committee on Defense of the Committee on Appropriations 
of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representa-
tives. 
SEC. 8028. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot 
maintenance and repair of aircraft, vehicles and vessels 
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or Defense Agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A– 
76 shall not apply to competitions conducted under this 
section. 
SEC. 8029. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the 
terms of the agreement by discriminating against certain 
types of products produced in the United States that are 
covered by the agreement, the Secretary of Defense shall 
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rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced 
in that foreign country. 
(2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country 
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products 
in that country. 
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense 
purchases from foreign entities in fiscal year 2010. Such 
report shall separately indicate the dollar value of items 
for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade 
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy 
American Act’’ means title III of the Act entitled ‘‘An Act 
making appropriations for the Treasury and Post Office 
Departments for the fiscal year ending June 30, 1934, 
and for other purposes’’, approved March 3, 1933 (41 
U.S.C. 10a et seq.). 
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SEC. 8030. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act 
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 
be available until expended for the payments specified by 
section 2921(c)(2) of that Act. 
SEC. 8031. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North Da-
kota, South Dakota, Montana, and Minnesota relocatable 
military housing units located at Grand Forks Air Force 
Base, Malmstrom Air Force Base, Mountain Home Air 
Force Base, and Minot Air Force Base that are excess 
to the needs of the Air Force. 
(b) The Secretary of the Air Force shall convey, at 
no cost to the Air Force, military housing units under sub-
section (a) in accordance with the request for such units 
that are submitted to the Secretary by the Operation 
Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Da-
kota, Montana, and Minnesota. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for 
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housing units under subsection (a) before submitting re-
quests to the Secretary of the Air Force under subsection 
(b). 
(d) In this section, the term ‘‘Indian tribe’’ means 
any recognized Indian tribe included on the current list 
published by the Secretary of the Interior under section 
104 of the Federally Recognized Indian Tribe Act of 1994 
(Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 
1). 
SEC. 8032. During the current fiscal year, appropria-
tions which are available to the Department of Defense 
for operation and maintenance may be used to purchase 
items having an investment item unit cost of not more 
than $250,000. 
SEC. 8033. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the 
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital 
Funds if such an item would not have been chargeable 
to the Department of Defense Business Operations Fund 
during fiscal year 1994 and if the purchase of such an 
investment item would be chargeable during the current 
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fiscal year to appropriations made to the Department of 
Defense for procurement. 
(b) The fiscal year 2011 budget request for the De-
partment of Defense as well as all justification material 
and other documentation supporting the fiscal year 2011 
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be 
budgeted for in a proposed fiscal year 2011 procurement 
appropriation and not in the supply management business 
area or any other area or category of the Department of 
Defense Working Capital Funds. 
SEC. 8034. None of the funds appropriated by this 
Act for programs of the Central Intelligence Agency shall 
remain available for obligation beyond the current fiscal 
year, except for funds appropriated for the Reserve for 
Contingencies, which shall remain available until Sep-
tember 30, 2011: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund 
during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That 
any funds appropriated or transferred to the Central Intel-
ligence Agency for advanced research and development ac-
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quisition, for agent operations, and for covert action pro-
grams authorized by the President under section 503 of 
the National Security Act of 1947, as amended, shall re-
main available until September 30, 2011. 
SEC. 8035. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence 
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands. 
SEC. 8036. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’, not less than $12,000,000 shall 
be made available only for the mitigation of environmental 
impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost 
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities. 
SEC. 8037. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this 
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subsection, the term ‘‘Buy American Act’’ means title III 
of the Act entitled ‘‘An Act making appropriations for the 
Treasury and Post Office Departments for the fiscal year 
ending June 30, 1934, and for other purposes’’, approved 
March 3, 1933 (41 U.S.C. 10a et seq.). 
(b) If the Secretary of Defense determines that a per-
son has been convicted of intentionally affixing a label 
bearing a ‘‘Made in America’’ inscription to any product 
sold in or shipped to the United States that is not made 
in America, the Secretary shall determine, in accordance 
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with 
the Department of Defense. 
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is 
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase 
only American-made equipment and products, provided 
that American-made equipment and products are cost- 
competitive, quality-competitive, and available in a timely 
fashion. 
SEC. 8038. None of the funds appropriated by this 
Act shall be available for a contract for studies, analysis, 
or consulting services entered into without competition on 
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the basis of an unsolicited proposal unless the head of the 
activity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform 
the proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or 
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a 
new product or idea of a specific concern is given fi-
nancial support: Provided, That this limitation shall 
not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equip-
ment that is in development or production, or con-
tracts as to which a civilian official of the Depart-
ment of Defense, who has been confirmed by the 
Senate, determines that the award of such contract 
is in the interest of the national defense. 
SEC. 8039. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used—— 
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(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 depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place 
of duty remains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection 
(a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the 
House of Representatives and Senate that the granting 
of the waiver will reduce the personnel requirements or 
the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; or 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of im-
provised explosive devices, and, as determined by the 
Secretary of the Army, other similar threats. 
SEC. 8040. The Secretary of Defense, notwith-
standing any other provision of law, acting through the 
Office of Economic Adjustment of the Department of De-
fense, may use funds made available in this Act under the 
heading ‘‘Operation and Maintenance, Defense-Wide’’ to 
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make grants and supplement other Federal funds in ac-
cordance with the guidance provided in the report of the 
Committee on Appropriations of the House of Representa-
tives accompanying this Act. 
(RESCISSIONS) 
SEC. 8041. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and pro-
grams in the specified amounts: 
‘‘Other 
Procurement, 
Army, 
2009/2011’’, 
$131,900,000; 
‘‘Shipbuilding and Conversion, Navy, 2009/ 
2013’’, $177,767,000; 
‘‘Other 
Procurement, 
Navy, 
2009/2011’’, 
$18,844,000; 
‘‘Aircraft Procurement, Air Force, 2009/2011’’, 
$687,071,000; 
‘‘Missile Procurement, Air Force, 2009/2011’’, 
$60,000,000; 
‘‘Other Procurement, Air Force, 2009/2011’’, 
$36,400,000; 
‘‘Research, Development, Test and Evaluation, 
Navy, 2009/2010’’, $20,000,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2009/2010’’, $70,000,000; 
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‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2009/2010’’, $189,357,000. 
SEC. 8042. None of the funds available in this Act 
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard, 
Air National Guard, Army Reserve and Air Force Reserve 
for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military 
(civilian) technicians, unless such reductions are a direct 
result of a reduction in military force structure. 
SEC. 8043. 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. 8044. 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 
activities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
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Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel 
and training procedures. 
SEC. 8045. During the current fiscal year, none of 
the funds appropriated in this Act may be used to reduce 
the civilian medical and medical support personnel as-
signed to military treatment facilities below the September 
30, 2003, level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional 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. 8046. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to 
any other department or agency of the United States ex-
cept 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 department or agency of the United States except 
as specifically provided in an appropriations law. 
SEC. 8047. None of the funds appropriated by this 
Act may be used for the procurement of ball and roller 
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bearings other than those produced by a domestic source 
and of domestic origin: Provided, That the Secretary of 
the military department responsible for such procurement 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that 
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
‘‘commercial items’’, as defined by section 4(12) of the 
Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased 
as end items. 
SEC. 8048. None of the funds in this Act may be 
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees 
that such an acquisition must be made in order to acquire 
capability for national security purposes that is not avail-
able from United States manufacturers. 
