006 (Public Law 109–148). 

5 SEC. 9010. (a) The Director of the Office of Manage6 ment and Budget, in consultation with the Secretary of De7 fense; the Commander of the United States Central Com8 mand; the Commander, Multi-National Security Transition 

9 Command—Iraq; and the Commander, Combined Security 

10 Transition Command—Afghanistan, shall submit to the 

11 congressional defense committees not later than 45 days 

12 after the end of each fiscal quarter a report on the proposed 

13 use of all funds appropriated by this or any prior Act under 

14 each of the headings ‘‘Iraq Security Forces Fund’’, ‘‘Afghan15 istan Security Forces Fund’’, and ‘‘Pakistan Counterinsur16 gency Fund’’ on a project-by-project basis, for which the 

17 obligation of funds is anticipated during the 3-month pe18 riod from such date, including estimates by the commanders 

19 referred to in this section of the costs required to complete 

20 each such project. 

21 (b) The report required by this subsection shall include 

22 the following: 

23 (1) The use of all funds on a project-by-project 

24 basis for which funds appropriated under the head25 ings referred to in subsection (a) were obligated prior 
136 

•HR 3326 EAH 

1 to the submission of the report, including estimates by 

2 the commanders referred to in subsection (a) of the 

3 costs to complete each project. 

4 (2) The use of all funds on a project-by-project 

5 basis for which funds were appropriated under the 

6 headings referred to in subsection (a) in prior appro7 priations Acts, or for which funds were made avail8 able by transfer, reprogramming, or allocation from 

9 other headings in prior appropriations Acts, includ10 ing estimates by the commanders referred to in sub11 section (a) of the costs to complete each project. 

12 (3) An estimated total cost to train and equip 

13 the Iraq, Afghanistan, and Pakistan security forces, 

14 disaggregated by major program and sub-elements by 

15 force, arrayed by fiscal year. 

16 (c) The Secretary of Defense shall notify the congres17 sional defense committees of any proposed new projects or 

18 transfers of funds between sub-activity groups in excess of 

19 $20,000,000 using funds appropriated by this or any prior 

20 Act under the headings ‘‘Iraq Security Forces Fund’’, ‘‘Af21 ghanistan Security Forces Fund’’, and ‘‘Pakistan Counter22 insurgency Fund’’. 

23 SEC. 9011. (a) None of the funds made available in 

24 this or any other Act may be used to release an individual 

25 who is detained, as of June 24, 2009, at Naval Station, 
137 

•HR 3326 EAH 

1 Guantanamo Bay, Cuba, into the continental United 

2 States, Alaska, Hawaii, or the District of Columbia, into 

3 any of the United States territories of Guam, American 

4 Samoa (AS), the United States Virgin Islands (USVI), the 

5 Commonwealth of Puerto Rico and the Commonwealth of 

6 the Northern Mariana Islands (CNMI). 

7 (b) None of the funds made available in this or any 

8 other Act may be used to transfer an individual who is de9 tained, as of June 24, 2009, at Naval Station, Guantanamo 

10 Bay, Cuba, into the continental United States, Alaska, Ha11 waii, or the District of Columbia, into any of the United 

12 States territories of Guam, American Samoa (AS), the 

13 United States Virgin Islands (USVI), the Commonwealth 

14 of Puerto Rico and the Commonwealth of the Northern Mar15 iana Islands (CNMI), for the purpose of detention, except 

16 as provided in subsection (c). 

17 (c) None of the funds made available in this or any 

18 other Act may be used to transfer an individual who is de19 tained, as of June 24, 2009, at Naval Station, Guantanamo 

20 Bay, Cuba, into the continental United States, Alaska, Ha21 waii, or the District of Columbia, into any of the United 

22 States territories of Guam, American Samoa (AS), the 

23 United States Virgin Islands (USVI), the Commonwealth 

24 of Puerto Rico and the Commonwealth of the Northern Mar25 iana Islands (CNMI), for the purposes of prosecuting such 
138 

•HR 3326 EAH 

1 individual, or detaining such individual during legal pro2 ceedings, until 45 days after the plan described in sub3 section (d) is received. 

