specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, Govern-
ment-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 con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and trans-
portation of things, $13,295,474,000, to remain available 
for obligation until September 30, 2012; Provided, That 
none of the funds provided in this Act for modification of 
C–17 aircraft may be obligated until all C–17 contracts 
funded with prior year ‘‘Aircraft Procurement, Air Force’’ 
appropriated funds are definitized unless the Secretary of 
the Air Force certifies in writing to the congressional de-
fense committees that each such obligation is necessary to 
meet the needs of a warfighting requirement or prevents in-
creased costs to the taxpayer and provides the reasons for 
failing to definitize the prior year contracts along with the 
prospective contract definitization schedule. 
MISSILE PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
missiles, spacecraft, rockets, and related equipment, includ-
ing spare parts and accessories therefor, ground handling 
equipment, and training devices; expansion of public and 
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition 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 in-
cluding rents and transportation of things, $5,995,544,000, 
to remain available for obligation until September 30, 
2012. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modi-
fication 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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,
$801,550,000, to remain available for obligation until Sep-
tember 30, 2012. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment, 
and ground electronic 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, notwithstanding price 
limitations applicable to passenger vehicles but not to ex-
ceed $250,000 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 structures, and acquisition of land, for the fore-
going purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon, prior to 
approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $17,138,239,000, to re-
main available for obligation until September 30, 2012. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary 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 pri-
vate 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 con-
tractor-owned equipment layaway, $4,050,537,000, to re-
main available for obligation until September 30, 2012. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant 
to sections 108, 301, 302, and 303 of the Defense Production 
Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
$150,746,000, to remain available until expended. 
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 main-
tenance, rehabilitation, lease, and operation of facilities 
and equipment, $11,474,180,000, to remain available for 
obligation until September 30, 2011.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific 
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities 
and equipment, $20,003,463,000, to remain available for 
obligation until September 30, 2011: 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 available 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 main-
tenance, rehabilitation, lease, and operation of facilities 
and equipment, $28,121,985,000, to remain available for 
obligation until September 30, 2011. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), nec-
essary for basic and applied scientific research, develop-
ment, test and evaluation; advanced research projects as 
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease, 
and operation of facilities and equipment, $20,747,081,000, 
to remain available for obligation until September 30, 
2011, of which $2,500,000 shall be available only for the 
Missile Defense Agency to construct a replacement Patriot 
launcher pad for the Japanese Ministry of Defense. 
OPERATIONAL TEST AND EVALUATION, DEFENSE 
For expenses, not otherwise provided for, necessary for 
the independent activities of the Director, Operational Test 
and Evaluation, in the direction and supervision of oper-
ational test and evaluation, including initial operational 
test and evaluation which is conducted prior to, and in sup-
port of, production decisions; joint operational testing and 
evaluation; and administrative expenses in connection 
therewith, $190,770,000, to remain available for obligation 
until September 30, 2011. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For 
the 
Defense 
Working 
Capital 
Funds, 
$1,455,004,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, projects, 
and activities, and for expenses of the National Defense Re-
serve 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, $1,672,758,000, to remain available until ex-
pended: Provided, That none of the funds provided in this 
paragraph shall be used to award a new contract that pro-
vides for the acquisition of any of the following major com-
ponents unless such components are manufactured in the 
United States: auxiliary equipment, including pumps, for 
all shipboard services; propulsion system components (en-
gines, 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 fur-
ther, That the Secretary of the military department respon-
sible for such procurement may waive the restrictions in 
the first proviso on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes.
