† HR 3326 EAS 
(3) Sections 1002 and 1003 of the Department of 
Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pan-
demic Influenza Act, 2006 (Public Law 109–148). 
SEC. 8096. (a) Not later than 60 days after enactment 
of this Act, the Office of the Director of National Intelligence 
shall submit a report to the congressional intelligence com-
mittees to establish the baseline for application of re-
programming and transfer authorities for fiscal year 2010: 
Provided, That the report shall include— 
(1) a table for each appropriation with a sepa-
rate column to display the President’s budget request, 
adjustments made by Congress, adjustments due to 
enacted rescissions, if appropriate, and the fiscal year 
enacted level; 
(2) a delineation in the table for each appropria-
tion by Expenditure Center and project; and 
(3) an identification of items of special congres-
sional interest. 
(b) None of the funds provided for the National Intel-
ligence Program in this Act shall be available for re-
programming or transfer until the report identified in sub-
section (a) is submitted to the congressional intelligence 
committees, unless the Director of National Intelligence cer-
tifies in writing to the congressional intelligence committees
† HR 3326 EAS 
that such reprogramming or transfer is necessary as an 
emergency requirement. 
SEC. 8097. The Director of National Intelligence shall 
submit to Congress each year, at or about the time that 
the President’s budget is submitted to Congress that year 
under section 1105(a) of title 31, United States Code, a fu-
ture-years intelligence program (including associated an-
nexes) reflecting the estimated expenditures and proposed 
appropriations included in that budget. Any such future- 
years intelligence program shall cover the fiscal year with 
respect to which the budget is submitted and at least the 
four succeeding fiscal years. 
SEC. 8098. For the purposes of this Act, the term ‘‘con-
gressional intelligence committees’’ means the Permanent 
Select Committee on Intelligence of the House of Represent-
atives, the Select Committee on Intelligence of the Senate, 
the Subcommittee on Defense of the Committee on Appro-
priations of the House of Representatives, and the Sub-
committee on Defense of the Committee on Appropriations 
of the Senate. 
SEC. 8099. The Department of Defense shall continue 
to report incremental contingency operations costs for Oper-
ation Iraqi Freedom and Operation Enduring Freedom on 
a monthly basis in the Cost of War Execution Report as 
prescribed in the Department of Defense Financial Manage-
† HR 3326 EAS 
ment Regulation Department of Defense Instruction 
7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 
Annex 1, dated September 2005. 
SEC. 8100. The amounts appropriated in title II of 
this Act are hereby reduced by $500,000,000 to reflect excess 
cash balances in Department of Defense Working Capital 
Funds, as follows: 
From ‘‘Operation and Maintenance, Air Force’’, 
$500,000,000. 
SEC. 8101. During the current fiscal year, not to ex-
ceed $10,000,000 from each of the appropriations made in 
title III of this Act for ‘‘Operation and Maintenance, 
Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper-
ation and Maintenance, Air Force’’ may be transferred by 
the military department concerned to its central fund estab-
lished for Fisher Houses and Suites pursuant to section 
2493(d) of title 10, United States Code. 
SEC. 8102. Of the funds appropriated in the Intel-
ligence Community Management Account for the Program 
Manager for the Information Sharing Environment, 
$24,000,000 is available for transfer by the Director of Na-
tional Intelligence to other departments and agencies for 
purposes of Government-wide information sharing activi-
ties: Provided, That funds transferred under this provision 
are to be merged with and available for the same purposes
† HR 3326 EAS 
and time period as the appropriation to which transferred: 
Provided further, That the Office of Management and Budg-
et must approve any transfers made under this provision. 
SEC. 8103. Funds appropriated by this Act for oper-
ation and maintenance shall be available for the purpose 
of making remittances to the Defense Acquisition Workforce 
Development Fund in accordance with the requirements of 
section 1705 of title 10, United States Code. 