4 (d) The President shall submit to Congress, in classi5 fied form, a plan regarding the proposed disposition of any 

6 individual covered by subsection (c) who is detained as of 

7 June 24, 2009. Such plan shall include, at a minimum, 

8 each of the following for each such individual: 

9 (1) A determination of the risk that the indi10 vidual might instigate an act of terrorism within the 

11 continental United States, Alaska, Hawaii, the Dis12 trict of Columbia, or the United States territories if 

13 the individual were so transferred. 

14 (2) A determination of the risk that the indi15 vidual might advocate, coerce, or incite violent extre16 mism, ideologically motivated criminal activity, or 

17 acts of terrorism, among inmate populations at incar18 ceration facilities within the continental United 

19 States, Alaska, Hawaii, the District of Columbia, or 

20 the United States territories if the individual were 

21 transferred to such a facility. 

22 (3) The costs associated with transferring the in23 dividual in question. 

24 (4) The legal rationale and associated court de25 mands for transfer. 
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•HR 3326 EAH 

1 (5) A plan for mitigation of any risks described 

2 in paragraphs (1), (2), and (7). 

3 (6) A copy of a notification to the Governor of 

4 the State to which the individual will be transferred, 

5 to the Mayor of the District of Columbia if the indi6 vidual will be transferred to the District of Columbia, 

7 or to any United States territories with a certifi8 cation by the Attorney General of the United States 

9 in classified form at least 14 days prior to such 

10 transfer (together with supporting documentation and 

11 justification) that the individual poses little or no se12 curity risk to the United States. 

13 (7) An assessment of any risk to the national se14 curity of the United States or its citizens, including 

15 members of the Armed Services of the United States, 

16 that is posed by such transfer and the actions taken 

17 to mitigate such risk. 

18 (e) None of the funds made available in this or any 

19 other Act may be used to transfer or release an individual 

20 detained at Naval Station, Guantanamo Bay, Cuba, as of 

21 June 24, 2009, to the country of such individual’s nation22 ality or last habitual residence or to any other country other 

23 than the United States or to a freely associated State, unless 

24 the President submits to the Congress, in classified form, 
140 

•HR 3326 EAH 

1 at least 15 days prior to such transfer or release, the fol2 lowing information: 

3 (1) The name of any individual to be transferred 

4 or released and the country or the freely associated 

5 State to which such individual is to be transferred or 

6 released. 

7 (2) An assessment of any risk to the national se8 curity of the United States or its citizens, including 

9 members of the Armed Services of the United States, 

10 that is posed by such transfer or release and the ac11 tions taken to mitigate such risk. 

12 (3) The terms of any agreement with the country 

13 or the freely associated State for the acceptance of 

14 such individual, including the amount of any finan15 cial assistance related to such agreement. 

16 (f) In this section, the term ‘‘freely associated States’’ 

17 means the Federated States of Micronesia (FSM), the Re18 public of the Marshall Islands (RMI), and the Republic of 

19 Palau. 

20 (g) Prior to the termination of detention operations 

21 at Naval Station, Guantanamo Bay, Cuba, the President 

22 shall submit to the Congress a report in classified form de23 scribing the disposition or legal status of each individual 

24 detained at the facility as of the date of enactment of this 

25 Act. 
141 

•HR 3326 EAH 

1 SEC. 9012. (a) FUNDING FOR OUTREACH AND RE2 INTEGRATION SERVICES UNDER YELLOW RIBBON RE3 INTEGRATION PROGRAM.—Of the amounts appropriated or 

4 otherwise made available by title IX, up to $20,000,000 

5 may be available for outreach and reintegration services 

6 under the Yellow Ribbon Reintegration Program under sec7 tion 582(h) of the National Defense Authorization Act for 

8 Fiscal Year 2008 (Public Law 110–181; 122 Stat. 125; 10 

9 U.S.C. 10101 note). 

10 (b) SUPPLEMENT NOT SUPPLANT.—The amount made 

11 available by subsection (a) for the services described in that 

12 subsection is in addition to any other amounts available 

13 in this Act for such services. 