TITLE VI 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For expenses, not otherwise provided for, for medical 
and health care programs of the Department of Defense as 
authorized 
by 
law, 
$29,243,428,000; 
of 
which 
$27,596,689,000 shall be for operation and maintenance, of 
which not to exceed one percent shall remain available until 
September 30, 2011, and of which up to $15,093,539,000 
may be available for contracts entered into under the 
TRICARE program; of which $366,692,000, to remain 
available for obligation until September 30, 2012, shall be 
for procurement; and of which $1,280,047,000, to remain 
available for obligation until September 30, 2011, 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, de-
velopment, test and evaluation, not less than $10,000,000 
shall be available for HIV prevention educational activities 
undertaken in connection with United States military 
training, exercises, and humanitarian 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 chem-
ical agents and munitions, to include construction of facili-
ties, 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 war-
fare materials that are not in the chemical weapon stock-
pile, $1,560,760,000, of which $1,146,802,000 shall be for 
operation and maintenance, of which no less than 
$84,839,000, shall be for the Chemical Stockpile Emergency 
Preparedness Program, consisting of $34,905,000 for activi-
ties on military installations and $49,934,000, to remain 
available until September 30, 2011, to assist State and local 
governments; $12,689,000 shall be for procurement, to re-
main available until September 30, 2012, of which no less 
than $12,689,000 shall be for the Chemical Stockpile Emer-
gency Preparedness Program to assist State and local gov-
ernments; and $401,269,000, to remain available until Sep-
tember 30, 2011, shall be for research, development, test and 
evaluation, of which $398,669,000 shall only be for the As-
sembled Chemical Weapons Alternatives (ACWA) program.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of 
the Department of Defense, for transfer to appropriations 
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for oper-
ation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,158,226,000: Provided, 
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 au-
thority contained elsewhere in this Act. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $121,550,000 for Staff and Infrastructure: Pro-
vided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for 
the purpose of allowing the Director of the Joint Improvised 
Explosive Device Defeat Organization to investigate, de-
velop and provide equipment, supplies, services, training, 
facilities, personnel and funds to assist United States forces 
in the defeat of improvised explosive devices: Provided fur-
ther, That within 60 days of the enactment of this Act, a 
plan for the intended management and use of the amounts 
provided under this heading shall be submitted to the con-
gressional defense committees: Provided further, That the 
Secretary of Defense shall submit a report not later than 
60 days after the end of each fiscal quarter to the congres-
sional defense committees providing assessments of the 
evolving threats, individual service requirements to counter 
the threats, the current strategy for predeployment training 
of members of the Armed Forces on improvised explosive 
devices, and details on the execution of the Fund: Provided 
further, That the Secretary of Defense may transfer funds 
provided herein to appropriations for operation and main-
tenance; procurement; research, development, test and eval-
uation; and defense working capital funds to accomplish the 
purpose provided herein: Provided further, That amounts 
transferred shall be merged with and available for the same 
purposes and time period as the appropriations to which 
transferred: Provided further, That this transfer authority
is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That the Sec-
retary of Defense shall, not fewer than 15 days prior to 
making transfers from this appropriation, notify the con-
gressional defense committees in writing of the details of 
any such transfer. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector 
General Act of 1978, as amended, $288,100,000, of which 
$287,100,000 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 $1,000,000, 
to remain available until September 30, 2012, shall be for 
procurement. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM FUND 
For payment to the Central Intelligence Agency Retire-
ment and Disability System Fund, to maintain the proper 
funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System, 
$290,900,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Community 
Management Account, $707,912,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress. 
SEC. 8002. During the current fiscal year, provisions 
of law prohibiting the payment of compensation to, or em-
ployment 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 indi-
rect 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 com-
puted 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 employ-
ees, 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 apply to foreign na-
tional employees of the Department of Defense in the Re-
public 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 appropria-
tions 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 Re-
serve Officers’ Training Corps. 
(TRANSFER OF FUNDS) 
SEC. 8005. Upon determination by the Secretary of 
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management 
and Budget, transfer not to exceed $4,000,000,000 of work-
ing capital funds of the Department of Defense or funds 
made available in this Act to the Department of Defense 
for military functions (except military construction) be-
tween 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 appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher pri-
ority 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 de-
nied by the Congress: Provided further, That the Secretary 
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 unfore-
seen military requirements, than those for which originally 
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress: 
Provided 
further, 
That 
a 
request 
for 
multiple 
reprogrammings of funds using authority provided in this 
section shall be made prior to June 30, 2010: Provided fur-
ther, That transfers among military personnel appropria-
tions 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 committees 
prior to any such obligation. 
SEC. 8006. (a) With regard to the list of specific pro-
grams, projects, and activities (and the dollar amounts and 
adjustments to budget activities corresponding to such pro-
grams, projects, and activities) contained in the tables titled 
‘‘Explanation of Project Level Adjustments’’ in the explana-
tory statement regarding this Act, the obligation and ex-
penditure of amounts appropriated or otherwise made 
available in this Act for those programs, projects, and ac-
tivities 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 ex-
tent as if the tables were included in the text of this Act. 
