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SEC. 8038. None of the funds appropriated by this Act 
shall be available for a contract for studies, analysis, or 
consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform the 
proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant scientific 
or technological promise, represents the product of 
original thinking, and was submitted in confidence 
by one source; or 
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new 
product or idea of a specific concern is given finan-
cial support: Provided, That this limitation shall not 
apply to contracts in an amount of less than $25,000, 
contracts related to improvements of equipment that 
is in development or production, or contracts as to 
which a civilian official of the Department of Defense, 
who has been confirmed by the Senate, determines 
that the award of such contract is in the interest of 
the national defense. 
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SEC. 8039. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver 
will reduce the personnel requirements or the financial re-
quirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; or 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats. 
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(RESCISSIONS) 
SEC. 8040. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2009/2010’’, $110,230,000; 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2009/2010’’, $199,750,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2009/2011’’, $41,087,000; 
‘‘Other 
Procurement, 
Army, 
2009/2011’’, 
$138,239,000; 
‘‘Aircraft Procurement, Air Force, 2009/2011’’, 
$628,900,000; 
‘‘Missile Procurement, Air Force, 2009/2011’’, 
$147,595,000; 
‘‘Other Procurement, Air Force, 2009/2011’’, 
$5,000,000; 
‘‘Procurement, 
Defense-Wide, 
2009/2011’’, 
$5,200,000; and 
‘‘Procurement, 
Defense-Wide, 
2008/2010’’, 
$2,000,000. 
SEC. 8041. None of the funds available in this Act may 
be used to reduce the authorized positions for military (ci-
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vilian) technicians of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a 
reduction in military force structure. 
SEC. 8042. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8043. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel and 
training procedures. 
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SEC. 8044. During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the 
civilian medical and medical support personnel assigned to 
military treatment facilities below the September 30, 2003, 
level: Provided, That the Service Surgeons General may 
waive this section by certifying to the congressional defense 
committees that the beneficiary population is declining in 
some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and 
capitation-based budgeting. 
SEC. 8045. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8046. None of the funds appropriated by this Act 
may be used for the procurement of ball and roller bearings 
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive 
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this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes: Provided further, That this restriction 
shall not apply to the purchase of ‘‘commercial items’’, as 
defined by section 4(12) of the Office of Federal Procure-
ment Policy Act, except that the restriction shall apply to 
ball or roller bearings purchased as end items. 
SEC. 8047. None of the funds in this Act may be used 
to purchase any supercomputer which is not manufactured 
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for 
national security purposes that is not available from 
United States manufacturers. 
SEC. 8048. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative respon-
sibilities or budgetary resources of any program, project, 
or activity financed by this Act to the jurisdiction of an-
other Federal agency not financed by this Act without the 
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express authorization of Congress: Provided, That this limi-
tation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of 
Acts providing supplemental appropriations for the De-
partment of Defense. 
SEC. 8049. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or ex-
pended to transfer to another nation or an international 
organization any defense articles or services (other than in-
telligence services) for use in the activities described in sub-
section (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the Senate 
are notified 15 days in advance of such transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI 
or chapter VII of the United Nations Charter under 
the authority of a United Nations Security Council 
resolution; and 
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the fol-
lowing— 
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(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory re-
quirements of all elements of the Armed Forces 
(including the reserve components) for the type 
of equipment or supplies to be transferred have 
been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to provide 
funds for such replacement. 
SEC. 8050. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the 
contractor to an employee when— 
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the 
employee; and 
(2) such bonus is part of restructuring costs asso-
ciated with a business combination. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8051. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’ 
may be transferred to appropriations available for the pay 
of military personnel, to be merged with, and to be available 
for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations 
and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code. 
SEC. 8052. (a) IN GENERAL.—Service as a member 
of the Alaska Territorial Guard during World War II of 
any individual who was honorably discharged therefrom 
under section 8147 of the Department of Defense Appro-
priations Act, 2001 (Public Law 106–259; 114 Stat. 705) 
shall be treated as active service for purposes of the com-
putation under chapter 61, 71, 371, 571, 871, or 1223 of 
title 10, United States Code, as applicable, of the retired 
pay to which such individual may be entitled under title 
10, United States Code. 
(b) APPLICABILITY.—Subsection (a) shall apply with 
respect to amounts of retired pay payable under title 10, 
United States Code, for months beginning on or after the 
date of the enactment of this Act. No retired pay shall be 
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paid to any individual by reason of subsection (a) for any 
period before that date. 