SEC. 8104. (a) REPORT ON GROUND-BASED INTER-
CEPTOR MISSILES.—Not later than 60 days after the date 
of the enactment of this Act, the Director of the Missile De-
fense Agency shall submit to the congressional defense com-
mittees a report on the utilization of funds to maintain the 
production line of Ground-Based Interceptor (GBI) mis-
siles. The report shall include a plan for the utilization of 
funds for Ground-Based Interceptor missiles made available 
by this Act for the Midcourse Defense Segment, including— 
(1) the number of Ground-based Interceptor mis-
siles proposed to be produced during fiscal year 2010; 
and 
(2) any plans for maintaining production of 
such missiles and the subsystems and components of 
such missiles. 
(b) REPORT
ON GROUND-BASED MIDCOURSE DE-
FENSE SYSTEM.—Not later than 120 days after the date
† HR 3326 EAS 
of the enactment of this Act, the Director of the Missile De-
fense Agency shall submit to the congressional defense com-
mittees a report setting forth the acquisition strategy for 
the Ground-Based Midcourse Defense (GMD) system during 
fiscal years 2011 through 2016. The report shall include a 
description of the plans of the Missile Defense Agency for 
each of the following: 
(1) To maintain the capability for production of 
Ground-Based Interceptor missiles. 
(2) To address modernization and obsolescence of 
the Ground-Based Midcourse Defense system. 
(3) To conduct a robust test program for the 
Ground-Based Midcourse Defense system. 
SEC. 8105. (a) HIGH PRIORITY NATIONAL GUARD 
COUNTERDRUG PROGRAMS.—Of the amount appropriated 
or otherwise made available by title VI under the heading 
‘‘DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 
DEFENSE’’, up to $30,000,000 shall be available for the pur-
pose of High Priority National Guard Counterdrug Pro-
grams. 
(b) SUPPLEMENT NOT SUPPLANT.—The amount made 
available by subsection (a) for the purpose specified in that 
subsection is in addition to any other amounts made avail-
able by this Act for that purpose.
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APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES 
SEC. 8106. (a) ACKNOWLEDGMENT AND APOLOGY.— 
The United States, acting through Congress— 
(1) recognizes the special legal and political rela-
tionship Indian tribes have with the United States 
and the solemn covenant with the land we share; 
(2) commends and honors Native Peoples for the 
thousands of years that they have stewarded and pro-
tected this land; 
(3) recognizes that there have been years of offi-
cial depredations, ill-conceived policies, and the 
breaking of covenants by the Federal Government re-
garding Indian tribes; 
(4) apologizes on behalf of the people of the 
United States to all Native Peoples for the many in-
stances of violence, maltreatment, and neglect in-
flicted on Native Peoples by citizens of the United 
States; 
(5) expresses its regret for the ramifications of 
former wrongs and its commitment to build on the 
positive relationships of the past and present to move 
toward a brighter future where all the people of this 
land live reconciled as brothers and sisters, and har-
moniously steward and protect this land together;
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(6) urges the President to acknowledge the 
wrongs of the United States against Indian tribes in 
the history of the United States in order to bring 
healing to this land; and 
(7) commends the State governments that have 
begun reconciliation efforts with recognized Indian 
tribes located in their boundaries and encourages all 
State governments similarly to work toward recon-
ciling relationships with Indian tribes within their 
boundaries. 
(b) DISCLAIMER.—Nothing in this section— 
(1) authorizes or supports any claim against the 
United States; or 
(2) serves as a settlement of any claim against 
the United States. 
SEC. 8107. (a) REPORT ON USE OF LIVE PRIMATES 
IN TRAINING RELATING TO CHEMICAL AND BIOLOGICAL 
AGENTS.—Not later than 90 days after the date of the en-
actment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report setting 
forth a detailed description of the requirements for the use 
by the Department of Defense of live primates at the United 
States Army Medical Research Institute of Chemical De-
fense, and elsewhere, to demonstrate the effects of chemical
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or biological agents or chemical (such as physostigmine) or 
biological agent simulants in training programs. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include, at a minimum, the following: 
(1) The number of live primates used in the 
training described in subsection (a). 