(b) Amounts specified in the referenced tables described 
in subsection (a) shall not be treated as subdivisions of ap-
propriations for purposes of section 8005 of this Act: Pro-
vided, That section 8005 shall apply when transfers of the 
amounts described in subsection (a) occur between appro-
priation accounts. 
SEC. 8007. (a) Not later than 60 days after enactment 
of this Act, the Department of Defense shall submit a report 
to the congressional defense committees to establish the base-
line for application of reprogramming and transfer au-
thorities for fiscal year 2010: Provided, That the report 
shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion both by budget activity and program, project, 
and activity as detailed in the Budget Appendix; and 
(3) an identification of items of special congres-
sional interest. 
(b) Notwithstanding section 8005 of this Act, none of 
the funds provided in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional defense commit-
tees, unless the Secretary of Defense certifies in writing to 
the congressional defense committees that such reprogram-
ming 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 head-
ings ‘‘Operation and Maintenance, Air Force’’ and ‘‘Oper-
ation and Maintenance, Army’’, to complete facility conver-
sions and phased repair projects which may include up-
grades and additions to Alaskan range infrastructure and 
training areas, and improved access to these ranges. 
(TRANSFER OF FUNDS) 
SEC. 8009. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense 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 be-
tween such funds: Provided further, That transfers may be 
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation 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 Sec-
retary of Defense has notified the Congress of the proposed 
transfer. Except in amounts equal to the amounts appro-
priated 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, un-
less 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 congres-
sional defense committees. 
SEC. 8011. None of the funds provided in this Act shall 
be available to initiate: (1) a multiyear contract that em-
ploys economic 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, un-
less the congressional defense committees have been notified 
at least 30 days in advance of the proposed contract award: 
Provided, 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 li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate 
multiyear procurement contracts for any systems or compo-
nent 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: Provided 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 report within 30 days of enactment of this 
Act that certifies 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 air-
craft unit to be procured through the contract for 
which procurement funds are identified in that report 
for production beyond advance procurement activities 
in the fiscal year 2010 budget, full funding of pro-
curement 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 ad-
justment based on a failure to award a follow-on con-
tract.
Funds appropriated in title III of this Act may be 
used for a multiyear procurement contract as follows: 
F–18 aircraft variants. 
SEC. 8012. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by appropriated 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 assist-
ance 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 re-
ported 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 humani-
tarian and similar assistance by using Civic Action Teams 
in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact 
of Free Association as authorized by Public Law 99–239: 
Provided further, That upon a determination by the Sec-
retary of the Army that such action is beneficial for grad-
uate medical education programs conducted at Army med-
ical facilities located in Hawaii, the Secretary of the Army 
may authorize the provision of medical services at such fa-
cilities and transportation to such facilities, on a nonreim-
bursable 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 2010, the civilian 
personnel of the Department of Defense may not be man-
aged 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 2011 budget request for the Depart-
ment of Defense as well as all justification material and 
other documentation supporting the fiscal year 2011 De-
partment 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 2011. 
(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 in-
fluence congressional action on any legislation or appro-
priation 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 Af-
fairs 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 reen-
listed 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 per-
formed by more than 10 Department of Defense civilian em-
ployees unless— 
(1) the conversion is based on the result of a pub-
lic-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 solici-
tation 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 organi-
zation’s personnel-related costs for performance 
of that activity or function by Federal employ-
ees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage 
for a proposal that would reduce costs for the Depart-
ment of Defense by— 
(A) not making an employer-sponsored 
health insurance plan available to the workers 
who are to be employed in the performance of 
that activity or function under the contract; or 
(B) offering to such workers an employer- 
sponsored health benefits plan that requires the 
employer to contribute less towards the premium 
or subscription share than the amount that is 
paid by the Department of Defense for health 
benefits for civilian employees under chapter 89 
of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to 
subsection (a) of this section or subsection (a), (b), or (c) 
of section 2461 of title 10, United States Code, and notwith-
standing any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into 
a contract for the performance of any commercial or indus-
trial type function of the Department of Defense that— 
(A) is included on the procurement list estab-
lished pursuant to section 2 of the Javits-Wagner- 
O’Day Act (41 U.S.C. 47); 
(B) is planned to be converted to performance by 
a qualified nonprofit agency for the blind or by a 
qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or 
(C) is planned to be converted to performance by 
a qualified firm under at least 51 percent ownership 
by an Indian tribe, as defined in section 4(e) of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b(e)), or a Native Hawaiian Orga-
nization, as defined in section 8(a)(15) of the Small 
Business Act (15 U.S.C. 637(a)(15)). 