(c) WORLD WAR II DEFINED.—In this section, the 
term ‘‘World War II’’ has the meaning given that term in 
section 101(8) of title 38, United States Code. 
SEC. 8053. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation. 
SEC. 8054. Using funds available by this Act or any 
other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States 
Code, may implement cost-effective agreements for required 
heating facility modernization in the Kaiserslautern Mili-
tary Community in the Federal Republic of Germany: Pro-
vided, That in the City of Kaiserslautern such agreements 
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will include the use of United States anthracite as the base 
load energy for municipal district heat to the United States 
Defense installations: Provided further, That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, 
furnished heat may be obtained from private, regional or 
municipal services, if provisions are included for the con-
sideration of United States coal as an energy source. 
SEC. 8055. None of the funds appropriated in title IV 
of this Act may be used to procure end-items for delivery 
to military forces for operational training, operational use 
or inventory requirements: Provided, That this restriction 
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National 
Intelligence Program: Provided further, That the Secretary 
of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate that 
it is in the national security interest to do so. 
SEC. 8056. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government: 
Provided, That the Department of Defense may conduct or 
participate in studies, research, design and other activities 
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ings, food, and clothing or textile materials as defined by 
section 11 (chapters 50–65) of the Harmonized Tariff 
Schedule and products classified under headings 4010, 
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8058. (a) None of the funds made available by 
this Act may be used to support any training program in-
volving a unit of the security forces of a foreign country 
if the Secretary of Defense has received credible information 
from the Department of State that the unit has committed 
a gross violation of human rights, unless all necessary cor-
rective steps have been taken. 
(b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to 
conduct any training program referred to in subsection (a), 
full consideration is given to all credible information avail-
able to the Department of State relating to human rights 
violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in sub-
section (a) if he determines that such waiver is required 
by extraordinary circumstances. 
(d) Not more than 15 days after the exercise of any 
waiver under subsection (c), the Secretary of Defense shall 
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submit a report to the congressional defense committees de-
scribing the extraordinary circumstances, the purpose and 
duration of the training program, the United States forces 
and the foreign security forces involved in the training pro-
gram, and the information relating to human rights viola-
tions that necessitates the waiver. 
SEC. 8059. None of the funds appropriated or made 
available in this Act to the Department of the Navy shall 
be used to develop, lease or procure the T–AKE class of ships 
unless the main propulsion diesel engines and propulsors 
are manufactured in the United States by a domestically 
operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that adequate 
domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for 
national security purposes or there exists a significant cost 
or quality difference. 
SEC. 8060. None of the funds appropriated or other-
wise made available by this or other Department of Defense 
Appropriations Acts may be obligated or expended for the 
purpose of performing repairs or maintenance to military 
family housing units of the Department of Defense, includ-
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ing areas in such military family housing units that may 
be used for the purpose of conducting official Department 
of Defense business. 
SEC. 8061. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’ 
for any new start advanced concept technology demonstra-
tion project or joint capability demonstration project may 
only be obligated 30 days after a report, including a de-
scription of the project, the planned acquisition and transi-
tion strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense com-
mittees: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying to the 
congressional defense committees that it is in the national 
interest to do so. 
SEC. 8062. The Secretary of Defense shall provide a 
classified quarterly report beginning 30 days after enact-
ment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain matters 
as directed in the classified annex accompanying this Act. 
SEC. 8063. During the current fiscal year, none of the 
funds available to the Department of Defense may be used 
to provide support to another department or agency of the 
United States if such department or agency is more than 
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90 days in arrears in making payment to the Department 
of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, 
That this restriction shall not apply if the department is 
authorized by law to provide support to such department 
or agency on a nonreimbursable basis, and is providing the 
requested support pursuant to such authority: Provided fur-
ther, That the Secretary of Defense may waive this restric-
tion on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representa-
tives and the Senate that it is in the national security inter-
est to do so. 
SEC. 8064. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of the 
National Guard serving on full-time National Guard duty 
under section 502(f) of title 32, United States Code, may 
perform duties in support of the ground-based elements of 
the National Ballistic Missile Defense System. 
SEC. 8065. None of the funds provided in this Act may 
be used to transfer to any nongovernmental entity ammuni-
tion held by the Department of Defense that has a center- 
fire cartridge and a United States military nomenclature 
designation of ‘‘armor penetrator’’, ‘‘armor piercing (AP)’’, 
‘‘armor piercing incendiary (API)’’, or ‘‘armor-piercing in-
cendiary-tracer (API–T)’’, except to an entity performing 
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demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to 
the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of 
reuse by the demilitarization process; or (2) used to manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of 
State. 