(2) The average lifespan of primates from the 
point of introduction into such training programs. 
(3) An explanation why the use of primates in 
such training is more advantageous and realistic 
than the use of human simulators or other alter-
natives. 
(4) An estimate of the cost of converting from the 
use of primates to human simulators in such train-
ing. 
SEC. 8108. (a) FINDINGS.—The Senate makes the fol-
lowing findings: 
(1) Real time intelligence, surveillance, and re-
connaissance (ISR) is critical to our warfighters in 
fighting the ongoing wars in Iraq and Afghanistan. 
(2) Secretary of Defense Gates and the military 
leadership of the United States have highlighted the 
importance of collecting and disseminating critical 
intelligence and battlefield information to our troops 
on the ground in Iraq and Afghanistan.
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(3) The Chief of Staff of the Air Force, General 
Norton Schwartz, has stated that the Air Force is 
‘‘all-in’’ for the joint fight. 
(4) One of the most effective and heavily tasked 
intelligence, surveillance, and reconnaissance assets 
operating today is the Air Force’s E–8C Joint Sur-
veillance Target Attack Radar System, also known as 
Joint STARS. 
(5) Commanders in the field rely on Joint 
STARS to give them a long range view of the battle-
field and detect moving targets in all weather condi-
tions as well as tactical support to Brigade Combat 
Teams, Joint Tactical Air Controllers and Special 
Operations Forces convoy overwatch. 
(6) Joint STARS is a joint platform, flown by 
a mix of active duty Air Force and Air National 
Guard personnel and operated by a joint Army, Air 
Force, and Marine crew, supporting missions for all 
the Armed Forces. 
(7) With a limited number of airframes, Joint 
STARS has flown over 55,000 combat hours and 900 
sorties over Iraq and Afghanistan and directly con-
tributed to the discovery of hundreds of Improvised 
Explosive Devices.
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(8) The current engines greatly limit the per-
formance of Joint STARS aircraft and are the high-
est cause of maintenance problems and mission 
aborts. 
(9) There is no other current or programmed 
aircraft or weapon system that can provide the de-
tailed, broad-area ground moving target indicator 
(GMTI) and airborne battle management support for 
the warfighter that Joint STARS provides. 
(10) With the significant operational savings 
that new engines will bring to the Joint STARS, re- 
engining Joint STARS will pay for itself by 2017 
due to reduced operations, sustainment, and fuel 
costs. 
(11) In December 2002, a JSTARS re-engining 
study determined that re-engining provided signifi-
cant benefits and cost savings. However, delays in 
executing the re-engining program continue to result 
in increased costs for the re-engining effort. 
(12) The budget request for the Department of 
Defense for fiscal year 2010 included $205,000,000 in 
Aircraft Procurement, Air Force, and $16,000,000 in 
Research, Development, Test, and Evaluation, Air 
Force for Joint STARS re-engining.
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(13) On September 22, 2009, the Department of 
Defense re-affirmed their support for the President’s 
Budget request for Joint STARS re-engining. 
(14) On September 30, 2009, the Undersecretary 
of Defense (Acquisition, Technology, and Logistics) 
signed an Acquisition Decision Memorandum direct-
ing that the Air Force proceed with the Joint STARS 
re-engining effort, to include expenditure of procure-
ment and research, development, test, and evaluation 
funds. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that— 
(1) Funds for re-engining of the E–8C Joint 
Surveillance Target Attack Radar System (Joint 
STARS) should be appropriated in the correct appro-
priations accounts and in the amounts required in 
fiscal year 2010 to execute the Joint STARS Re- 
Engining System Design and Development Program; 
and 
(2) the Air Force should proceed with currently 
planned efforts to re-engine Joint STARS aircraft, to 
include expending both procurement and research, de-
velopment, test, and evaluation funds. 
SEC. 8109. (a) Notwithstanding any other provision 
of this Act and except as provided in subsection (b), any
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report required to be submitted by a Federal agency or de-
partment to the Committee on Appropriations of either the 
Senate or the House of Representatives in this Act shall 
be posted on the public website of that agency upon receipt 
by the committee. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises 
national security; or 
(2) the report contains proprietary information. 