SEC. 8049. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
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proves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction 
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That 
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or 
provisions of Acts providing supplemental appropriations 
for the Department of Defense. 
SEC. 8050. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or 
expended to transfer to another nation or an international 
organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations 
of the Senate are notified 15 days in advance of such 
transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter 
VI or chapter VII of the United Nations Charter 
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under the authority of a United Nations Security 
Council resolution; and 
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the 
following— 
(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory 
requirements of all elements of the Armed 
Forces (including the reserve components) for 
the type of equipment or supplies to be trans-
ferred 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 pro-
vide funds for such replacement. 
SEC. 8051. None of the funds available to the De-
partment of Defense under this Act shall be obligated or 
expended to pay a contractor under a contract with the 
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Department of Defense for costs of any amount paid by 
the contractor to an employee when— 
(1) such costs are for a bonus or otherwise in 
excess of the normal salary paid by the contractor 
to the employee; and 
(2) such bonus is part of restructuring costs as-
sociated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8052. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act 
under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’ may be transferred to appropriations available for 
the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations 
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible 
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States 
Code. 
SEC. 8053. During the current fiscal year, in the case 
of an appropriation account of the Department of Defense 
for which the period of availability for obligation has ex-
pired or which has closed under the provisions of section 
1552 of title 31, United States Code, and which has a 
negative unliquidated or unexpended balance, an obliga-
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tion or an adjustment of an obligation may be charged 
to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly 
chargeable (except as to amount) to the expired or 
closed account before the end of the period of avail-
ability or closing of that account; 
(2) the obligation is not otherwise properly 
chargeable to any current appropriation account of 
the Department of Defense; and 
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation 
of the Department of Defense under the provisions 
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law 
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there 
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall 
be reversed and recorded against the expired ac-
count: Provided further, That the total amount 
charged to a current appropriation under this sec-
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tion may not exceed an amount equal to 1 percent 
of the total appropriation for that account. 
SEC. 8054. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may per-
mit the use of equipment of the National Guard Distance 
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for 
such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs 
associated with the use of equipment of the project under 
that subsection. Such funds shall be available for such 
purposes without fiscal year limitation. 
SEC. 8055. Using funds available by this Act or any 
other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United 
States Code, may implement cost-effective agreements for 
required 
heating 
facility 
modernization 
in 
the 
Kaiserslautern Military Community in the Federal Repub-
lic of Germany: Provided, That in the City of 
Kaiserslautern such agreements will include the use of 
United States anthracite as the base load energy for mu-
nicipal district heat to the United States Defense installa-
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tions: Provided further, That at Landstuhl Army Regional 
Medical Center and Ramstein Air Base, furnished heat 
may be obtained from private, regional or municipal serv-
ices, if provisions are included for the consideration of 
United States coal as an energy source. 
SEC. 8056. None of the funds appropriated in title 
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational 
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development, 
prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this 
restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the 
Secretary of Defense may waive this restriction on a case- 
by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do 
so. 
SEC. 8057. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government. 
SEC. 8058. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
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foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign 
country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under 
section 2531 of title 10, United States Code, and the 
country does not discriminate against the same or similar 
defense items produced in the United States for that coun-
try. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on 
or after the date of the enactment of this Act; and 
(2) options for the procurement of items that 
are exercised after such date under contracts that 
are entered into before such date if the option prices 
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
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 
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through 7229, 7304.41 through 7304.49, 7306.40, 7502 
through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8059. (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 informa-
tion from the Department of State that the unit has com-
mitted a gross violation of human rights, unless all nec-
essary corrective steps have been taken. 
(b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision 
to conduct any training program referred to in subsection 
(a), full consideration is given to all credible information 
available to the Department of State relating to human 
rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in 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 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose 
and duration of the training program, the United States 
forces and the foreign security forces involved in the train-
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ing program, and the information relating to human rights 
violations that necessitates the waiver. 
SEC. 8060. None of the funds appropriated or made 
available in this Act to the Department of the Navy shall 
be used to develop, lease or procure the T–AKE class of 
ships unless the main propulsion diesel engines and 
propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appro-
priations 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. 8061. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended 
for the purpose of performing repairs or maintenance to 
military family housing units of the Department of De-
fense, including areas in such military family housing 
units that may be used for the purpose of conducting offi-
cial Department of Defense business. 
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SEC. 8062. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’ for any new start advanced concept technology 
demonstration project or joint capability demonstration 
project may only be obligated 30 days after a report, in-
cluding a description of the project, the planned acquisi-
tion and transition strategy and its estimated annual and 
total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary 
of Defense may waive this restriction on a case-by-case 
basis by certifying to the congressional defense committees 
that it is in the national interest to do so. 
SEC. 8063. 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 mat-
ters as directed in the classified annex accompanying this 
Act. 
SEC. 8064. During the current fiscal year, none of 
the funds available to the Department of Defense may be 
used to provide support to another department or agency 
of the United States if such department or agency is more 
than 90 days in arrears in making payment to the Depart-
ment of Defense for goods or services previously provided 
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to such department or agency on a reimbursable basis: 
Provided, That this restriction shall not apply if the de-
partment 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 author-
ity: Provided further, That the Secretary of Defense may 
waive this restriction on a case-by-case basis by certifying 
in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the 
national security interest to do so. 
SEC. 8065. Notwithstanding section 12310(b) of title 
10, United States Code, a Reserve who is a member of 
the National Guard serving on full-time National Guard 
duty under section 502(f) of title 32, United States Code, 
may perform duties in support of the ground-based ele-
ments of the National Ballistic Missile Defense System. 
SEC. 8066. None of the funds provided in this Act 
may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has 
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor 
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 
‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 
entity performing demilitarization services for the Depart-
ment of Defense under a contract that requires the entity 
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to demonstrate to the satisfaction of the Department of 
Defense that armor piercing projectiles are either: (1) ren-
dered incapable of reuse by the demilitarization process; 
or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by 
the Department of State. 
SEC. 8067. 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 fra-
ternal nonprofit organization as may be approved by the 
Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis. 
SEC. 8068. None of the funds appropriated by this 
Act shall be used for the support of any nonappropriated 
funds activity of the Department of Defense that procures 
malt beverages and wine with nonappropriated funds for 
resale (including such alcoholic beverages sold by the 
drink) on a military installation located in the United 
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States unless such malt beverages and wine are procured 
within that State, or in the case of the District of Colum-
bia, 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 installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall 
apply to all alcoholic beverages only for military installa-
tions in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most 
competitive source, price and other factors considered. 
SEC. 8069. 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. 8070. Of the amounts appropriated in this Act 
under the heading ‘‘Operation and Maintenance, Army’’, 
$106,754,000 shall remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
the Secretary of Defense is authorized to transfer such 
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funds to other activities of the Federal Government: Pro-
vided further, That the Secretary of Defense is authorized 
to enter into and carry out contracts for the acquisition 
of real property, construction, personal services, and oper-
ations related to projects carrying out the purposes of this 
section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be nec-
essary: Provided further, That projects authorized by this 
section shall comply with applicable Federal, State, and 
local law to the maximum extent consistent with the na-
tional security, as determined by the Secretary of Defense. 
SEC. 8071. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of 
the matter under subsection 101(b) of Public Law 104– 
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made 
by the Department of Defense in fiscal year 2010. 