(2) This section shall not apply to depot contracts or 
contracts for depot maintenance as provided in sections 
2469 and 2474 of title 10, United States Code. 
(c) The conversion of any activity or function of the 
Department of Defense under the authority provided by this 
section shall be credited toward any competitive or out-
sourcing goal, target, or measurement that may be estab-
lished by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, 
subsection (h) of section 2304 of title 10, United States 
Code, for the competition or outsourcing of commercial ac-
tivities. 
(TRANSFER OF FUNDS) 
SEC. 8017. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization Act for Fiscal Year 1991 (Public Law 101–510; 
10 U.S.C. 2302 note), as amended, under the authority of 
this provision or any other transfer authority contained in 
this Act. 
SEC. 8018. None of the funds in this Act may be avail-
able for the purchase by the Department of Defense (and 
its departments and agencies) of welded shipboard anchor 
and mooring chain 4 inches in diameter and under unless 
the anchor and mooring chain are manufactured in the 
United States from components which are substantially 
manufactured in the United States: Provided, That for the 
purpose of this section, the term ‘‘manufactured’’ shall in-
clude cutting, heat treating, quality control, testing of chain 
and welding (including the forging and shot blasting proc-
ess): Provided further, That for the purpose of this section 
substantially all of the components of anchor and mooring 
chain shall be considered to be produced or manufactured 
in the United States if the aggregate cost of the components 
produced or manufactured in the United States exceeds the 
aggregate cost of the components produced or manufactured 
outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis, the Sec-
retary of the service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying 
in writing to the Committees on Appropriations that such 
an acquisition must be made in order to acquire capability 
for national security purposes. 
SEC. 8019. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of 
M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber 
rifles, .30 caliber rifles, or M–1911 pistols, or to demili-
tarize or destroy small arms ammunition or ammunition 
components that are not otherwise prohibited from commer-
cial sale under Federal law, unless the small arms ammuni-
tion or ammunition components are certified by the Sec-
retary of the Army or designee as unserviceable or unsafe 
for further use.
SEC. 8020. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during 
a single fiscal year for any single relocation of an organiza-
tion, unit, activity or function of the Department of Defense 
into or within the National Capital Region: Provided, That 
the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congres-
sional defense committees that such a relocation is required 
in the best interest of the Government. 
SEC. 8021. In addition to the funds provided elsewhere 
in this Act, $15,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financ-
ing Act of 1974 (25 U.S.C. 1544): Provided, That a prime 
contractor or a subcontractor at any tier that makes a sub-
contract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code, or a small 
business owned and controlled by an individual or individ-
uals defined under section 4221(9) of title 25, United States 
Code, shall be considered a contractor for the purposes of 
being allowed additional compensation under section 504 
of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appro-
priated by an Act making Appropriations for the Depart-
ment of Defense with respect to any fiscal year: Provided
further, That notwithstanding section 430 of title 41, 
United States Code, this section shall be applicable to any 
Department of Defense acquisition of supplies or services, 
including any contract and any subcontract at any tier for 
acquisition of commercial items produced or manufactured, 
in whole or in part by any subcontractor or supplier de-
fined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or 
individuals defined under section 4221(9) of title 25, 
United States Code. 
SEC. 8022. Funds appropriated by this Act for the De-
fense Media Activity shall not be used for any national or 
international political or psychological activities. 
SEC. 8023. None of the funds appropriated by this Act 
shall be available to perform any cost study pursuant to 
the provisions of OMB Circular A–76 if the study being 
performed exceeds the period permitted by section 322 of 
the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84). 
SEC. 8024. During the current fiscal year, the Depart-
ment of Defense is authorized to incur obligations of not 
to exceed $350,000,000 for purposes specified in section 
2350j(c) of title 10, United States Code, in anticipation of 
receipt of contributions, only from the Government of Ku-
wait, under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be cred-
ited to the appropriations or fund which incurred such obli-
gations. 