14 This division may be cited as the ‘‘Department of De15 fense Appropriations Act, 2010’’. 

16 DIVISION B—OTHER MATTERS 

17 SEC. 1001. There are hereby appropriated such sums 

18 as may be necessary, for an additional amount for ‘‘Food 

19 and Nutrition Service—Supplemental Nutrition Assistance 

20 Program’’ for necessary current year expenses to carry out 

21 the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.): 

22 Provided, That such amount shall be used only in such 

23 amounts and at such times as may become necessary to 

24 carry out program operations: Provided further, That 

25 amounts so appropriated are designated as emergency re-
142 

•HR 3326 EAH 

1 quirements and necessary to meet emergency needs pursu2 ant to sections 403 and 423(b) of S. Con. Res. 13 (111th 

3 Congress), the concurrent resolution on the budget for fiscal 

4 year 2010. 

5 SEC. 1002. (a) IN GENERAL.—For the costs of State 

6 administrative expenses associated with administering the 

7 supplemental nutrition assistance program established 

8 under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 

9 et seq.), there are hereby appropriated $400,000,000, which 

10 shall remain available until September 30, 2011. 

11 (b) ALLOCATION OF FUNDS.—Funds described in sub12 section (a) shall be made available as grants to State agen13 cies as follows— 

14 (1) 75 percent of the amounts available shall be 

15 allocated to States based on the share of each State 

16 of households that participate in the supplemental nu17 trition assistance program as reported to the Depart18 ment of Agriculture for the most recent 12-month pe19 riod for which data are available, adjusted by the 

20 Secretary (as of the date of enactment) for participa21 tion in disaster programs under section 5(h) of the 

22 Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); 

23 (2) 25 percent of the amounts available shall be 

24 allocated to States based on the increase in the num25 ber of households that participate in the supplemental 
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1 nutrition assistance program as reported to the De2 partment of Agriculture over the most recent 12- 

3 month period for which data are available, adjusted 

4 by the Secretary (as of the date of enactment) for par5 ticipation in disaster programs under section 5(h) of 

6 the Food and Nutrition Act of 2008 (7 U.S.C. 

7 2014(h)); and 

8 (3) Not later than 60 days after the date of en9 actment of this Act, the Secretary shall make avail10 able to States amounts based on paragraphs (1) and 

11 (2) of this subparagraph. 

12 (c) REALLOCATION OF FUNDS.—Funds unobligated at 

13 the State level in fiscal year 2010 may be recovered and 

14 reallocated to the States in fiscal year 2011. 

15 (d) EMERGENCY DESIGNATION.—Amounts in this sec16 tion are designated as emergency requirements and nec17 essary to meet emergency needs pursuant to sections 403 

18 and 423(b) of S. Con. Res. 13 (111th Congress), the concur19 rent resolution on the budget for fiscal year 2010. 

20 SEC. 1003. (a) AMENDMENTS TO SECTION 119 OF

21 TITLE 17, UNITED STATES CODE.— 

22 (1) IN GENERAL.—Section 119 of title 17, 

23 United States Code, is amended— 
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1 (A) in subsection (c)(1)(E), by striking ‘‘De2 cember 31, 2009’’ and inserting ‘‘February 28, 

3 2010’’; and 

4 (B) in subsection (e), by striking ‘‘December 

5 31, 2009’’ and inserting ‘‘February 28, 2010’’. 

6 (2) TERMINATION OF LICENSE.— 

7 (A) TERMINATION.—Section 119 of title 17, 

8 United States Code, as amended by paragraph 

9 (1), shall cease to be effective on February 28, 

10 2010. 

11 (B) CONFORMING AMENDMENT.—Section 

12 4(a) of the Satellite Home Viewer Act of 1994 

13 (17 U.S.C. 119 note; Public Law 103–369) is re14 pealed. 

15 (b) AMENDMENTS TO COMMUNICATIONS ACT OF

16 1934.—Section 325(b) of the Communications Act of 1934 

17 (47 U.S.C. 325(b)) is amended— 

18 (1) in paragraph (2)(C), by striking ‘‘December 

19 31, 2009’’ and inserting ‘‘February 28, 2010’’; and 

20 (2) in paragraph (3)(C), by striking ‘‘January 

21 1, 2010’’ each place it appears in clauses (ii) and 

22 (iii) and inserting ‘‘March 1, 2010’’. 