SEC. 8072. In addition to amounts provided else-
where in this Act, $5,000,000 is hereby appropriated to 
the Department of Defense, to remain available for obliga-
tion until expended: Provided, That notwithstanding any 
other provision of law, these funds shall be available only 
for a grant to the Fisher House Foundation, Inc., only 
for the construction and furnishing of additional Fisher 
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Houses to meet the needs of military family members 
when confronted with the illness or hospitalization of an 
eligible military beneficiary. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act 
under the heading ‘‘Research, Development, Test and 
Evaluation, Defense-Wide’’, $202,434,000 shall be for the 
Israeli Cooperative Programs: Provided, That of this 
amount, $45,792,000 shall be for the Short Range Bal-
listic Missile Defense (SRBMD) program, $50,036,000 
shall be available for an upper-tier component to the 
Israeli Missile Defense Architecture, and $72,400,000 
shall be for the Arrow Missile Defense Program, of which 
$25,000,000 shall be for producing Arrow missile compo-
nents in the United States and Arrow missile components 
in Israel to meet Israel’s defense requirements, consistent 
with each nation’s laws, regulations and procedures: Pro-
vided further, That funds made available under this provi-
sion for production of missiles and missile components 
may be transferred to appropriations available for the pro-
curement of weapons and equipment, to be merged with 
and to be available for the same time period and the same 
purposes as the appropriation to which transferred: Pro-
vided further, That the transfer authority provided under 
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this provision is in addition to any other transfer authority 
contained in this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8074. Of the amounts appropriated in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’, 
$454,586,000 shall be available until September 30, 2010, 
to fund prior year shipbuilding cost increases: Provided, 
That upon enactment of this Act, the Secretary of the 
Navy shall transfer such funds to the following appropria-
tions in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which 
transferred: 
To: 
Under the heading Shipbuilding and Conversion, 
Navy, 2004/2010: 
New SSN, $26,906,000; 
LPD-17 Amphibious Transport Dock Program, 
$16,844,000; 
Under the heading Shipbuilding and Conversion, 
Navy, 2005/2010: 
New SSN, $18,702,000; 
LPD-17 Amphibious Transport Dock Program, 
$16,498,000; 
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Under the heading Shipbuilding and Conversion, 
Navy, 2007/2011: 
DD(X) Program, $309,636,000; 
Under the heading Shipbuilding and Conversion, 
Navy, 2008/2012: 
LPD-17 Amphibious Transport Dock Program, 
$66,000,000. 
SEC. 8075. None of the funds available to the De-
partment of Defense may be obligated to modify command 
and control relationships to give Fleet Forces Command 
administrative and operational control of U.S. Navy forces 
assigned to the Pacific fleet: Provided, That the command 
and control relationships which existed on October 1, 
2004, shall remain in force unless changes are specifically 
authorized in a subsequent Act. 
SEC. 8076. Notwithstanding any other provision of 
law or regulation, the Secretary of Defense may exercise 
the provisions of section 7403(g) of title 38, United States 
Code, for occupations listed in section 7403(a)(2) of title 
38, United States Code, as well as the following: 
Pharmacists, Audiologists, Psychologists, Social 
Workers, 
Orthotists/Prosthetists, 
Occupational 
Therapists, 
Physical 
Therapists, 
Rehabilitation 
Therapy Assistants, Respiratory Therapists, Speech 
Pathologists, Dietitian/Nutritionists, Industrial Hy-
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gienists, Psychology Technicians, Social Service As-
sistants, Practical Nurses, Nursing Assistants, Med-
ical Technologists, Medical Technicians, Pharmacy 
Technicians, Health System Specialists, Medical In-
strument Technicians, 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. 8077. Funds appropriated by this Act, or made 
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized 
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2010 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2010. 
SEC. 8078. None of the funds provided in this Act 
shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new 
program, project, or activity unless such program, project, 
or activity must be undertaken immediately in the interest 
of national security and only after written prior notifica-
tion to the congressional defense committees. 
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SEC. 8079. (a) In addition to the amounts provided 
elsewhere in this Act, $3,000,000 is hereby appropriated 
to the Department of Defense for ‘‘Operation and Mainte-
nance, Army National Guard’’. Such amount shall be 
made available to the Secretary of the Army only to make 
a grant in the amount of $3,000,000 to the entity speci-
fied in subsection (b) to facilitate access by veterans to 
opportunities for skilled employment in the construction 
industry. 
(b) The entity referred to in subsection (a) is the 
Center for Military Recruitment, Assessment and Vet-
erans Employment, a nonprofit labor-management co-
operation committee provided for by section 302(c)(9) of 
the Labor-Management Relations Act, 1947 (29 U.S.C. 
186(c)(9)), for the purposes set forth in section 6(b) of 
the Labor Management Cooperation Act of 1978 (29 
U.S.C. 175a note). 
SEC. 8080. The budget of the President for fiscal 
year 2011 submitted to the Congress pursuant to section 
1105 of title 31, United States Code, shall include sepa-
rate budget justification documents for costs of United 
States Armed Forces’ participation in contingency oper-
ations for the Military Personnel accounts, the Operation 
and Maintenance accounts, and the Procurement ac-
counts: Provided, That these documents shall include a de-
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scription of the funding requested for each contingency op-
eration, for each military service, to include all Active and 
Reserve components, and for each appropriations account: 
Provided further, That these documents shall include esti-
mated costs for each element of expense or object class, 
a reconciliation of increases and decreases for each contin-
gency operation, and programmatic data including, but 
not limited to, troop strength for each Active and Reserve 
component, and estimates of the major weapons systems 
deployed in support of each contingency: Provided further, 
That these documents shall include budget exhibits OP– 
5 and OP–32 (as defined in the Department of Defense 
Financial Management Regulation) for all contingency op-
erations for the budget year and the two preceding fiscal 
years. 
SEC. 8081. None of the funds in this Act may be 
used for research, development, test, evaluation, procure-
ment or deployment of nuclear armed interceptors of a 
missile defense system. 
SEC. 8082. Up to $2,500,000 of the funds appro-
priated under the heading ‘‘Operation and Maintenance, 
Navy’’ in this Act for the Pacific Missile Range Facility 
may be made available to contract for the repair, mainte-
nance, and operation of adjacent off-base water, drainage, 
and flood control systems, electrical upgrade to support 
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additional missions critical to base operations, and support 
for a range footprint expansion to further guard against 
encroachment. 
SEC. 8083. In addition to the amounts appropriated 
or otherwise made available elsewhere in this Act, 
$88,700,000 is hereby appropriated to the Department of 
Defense: Provided, That the Secretary of Defense shall 
make grants in the amounts specified as follows: 
$20,000,000 to the United Service Organizations; 
$30,000,000 to the Red Cross; $6,000,000 to the SOAR 
Virtual School District; $5,000,000 to The Presidio Herit-
age Center; $5,000,000 to the Paralympics Military Pro-
gram; $4,800,000 to the Arrest Deterioration of Ford Is-
land Aviation Control Tower, Pearl Harbor, HI; 
$2,000,000 to the Go For Broke program; $1,000,000 to 
Our Military Kids; $3,000,000 to the New Jersey Tech-
nology Center; $2,000,000 to the Women in Military Serv-
ice for America Memorial; $500,000 to the Marshall Leg-
acy Institute; $1,000,000 to the Vietnam Veterans Memo-
rial Fund for Demining Activities; $7,400,000 to the Ed-
ward M. Kennedy Institute for the Senate; and 
$1,000,000 for the Riverside General Hospital in Hous-
ton, Texas, for the treatment of psychological health 
issues. 