SEC. 8110. (a) The Secretary of Defense shall conduct 
a study on defense contracting fraud and submit a report 
containing the findings of such study to the congressional 
defense committees. 
(b) The report required under subsection (a) shall in-
clude— 
(1) an assessment of the total value of Depart-
ment of Defense contracts entered into to with con-
tractors that have been indicted for, settled charges of, 
been fined by any Federal department or agency for, 
or been convicted of fraud in connection with any 
contract or other transaction entered into with the 
Federal Government; and 
(2) recommendations by the Inspector General of 
the Department of Defense or other appropriate De-
partment of Defense official regarding how to penalize
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contractors repeatedly involved in fraud in connection 
with contracts or other transactions entered into with 
the Federal Government. 
SEC. 8111. Of the amount appropriated or otherwise 
made available by title IV under the heading ‘‘RESEARCH, 
DEVELOPMENT, 
TEST, 
AND
EVALUATION, 
ARMY’’, 
$12,000,000 shall be available for the peer-reviewed Gulf 
War Illness Research Program of the Army run by Congres-
sionally Directed Medical Research Programs. 
SEC. 8112. (a) It is the sense of Congress that— 
(1) All of the National Nuclear Security Admin-
istration sites, including the Nevada Test Site can 
play an effective and essential role in developing and 
demonstrating— 
(A) innovative and effective methods for 
treaty verification and the detection of nuclear 
weapons and other materials; and 
(B) related threat reduction technologies; 
and 
(2) the Administrator for Nuclear Security 
should expand the mission of the Nevada Test Site to 
carry out the role described in paragraph (1), includ-
ing by— 
(A) fully utilizing the inherent capabilities 
and uniquely secure location of the Site;
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† HR 3326 EAS 
(B) continuing to support the Nation’s nu-
clear weapons program and other national secu-
rity programs; and 
(C) renaming the Site to reflect the ex-
panded mission of the Site. 
(b) Not later than one year after the date of the enact-
ment of this Act, the Administrator for Nuclear Security 
shall submit to the congressional defense committees a plan 
for improving the infrastructure of the Nevada Test Site 
of the National Nuclear Security Administration and, if the 
Administrator deems appropriate, all other sites under the 
jurisdiction of the National Nuclear Security Administra-
tion— 
(1) to fulfill the expanded mission of the Site de-
scribed in subsection (a); and 
(2) to make the Site available to support the 
threat reduction programs of the entire national secu-
rity community, including threat reduction programs 
of the National Nuclear Security Administration, the 
Defense Threat Reduction Agency, the Department of 
Homeland Security, and other agencies as appro-
priate. 
SEC. 8113. Of the amounts appropriated or otherwise 
made available by title II under the heading ‘‘OPERATION 
AND MAINTENANCE, DEFENSE-WIDE’’ and available for the
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† HR 3326 EAS 
Office of the Secretary of Defense, up to $250,000 may be 
available to the Under Secretary of Defense for Policy for 
the declassification of the nuclear posture review conducted 
under section 1041 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law 
by Public Law 106–398; 114 Stat. 1654A–262) upon the 
release of the nuclear posture review to succeed such nuclear 
posture review. 
SEC. 8114. Of the amount appropriated or otherwise 
made available by title II under the heading ‘‘OPERATION 
AND MAINTENANCE, DEFENSE-WIDE’’, up to $15,000,000 
may be available for the implementation by the Department 
of Defense of the responsibilities of the Department under 
the Military and Overseas Voter Empowerment Act and the 
amendments made by that Act. 
SEC. 8115. None of the funds appropriated or other-
wise made available by this Act may be used to dispose 
of claims filed regarding water contamination at Camp 
Lejeune, North Carolina, until the Agency for Toxic Sub-
stances and Disease Registry (ATSDR) fully completes all 
current, ongoing epidemiological and water modeling stud-
ies pending as of the date of the enactment of this Act. 