23 (c) EMERGENCY DESIGNATION.—Amounts in this sec24 tion are designated as emergency requirements and nec25 essary to meet emergency needs pursuant to sections 403 
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1 and 423(b) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 SEC. 1004. (a) USA PATRIOT IMPROVEMENT AND

4 REAUTHORIZATION ACT OF 2005.—Section 102(b)(1) of the 

5 USA PATRIOT Improvement and Reauthorization Act of 

6 2005 (Public Law 109–177; 120 Stat. 195) is amended by 

7 striking ‘‘December 31, 2009’’ and inserting ‘‘February 28, 

8 2010’’. 

9 (b) INTELLIGENCE REFORM AND TERRORISM PREVEN10 TION ACT OF 2004.—Section 6001(b)(1) of the Intelligence 

11 Reform and Terrorism Prevention Act of 2004 (Public Law 

12 108–458; 118 Stat. 3742; 50 U.S.C. 1801 note) is amended 

13 by striking ‘‘December 31, 2009’’ and inserting ‘‘February 

14 28, 2010’’. 

15 SEC. 1005. Section 129 of the Continuing Appropria16 tions Resolution, 2010 (Public Law 111–68) is amended by 

17 striking ‘‘by substituting’’ and all that follows through the 

18 period at the end, and inserting ‘‘by substituting February 

19 28, 2010 for the date specified in each such section.’’. 

20 SEC. 1006. (a) There is hereby appropriated 

21 $125,000,000, for an additional amount for ‘‘Small Busi22 ness Administration—Business Loans Program Account’’ 

23 for fee reductions and eliminations under section 501 of di24 vision A of the American Recovery and Reinvestment Act 

25 of 2009 (Public Law 111–5) and for the cost of guaranteed 
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1 loans under section 502 of such division: Provided, That 

2 such cost shall be as defined in section 502 of the Congres3 sional Budget Act of 1974. 

4 (b) Section 502(f) of division A of the American Recov5 ery and Reinvestment Act of 2009 is amended by striking 

6 ‘‘the date 12 months after the date of enactment of this Act’’ 

7 and inserting ‘‘February 28, 2010’’. 

8 (c) Amounts in this section are designated as emer9 gency requirements and necessary to meet emergency needs 

10 pursuant to sections 403 and 423(b) of S. Con. Res. 13 

11 (111th Congress), the concurrent resolution on the budget 

12 for fiscal year 2010. 

13 SEC. 1007. (a) PAYMENT.—The Secretary of the Inte14 rior may make a payment to Swain County, North Caro15 lina, in an amount of $12,800,000, in connection with the 

16 non-construction of the North Shore Road: Provided, That 

17 $4,000,000 shall be available for obligation upon enactment 

18 of this Act: Provided further, That remaining amounts shall 

19 not be available for obligation until 120 days following sig20 nature of an agreement between the Secretary of the Inte21 rior, Swain County, the State of North Carolina, and the 

22 Tennessee Valley Authority that supersedes the agreement 

23 of July 30, 1943, related to the construction of North Shore 

24 Road between the Secretary, the County, the State, and the 

25 Authority. For this payment, there is hereby appropriated 
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1 $6,800,000, to remain available until expended, and an 

2 amount of $6,000,000 from unobligated balances available 

3 to the Department of the Interior from prior appropriations 

4 to the ‘‘Construction’’ account for the National Park Serv5 ice. 

6 (b) RESCISSION.—Of the funds appropriated in the 

7 Department of Transportation and Related Agencies Ap8 propriations Act, 2001 (Public Law 106–346), in section 

9 378 for construction of, and improvements to, North Shore 

10 Road in Swain County, North Carolina, $6,800,000 is here11 by permanently rescinded. 

12 SEC. 1008. (a) For purposes of the continued extension 

13 of surface transportation programs and related authority 

14 to make expenditures from the Highway Trust Fund and 

15 other trust funds under sections 157 through 162 of the Con16 tinuing Appropriations Resolution, 2010, the date specified 

17 in section 106(3) of such resolution shall be deemed to be 

18 February 28, 2010. 

19 (b) Section 158(c) is amended by striking the period 

20 at the end and inserting ‘‘except for the rescission made 

21 by section 123 of division I of the Omnibus Appropriations 

22 Act, 2009. The amount made available for each of the ap23 portioned Federal-aid highway programs under subsection 

24 (a) shall be reduced by an amount equaling $33,401,492 
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1 multiplied by the amount calculated under subsection (a) 

2 and divided by $23,941,505,262’’. 