SEC. 8025. (a) Of the funds made available in this 
Act, not less than $33,756,000 shall be available for the 
Civil Air Patrol Corporation, of which— 
(1) $26,433,000 shall be available from ‘‘Oper-
ation and Maintenance, Air Force’’ to support Civil 
Air Patrol Corporation operation and maintenance, 
readiness, counterdrug activities, and drug demand 
reduction activities involving youth programs; 
(2) $6,426,000 shall be available from ‘‘Aircraft 
Procurement, Air Force’’; and 
(3) $897,000 shall be available from ‘‘Other Pro-
curement, Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reim-
bursement for any funds used by the Civil Air Patrol for 
counter-drug activities in support of Federal, State, and 
local government agencies. 
SEC. 8026. (a) None of the funds appropriated in this 
Act are available to establish a new Department of Defense 
(department) federally funded research and development 
center (FFRDC), either as a new entity, or as a separate 
entity administrated by an organization managing another 
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities. 
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, or any similar entity of a defense FFRDC, and no 
paid consultant to any defense FFRDC, except when acting 
in a technical advisory capacity, may be compensated for 
his or her services as a member of such entity, or as a paid 
consultant by more than one FFRDC in a fiscal year: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses 
and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of member-
ship duties. 
(c) Notwithstanding any other provision of law, none 
of the funds available to the department from any source 
during fiscal year 2010 may be used by a defense FFRDC, 
through a fee or other payment mechanism, for construction 
of new buildings, for payment of cost sharing for projects 
funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to in-
clude employee participation in community service and/or 
development. 
(d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2010,
not more than 5,600 staff years of technical effort (staff 
years) may be funded for defense FFRDCs: Provided, That 
of the specific amount referred to previously in this sub-
section, not more than 1,100 staff years may be funded for 
the defense studies and analysis FFRDCs: Provided further, 
That this subsection shall not apply to staff years funded 
in the National Intelligence Program (NIP) and the Mili-
tary Intelligence Program (MIP). 
(e) The Secretary of Defense shall, with the submission 
of the department’s fiscal year 2011 budget request, submit 
a report presenting the specific amounts of staff years of 
technical effort to be allocated for each defense FFRDC dur-
ing that fiscal year and the associated budget estimates. 
(f) Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act for FFRDCs is 
hereby reduced by $125,200,000. 
SEC. 8027. None of the funds appropriated or made 
available in this Act shall be used to procure carbon, alloy 
or armor steel plate for use in any Government-owned facil-
ity or property under the control of the Department of De-
fense which were not melted and rolled in the United States 
or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, 
American Society of Testing and Materials (ASTM) or 
American Iron and Steel Institute (AISI) specifications of
carbon, alloy or armor steel plate: Provided further, That 
the Secretary of the military department responsible for the 
procurement 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: Provided further, 
That these restrictions shall not apply to contracts which 
are in being as of the date of the enactment of this Act. 
SEC. 8028. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services 
Committee of the House of Representatives, the Armed Serv-
ices Committee of the Senate, the Subcommittee on Defense 
of the Committee on Appropriations of the Senate, and the 
Subcommittee on Defense of the Committee on Appropria-
tions of the House of Representatives. 
SEC. 8029. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well 
as the production of components and other Defense-related 
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of del-
egation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and 
private bids: Provided further, That Office of Management 
and Budget Circular A–76 shall not apply to competitions 
conducted under this section. 
SEC. 8030. (a)(1) If the Secretary of Defense, after con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment 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 rescind the 
Secretary’s blanket waiver of the Buy American 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 pur-
chases 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 agree-
ment 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 Amer-
ican Act’’ means title III of the Act entitled ‘‘An Act mak-
ing appropriations for the Treasury and Post Office De-
partments for the fiscal year ending June 30, 1934, and 
for other purposes’’, approved March 3, 1933 (41 U.S.C. 
10a et seq.). 
SEC. 8031. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by section 
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 sec-
tion 2921(c)(2) of that Act. 
SEC. 8032. (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 Dakota, 
South Dakota, Montana, Oregon, and Minnesota relocatable 
military housing units located at Grand Forks Air Force 
Base, Malmstrom Air Force Base, Mountain Home Air
Force Base, Ellsworth 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 Walk-
ing Shield Program on behalf of Indian tribes located in 
the States of Nevada, Idaho, North Dakota, South Dakota, 
Montana, Oregon, and Minnesota. 