SEC. 8116. (a) LIMITATION
ON AVAILABILITY
OF 
FUNDS
FOR
EXECUTION
OF
CONTRACTS
UNDER 
LOGCAP.—No later than 90 days after enactment of this
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† HR 3326 EAS 
Act none of the funds appropriated or otherwise made avail-
able by this Act may be obligated or expended for the execu-
tion of a contract under the Logistics Civil Augmentation 
Program (LOGCAP) unless the Secretary of the Army de-
termines that the contract explicitly requires the con-
tractor— 
(1) to inspect and immediately correct defi-
ciencies that present an imminent threat of death or 
serious bodily injury so as to ensure compliance with 
generally accepted electrical standards as determined 
by the Secretary of Defense in work under the con-
tract; 
(2) monitor and immediately correct deficiencies 
in the quality of any potable or non-potable water 
provided under the contract to ensure that safe and 
sanitary water is provided; and 
(3) establish and enforce strict standards for pre-
venting, and immediately addressing and cooperating 
with the prosecution of, any instances of sexual as-
sault in all of its operations and the operations of its 
subcontractors. 
(b) WAIVER.—The Secretary of the Army may waive 
the applicability of the limitation in subsection (a) to any 
contract if the Secretary certifies in writing to Congress 
that—
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† HR 3326 EAS 
(1) the waiver is necessary for the provision of 
essential services or critical operating facilities for 
operational missions; or 
(2) the work under such contract does not 
present an imminent threat of death or serious bodily 
injury. 
SEC. 8117. None of the funds appropriated or other-
wise made available by this Act may be used by the Sec-
retary of the Army to transfer by sale, lease, loan, or dona-
tion government-owned ammunition production equipment 
or facilities to a private ammunition manufacturer until 
60 days after the Secretary submits a certification to the 
congressional defense committees that the transfer will not 
increase the cost of ammunition procurement or negatively 
impact national security, military readiness, government 
ammunition production or the United States ammunition 
production industrial base. The certification shall include 
the Secretary of the Army’s assessment of the following: 
(1) A cost-benefit risk analysis for converting 
government-owned ammunition production equipment 
or facilities to private ammunition manufacturers, 
including cost-savings comparisons. 
(2) A projection of the impact on the ammuni-
tion production industrial base in the United States
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† HR 3326 EAS 
of converting such equipment or facilities to private 
ammunition manufacturers. 
(3) A projection of the capability to meet current 
and future ammunition production requirements by 
both government-owned and private ammunition 
manufacturers, as well as a combination of the two 
sources of production assets. 
(4) Potential impact on national security and 
military readiness. 
SEC. 8118. (a) None of the funds appropriated or oth-
erwise made available by this Act may be used for any ex-
isting or new Federal contract if the contractor or a subcon-
tractor at any tier requires that an employee or inde-
pendent contractor, as a condition of employment, sign a 
contract that mandates that the employee or independent 
contractor performing work under the contract or sub-
contract resolve through arbitration any claim under title 
VII of the Civil Rights Act of 1964 or any tort related to 
or arising out of sexual assault or harassment, including 
assault and battery, intentional infliction of emotional dis-
tress, false imprisonment, or negligent hiring, supervision, 
or retention. 
(b) The prohibition in subsection (a) does not apply 
with respect to employment contracts that may not be en-
forced in a court of the United States.
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under the period covered by the most current future- 
years defense program. 
SEC. 8120. (a) NATURE OF FULL AND OPEN COMPETI-
TION
FOR
CONGRESSIONALLY
DIRECTED
SPENDING 
ITEMS.—Each congressionally directed spending item spec-
ified in this Act or the report accompanying this Act that 
is intended for award to a for-profit entity shall be subject 
to acquisition regulations for full and open competition on 
the same basis as each spending item intended for a for- 
profit entity that is contained in the budget request of the 
President. 