3 SEC. 1009. (a)(1) Section 4007 of the Supplemental 

4 Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 

5 3304 note) is amended— 

6 (A) by striking ‘‘December 31, 2009’’ each place 

7 it appears and inserting ‘‘February 28, 2010’’; 

8 (B) in the heading for subsection (b)(2), by strik9 ing ‘‘DECEMBER 31, 2009’’ and inserting ‘‘FEBRUARY

10 28, 2010’’; and 

11 (C) in subsection (b)(3), by striking ‘‘May 31, 

12 2010’’ and inserting ‘‘July 31, 2010’’. 

13 (2) Section 2002(e) of the Assistance for Unemployed 

14 Workers and Struggling Families Act, as contained in Pub15 lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 438), is 

16 amended— 

17 (A) in paragraph (1)(B), by striking ‘‘before 

18 January 1, 2010’’ and inserting ‘‘on or before Feb19 ruary 28, 2010’’; 

20 (B) in the heading for paragraph (2), by strik21 ing ‘‘JANUARY 1, 2010’’ and inserting ‘‘FEBRUARY 28, 

22 2010’’; and 

23 (C) in paragraph (3), by striking ‘‘June 30, 

24 2010’’ and inserting ‘‘August 31, 2010’’. 
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1 (3) Section 2005 of the Assistance for Unemployed 

2 Workers and Struggling Families Act, as contained in Pub3 lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is 

4 amended— 

5 (A) by striking ‘‘January 1, 2010’’ each place it 

6 appears and inserting ‘‘February 28, 2010’’; and 

7 (B) in subsection (c), by striking ‘‘June 1, 2010’’ 

8 and inserting ‘‘July 31, 2010’’. 

9 (4) Section 5 of the Unemployment Compensation Ex10 tension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 

11 note) is amended by striking ‘‘May 30, 2010’’ and inserting 

12 ‘‘July 31, 2010’’. 

13 (b) Section 4004(e)(1) of the Supplemental Appropria14 tions Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) 

15 is amended by striking ‘‘by reason of’’ and all that follows 

16 and inserting the following: ‘‘by reason of— 

17 ‘‘(A) the amendments made by section 

18 2001(a) of the Assistance for Unemployed Work19 ers and Struggling Families Act; 

20 ‘‘(B) the amendments made by sections 2 

21 through 4 of the Worker, Homeownership, and 

22 Business Assistance Act of 2009; and 

23 ‘‘(C) the amendments made by section 1009 

24 of the Department of Defense Appropriations 

25 Act, 2010; and’’. 
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1 (c) Amounts in this section are designated as emer2 gency requirements and necessary to meet emergency needs 

3 pursuant to sections 403 and 423(b) of S. Con. Res. 13 

4 (111th Congress), the concurrent resolution on the budget 

5 for fiscal year 2010. 

6 SEC. 1010. (a) EXTENSION OF ELIGIBILITY PERIOD.— 

7 Subsection (a)(3)(A) of section 3001 of division B of the 

8 American Recovery and Reinvestment Act of 2009 (Public 

9 Law 111–5) is amended by striking ‘‘December 31, 2009’’ 

10 and inserting ‘‘February 28, 2010’’. 

11 (b) EXTENSION OF MAXIMUM DURATION OF ASSIST12 ANCE.—Subsection (a)(2)(A)(ii)(I) of such section is 

13 amended by striking ‘‘9 months’’ and inserting ‘‘15 

14 months’’. 