SEC. 8066. Notwithstanding any other provision of 
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under section 2667 
of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to 
any organization specified in section 508(d) of title 32, 
United States Code, or any other youth, social, or fraternal 
nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or his designee, on a case- 
by-case basis. 
SEC. 8067. None of the funds appropriated by this Act 
shall be used for the support of any nonappropriated funds 
activity of the Department of Defense that procures malt 
beverages and wine with nonappropriated funds for resale 
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(including such alcoholic beverages sold by the drink) on 
a military installation located in the United States unless 
such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within 
the District of Columbia, in which the military installation 
is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases 
may be made in any State in which the installation is lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all 
alcoholic beverages only for military installations in States 
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
erages, in contiguous States and the District of Columbia 
shall be procured from the most competitive source, price 
and other factors considered. 
SEC. 8068. Funds available to the Department of De-
fense for the Global Positioning System during the current 
fiscal year may be used to fund civil requirements associ-
ated with the satellite and ground control segments of such 
system’s modernization program. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8069. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$106,754,000 shall remain available until expended: Pro-
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vided, That notwithstanding any other provision of law, the 
Secretary of Defense is authorized to transfer such funds 
to other activities of the Federal Government: Provided fur-
ther, That the Secretary of Defense is authorized to enter 
into and carry out contracts for the acquisition of real 
property, construction, personal services, and operations re-
lated to projects carrying out the purposes of this section: 
Provided further, That contracts entered into under the au-
thority of this section may provide for such indemnification 
as the Secretary determines to be necessary: Provided fur-
ther, That projects authorized by this section shall comply 
with applicable Federal, State, and local law to the max-
imum extent consistent with the national security, as deter-
mined by the Secretary of Defense. 
SEC. 8070. Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the mat-
ter under subsection 101(b) of Public Law 104–208; 110 
Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect 
to apply to disbursements that are made by the Department 
of Defense in fiscal year 2010. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8071. Of the amounts appropriated in this Act 
under the heading ‘‘Research, Development, Test and Eval-
uation, Defense-Wide’’, $202,434,000 shall be for the Israeli 
Cooperative Programs: Provided, That of this amount, 
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$80,092,000 shall be for the Short Range Ballistic Missile 
Defense (SRBMD) program, $50,036,000 shall be available 
for an upper-tier component to the Israeli Missile Defense 
Architecture, and $72,306,000 shall be for the Arrow Missile 
Defense Program, of which $25,000,000 shall be for pro-
ducing Arrow missile components in the United States and 
Arrow missile components in Israel to meet Israel’s defense 
requirements, consistent with each nation’s laws, regula-
tions and procedures: Provided further, That funds made 
available under this provision for production of missiles 
and missile components may be transferred to appropria-
tions available for the procurement of weapons and equip-
ment, to be merged with and to be available for the same 
time period and the same purposes as the appropriation 
to which transferred: Provided further, That the transfer 
authority provided under this provision is in addition to 
any other transfer authority contained in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8072. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$144,950,000 shall be available until September 30, 2010, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the Navy 
shall transfer such funds to the following appropriations in 
the amounts specified: Provided further, That the amounts 
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transferred shall be merged with and be available for the 
same purposes as the appropriations to which transferred: 
To: 
Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2004/2010’’: 
New SSN, $26,906,000; and 
LPD–17 Amphibious Transport Dock 
Program, $16,844,000. 
Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2005/2010’’: 
New SSN, $18,702,000; and 
LPD–17 Amphibious Transport Dock 
Program, $16,498,000. 
Under the heading ‘‘Shipbuilding and Con-
version, Navy, 2008/2012’’: 
LPD–17 Amphibious Transport Dock 
Program, $66,000,000. 
SEC. 8073. None of the funds available to the Depart-
ment of Defense may be obligated to modify command and 
control relationships to give Fleet Forces Command admin-
istrative and operational control of U.S. Navy forces as-
signed to the Pacific fleet: Provided, That the command and 
control relationships which existed on October 1, 2004, shall 
remain in force unless changes are specifically authorized 
in a subsequent Act. 