(b) EXCEPTIONS.—Subsection (a) shall not apply to 
any contract awarded— 
(1) by a means that is required by Federal stat-
ute, including for a purchase made under a mandated 
preferential program; 
(2) pursuant to the Small Business Act (15 
U.S.C. 631 et seq.); or 
(3) in an amount less than the simplified acqui-
sition threshold described in section 302A(a) of the 
Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 252a(a)). 
(c) CONGRESSIONALLY DIRECTED SPENDING ITEM 
DEFINED.—In this section, the term ‘‘congressionally di-
rected spending item’’ means the following:
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† HR 3326 EAS 
(1) A congressionally directed spending item, as 
defined in Rule XLIV of the Standing Rules of the 
Senate. 
(2) A congressional earmark for purposes of rule 
XXI of the House of Representatives. 
SEC. 8121. (a) FUNDING FOR TWO-STAGE GROUND- 
BASED INTERCEPTOR MISSILE.—Of the amounts appro-
priated or otherwise made available by this Act for a long- 
range missile defense system in Europe, or appropriated or 
otherwise made available for the Department of Defense for 
a long-range missile defense system in Europe from the 
Consolidated Security Disaster Assistance, and Continuing 
Appropriations Act of 2009 (Public Law 110–329) and 
available for obligation, no less than $50,000,000, and up 
to $151,000,000 shall be available for research, development, 
test, and evaluation of the two-stage ground-based inter-
ceptor missile. 
(b) PROHIBITION ON DIVERSION OF FUNDS.—Funds 
appropriated or otherwise made available by this Act for 
the Missile Defense Agency for the purpose of research, de-
velopment, and testing of the two-stage ground based inter-
ceptor missile shall be utilized solely for that purpose, and 
may not be reprogrammed or otherwise utilized for any 
other purpose.
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† HR 3326 EAS 
(c) REPORT.—Not later than February 1, 2010, the 
Director of the Missile Defense Agency shall submit to the 
congressional defense committees a report setting forth the 
following: 
(1) A comprehensive plan for the continued de-
velopment and testing of the two-stage ground-based 
interceptor missile, including a description how the 
Missile Defense Agency will leverage the development 
and testing of such missile to modernize the Ground- 
based Midcourse Defense component of the ballistic 
missile defense system. 
(2) Options for deploying an additional Ground- 
based Midcourse Defense site in Europe or the United 
States to provide enhanced defense in response to fu-
ture long-range missile threats from Iran, and a de-
scription of how such a site may be made interoper-
able with the planned missile defense architecture for 
Europe and the United States. 
SEC. 8122. (a) AMOUNT FOR EVALUATIONS OF CER-
TAIN LASER SYSTEMS.—Of the amount appropriated or 
otherwise made available by title IV under the heading 
‘‘RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR 
FORCE’’ and available for Advanced Weapons Technology 
(PE# 0603605F), up to $5,000,000 may be available to
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† HR 3326 EAS 
carry out the evaluations and analyses required by sub-
section (b). 
(b) EVALUATIONS AND ANALYSES OF CERTAIN LASER 
SYSTEMS.—The Secretary of Defense shall, in a manner 
consistent with the October 8, 2008, report of the Air Force 
Scientific Advisory Board entitled ‘‘Airborne Tactical 
Laser (ATL) Feasibility for Gunship Operations’’— 
(1) carry out additional enhanced user evalua-
tions of the Advanced Tactical Laser system on a va-
riety of instrumented targets; and 
(2) enter into an agreement with a federally 
funded research and development center under which 
the center shall— 
(A) conduct an analysis of the feasibility of 
integrating solid state laser systems onto C–130, 
B–1, and F–35 aircraft platforms to provide 
close air support; and 
(B) estimate the cost per unit of such laser 
systems and the cost of operating and maintain-
ing each such platform with such laser systems.
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TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $9,597,340,000. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, 
Navy’’, $1,175,601,000. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $670,722,000. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,445,376,000. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $293,637,000. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $37,040,000. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, Ma-
rine Corps’’, $31,337,000.