15 (c) RULES RELATED TO 2009 EXTENSION.—Sub16 section (a) of such section is further amended by adding 

17 at the end the following: 

18 ‘‘(16) RULES RELATED TO 2009 EXTENSION.— 

19 ‘‘(A) ELECTION TO PAY PREMIUMS RETRO20 ACTIVELY AND MAINTAIN COBRA COVERAGE.—In 

21 the case of any premium for a period of coverage 

22 during an assistance eligible individual’s transi23 tion period, such individual shall be treated for 

24 purposes of any COBRA continuation provision 
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1 as having timely paid the amount of such pre2 mium if— 

3 ‘‘(i) such individual was covered under 

4 the COBRA continuation coverage to which 

5 such premium relates for the period of cov6 erage immediately preceding such transition 

7 period, and 

8 ‘‘(ii) such individual pays, not later 

9 than 60 days after the date of the enactment 

10 of this paragraph (or, if later, 30 days after 

11 the date of provision of the notification re12 quired under subparagraph (D)(ii)), the 

13 amount of such premium, after the applica14 tion of paragraph (1)(A). 

15 ‘‘(B) REFUNDS AND CREDITS FOR RETRO16 ACTIVE PREMIUM ASSISTANCE ELIGIBILITY.—In 

17 the case of an assistance eligible individual who 

18 pays, with respect to any period of COBRA con19 tinuation coverage during such individual’s 

20 transition period, the premium amount for such 

21 coverage without regard to paragraph (1)(A), 

22 rules similar to the rules of paragraph (12)(E) 

23 shall apply. 

24 ‘‘(C) TRANSITION PERIOD.— 
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1 ‘‘(i) IN GENERAL.—For purposes of 

2 this paragraph, the term ‘transition period’ 

3 means, with respect to any assistance eligi4 ble individual, any period of coverage if— 

5 ‘‘(I) such period begins before the 

6 date of the enactment of this para7 graph, and 

8 ‘‘(II) paragraph (1)(A) applies to 

9 such period by reason of the amend10 ment made by section 1010(b) of the 

11 Department of Defense Appropriations 

12 Act, 2010. 

13 ‘‘(ii) CONSTRUCTION.—Any period 

14 during the period described in subclauses 

15 (I) and (II) of clause (i) for which the ap16 plicable premium has been paid pursuant 

17 to subparagraph (A) shall be treated as a 

18 period of coverage referred to in such para19 graph, irrespective of any failure to timely 

20 pay the applicable premium (other than 

21 pursuant to subparagraph (A)) for such pe22 riod. 

23 ‘‘(D) NOTIFICATION.— 

24 ‘‘(i) IN GENERAL.—In the case of an 

25 individual who was an assistance eligible 
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1 individual at any time on or after October 

2 31, 2009, or experiences a qualifying event 

3 (consisting of termination of employment) 

4 relating to COBRA continuation coverage 

5 on or after such date, the administrator of 

6 the group health plan (or other entity) in7 volved shall provide an additional notifica8 tion with information regarding the amend9 ments made by section 1010 of the Depart10 ment of Defense Appropriations Act, 2010, 

11 within 60 days after the date of the enact12 ment of such Act or, in the case of a quali13 fying event occurring after such date of en14 actment, consistent with the timing of noti15 fications under paragraph (7)(A). 

16 ‘‘(ii) TO INDIVIDUALS WHO LOST AS17 SISTANCE.—In the case of an assistance eli18 gible individual described in subparagraph 

19 (A)(i) who did not timely pay the premium 

20 for any period of coverage during such indi21 vidual’s transition period or paid the pre22 mium for such period without regard to 

23 paragraph (1)(A), the administrator of the 

24 group health plan (or other entity) involved 

25 shall provide to such individual, within the 
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1 first 60 days of such individual’s transition 

2 period, an additional notification with in3 formation regarding the amendments made 

4 by section 1010 of the Department of De5 fense Appropriations Act, 2010, including 

6 information on the ability under subpara7 graph (A) to make retroactive premium 

8 payments with respect to the transition pe9 riod of the individual in order to maintain 

10 COBRA continuation coverage. 

11 ‘‘(iii) APPLICATION OF RULES.—Rules 

12 similar to the rules of paragraph (7) shall 

13 apply with respect to notifications under 

14 this subparagraph.’’. 

15 (d) CLARIFICATION THAT ELIGIBILITY AND NOTICE IS

16 BASED ON TIMING OF QUALIFYING EVENT.—Subsection (a) 

17 of such section is amended— 

18 (1) in paragraph (3)(A)— 

19 (A) by striking ‘‘at any time’’ and inserting 

20 ‘‘such qualified beneficiary is eligible for COBRA 

21 continuation coverage related to a qualifying 

22 event occurring’’; and 

23 (B) by striking ‘‘, such qualified beneficiary 

24 is eligible for COBRA continuation coverage’’; 

25 and 
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1 (2) in paragraph (7)(A), by striking ‘‘become en2 titled to elect COBRA continuation coverage’’ and in3 serting ‘‘have a qualifying event relating to COBRA 

4 continuation coverage’’. 