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SEC. 8084. None of the funds appropriated or made 
available in this Act shall be used to reduce or disestablish 
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce 
the WC–130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force 
shall allow the 53rd Weather Reconnaissance Squadron to 
perform other missions in support of national defense re-
quirements during the non-hurricane season. 
SEC. 8085. None of the funds provided in this Act 
shall be available for integration of foreign intelligence in-
formation unless the information has been lawfully col-
lected and processed during the conduct of authorized for-
eign intelligence activities: Provided, That information 
pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as imple-
mented through Executive Order No. 12333. 
SEC. 8086. (a) At the time members of reserve com-
ponents of the Armed Forces are called or ordered to ac-
tive duty under section 12302(a) of title 10, United States 
Code, each member shall be notified in writing of the ex-
pected 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 
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determines that it is necessary to do so to respond to a 
national security emergency or to meet dire operational 
requirements of the Armed Forces. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8087. The Secretary of Defense may transfer 
funds from any available Department of the Navy appro-
priation to any available Navy ship construction appro-
priation for the purpose of liquidating necessary changes 
resulting from inflation, market fluctuations, or rate ad-
justments for any ship construction program appropriated 
in law: Provided, That the Secretary may transfer not to 
exceed $100,000,000 under the authority provided by this 
section: Provided further, That the Secretary may not 
transfer any funds until 30 days after the proposed trans-
fer has been reported to the Committees on Appropria-
tions of the House of Representatives and the Senate, un-
less a response from the Committees is received sooner: 
Provided further, That the transfer authority provided by 
this section is in addition to any other transfer authority 
contained elsewhere in this Act. 
SEC. 8088. For purposes of section 612 of title 41, 
United States Code, any subdivision of appropriations 
made under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ that is not closed at the time reimbursement is 
made shall be available to reimburse the Judgment Fund 
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and shall be considered for the same purposes as any sub-
division under the heading ‘‘Shipbuilding and Conversion, 
Navy’’ appropriations in the current fiscal year or any 
prior fiscal year. 
SEC. 8089. (a) None of the funds appropriated by 
this Act may be used to transfer research and develop-
ment, acquisition, or other program authority relating to 
current tactical unmanned aerial vehicles (TUAVs) from 
the Army. 
(b) None of the funds appropriated by this Act may 
be used to institute an inter-Service common contract for 
acquisition of MQ–1 or MQ–1C UAVs until 30 days after 
the Secretary of Defense certifies to the congressional de-
fense committees that a common contract would achieve 
cost savings, be interoperable with, and not create undue 
sustainment costs compared to the current fleet. 
SEC. 8090. Notwithstanding any other provision of 
law or regulation, the Secretary of Defense may adjust 
wage rates for civilian employees hired for certain health 
care occupations as authorized for the Secretary of Vet-
erans Affairs by section 7455 of title 38, United States 
Code. 
SEC. 8091. Up to $15,000,000 of the funds appro-
priated under the heading, ‘‘Operation and Maintenance, 
Navy’’ may be made available for the Asia Pacific Re-
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gional Initiative Program for the purpose of enabling the 
Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment 
of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds 
made available for this purpose may be used, notwith-
standing any other funding authorities for humanitarian 
assistance, security assistance or combined exercise ex-
penses: Provided further, That funds may not be obligated 
to provide assistance to any foreign country that is other-
wise prohibited from receiving such type of assistance 
under any other provision of law. 
SEC. 8092. None of the funds appropriated by this 
Act for programs of the Office of the Director of National 
Intelligence shall remain available for obligation beyond 
the current fiscal year, except for funds appropriated for 
research and technology, which shall remain available until 
September 30, 2011. 
SEC. 8093. For purposes of section 1553(b) of title 
31, United States Code, any subdivision of appropriations 
made in this Act under the heading ‘‘Shipbuilding and 
Conversion, Navy’’ shall be considered to be for the same 
purpose as any subdivision under the heading ‘‘Ship-
building and Conversion, Navy’’ appropriations in any 
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prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8094. Notwithstanding any other provision of 
law, that not more than 35 percent of funds provided in 
this Act for environmental remediation may be obligated 
under indefinite delivery/indefinite quantity contracts with 
a total contract value of $130,000,000 or higher. 
SEC. 8095. The Secretary of Defense shall create a 
major force program category for space for the Future 
Years Defense Program of the Department of Defense. 
The Secretary of Defense shall designate an official in the 
Office of the Secretary of Defense to provide overall super-
vision of the preparation and justification of program rec-
ommendations and budget proposals to be included in such 
major force program category. 
SEC. 8096. The Director of National Intelligence 
shall include the budget exhibits identified in paragraphs 
(1) and (2) as described in the Department of Defense 
Financial Management Regulation with the congressional 
budget justification books. 
(1) For procurement programs requesting more 
than $20,000,000 in any fiscal year, the P–1, Pro-
curement Program; P–5, Cost Analysis; P–5a, Pro-
curement History and Planning; P–21, Production 
Schedule; and P–40 Budget Item Justification. 
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(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. 8097. Notwithstanding any other provision of 
law, none of the funds made available in this Act may be 
used to pay negotiated indirect cost rates on a contract, 
grant, or cooperative agreement (or similar arrangement) 
entered into by the Department of Defense and an entity 
in excess of 35 percent of the total cost of the contract, 
grant, or agreement (or similar arrangement): Provided, 
That this limitation shall apply only to funds made avail-
able in this Act for basic research. 
SEC. 8098. The Secretary of Defense shall maintain 
on the homepage of the Internet website of the Depart-
ment of Defense a direct link to the Internet website of 
the Office of Inspector General of the Department of De-
fense. 
SEC. 8099. (a) Not later than 60 days after enact-
ment of this Act, the Office of the Director of National 
Intelligence shall submit a report to the congressional in-
telligence committees to establish the baseline for applica-
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tion of reprogramming 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 re-
quest, 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 appro-
priation 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 
certifies in writing to the congressional intelligence com-
mittees that such reprogramming or transfer is necessary 
as an emergency requirement. 
SEC. 8100. The Director of National Intelligence 
shall submit to Congress each year, at or about the time 
that the President’s budget is submitted to Congress that 
year under section 1105(a) of title 31, United States 
Code, a future-years intelligence program (including asso-
ciated annexes) reflecting the estimated expenditures and 
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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. 8101. For the purposes of this Act, the term 
‘‘congressional intelligence committees’’ means the Perma-
nent Select Committee on Intelligence of the House of 
Representatives, the Select Committee on Intelligence of 
the Senate, the Subcommittee on Defense of the Com-
mittee on Appropriations of the House of Representatives, 
and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate. 
SEC. 8102. The Department of Defense shall con-
tinue to report incremental contingency operations costs 
for Operation Iraqi Freedom and Operation Enduring 
Freedom on a monthly basis in the Cost of War Execution 
Report as prescribed in the Department of Defense Finan-
cial Management Regulation Department of Defense In-
struction 7000.14, Volume 12, Chapter 23 ‘‘Contingency 
Operations’’, Annex 1, dated September 2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8103. (a) CONTINUATION OF STOP-LOSS SPE-
CIAL PAY.—In addition to the amounts appropriated or 
otherwise 
made 
available 
elsewhere 
in 
this 
Act, 
$8,300,000 is hereby appropriated to the Secretary of De-
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fense to carry out this section. Such amount shall be made 
available to the Secretaries of the military departments 
only to provide special pay during fiscal year 2010 to 
members of the Army, Navy, Air Force, and Marine 
Corps, including members of their reserve components, 
who, at any time during fiscal year 2010, serve on active 
duty while the members’ enlistment or period of obligated 
service is extended, or whose eligibility for retirement is 
suspended, pursuant to section 123 or 12305 of title 10, 
United States Code, or any other provision of law (com-
monly referred to as a ‘‘stop-loss authority’’) authorizing 
the President to extend an enlistment or period of obli-
gated service, or suspend an eligibility for retirement, of 
a member of the uniformed services in time of war or of 
national emergency declared by Congress or the President. 