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SEC. 8074. Notwithstanding any other provision of 
law or regulation, the Secretary of Defense may exercise the 
provisions of section 7403(g) of title 38, United States Code, 
for occupations listed in section 7403(a)(2) of title 38, 
United States Code, as well as the following: 
Pharmacists, Audiologists, Psychologists, Social 
Workers, Othotists/Prosthetists, Occupational Thera-
pists, Physical Therapists, Rehabilitation Therapists, 
Respiratory Therapists, Speech Pathologists, Dieti-
tian/Nutritionists, Industrial Hygienists, Psychology 
Technicians, Social Service Assistants, Practical 
Nurses, Nursing Assistants, and Dental Hygienists: 
(A) 
The 
requirements 
of 
section 
7403(g)(1)(A) of title 38, United States Code, 
shall apply. 
(B) The limitations of section 7403(g)(1)(B) 
of title 38, United States Code, shall not apply. 
SEC. 8075. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Secu-
rity Act of 1947 (50 U.S.C. 414) during fiscal year 2010 
until the enactment of the Intelligence Authorization Act 
for Fiscal Year 2010. 
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SEC. 8076. None of the funds provided in this Act shall 
be available for obligation or expenditure through a re-
programming of funds that creates or initiates a new pro-
gram, project, or activity unless such program, project, or 
activity must be undertaken immediately in the interest of 
national security and only after written prior notification 
to the congressional defense committees. 
SEC. 8077. In addition to funds made available else-
where in this Act, $5,500,000 is hereby appropriated and 
shall remain available until expended to provide assistance, 
by grant or otherwise (such as the provision of funds for 
information technology and textbook purchases, professional 
development for educators, and student transition support) 
to public schools in states that are considered overseas as-
signments with unusually high concentrations of special 
needs military dependents enrolled: Provided, That up to 
2 percent of the total appropriated funds under this section 
shall be available for the administration and execution of 
the programs and/or events that promote the purpose of this 
appropriation: Provided further, That up to 5 percent of 
the total appropriated funds under this section shall be 
available to public schools that have entered into a military 
partnership: Provided further, That $1,000,000 shall be 
available for a nonprofit trust fund to assist in the public- 
private funding of public school repair and maintenance 
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projects: Provided further, That $500,000 shall be available 
to fund an ongoing special education support program in 
public schools with unusually high concentrations of active 
duty military dependents enrolled: Provided further, That 
to the extent a Federal agency provides this assistance by 
contract, grant, or otherwise, it may accept and expend 
non-Federal funds in combination with these Federal funds 
to provide assistance for the authorized purpose. 
SEC. 8078. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$50,500,000 is hereby appropriated to the Department of 
Defense: Provided, That the Secretary of Defense shall make 
grants in the amounts specified as follows: $20,000,000 to 
the Edward M. Kennedy Institute for the Senate; 
$5,500,000 to the U.S.S. Missouri Memorial Association; 
and $25,000,000 to the National World War II Museum. 
SEC. 8079. The budget of the President for fiscal year 
2011 submitted to the Congress pursuant to section 1105 
of title 31, United States Code, shall include separate budget 
justification documents for costs of United States Armed 
Forces’ participation in contingency operations for the 
Military Personnel accounts, the Operation and Mainte-
nance accounts, and the Procurement accounts: Provided, 
That these documents shall include a description of the 
funding requested for each contingency operation, for each 
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military service, to include all Active and Reserve compo-
nents, and for each appropriations account: Provided fur-
ther, That these documents shall include estimated costs for 
each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and esti-
mates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents 
shall include budget exhibits OP–5 and OP–32 (as defined 
in the Department of Defense Financial Management Regu-
lation) for all contingency operations for the budget year 
and the two preceding fiscal years. 
SEC. 8080. None of the funds in this Act may be used 
for research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile de-
fense system. 
SEC. 8081. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the lev-
els funded in this Act: Provided, That the Air Force shall 
allow the 53rd Weather Reconnaissance Squadron to per-
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form other missions in support of national defense require-
ments during the non-hurricane season. 
SEC. 8082. None of the funds provided in this Act shall 
be available for integration of foreign intelligence informa-
tion unless the information has been lawfully collected and 
processed during the conduct of authorized foreign intel-
ligence activities: Provided, That information pertaining to 
United States persons shall only be handled in accordance 
with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Execu-
tive Order No. 12333. 
SEC. 8083. (a) At the time members of reserve compo-
nents of the Armed Forces are called or ordered to active 
duty under section 12302(a) of title 10, United States Code, 
each member shall be notified in writing of the expected 
period during which the member will be mobilized. 