5 (e) EFFECTIVE DATE.—The amendments made by this 

6 section shall take effect as if included in the provisions of 

7 section 3001 of division B of the American Recovery and 

8 Reinvestment Act of 2009 to which they relate. 

9 (f) EMERGENCY DESIGNATIONS.— 

10 (1) IN GENERAL.—Amounts in this section are 

11 designated as emergency requirements and necessary 

12 to meet emergency needs pursuant to sections 403 and 

13 423(b) of S. Con. Res. 13 (111th Congress), the con14 current resolution on the budget for fiscal year 2010. 

15 (2) PAYGO.—All applicable provisions in this 

16 section are designated as an emergency for purposes 

17 of pay-as-you-go principles. 

18 SEC. 1011. (a) IN GENERAL.—Section 1848(d) of the 

19 Social Security Act (42 U.S.C. 1395w–4(d)) is amended by 

20 adding at the end the following new paragraph: 

21 ‘‘(10) UPDATE FOR PORTION OF 2010.— 

22 ‘‘(A) IN GENERAL.—Subject to paragraphs 

23 (7)(B), (8)(B), and (9)(B), in lieu of the update 

24 to the single conversion factor established in 

25 paragraph (1)(C) that would otherwise apply for 
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1 2010 for the period beginning on January 1, 

2 2010, and ending on February 28, 2010, the up3 date to the single conversion factor shall be 0 

4 percent for 2010. 

5 ‘‘(B) NO EFFECT ON COMPUTATION OF CON6 VERSION FACTOR FOR REMAINING PORTION OF

7 2010 AND SUBSEQUENT YEARS.—The conversion 

8 factor under this subsection shall be computed 

9 under paragraph (1)(A) for the period beginning 

10 on March 1, 2010, and ending on December 31, 

11 2010, and for 2011 and subsequent years as if 

12 subparagraph (A) had never applied.’’. 

13 (b) FUNDING FROM MEDICARE IMPROVEMENT

14 FUND.—Section 1898(b)(1) of such Act (42 U.S.C. 

15 1395iii(b)(1)) is amended— 

16 (1) in subparagraph (A)— 

17 (A) by striking ‘‘$22,290,000,000’’ and in18 serting ‘‘$20,740,000,000’’; and 

19 (B) by striking ‘‘and’’ at the end; 

20 (2) by redesignating subparagraph (B) as sub21 paragraph (C); and 

22 (3) by inserting after subparagraph (A) the fol23 lowing new subparagraph: 

24 ‘‘(B) fiscal year 2015, $550,000,000; and’’. 
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1 SEC. 1012. Notwithstanding any other provision of 

2 law, the Secretary of Health and Human Services shall not 

3 publish updated poverty guidelines for 2010 under section 

4 673(2) of the Omnibus Budget Reconciliation Act of 1981 

5 (42 U.S.C. 9902(2)) before March 1, 2010, and the poverty 

6 guidelines published under such section on January 23, 

7 2009, shall remain in effect until updated poverty guide8 lines are published. 

9 SEC. 1013. From the ‘‘National Telecommunications 

10 and Information Administration—Digital-to-Analog Con11 verter Box Program’’ in the Department of Commerce, 

12 $128,000,000 is hereby rescinded. 

13 SEC. 1014. The explanatory statement regarding this 

14 Act printed in the House of Representatives section of the 

15 Congressional Record on or about December 16, 2010, by 

16 the Chairman of the Subcommittee on Defense of the Com17 mittee on Appropriations of the House of Representatives 

18 shall have the same effect with respect to the allocation of 

19 funds and implementation of this Act as if it were a joint 

20 explanatory statement of a committee of conference. 

Attest: 

Clerk. 
111TH CONGRESS 

1ST SESSION H.R. 3326 

HOUSE AMENDMENT TO 

SENATE AMENDMENT