H. R. 2638—37 
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $291,296,000, to remain 
available until transferred: Provided, That the Secretary of the 
Army shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris at sites formerly 
used by the Department of Defense, transfer the funds made avail-
able by this appropriation to other appropriations made available 
to the Department of the Army, 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 
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 transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, Disaster, 
and Civic Aid programs of the Department of Defense (consisting 
of the programs provided under sections 401, 402, 404, 407, 2557, 
and 2561 of title 10, United States Code), $83,273,000, to remain 
available until September 30, 2010. 
COOPERATIVE THREAT REDUCTION ACCOUNT 
For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for facili-
tating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons compo-
nents, and weapon-related technology and expertise; for programs 
relating to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons, weapons 
components and weapons technology and expertise, and for defense 
and military contacts, $434,135,000, to remain available until Sep-
tember 30, 2011: Provided, That of the amounts provided under 
this heading, $12,000,000 shall be available only to support the 
dismantling and disposal of nuclear submarines, submarine reactor 
components, and security enhancements for transport and storage 
of nuclear warheads in the Russian Far East. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing
H. R. 2638—38 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $4,900,835,000, to 
remain available for obligation until September 30, 2011. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $2,185,060,000, to 
remain available for obligation until September 30, 2011. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $3,169,128,000, to 
remain available for obligation until September 30, 2011. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $2,287,398,000, to 
remain available for obligation until September 30, 2011. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat
H. R. 2638—39 
vehicles; the purchase of passenger motor vehicles for replacement 
only; and the purchase of 3 vehicles required for physical security 
of personnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $262,000 per vehicle; communica-
tions and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $10,684,014,000, 
to remain available for obligation until September 30, 2011. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; expansion 
of public and private plants, including the land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
$14,141,318,000, to remain available for obligation until September 
30, 2011. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
$3,292,972,000, to remain available for obligation until September 
30, 2011. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $1,085,158,000, to 
remain available for obligation until September 30, 2011.
H. R. 2638—40 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long leadtime components and designs for 
vessels to be constructed or converted in the future; and expansion 
of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, as follows: 
Carrier Replacement Program, $2,692,607,000; 
Carrier Replacement Program (AP), $1,214,188,000; 
NSSN, $2,107,040,000; 
NSSN (AP), $1,395,548,000; 
CVN Refueling, $593,534,000; 
CVN Refuelings (AP), $21,389,000; 
SSBN Submarine Refuelings, $221,823,000; 
SSBN Submarine Refuelings (AP), $39,363,000; 
DDG–1000 Program, $1,508,803,000; 
DDG–51 Destroyer (AP), $200,000,000; 
Littoral Combat Ship, $1,020,000,000; 
LPD–17, $933,216,000; 
LHA–R (AP), $178,300,000; 
Intratheater Connector, $174,782,000; 
LCAC Service Life Extension Program, $110,918,000; 
Prior year shipbuilding costs, $165,152,000; 
Service Craft, $48,117,000; and 
For outfitting, post delivery, conversions, and first destina-
tion transportation, $429,587,000. 
In all: $13,054,367,000, to remain available for obligation until 
September 30, 2013: Provided, That additional obligations may 
be incurred after September 30, 2013, for engineering services, 
tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction: Provided further, 
That none of the funds provided under this heading for the construc-
tion or conversion of any naval vessel to be constructed in shipyards 
in the United States shall be expended in foreign facilities for 
the construction of major components of such vessel: Provided fur-
ther, That none of the funds provided under this heading shall 
be used for the construction of any naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized 
for conversion); the purchase of passenger motor vehicles for 
replacement only, and the purchase of seven vehicles required for 
physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $262,000 per 
vehicle; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval 
of title; and procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway,
H. R. 2638—41 
$5,250,627,000, to remain available for obligation until September 
30, 2011. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare 
parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment 
layaway; vehicles for the Marine Corps, including the purchase 
of passenger motor vehicles for replacement only; and expansion 
of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, 
$1,376,917,000, to remain available for obligation until September 
30, 2011. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling equipment, and training devices, spare parts, and accessories 
therefor; specialized equipment; expansion of public and private 
plants, Government-owned equipment and installation thereof in 
such plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to approval 
of title; reserve plant and Government and contractor-owned equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $13,112,617,000, 
to remain available for obligation until September 30, 2011. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts 
and accessories therefor, ground handling equipment, and training 
devices; expansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $5,442,428,000, to remain available for 
obligation until September 30, 2011. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and
H. R. 2638—42 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $859,466,000, to 
remain available for obligation until September 30, 2011. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and 
spare parts therefor, not otherwise provided for; the purchase of 
passenger motor vehicles for replacement only, and the purchase 
of two vehicles required for physical security of personnel, notwith-
standing price limitations applicable to passenger vehicles but not 
to exceed $262,000 per vehicle; lease of passenger motor vehicles; 
and expansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon, prior to approval of title; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
$16,052,569,000, to remain available for obligation until September 
30, 2011. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; 
the purchase of passenger motor vehicles for replacement only; 
expansion of public and private plants, equipment, and installation 
thereof in such plants, erection of structures, and acquisition of 
land for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and contractor- 
owned equipment layaway, $3,306,269,000, to remain available for 
obligation until September 30, 2011. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons, and other procurement for the reserve 
components of the Armed Forces, $750,000,000, to remain available 
for obligation until September 30, 2011, of which $480,000,000 
shall be available only for the Army National Guard: Provided, 
That the Chiefs of the Reserve and National Guard components 
shall, not later than 30 days after the enactment of this Act, 
individually submit to the congressional defense committees the 
modernization priority assessment for their respective Reserve or 
National Guard component. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of 
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $100,565,000, 
to remain available until expended.