(c) The Operation Walking Shield Program shall re-
solve any conflicts among requests of Indian tribes for hous-
ing units under subsection (a) before submitting requests 
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 pub-
lished by the Secretary of the Interior under section 104 
of the Federally Recognized Indian Tribe Act of 1994 (Pub-
lic Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). 
SEC. 8033. 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. 8034. (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 pur-
chase of an investment item for the purpose of acquiring 
a new inventory item for sale or anticipated sale during 
the current fiscal year or a subsequent fiscal year to cus-
tomers 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 dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense 
for procurement. 
(b) The fiscal year 2011 budget request for the Depart-
ment of Defense as well as all justification material and 
other documentation supporting the fiscal year 2011 De-
partment of Defense budget shall be prepared and submitted 
to the Congress on the basis that any equipment which was 
classified as an end item and funded in a procurement ap-
propriation 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. 8035. None of the funds appropriated by this Act 
for programs of the Central Intelligence Agency shall re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30, 
2011: Provided, That funds appropriated, transferred, or 
otherwise credited to the Central Intelligence Agency Cen-
tral 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 Intelligence Agency for ad-
vanced research and development acquisition, for agent op-
erations, and for covert action programs authorized by the 
President under section 503 of the National Security Act 
of 1947, as amended, shall remain available until Sep-
tember 30, 2011. 
SEC. 8036. Notwithstanding any other provision of 
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and 
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands, 
and the component commands. 
SEC. 8037. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, 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. 8038. (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, complies 
with the Buy American Act. For purposes of this 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 person 
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 Amer-
ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment of Defense. 
(c) In the case of any equipment or products purchased 
with appropriations provided under this Act, it is the sense 
of the Congress that any entity of the Department of De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-made equipment and products are cost-competitive, 
quality-competitive, and available in a timely fashion. 
SEC. 8039. None of the funds appropriated by this Act 
shall be available for a contract for studies, analysis, or 
consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform the 
proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant scientific 
or technological promise, represents the product of 
original thinking, and was submitted in confidence 
by one source; or 
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new 
product or idea of a specific concern is given finan-
cial support: Provided, That this limitation shall not 
apply to contracts in an amount of less than $25,000, 
contracts related to improvements of equipment that 
is in development or production, or contracts as to
which a civilian official of the Department of Defense, 
who has been confirmed by the Senate, determines 
that the award of such contract is in the interest of 
the national defense. 
SEC. 8040. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver 
will reduce the personnel requirements or the financial re-
quirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; or 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats. 
SEC. 8041. The Secretary of Defense, notwithstanding 
any other provision of law, acting through the Office of Eco-
nomic Adjustment of the Department of Defense, may use 
funds made available in this Act under the heading ‘‘Oper-
ation and Maintenance, Defense-Wide’’ to make grants and 
supplement other Federal funds in accordance with the 
guidance provided in the explanatory statement regarding 
this Act. 
(RESCISSIONS) 
SEC. 8042. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: 
‘‘Research, Development, Test and Evaluation, 
Navy, 2009/2010’’, $20,000,000; 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2009/2010’’, $98,430,000; 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2009/2010’’, $154,457,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2009/2011’’, $41,087,000; 
‘‘Other 
Procurement, 
Army, 
2009/2011’’, 
$138,239,000;
‘‘Other 
Procurement, 
Navy, 
2009/2011’’, 
$84,844,000; 
‘‘Aircraft Procurement, Air Force, 2009/2011’’, 
$628,900,000; 
‘‘Missile Procurement, Air Force, 2009/2011’’, 
$60,000,000; 
‘‘Other Procurement, Air Force, 2009/2011’’, 
$10,900,000; 
‘‘Procurement, 
Defense-Wide, 
2009/2011’’, 
$5,200,000; and 
‘‘Procurement, 
Defense-Wide, 
2008/2010’’, 
$2,000,000. 
SEC. 8043. None of the funds available in this Act may 
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a 
reduction in military force structure. 
SEC. 8044. 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. 8045. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel and 
training procedures. 
SEC. 8046. During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the 
civilian medical and medical support personnel assigned to 
military treatment facilities below the September 30, 2003, 
level: Provided, That the Service Surgeons General may 
waive this section by certifying to the congressional defense 
committees that the beneficiary population is declining in 
some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and 
capitation-based budgeting.