(b) The Secretary of Defense may waive the require-
ments of subsection (a) in any case in which the Secretary 
determines that it is necessary to do so to respond to a na-
tional security emergency or to meet dire operational re-
quirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8084. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
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priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate adjust-
ments for any ship construction program appropriated in 
law: Provided, That the Secretary may transfer not to ex-
ceed $100,000,000 under the authority provided by this sec-
tion: Provided further, That the Secretary may not transfer 
any funds until 30 days after the proposed transfer has been 
reported to the Committees on Appropriations of the House 
of Representatives and the Senate, unless a response from 
the Committees is received sooner: Provided further, That 
the transfer authority provided by this section is in addi-
tion to any other transfer authority contained elsewhere in 
this Act. 
SEC. 8085. For purposes of section 612 of title 41, 
United States Code, any subdivision of appropriations 
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is made 
shall be available to reimburse the Judgment Fund and 
shall be considered for the same purposes as any subdivision 
under the heading ‘‘Shipbuilding and Conversion, Navy’’ 
appropriations in the current fiscal year or any prior fiscal 
year. 
SEC. 8086. (a) None of the funds appropriated by this 
Act may be used to transfer research and development, ac-
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quisition, or other program authority relating to current 
tactical unmanned aerial vehicles (TUAVs) from the Army. 
(b) The Army shall retain responsibility for and oper-
ational control of the MQ–1C Sky Warrior Unmanned Aer-
ial Vehicle (UAV) in order to support the Secretary of De-
fense in matters relating to the employment of unmanned 
aerial vehicles. 
SEC. 8087. Of the funds provided in this Act, 
$10,000,000 shall be available for the operations and devel-
opment of training and technology for the Joint Inter-
agency Training and Education Center and the affiliated 
Center for National Response at the Memorial Tunnel and 
for providing homeland defense/security and traditional 
warfighting training to the Department of Defense, other 
Federal agencies, and State and local first responder per-
sonnel at the Joint Interagency Training and Education 
Center. 
SEC. 8088. Notwithstanding any other provision of 
law or regulation, the Secretary of Defense may adjust wage 
rates for civilian employees hired for certain health care 
occupations as authorized for the Secretary of Veterans Af-
fairs by section 7455 of title 38, United States Code. 
SEC. 8089. Up to $16,000,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Regional 
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Initiative Program for the purpose of enabling the Pacific 
Command to execute Theater Security Cooperation activi-
ties such as humanitarian assistance, and payment of in-
cremental and personnel costs of training and exercising 
with foreign security forces: Provided, That funds made 
available for this purpose may be used, notwithstanding 
any other funding authorities for humanitarian assistance, 
security assistance or combined exercise expenses: Provided 
further, That funds may not be obligated to provide assist-
ance to any foreign country that is otherwise prohibited 
from receiving such type of assistance under any other pro-
vision of law. 
SEC. 8090. None of the funds appropriated by this Act 
for programs of the Office of the Director of National Intel-
ligence shall remain available for obligation beyond the cur-
rent fiscal year, except for funds appropriated for research 
and technology, which shall remain available until Sep-
tember 30, 2011. 
SEC. 8091. Notwithstanding any other provision of 
this Act, to reflect savings from revised economic assump-
tions, the total amount appropriated in title II of this Act 
is hereby reduced by $194,000,000, the total amount appro-
priated in title III of this Act is hereby reduced by 
$322,000,000, the total amount appropriated in title IV of 
this Act is hereby reduced by $336,000,000, and the total 
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amount appropriated in title V of this Act is hereby reduced 
by $9,000,000: Provided, That the Secretary of Defense shall 
allocate this reduction proportionally to each budget activ-
ity, activity group, subactivity group, and each program, 
project, and activity, within each appropriation account. 
SEC. 8092. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8093. Notwithstanding any other provision of 
law, that not more than 35 percent of funds provided in 
this Act for environmental remediation may be obligated 
under indefinite delivery/indefinite quantity contracts with 
a total contract value of $130,000,000 or higher. 
SEC. 8094. The Director of National Intelligence shall 
include the budget exhibits identified in paragraphs (1) and 
(2) as described in the Department of Defense Financial 
Management Regulation with the congressional budget jus-
tification books. 
(1) For procurement programs requesting more 
than $20,000,000 in any fiscal year, the P–1, Pro-
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curement Program; P–5, Cost Analysis; P–5a, Pro-
curement History and Planning; P–21, Production 
Schedule; and P–40 Budget Item Justification. 