H. R. 2638—43 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$12,060,111,000, to remain available for obligation until September 
30, 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$19,764,276,000, to remain available for obligation until September 
30, 2010: Provided, That funds appropriated in this paragraph 
which are available for the V–22 may be used to meet unique 
operational requirements of the Special Operations Forces: Provided 
further, That funds appropriated in this paragraph shall be avail-
able for the Cobra Judy program. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$27,084,340,000, to remain available for obligation until September 
30, 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic 
and applied scientific research, development, test and evaluation; 
advanced research projects as may be designated and determined 
by the Secretary of Defense, pursuant to law; maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$21,423,338,000, to remain available for obligation until September 
30, 2010: Provided, That of the amount available under this heading 
for the Prompt Global Strike Capability Development program, 
not less than one-fourth shall be available for the Army Advanced 
Hypersonic Weapon initiative. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in 
connection therewith, $188,772,000, to remain available for obliga-
tion until September 30, 2010.
H. R. 2638—44 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For the Defense Working Capital Funds, $1,489,234,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, 
as established by section 11 of the Merchant Ship Sales Act of 
1946 (50 U.S.C. App. 1744), and for the necessary expenses to 
maintain and preserve a U.S.-flag merchant fleet to serve the 
national security needs of the United States, $1,666,572,000, to 
remain available until expended: Provided, That none of the funds 
provided in this paragraph shall be used to award a new contract 
that provides for the acquisition of any of the following major 
components unless such components are manufactured in the 
United States: auxiliary equipment, including pumps, for all ship-
board services; propulsion system components (that is; engines, 
reduction gears, and propellers); shipboard cranes; and spreaders 
for shipboard cranes: Provided further, That the exercise of an 
option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of 
a new contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restric-
tions in the first proviso on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of Rep-
resentatives 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. 
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by 
law, $25,825,832,000, of which $1,300,000,000 shall be derived by 
transfer from the National Defense Stockpile Transaction Fund; 
of which $24,611,369,000 shall be for operation and maintenance, 
of which not to exceed one percent shall remain available until 
September 30, 2010, and of which up to $13,217,751,000 may be 
available for contracts entered into under the TRICARE program; 
of which $311,905,000, to remain available for obligation until Sep-
tember 30, 2011, shall be for procurement; and of which 
$902,558,000, to remain available for obligation until September 
30, 2010, shall be for research, development, test and evaluation: 
Provided, That, notwithstanding any other provision of law, of 
the amount made available under this heading for research, 
development, test and evaluation, not less than $8,000,000 shall
H. R. 2638—45 
be available for HIV prevention educational activities undertaken 
in connection with U.S. military training, exercises, and humani-
tarian assistance activities conducted primarily in African nations. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions, to include construction of facilities, in accordance 
with the provisions of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction 
of other chemical warfare materials that are not in the chemical 
weapon stockpile, $1,505,634,000, of which $1,152,668,000 shall 
be for operation and maintenance, of which no less than 
$103,198,000, shall be for the Chemical Stockpile Emergency 
Preparedness Program, consisting of $33,411,000 for activities on 
military installations and $69,787,000, to remain available until 
September 30, 2010, to assist State and local governments; 
$64,085,000 shall be for procurement, to remain available until 
September 30, 2011, of which no less than $26,428,000 shall be 
for the Chemical Stockpile Emergency Preparedness Program to 
assist State and local governments; and $288,881,000, to remain 
available until September 30, 2010, shall be for research, develop-
ment, test and evaluation, of which $283,219,000 shall only be 
for the Assembled Chemical Weapons Alternatives (ACWA) pro-
gram. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United 
States Code; for operation and maintenance; for procurement; and 
for research, development, test and evaluation, $1,096,743,000: Pro-
vided, That the funds appropriated under this heading shall be 
available for obligation for the same time period and for the same 
purpose as the appropriation 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 transfer authority provided under this 
heading is in addition to any other transfer authority contained 
elsewhere in this Act. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector Gen-
eral in carrying out the provisions of the Inspector General Act 
of 1978, as amended, $271,845,000, of which $270,445,000 shall 
be for operation and maintenance, of which not to exceed $700,000 