(b) SPECIAL PAY AMOUNT.—The amount of the spe-
cial pay paid under subsection (a) to or on behalf of an 
eligible member shall be $500 per month for each month 
or portion of a month during fiscal year 2010 that the 
member is retained on active duty as a result of applica-
tion of the stop-loss authority. 
(c) TREATMENT OF DECEASED MEMBERS.—If an eli-
gible member described in subsection (a) dies before the 
payment required by this section is made, the Secretary 
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concerned shall make the payment in accordance with sec-
tion 2771 of title 10, United States Code. 
(d) CLARIFICATION
OF RETROACTIVE STOP-LOSS 
SPECIAL PAY AUTHORITY.—Section 310 of the Supple-
mental Appropriations Act, 2009 (Public Law 111–32) is 
amended by adding at the end the following new sub-
section: 
‘‘(i) EFFECT OF SUBSEQUENT REENLISTMENT OF 
VOLUNTARY EXTENSION OF SERVICE.—Members of the 
Armed Forces, retired members, and former members oth-
erwise described in subsection (a) are not eligible for a 
payment under this section if the members— 
‘‘(1) voluntarily reenlisted or extended their 
service after their enlistment or period of obligated 
service was extended, or after their eligibility for re-
tirement was suspended, pursuant to a stop-loss au-
thority; and 
‘‘(2) received a bonus for such reenlistment or 
extension of service.’’. 
SEC. 8104. Appropriations available to the Depart-
ment of Defense for the purchase of heavy and light ar-
mored vehicles for force protection purposes may be used 
for such purchase, up to a limit of $262,000 per vehicle, 
notwithstanding other limitations applicable to the pur-
chase of passenger carrying vehicles. 
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(INCLUDING TRANSFER OF FUNDS) 
SEC. 8105. During the current fiscal year, not to ex-
ceed $10,000,000 from each of the appropriations made 
in title II 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 es-
tablished for Fisher Houses and Suites pursuant to sec-
tion 2493(d) of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8106. 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 
National Intelligence to other departments and agencies 
for purposes of Government-wide information sharing ac-
tivities: Provided, That the funds transferred under this 
provision are to be merged with, and to be available for 
the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, 
That the Office of Management and Budget must approve 
any transfers made under this provision. 
SEC. 8107. (a) None of the funds provided for the 
National Intelligence Program in this or any prior appro-
priations Act shall be available for obligation or expendi-
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ture through a reprogramming of funds in accordance 
with section 102A(d) of the National Security Act of 1947 
(50 U.S.C. 403-1(d)) unless the Committees on Appro-
priations of the House of Representatives and the Senate 
are notified 15 days in advance of the reprogramming that 
— 
(1) creates or initiates a new program, project 
or activity; 
(2) eliminates a program, project or activity; 
(3) augments funds for existing projects in ex-
cess of 10 percent or more; or, 
(4) reduces by 10 percent or more funding or 
personnel for a project; 
(b) None of the funds provided for the National intel-
ligence Program in this or any prior appropriations Act 
shall be available for obligation or expenditure through a 
reprogramming of funds in accordance with section 
102A(d) of the National Security Act of 1947 (50 U.S.C. 
403-1(d)) made after August 1, 2010, except in extraor-
dinary circumstances and after the Committees on Appro-
priations of the House of Representatives and the Senate 
are notified 30 days in advance of the reprogramming. 
SEC. 8108. None of the funds appropriated or other-
wise made available by this Act, or that remain available 
for obligation for the Department of Defense from the 
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Consolidated Security, Disaster Assistance, and Con-
tinuing Appropriations Act, 2009 (Public Law 110-329), 
the American Recovery and Reinvestment Act of 2009 
(Public Law 111-5), and the Supplemental Appropriations 
Act, 2009 (Public Law 111-32), may be used to award 
to a contractor or convert to performance by a contractor 
any functions performed by Federal employees pursuant 
to a study conducted under Office of Management and 
Budget (OMB) Circular A-76, as of the date of enactment 
of this Act. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8109. During the current fiscal year, the Sec-
retary of Defense may transfer to the appropriation ‘‘For-
eign 
Currency 
Fluctuations, 
Defense’’ 
unobligated 
amounts of funds appropriated for operation and mainte-
nance for fiscal year 2007, 2008, or 2009 and unobligated 
amounts of funds appropriated for military personnel for 
any of such fiscal years if such unobligated amounts are 
not necessary for the liquidation of obligations or for the 
making of authorized adjustments to such appropriations 
for obligations incurred during the period of availability 
of such appropriations: Provided, That the amount in the 
appropriation ‘‘Foreign Currency Fluctuations, Defense’’ 
may not exceed the amount specified in subsection 
2779(d) of title 10, United States Code, as a result of 
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the transfer: Provided further, That the transfer authority 
provided by this section is in addition to any other transfer 
authority contained in this Act. 
SEC. 8110. The amounts appropriated in Title II of 
this Act are hereby reduced by $289,570,000 to reflect 
excess cash balances in Department of Defense Working 
Capital Funds. 
SEC. 8111. (a)(1) No National Intelligence Program 
funds appropriated in this Act may be used for a mission 
critical or mission essential business management infor-
mation technology system that is not registered with the 
Director of National Intelligence. A system shall be con-
sidered to be registered with that officer upon the fur-
nishing notice of the system, together with such informa-
tion concerning the system as the Director of the Business 
Transformation Office may prescribe. 
(2) During the current fiscal year no funds may be 
obligated or expended for a financial management auto-
mated information system, a mixed information system 
supporting financial and non-financial systems, or a busi-
ness system improvement of more than $1,000,000, within 
the Intelligence Community until the Director of National 
Intelligence certifies to the congressional intelligence com-
mittees that the system is being developed and managed 
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in accordance with the Business Transformation require-
ments. 
(b) The Director of the Business Transformation Of-
fice shall provide the congressional intelligence committees 
notification of approvals under paragraph (1) no later 
than 30 days after certification. Each such notification 
shall include a statement confirming that the following 
steps have been taken with respect to the system: 
(1) Business process reengineering. 
(2) An analysis of alternatives and an economic 
analysis that includes a calculation of the return on 
investment. 
(3) Assurance the system is compatible with the 
enterprise-wide business architecture. 
(4) Performance measures. 
(5) An information assurance strategy con-
sistent with the Chief Information Officer of the In-
telligence Community. 