(2) For research, development, test and evalua-
tion projects requesting more than $10,000,000 in 
any fiscal year, the R–1, RDT&E Program; R–2, 
RDT&E Budget Item Justification; R–3, RDT&E 
Project Cost Analysis; and R–4, RDT&E Program 
Schedule Profile. 
SEC. 8095. None of the funds made available in this 
Act may be used in contravention of the following laws en-
acted or regulations promulgated to implement the United 
Nations Convention Against Torture and Other Cruel, In-
human or Degrading Treatment or Punishment (done at 
New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Federal 
Regulations, and part 95 of title 22, Code of Federal 
Regulations. 
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(3) Sections 1002 and 1003 of the Department of 
Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pan-
demic Influenza Act, 2006 (Public Law 109–148). 
SEC. 8096. (a) Not later than 60 days after enactment 
of this Act, the Office of the Director of National Intelligence 
shall submit a report to the congressional intelligence com-
mittees to establish the baseline for application of re-
programming and transfer authorities for fiscal year 2010: 
Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence cer-
tifies in writing to the congressional intelligence committees 
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that such reprogramming or transfer is necessary as an 
emergency requirement. 
SEC. 8097. The Director of National Intelligence shall 
submit to Congress each year, at or about the time that 
the President’s budget is submitted to Congress that year 
under section 1105(a) of title 31, United States Code, a fu-
ture-years intelligence program (including associated an-
nexes) reflecting the estimated expenditures and proposed 
appropriations included in that budget. Any such future- 
years intelligence program shall cover the fiscal year with 
respect to which the budget is submitted and at least the 
four succeeding fiscal years. 
SEC. 8098. For the purposes of this Act, the term ‘‘con-
gressional intelligence committees’’ means the Permanent 
Select Committee on Intelligence of the House of Represent-
atives, the Select Committee on Intelligence of the Senate, 
the Subcommittee on Defense of the Committee on Appro-
priations of the House of Representatives, and the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate. 
SEC. 8099. The Department of Defense shall continue 
to report incremental contingency operations costs for Oper-
ation Iraqi Freedom and Operation Enduring Freedom on 
a monthly basis in the Cost of War Execution Report as 
prescribed in the Department of Defense Financial Manage-
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ment Regulation Department of Defense Instruction 
7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 
Annex 1, dated September 2005. 
SEC. 8100. The amounts appropriated in title II of 
this Act are hereby reduced by $500,000,000 to reflect excess 
cash balances in Department of Defense Working Capital 
Funds, as follows: 
From ‘‘Operation and Maintenance, Air Force’’, 
$500,000,000. 
SEC. 8101. During the current fiscal year, not to ex-
ceed $10,000,000 from each of the appropriations made in 
title III of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
ation and Maintenance, Air Force’’ may be transferred by 
the military department concerned to its central fund estab-
lished for Fisher Houses and Suites pursuant to section 
2493(d) of title 10, United States Code. 
SEC. 8102. Of the funds appropriated in the Intel-
ligence Community Management Account for the Program 
Manager for the Information Sharing Environment, 
$24,000,000 is available for transfer by the Director of Na-
tional Intelligence to other departments and agencies for 
purposes of Government-wide information sharing activi-
ties: Provided, That funds transferred under this provision 
are to be merged with and available for the same purposes 
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and time period as the appropriation to which transferred: 
Provided further, That the Office of Management and Budg-
et must approve any transfers made under this provision. 
SEC. 8103. Funds appropriated by this Act for oper-
ation and maintenance shall be available for the purpose 
of making remittances to the Defense Acquisition Workforce 
Development Fund in accordance with the requirements of 
section 1705 of title 10, United States Code. 
SEC. 8104. (a) REPORT ON GROUND-BASED INTER-
CEPTOR MISSILES.—Not later than 60 days after the date 
of the enactment of this Act, the Director of the Missile De-
fense Agency shall submit to the congressional defense com-
mittees a report on the utilization of funds to maintain the 
production line of Ground-Based Interceptor (GBI) mis-
siles. The report shall include a plan for the utilization of 
funds for Ground-Based Interceptor missiles made available 
by this Act for the Midcourse Defense Segment, including— 
(1) the number of Ground-based Interceptor mis-
siles proposed to be produced during fiscal year 2010; 
and 
(2) any plans for maintaining production of 
such missiles and the subsystems and components of 
such missiles. 