SEC. 8047. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8048. None of the funds appropriated by this Act 
may be used for the procurement of ball and roller bearings 
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive 
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes: Provided further, That this restriction 
shall not apply to the purchase of ‘‘commercial items’’, as 
defined by section 4(12) of the Office of Federal Procure-
ment Policy Act, except that the restriction shall apply to 
ball or roller bearings purchased as end items. 
SEC. 8049. None of the funds in this Act may be used 
to purchase any supercomputer which is not manufactured 
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for 
national security purposes that is not available from 
United States manufacturers. 
SEC. 8050. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative respon-
sibilities or budgetary resources of any program, project, 
or activity financed by this Act to the jurisdiction of an-
other Federal agency not financed by this Act without the 
express authorization of Congress: Provided, That this limi-
tation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of 
Acts providing supplemental appropriations for the De-
partment of Defense. 
SEC. 8051. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or ex-
pended to transfer to another nation or an international
organization any defense articles or services (other than in-
telligence services) for use in the activities described in sub-
section (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the Senate 
are notified 15 days in advance of such transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI 
or chapter VII of the United Nations Charter under 
the authority of a United Nations Security Council 
resolution; and 
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the fol-
lowing— 
(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory re-
quirements of all elements of the Armed Forces 
(including the reserve components) for the type
of equipment or supplies to be transferred have 
been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to provide 
funds for such replacement. 
SEC. 8052. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the 
contractor to an employee when— 
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the 
employee; and 
(2) such bonus is part of restructuring costs asso-
ciated with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8053. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’ 
may be transferred to appropriations available for the pay 
of military personnel, to be merged with, and to be available 
for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations
and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code. 
SEC. 8054. 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 nega-
tive unliquidated or unexpended balance, an obligation or 
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired 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 obliga-
tion is not chargeable to a current appropriation of 
the Department of Defense under the provisions of sec-
tion 1405(b)(8) of the National Defense Authorization 
Act for Fiscal Year 1991, Public Law 101–510, as 
amended (31 U.S.C. 1551 note): Provided, That in 
the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a 
negative unliquidated or unexpended balance in the 
account, any charge to a current account under the 
authority of this section shall be reversed and re-
corded against the expired account: Provided further, 
That the total amount charged to a current appro-
priation under this section may not exceed an 
amount equal to 1 percent of the total appropriation 
for that account. 
SEC. 8055. (a) IN GENERAL.—Service as a member 
of the Alaska Territorial Guard during World War II of 
any individual who was honorably discharged therefrom 
under section 8147 of the Department of Defense Appro-
priations Act, 2001 (Public Law 106–259; 114 Stat. 705) 
shall be treated as active service for purposes of the com-
putation under chapter 61, 71, 371, 571, 871, or 1223 of 
title 10, United States Code, as applicable, of the retired 
pay to which such individual may be entitled under title 
10, United States Code. 
(b) APPLICABILITY.—Subsection (a) shall apply with 
respect to amounts of retired pay payable under title 10, 
United States Code, for months beginning on or after the 
date of the enactment of this Act. No retired pay shall be 
paid to any individual by reason of subsection (a) for any 
period before that date.
(c) WORLD WAR II DEFINED.—In this section, the 
term ‘‘World War II’’ has the meaning given that term in 
section 101(8) of title 38, United States Code. 
SEC. 8056. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation. 
SEC. 8057. Using funds available by this Act or any 
other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States 
Code, may implement cost-effective agreements for required 
heating facility modernization in the Kaiserslautern Mili-
tary Community in the Federal Republic of Germany: Pro-
vided, That in the City of Kaiserslautern such agreements 
will include the use of United States anthracite as the base 
load energy for municipal district heat to the United States
Defense installations: Provided further, That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, 
furnished heat may be obtained from private, regional or 
municipal services, if provisions are included for the con-
sideration of United States coal as an energy source. 
SEC. 8058. None of the funds appropriated in title IV 
of this Act may be used to procure end-items for delivery 
to military forces for operational training, operational use 
or inventory requirements: Provided, That this restriction 
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National 
Intelligence Program: Provided further, That the Secretary 
of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate that 
it is in the national security interest to do so. 
SEC. 8059. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government: 
Provided, That the Department of Defense may conduct or 
participate in studies, research, design and other activities 
to define and develop a future export version of the F–22A