(c) This section shall not apply to any programmatic 
or analytic systems or programmatic or analytic system 
improvements. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8112. (a) In addition to funds made available 
elsewhere in this Act, there is hereby appropriated 
$439,615,000 to remain available until transferred: Pro-
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108 
vided, That these funds are appropriated to the ‘‘Tanker 
Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 
elsewhere in this section): Provided further, That the Sec-
retary of the Air Force may transfer amounts in the Fund 
to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 
Procurement, Air Force’’, and ‘‘Research, Development, 
Test and Evaluation, Air Force’’, only for the purposes 
of proceeding with a tanker acquisition program: Provided 
further, That funds transferred shall be merged with and 
be available for the same purposes and for the same time 
period as the appropriations or fund to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of the Air Force shall, not fewer than 15 days prior to 
making transfers using funds provided in this section, no-
tify the congressional defense committees in writing of the 
details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after 
the end of each fiscal quarter to the congressional defense 
committees summarizing the details of the transfer of 
funds from this appropriation. 
(b) The Secretary of Defense is directed to award one 
or more contracts for the aerial refueling tanker replace-
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109 
ment program according to either of the following alter-
natives: 
(1) A contract to a single offeror based on a 
best value or lowest cost source selection derived 
from full and open competition, subject to the condi-
tion that non-development aircraft produced under 
such contract must be finally assembled in the 
United States. Such competition and source selection 
shall include evaluation of the life-cycle costs of each 
aircraft over a 40-year period (including costs of fuel 
consumption, military construction and other factors 
normally associated with operation and support of 
tanker aircraft) and shall include an independent 
40-year life-cycle cost estimate conducted by a feder-
ally funded research and development center; or 
(2) Contracts awarded to each of the two 
offerors that responded to Request for Proposal No. 
FA8625-07-R-6470 (as released on January 29, 
2007) subject to the condition that all non-develop-
ment aircraft produced under any such contracts 
must be finally assembled in the United States. 
(c) The Secretary of Defense shall certify in writing 
to the congressional defense committees by October 1, 
2009, which of the procurement alternatives in subsection 
(b) represents the most cost-effective and expeditious 
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tanker replacement strategy that best responds to United 
States national security requirements. The certification 
shall be accompanied by a report to the congressional de-
fense committees detailing the rationale for such certifi-
cation. 
SEC. 8113. (a) Under regulations prescribed by the 
Secretary of Defense, the Secretary concerned shall pro-
vide any member or former member of the Armed Forces 
with the benefits specified in subsection (b) if the member 
or former member would, on any day during the period 
beginning on January 19, 2007, and ending on the date 
of the implementation of the Post-Deployment/Mobiliza-
tion Respite Absence (PDMRA) program by the Secretary 
concerned, have qualified for a day of administrative ab-
sence under the Post-Deployment/Mobilization Respite 
Absence program had the program been in effect during 
such period. 
(b) BENEFITS.—The benefits authorized under this 
section are the following: 
(1) In the case of an individual who is a former 
member of the Armed Forces at the time of the pro-
vision of benefits under this section, payment of an 
amount not to exceed $200 for each day the indi-
vidual would have qualified for a day of administra-
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tive absence as described in subsection (a) during 
the period specified in that subsection. 
(2) In the case of an individual who is a mem-
ber of the Armed Forces at the time of the provision 
of benefits under this section, either one day of ad-
ministrative absence or payment of an amount not 
to exceed $200, as selected by the Secretary con-
cerned, for each day the individual would have quali-
fied for a day of administrative absence as described 
in subsection (a) during the period specified in that 
subsection. 
(c) EXCLUSION OF CERTAIN FORMER MEMBERS.— 
A former member of the Armed Forces is not eligible 
under this section for the benefits specified in subsection 
(b)(1) if the former member was discharged or released 
from the Armed Forces under other than honorable condi-
tions. 
(d) MAXIMUM NUMBER OF DAYS OF BENEFITS.— 
Not more than 40 days of benefits may be provided to 
a member or former member of the Armed Forces under 
this section. 
(e) FORM OF PAYMENT.—The paid benefits author-
ized under this section may be paid in a lump sum or in-
stallments, at the election of the Secretary concerned. 
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(f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 
The benefits provided a member or former member of the 
Armed Forces under this section are in addition to any 
other pay, absence, or leave provided by law. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘Post-Deployment/Mobilization 
Respite Absence program’’ means the program of a 
military department to provide days of administra-
tive absence not chargeable against available leave to 
certain deployed or mobilized members of the Armed 
Forces in order to assist such members in reinte-
grating into civilian life after deployment or mobili-
zation. 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(5) of title 
37, United States Code. 
(h) TERMINATION.—(1) The authority to provide 
benefits under this section shall expire on the date that 
is 1 year after the date of the enactment of this Act. 
(2) Expiration under this subsection of the au-
thority to provide benefits under this section shall 
not affect the utilization of any day of administra-
tive absence provided a member of the Armed 
Forces under subsection (b)(2), or the payment of 
any payment authorized a member or former mem-
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ber of the Armed Forces under subsection (b), be-
fore the expiration of the authority in this section. 
SEC. 8114. (a) RESETTLEMENT
SUPPORT
AND 
OTHER PUBLIC BENEFITS FOR CERTAIN IRAQI REFU-
GEES.—Section 1244(g) of the Refugee Crisis in Iraq Act 
of 2007 (subtitle C of title XII of division A of Public 
Law 110–181; 122 Stat. 398) is amended by striking ‘‘for 
a period not to exceed eight months’’ and inserting ‘‘to 
the same extent, and for the same periods of time, as such 
refugees’’. 
(b) RESETTLEMENT SUPPORT AND OTHER PUBLIC 
BENEFITS
FOR
CERTAIN
AFGHAN
ALLIES.—Section 
602(b)(8) of the Afghan Allies Protection Act of 2009 
(title VI of division F of Public Law 111–8; 123 Stat. 
809) is amended by striking ‘‘for a period not to exceed 
8 months’’ and inserting ‘‘to the same extent, and for the 
same periods of time, as such refugees’’. 
SEC. 8115. (a) With respect to the list of specific pro-
grams, projects and activities contained in the tables enti-
tled ‘‘Explanation of Project Level Adjustments’’ in the 
Report of the Committee on Appropriations of the House 
of Representatives, those which are considered congres-
sional earmarks for purposes of Rule XXI of the House 
of Representative, when awarded to a for profit entity, 
shall be awarded under full and open competition. 
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(b) For profit entities previously awarded a contract 
with the Department of Defense which remains in effect 
during fiscal year 2010, to provide such programs projects 
or activities as described in subsection (a), shall be consid-
ered to have satisfied the conditions of full and open com-
petition, provided that any such contract was awarded 
under full and open competition. 
SEC. 8116. The amounts appropriated in title II of 
this Act are hereby reduced from the specified accounts 
in the specified amounts: 
‘‘Operation and Maintenance, Navy’’, $192,000,000; 
‘‘Operation 
and 
Maintenance, 
Marine 
Corps’’, 
$28,000,000; 
‘‘Operation 
and 
Maintenance, 
Air 
Force’’, 
$188,000,000; 
‘‘Operation 
and 
Maintenance, 
Defense-Wide’’, 
$142,000,000. 
SEC. 8117. In carrying out Congressionally Directed 
Medical Research programs related to breast cancer re-
search, the Secretary of Defense shall ensure the fol-
lowing: 
(a) The selection process for choosing an individual 
to serve as a member of an integration panel shall be fair 
and representative of the interested community so that the 
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integration panel consists of a diverse representation of 
the breast cancer survivor and advocacy community; and 
(b) An individual serving as a member of an integra-
tion panel may not be an employee, serve on the board 
of, or have a financial relationship with the same organiza-
tion (including any organization related to such organiza-
tion through common board membership, financial sup-
port, or other similar relationship) as that of another indi-
vidual serving as a member of such panel. 