(b) REPORT
ON GROUND-BASED MIDCOURSE DE-
FENSE SYSTEM.—Not later than 120 days after the date 
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of the enactment of this Act, the Director of the Missile De-
fense Agency shall submit to the congressional defense com-
mittees a report setting forth the acquisition strategy for 
the Ground-Based Midcourse Defense (GMD) system during 
fiscal years 2011 through 2016. The report shall include a 
description of the plans of the Missile Defense Agency for 
each of the following: 
(1) To maintain the capability for production of 
Ground-Based Interceptor missiles. 
(2) To address modernization and obsolescence of 
the Ground-Based Midcourse Defense system. 
(3) To conduct a robust test program for the 
Ground-Based Midcourse Defense system. 
SEC. 8105. (a) HIGH PRIORITY NATIONAL GUARD 
COUNTERDRUG PROGRAMS.—Of the amount appropriated 
or otherwise made available by title VI under the heading 
‘‘DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE’’, up to $30,000,000 shall be available for the pur-
pose of High Priority National Guard Counterdrug Pro-
grams. 
(b) SUPPLEMENT NOT SUPPLANT.—The amount made 
available by subsection (a) for the purpose specified in that 
subsection is in addition to any other amounts made avail-
able by this Act for that purpose. 
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APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES 
SEC. 8106. (a) ACKNOWLEDGMENT AND APOLOGY.— 
The United States, acting through Congress— 
(1) recognizes the special legal and political rela-
tionship Indian tribes have with the United States 
and the solemn covenant with the land we share; 
(2) commends and honors Native Peoples for the 
thousands of years that they have stewarded and pro-
tected this land; 
(3) recognizes that there have been years of offi-
cial depredations, ill-conceived policies, and the 
breaking of covenants by the Federal Government re-
garding Indian tribes; 
(4) apologizes on behalf of the people of the 
United States to all Native Peoples for the many in-
stances of violence, maltreatment, and neglect in-
flicted on Native Peoples by citizens of the United 
States; 
(5) expresses its regret for the ramifications of 
former wrongs and its commitment to build on the 
positive relationships of the past and present to move 
toward a brighter future where all the people of this 
land live reconciled as brothers and sisters, and har-
moniously steward and protect this land together; 
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(6) urges the President to acknowledge the 
wrongs of the United States against Indian tribes in 
the history of the United States in order to bring 
healing to this land; and 
(7) commends the State governments that have 
begun reconciliation efforts with recognized Indian 
tribes located in their boundaries and encourages all 
State governments similarly to work toward recon-
ciling relationships with Indian tribes within their 
boundaries. 
(b) DISCLAIMER.—Nothing in this section— 
(1) authorizes or supports any claim against the 
United States; or 
(2) serves as a settlement of any claim against 
the United States. 
SEC. 8107. (a) REPORT ON USE OF LIVE PRIMATES 
IN TRAINING RELATING TO CHEMICAL AND BIOLOGICAL 
AGENTS.—Not later than 90 days after the date of the en-
actment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report setting 
forth a detailed description of the requirements for the use 
by the Department of Defense of live primates at the United 
States Army Medical Research Institute of Chemical De-
fense, and elsewhere, to demonstrate the effects of chemical 
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or biological agents or chemical (such as physostigmine) or 
biological agent simulants in training programs. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include, at a minimum, the following: 
(1) The number of live primates used in the 
training described in subsection (a). 
(2) The average lifespan of primates from the 
point of introduction into such training programs. 
(3) An explanation why the use of primates in 
such training is more advantageous and realistic 
than the use of human simulators or other alter-
natives. 
(4) An estimate of the cost of converting from the 
use of primates to human simulators in such train-
ing. 
SEC. 8108. (a) FINDINGS.—The Senate makes the fol-
lowing findings: 
(1) Real time intelligence, surveillance, and re-
connaissance (ISR) is critical to our warfighters in 
fighting the ongoing wars in Iraq and Afghanistan. 
(2) Secretary of Defense Gates and the military 
leadership of the United States have highlighted the 
importance of collecting and disseminating critical 
intelligence and battlefield information to our troops 
on the ground in Iraq and Afghanistan. 
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(3) The Chief of Staff of the Air Force, General 
Norton Schwartz, has stated that the Air Force is 
‘‘all-in’’ for the joint fight. 
(4) One of the most effective and heavily tasked 
intelligence, surveillance, and reconnaissance assets 
operating today is the Air Force’s E–8C Joint Sur-
veillance Target Attack Radar System, also known as 
Joint STARS. 