is available for emergencies and extraordinary expenses to be 
expended on the approval or authority of the Inspector General, 
and payments may be made on the Inspector General’s certificate 
of necessity for confidential military purposes; and of which
H. R. 2638—46 
$1,400,000, to remain available until September 30, 2011, shall 
be for procurement. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain the proper funding level 
for continuing the operation of the Central Intelligence Agency 
Retirement and Disability System, $279,200,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Intelligence Community Manage-
ment Account, $710,042,000: Provided, That of the funds appro-
priated under this heading, $44,000,000 shall be transferred to 
the Department of Justice, of which $2,000,000 shall be for 
reimbursement of Air Force personnel for the National Drug Intel-
ligence Center to support the Department of Defense’s counter- 
drug intelligence responsibilities: Provided further, That the 
National Drug Intelligence Center shall maintain the personnel 
and technical resources to provide timely support to law enforce-
ment authorities and the intelligence community by conducting 
document and computer exploitation of materials collected in Fed-
eral, State, and local law enforcement activity associated with 
counter-drug, counter-terrorism, and national security investiga-
tions and operations. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress. 
SEC. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further, That the limitations of this provision shall not
H. R. 2638—47 
apply to foreign national employees of the Department of Defense 
in the Republic of Turkey. 
SEC. 8003. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current fiscal 
year, unless expressly so provided herein. 
SEC. 8004. No more than 20 percent of the appropriations 
in this Act which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year: Provided, That this section shall not apply to obligations 
for support of active duty training of reserve components or summer 
camp training of the Reserve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, transfer 
not to exceed $4,100,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction) 
between such appropriations or funds or any subdivision thereof, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such authority to transfer may 
not be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
has been denied by the Congress: Provided further, That the Sec-
retary of Defense shall notify the Congress promptly of all transfers 
made pursuant to this authority or any other authority in this 
Act: Provided further, That no part of the funds in this Act shall 
be available to prepare or present a request to the Committees 
on Appropriations for reprogramming of funds, unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the 
item for which reprogramming is requested has been denied by 
the Congress: Provided further, That a request for multiple 
reprogrammings of funds using authority provided in this section 
must be made prior to June 30, 2009: Provided further, That trans-
fers among military personnel appropriations shall not be taken 
into account for purposes of the limitation on the amount of funds 
that may be transferred under this section: Provided further, That 
no obligation of funds may be made pursuant to section 1206 
of Public Law 109–163 (or any successor provision) unless the 
Secretary of Defense has notified the congressional defense commit-
tees prior to any such obligation. 
SEC. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments 
to budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ‘‘Explanation of Project 
Level Adjustments’’ in the explanatory statement described in sec-
tion 4 (in the matter preceding division A of this consolidated 
Act), the obligation and expenditure of amounts appropriated or 
otherwise made available in this Act for those programs, projects, 
and activities for which the amounts appropriated exceed the 
amounts requested are hereby required by law to be carried out 
in the manner provided by such tables to the same extent as 
if the tables were included in the text of this Act.
H. R. 2638—48 
(b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act: Provided, That section 
8005 shall apply when transfers of the amounts described in sub-
section (a) occur between appropriation accounts. 
SEC. 8007. (a) Not later than 60 days after enactment of this 
Act, the Department of Defense shall submit a report to the congres-
sional defense committees to establish the baseline for application 
of reprogramming and transfer authorities for fiscal year 2009: 
Provided, That the report shall include— 
(1) a table for each appropriation with a separate column 
to display the President’s budget request, adjustments made 
by Congress, adjustments due to enacted rescissions, if appro-
priate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation both 
by budget activity and program, project, and activity as detailed 
in the Budget Appendix; and 
(3) an identification of items of special congressional 
interest. 
(b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that 
such reprogramming or transfer is necessary as an emergency 
requirement. 
SEC. 8008. The Secretaries of the Air Force and the Army 
are authorized, using funds available under the headings ‘‘Operation 
and Maintenance, Air Force’’ and ‘‘Operation and Maintenance, 
Army’’, to complete facility conversions and phased repair projects 
which may include upgrades and additions to Alaskan range infra-
structure and training areas, and improved access to these ranges. 