SEC. 8118. None of the funds appropriated or other-
wise made available by this Act, or that remain available 
for obligation for the Department of Defense from the 
Consolidated Security, Disaster Assistance, and Con-
tinuing Appropriations Act, 2009 (Public Law 110-329), 
the American Recovery and Reinvestment Act of 2009 
(Public Law 111-5), and the Supplemental Appropriations 
Act, 2009 (Public Law 111-32), may be used to eliminate 
any personnel positions from the 194th Regional Support 
Wing of the United States Air National Guard as of the 
date of enactment of this Act. 
SEC. 8119. (a) None of the funds made available in 
this or any prior Act may be used to release an individual 
who is detained, as of April 30, 2009, at Naval Station, 
Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, the District of Columbia, or any 
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116 
of the United States territories of Guam, American Samoa 
(AS), the United States Virgin Islands (USVI), the Com-
monwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI). 
(b) None of the funds made available in this or any 
prior Act may be used to transfer an individual who is 
detained, as of April 30, 2009, at the Naval Station, 
Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, the District of Columbia, or any 
of the United States territories of Guam, American Samoa 
(AS), the United States Virgin Islands (USVI), the Com-
monwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI), for the purposes of 
detaining or prosecuting such individual until 2 months 
after the plan detailed in subsection (c) is received. 
(c) The President shall submit to the Congress, in 
writing, a comprehensive plan regarding the proposed dis-
position of each individual who is detained, as of April 30, 
2009, at Naval Station, Guantanamo Bay, Cuba, who is 
not covered under subsection (d). Such plan shall include, 
at a minimum, each of the following for each such indi-
vidual: 
(1) The findings of an analysis regarding any 
risk to the national security of the United States 
that is posed by the transfer of the individual. 
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117 
(2) The costs associated with not transferring 
the individual in question. 
(3) The legal rationale and associated court de-
mands for transfer. 
(4) A certification by the President that any 
risk described in paragraph (1) has been mitigated, 
together with a full description of the plan for such 
mitigation. 
(5) A certification by the President that the 
President has submitted to the Governor and legisla-
ture of the State or territory (or, in the case of the 
District of Columbia, to the Mayor of the District of 
Columbia) to which the President intends to transfer 
the individual a certification in writing at least 30 
days prior to such transfer (together with supporting 
documentation and justification) that the individual 
does not pose a security risk to the United States. 
(d) None of the funds made available in this or any 
prior Act may be used to transfer or release an individual 
detained at Naval Station, Guantanamo Bay, Cuba, as of 
April 30, 2009, to the country of such individual’s nation-
ality or last habitual residence or to the freely associated 
States of the Federated States of Micronesia (FSM), the 
Republic of the Marshall Islands (RMI), or the Republic 
of Palau, or to any other country other than the United 
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118 
States, unless the President submits to the Congress, in 
writing, at least 30 days prior to such transfer or release, 
the following information: 
(1) The name of any individual to be trans-
ferred or released and the country to which such in-
dividual is to be transferred or released. 
(2) An assessment of any risk to the national 
security of the United States or its citizens, includ-
ing members of the Armed Services or the United 
States, that is posed by such transfer or release and 
the actions taken to mitigate such risk. 
(3) The terms of any agreement with another 
country for acceptance of such individual, including 
the amount of any financial assistance related to 
such agreement. 
TITLE IX 
OVERSEAS DEPLOYMENTS AND OTHER 
ACTIVITIES 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $10,492,723,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments and other activities pursuant to section 
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119 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $1,622,717,000: Provided, That the amount under 
this heading is designated as being for overseas deploy-
ments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent reso-
lution on the budget for fiscal year 2010. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $997,470,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,855,337,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
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(1) not to exceed $12,500,000 for the Combat-
ant Commander Initiative Fund, to be used in sup-
port of Operation Iraqi Freedom and Operation En-
during Freedom; and 
(2) not to exceed $1,540,000,000, to remain 
available until expended, for payments to reimburse 
key cooperating nations for logistical, military, and 
other support, including access provided to United 
States military operations in support of Operation 
Iraqi Freedom and Operation Enduring Freedom, 
notwithstanding any other provision of law: Pro-
vided, That such reimbursement payments may be 
made in such amounts as the Secretary of Defense, 
with the concurrence of the Secretary of State, and 
in consultation with the Director of the Office of 
Management and Budget, may determine, in his dis-
cretion, based on documentation determined by the 
Secretary of Defense to adequately account for the 
support provided, and such determination is final 
and conclusive upon the accounting officers of the 
United States, and 15 days following notification to 
the appropriate congressional committees: Provided 
further, That these funds may be used for the pur-
pose of providing specialized training and procuring 
supplies and specialized equipment and providing 
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124 
such supplies and loaning such equipment on a non- 
reimbursable basis to coalition forces supporting 
United States military operations in Iraq and Af-
ghanistan, and 15 days following notification to the 
appropriate congressional committees: Provided fur-
ther, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense com-
mittees on the use of funds provided in this para-
graph: Provided further, That the amount under this 
heading is designated as being for overseas deploy-
ments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 
2010. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $163,461,000: Provided, That 
the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to sec-
tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $54,447,000: Provided, That the 
amount under this heading is designated as being for over-
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seas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $69,333,000: Provided, 
That the amount under this heading is designated as 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $100,740,000: Provided, 
That the amount under this heading is designated as 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $257,317,000: Provided, 
That the amount under this heading is designated as 
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being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $231,889,000: Provided, 
That the amount under this heading is designated as 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for expenses directly relat-
ing to overseas contingency operations by United States 
military forces, $14,636,901,000, to remain available for 
obligation until expended: Provided, That of the funds 
made available under this heading, the Secretary of De-
fense may transfer these funds only to military personnel 
accounts, operation and maintenance accounts, the de-
fense health program appropriation, and working capital 
funds accounts: Provided further, That the funds trans-
ferred shall be merged with and shall be available for the 
same purposes and for the same time period, as the appro-
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priation to which transferred: Provided further, That upon 
a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back 
to this appropriation: Provided further, That the Secretary 
shall notify the congressional defense committees 15 days 
prior to such transfer: Provided further, That the transfer 
authority provided under this heading is in addition to any 
other transfer authority available to the Department of 
Defense: Provided further, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$7,462,769,000, to remain available until September 30, 
2011: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command-Afghanistan, or the 
Secretary’s designee, to provide assistance, with the con-
currence of the Secretary of State, to the security forces 
of Afghanistan, including the provision of equipment, sup-
plies, services, training, facility and infrastructure repair, 
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renovation, and construction, and funding: Provided fur-
ther, That the authority to provide assistance under this 
heading is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That con-
tributions of funds for the purposes provided herein from 
any person, foreign government, or international organiza-
tion may be credited to this Fund and used for such pur-
poses: Provided further, That the Secretary of Defense 
shall notify the congressional defense committees in writ-
ing upon the receipt and upon the obligation of any con-
tribution, delineating the sources and amounts of the 
funds received and the specific use of such contributions: 
Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to obligating from this appro-
priation account, notify the congressional defense commit-
tees in writing of the details of any such obligation: Pro-
vided further, That the amount under this heading is des-
ignated as being for overseas deployments and other ac-
tivities pursuant to section 423(a)(1) of S. Con. Res. 13 
(111th Congress), the concurrent resolution on the budget 
for fiscal year 2010. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $1,636,229,000, to remain available until Sep-
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129 
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $469,470,000, to remain available until Sep-
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons 
and 
Tracked 
Combat 
Vehicles, 
Army’’, 
$1,219,466,000, to remain available until September 30, 
2012: Provided, That the amount under this heading is 
designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010. 