(5) Commanders in the field rely on Joint 
STARS to give them a long range view of the battle-
field and detect moving targets in all weather condi-
tions as well as tactical support to Brigade Combat 
Teams, Joint Tactical Air Controllers and Special 
Operations Forces convoy overwatch. 
(6) Joint STARS is a joint platform, flown by 
a mix of active duty Air Force and Air National 
Guard personnel and operated by a joint Army, Air 
Force, and Marine crew, supporting missions for all 
the Armed Forces. 
(7) With a limited number of airframes, Joint 
STARS has flown over 55,000 combat hours and 900 
sorties over Iraq and Afghanistan and directly con-
tributed to the discovery of hundreds of Improvised 
Explosive Devices. 
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(8) The current engines greatly limit the per-
formance of Joint STARS aircraft and are the high-
est cause of maintenance problems and mission 
aborts. 
(9) There is no other current or programmed 
aircraft or weapon system that can provide the de-
tailed, broad-area ground moving target indicator 
(GMTI) and airborne battle management support for 
the warfighter that Joint STARS provides. 
(10) With the significant operational savings 
that new engines will bring to the Joint STARS, re- 
engining Joint STARS will pay for itself by 2017 
due to reduced operations, sustainment, and fuel 
costs. 
(11) In December 2002, a JSTARS re-engining 
study determined that re-engining provided signifi-
cant benefits and cost savings. However, delays in 
executing the re-engining program continue to result 
in increased costs for the re-engining effort. 
(12) The budget request for the Department of 
Defense for fiscal year 2010 included $205,000,000 in 
Aircraft Procurement, Air Force, and $16,000,000 in 
Research, Development, Test, and Evaluation, Air 
Force for Joint STARS re-engining. 
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(13) On September 22, 2009, the Department of 
Defense re-affirmed their support for the President’s 
Budget request for Joint STARS re-engining. 
(14) On September 30, 2009, the Undersecretary 
of Defense (Acquisition, Technology, and Logistics) 
signed an Acquisition Decision Memorandum direct-
ing that the Air Force proceed with the Joint STARS 
re-engining effort, to include expenditure of procure-
ment and research, development, test, and evaluation 
funds. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that— 
(1) Funds for re-engining of the E–8C Joint 
Surveillance Target Attack Radar System (Joint 
STARS) should be appropriated in the correct appro-
priations accounts and in the amounts required in 
fiscal year 2010 to execute the Joint STARS Re- 
Engining System Design and Development Program; 
and 
(2) the Air Force should proceed with currently 
planned efforts to re-engine Joint STARS aircraft, to 
include expending both procurement and research, de-
velopment, test, and evaluation funds. 
SEC. 8109. (a) Notwithstanding any other provision 
of this Act and except as provided in subsection (b), any 
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report required to be submitted by a Federal agency or de-
partment to the Committee on Appropriations of either the 
Senate or the House of Representatives in this Act shall 
be posted on the public website of that agency upon receipt 
by the committee. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises 
national security; or 
(2) the report contains proprietary information. 
SEC. 8110. (a) The Secretary of Defense shall conduct 
a study on defense contracting fraud and submit a report 
containing the findings of such study to the congressional 
defense committees. 
(b) The report required under subsection (a) shall in-
clude— 
(1) an assessment of the total value of Depart-
ment of Defense contracts entered into to with con-
tractors that have been indicted for, settled charges of, 
been fined by any Federal department or agency for, 
or been convicted of fraud in connection with any 
contract or other transaction entered into with the 
Federal Government; and 
(2) recommendations by the Inspector General of 
the Department of Defense or other appropriate De-
partment of Defense official regarding how to penalize 
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Department of Defense in this title: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided 
further, That the authority provided in this section is in 
addition to any other transfer authority available to the 
Department of Defense and is subject to the same terms and 
conditions as the authority provided in the Department of 
Defense Appropriations Act, 2010: Provided further, That 
the amount in this section is designated as being for over-
seas deployments and other activities pursuant to sections 
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal year 
2010. 
SEC. 9003. Supervision and administration costs asso-
ciated with a construction project funded with appropria-
tions available for operation and maintenance or the ‘‘Af-
ghanistan Security Forces Fund’’ provided in this Act and 
executed in direct support of overseas contingency oper-
ations in Afghanistan, may be obligated at the time a con-
struction contract is awarded: Provided, That for the pur-
pose of this section, supervision and administration costs 
include all in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in Iraq 
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