(TRANSFER OF FUNDS) 
SEC. 8009. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds: Provided further, 
That transfers may be made between working capital funds and 
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 
the ‘‘Operation and Maintenance’’ appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, with 
the approval of the Office of Management and Budget, except that 
such transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital 
funds in this Act, no obligations may be made against a working 
capital fund to procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC. 8010. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees. 
SEC. 8011. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic
H. R. 2638—49 
order quantity procurement in excess of $20,000,000 in any one 
year of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year, 
unless the congressional defense committees have been notified 
at least 30 days in advance of the proposed contract award: Pro-
vided, That no part of any appropriation contained in this Act 
shall be available to initiate a multiyear contract for which the 
economic order quantity advance procurement is not funded at 
least to the limits of the Government’s liability: Provided further, 
That no part of any appropriation contained in this Act shall 
be available to initiate multiyear procurement contracts for any 
systems or component thereof if the value of the multiyear contract 
would exceed $500,000,000 unless specifically provided in this Act: 
Provided further, That no multiyear procurement contract can be 
terminated without 10-day prior notification to the congressional 
defense committees: Provided further, That the execution of 
multiyear authority shall require the use of a present value analysis 
to determine lowest cost compared to an annual procurement: Pro-
vided further, That none of the funds provided in this Act may 
be used for a multiyear contract executed after the date of the 
enactment of this Act unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to Congress 
a budget request for full funding of units to be procured through 
the contract and, in the case of a contract for procurement 
of aircraft, that includes, for any aircraft unit to be procured 
through the contract for which procurement funds are requested 
in that budget request for production beyond advance procure-
ment activities in the fiscal year covered by the budget, full 
funding of procurement of such unit in that fiscal year; 
(2) cancellation provisions in the contract do not include 
consideration of recurring manufacturing costs of the contractor 
associated with the production of unfunded units to be delivered 
under the contract; 
(3) the contract provides that payments to the contractor 
under the contract shall not be made in advance of incurred 
costs on funded units; and 
(4) the contract does not provide for a price adjustment 
based on a failure to award a follow-on contract. 
Funds appropriated in title III of this Act may be used for 
a multiyear procurement contract as follows: 
SSN Virginia class submarine. 
SEC. 8012. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby appro-
priated pursuant to section 401 of title 10, United States Code, 
for humanitarian and civic assistance costs under chapter 20 of 
title 10, United States Code. Such funds may also be obligated 
for humanitarian and civic assistance costs incidental to authorized 
operations and pursuant to authority granted in section 401 of 
chapter 20 of title 10, United States Code, and these obligations 
shall be reported as required by section 401(d) of title 10, United 
States Code: Provided, That funds available for operation and 
maintenance shall be available for providing humanitarian and 
similar assistance by using Civic Action Teams in the Trust Terri-
tories of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as authorized
H. R. 2638—50 
by Public Law 99–239: Provided further, That upon a determination 
by the Secretary of the Army that such action is beneficial for 
graduate medical education programs conducted at Army medical 
facilities located in Hawaii, the Secretary of the Army may authorize 
the provision of medical services at such facilities and transpor-
tation to such facilities, on a nonreimbursable basis, for civilian 
patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam. 
SEC. 8013. (a) During fiscal year 2009, the civilian personnel 
of the Department of Defense may not be managed on the basis 
of any end-strength, and the management of such personnel during 
that fiscal year shall not be subject to any constraint or limitation 
(known as an end-strength) on the number of such personnel who 
may be employed on the last day of such fiscal year. 
(b) The fiscal year 2010 budget request for the Department 
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2010 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard 
to fiscal year 2010. 
(c) Nothing in this section shall be construed to apply to military 
(civilian) technicians. 
SEC. 8014. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8015. None of the funds appropriated by this Act shall 
be available for the basic pay and allowances of any member of 
the Army participating as a full-time student and receiving benefits 
paid by the Secretary of Veterans Affairs from the Department 
of Defense Education Benefits Fund when time spent as a full- 
time student is credited toward completion of a service commitment: 
Provided, That this section shall not apply to those members who 
have reenlisted with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components of 
the Army. 
SEC. 8016. (a) None of the funds appropriated by this Act 
shall be available to convert to contractor performance an activity 
or function of the Department of Defense that, on or after the 
date of the enactment of this Act, is performed by more than 
10 Department of Defense civilian employees unless— 
(1) the conversion is based on the result of a public-private 
competition that includes a most efficient and cost effective 
organization plan developed by such activity or function; 
(2) the Competitive Sourcing Official determines that, over 
all performance periods stated in the solicitation of offers for 
performance of the activity or function, the cost of performance 
of the activity or function by a contractor would be less costly 
to the Department of Defense by an amount that equals or 
exceeds the lesser of— 
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or 
(B) $10,000,000; and