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130 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $370,635,000, to remain available until 
September 30, 2012: Provided, That the amount under 
this heading is designated as being for overseas deploy-
ments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent reso-
lution on the budget for fiscal year 2010. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $5,635,306,000, to remain available until Sep-
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $889,097,000, to remain available until September 
30, 2012: Provided, That the amount under this heading 
is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010. 
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134 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of items of equipment as designated 
by the Chief of the National Guard Bureau and the Chiefs 
of the reserve components of the Armed Forces, 
$500,000,000, to remain available for obligation until Sep-
tember 30, 2012, of which $300,000,000 shall be available 
only for the Army National Guard: Provided, That the 
Chiefs of National Guard and Reserve components shall, 
not later than 30 days after the enactment of this Act, 
individually submit to the congressional defense commit-
tees the modernization priority assessment for their re-
spective National Guard or Reserve component: Provided 
further, That the amount under this heading is designated 
as being for overseas deployments and other activities pur-
suant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
RAPID ACQUISITION FUND 
(INCLUDING TRANSFER OF FUNDS) 
There is hereby established in the Treasury of the 
United States the Rapid Acquisition Fund. For the Rapid 
Acquisition Fund, $40,000,000, to remain available until 
September 30, 2012: Provided, That such funds shall be 
available to the Secretary of Defense, with the advice of 
the Chairman of the Joint Chiefs of Staff, for the purpose 
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135 
of providing for Joint Urgent Operational Needs: Provided 
further, That the Secretary of Defense may transfer such 
funds to appropriations for operation and maintenance; 
procurement; and research, development, test and evalua-
tion: Provided further, That funds so transferred shall be 
merged with and shall be available for the same purposes 
and the same time period as that account to which trans-
ferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation 
are not necessary for the purposes provided herein, such 
funds may be transferred back to this appropriation: Pro-
vided further, That the transfer authority provided herein 
is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That the 
amount under this heading is designated as being for over-
seas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the Mine Resistant Ambush Protected Vehicle 
Fund, $3,606,000,000, to remain available until Sep-
tember 30, 2011: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, to procure, sustain, transport, and 
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136 
field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only 
to appropriations for operation and maintenance; procure-
ment; research, development, test and evaluation; and de-
fense working capital funds to accomplish the purpose pro-
vided herein: Provided further, That this transfer author-
ity is in addition to any other transfer authority available 
to the Department of Defense: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such funds may be transferred 
back to this appropriation: Provided further, That the Sec-
retary shall, not fewer than 10 days prior to making trans-
fers from this appropriation, notify the congressional de-
fense committees in writing of the details of any such 
transfer: Provided further, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
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137 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $57,962,000, to re-
main available until September 30, 2011: Provided, That 
the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to sec-
tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $38,280,000, to re-
main available until September 30, 2011: Provided, That 
the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to sec-
tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $29,286,000, to 
remain available until September 30, 2011: Provided, 
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138 
That the amount under this heading is designated as 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 
Test 
and 
Evaluation, 
Defense-Wide’’, 
$115,826,000, to remain available until September 30, 
2011: Provided, That the amount under this heading is 
designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital Funds’’, $412,215,000: Provided, That the 
amount under this heading is designated as being for over-
seas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
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139 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $1,155,235,000, which shall be for operation and 
maintenance: Provided, That the amount under this head-
ing is designated as being for overseas deployments and 
other activities pursuant to section 423(a)(1) of S. Con. 
Res. 13 (111th Congress), the concurrent resolution on 
the budget for fiscal year 2010. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities’’, $317,603,000, to remain avail-
able until September 30, 2011: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Joint Improvised Ex-
plosive Device Defeat Fund’’, $1,490,000,000, of which 
$730,000,000 shall be for Attack the Network, to remain 
available until September 30, 2011; $600,000,000 shall be 
for Defeat the Device, to remain available until September 
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30 2012; and $160,000,000 shall be for Train the Force, 
to remain available until September 30, 2010: Provided, 
That the amount under this heading is designated as 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $8,876,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
GENERAL PROVISIONS - THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2010. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Of-
fice of Management and Budget, transfer up to 
$3,000,000,000 between the appropriations or funds made 
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141 
available to the Department of Defense in this title, with 
the exception of the ‘‘Overseas Contingency Operations 
Transfer Fund’’: Provided, That the Secretary shall notify 
the Congress promptly of each transfer made pursuant to 
the authority in this section: Provided further, That the 
authority provided in this section is in addition to any 
other transfer authority available to the Department of 
Defense and is subject to the same terms and conditions 
as the authority provided in the Department of Defense 
Appropriations Act, 2010: Provided further, That the 
amount in this section is designated as being for overseas 
deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
SEC. 9003. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance or the 
‘‘Afghanistan Security Forces Fund’’ provided in this Act 
and executed in direct support of overseas contingency op-
erations in Afghanistan or Iraq, may be obligated at the 
time a construction contract is awarded: Provided, That 
for the purpose of this section, supervision and adminis-
tration costs include all in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase motor vehicles for 
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use by military and civilian employees of the Department 
of Defense in Iraq and Afghanistan, up to a limit of 
$75,000 per vehicle, notwithstanding other limitations ap-
plicable to passenger carrying motor vehicles. 
SEC. 9005. Not to exceed $1,300,000,000 of the 
amount appropriated in this title under the heading ‘‘Op-
eration and Maintenance, Army’’ may be used, notwith-
standing any other provision of law, to fund the Com-
mander’s Emergency Response Program, for the purpose 
of enabling military commanders in Iraq and Afghanistan 
to respond to urgent humanitarian relief and reconstruc-
tion requirements within their areas of responsibility: Pro-
vided, That not later than 15 days after the end of each 
fiscal year quarter, the Secretary of Defense shall submit 
to the congressional defense committees a report regard-
ing the source of funds and the allocation and use of funds 
during that quarter that were made available pursuant to 
the authority provided in this section or under any other 
provision of law for the purposes described herein: Pro-
vided further, That, of the funds provided, $500,000,000 
shall not be available until 5 days after the Secretary of 
Defense has completed a thorough review of the Com-
mander’s Emergency Response Program and provided a 
report on his findings to the congressional defense com-
mittees. 
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SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
and other logistical support to coalition forces supporting 
military and stability operations in Iraq and Afghanistan: 
Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees 
regarding support provided under this section. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9007. During fiscal year 2010 and from funds 
in the ‘‘Defense Cooperation Account’’, as established by 
10 U.S.C. 2608, the Secretary of Defense may transfer 
not to exceed $6,500,000 to such appropriations or funds 
of the Department of Defense as the Secretary shall deter-
mine for use consistent with the purposes for which such 
funds were contributed and accepted: Provided, That such 
amounts shall be available for the same time period as 
the appropriation to which transferred: Provided further, 
That the Secretary shall report to the Congress all trans-
fers made pursuant to this authority: Provided further, 
That the amount in this section is designated as being 
for overseas deployments and other activities pursuant to 
section 423(a)(1) of S. Con. Res. 13 (111th Congress), 
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144 
the concurrent resolution on the budget for fiscal year 
2010. 
SEC. 9008. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for 
a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Af-
ghanistan. 
SEC. 9009. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(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 
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