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RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, Air 
Force’’, $19,822,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $824,966,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $9,500,000. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $51,928,167,000. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Mainte-
nance, Navy’’, $5,899,597,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps’’, $3,775,270,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $9,929,868,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-Wide’’, $7,550,900,000, of which:
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† HR 3326 EAS 
(1) Not to exceed $12,500,000 for the Combatant 
Commander Initiative Fund, to be used in support of 
Operation Iraqi Freedom and Operation Enduring 
Freedom; and 
(2) Not to exceed $1,600,000,000, to remain 
available until expended, for payments to reimburse 
key cooperating nations for logistical, military, and 
other support, including access provided to United 
States military operations in support of Operation 
Iraqi Freedom and Operation Enduring Freedom, 
notwithstanding any other provision of law: Provided, 
That such reimbursement payments may be made in 
such amounts as the Secretary of Defense, with the 
concurrence of the Secretary of State, and in con-
sultation with the Director of the Office of Manage-
ment and Budget, may determine, in his discretion, 
based on documentation determined by the Secretary 
of Defense to adequately account for the support pro-
vided, and such determination is final and conclusive 
upon the accounting officers of the United States, and 
15 days following notification to the appropriate con-
gressional committees: Provided further, That these 
funds may be used for the purpose of providing spe-
cialized training and procuring supplies and special-
ized equipment and providing such supplies and
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† HR 3326 EAS 
loaning such equipment on a non-reimbursable basis 
to coalition forces supporting United States military 
operations in Iraq and Afghanistan, and 15 days fol-
lowing notification to the appropriate congressional 
committees: Provided further, That the Secretary of 
Defense shall provide quarterly reports to the congres-
sional defense committees on the use of funds provided 
in this paragraph. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Army Reserve’’, $234,898,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Navy Reserve’’, $68,059,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps Reserve’’, $86,667,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force Reserve’’, $125,925,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Mainte-
nance, Army National Guard’’, $450,246,000.
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Mainte-
nance, Air National Guard’’, $289,862,000. 
AFGHANISTAN SECURITY FORCES FUND 
For the ‘‘Afghanistan Security Forces Fund’’, 
$6,562,769,000, to remain available until September 30, 
2011: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command—Afghanistan, or the 
Secretary’s designee, to provide assistance, with the concur-
rence of the Secretary of State, to the security forces of Af-
ghanistan, including the provision of equipment, supplies, 
services, training, facility and infrastructure repair, ren-
ovation, and construction, and funding: Provided further, 
That the authority to provide assistance under this heading 
is in addition to any other authority to provide assistance 
to foreign nations: Provided further, That contributions of 
funds for the purposes provided herein from any person, 
foreign government, or international organization may be 
credited to this Fund and used for such purposes: Provided 
further, That the Secretary of Defense shall notify the con-
gressional defense committees in writing upon the receipt 
and upon the obligation of any contribution, delineating 
the sources and amounts of the funds received and the spe-
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cific use of such contributions: Provided further, That the 
Secretary of Defense shall, not fewer than 15 days prior 
to obligating from this appropriation account, notify the 
congressional defense committees in writing of the details 
of any such obligation. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $1,119,319,000, to remain available until Sep-
tember 30, 2012. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $475,954,000, to remain available until September 
30, 2012. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $875,866,000, to 
remain available until September 30, 2012. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $365,635,000, to remain available until 
September 30, 2012.
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OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $4,874,176,000, to remain available until Sep-
tember 30, 2012. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $1,342,577,000, to remain available until Sep-
tember 30, 2012. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procurement, 
Navy’’, $50,700,000, to remain available until September 
30, 2012. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $681,957,000, to re-
main available until September 30, 2012. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $260,118,000, to remain available until September 
30, 2012. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $868,197,000, to remain available until September 
30, 2012.
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† HR 3326 EAS 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $736,501,000, to remain available until Sep-
tember 30, 2012. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $36,625,000, to remain available until Sep-
tember 30, 2012. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $256,819,000, to remain available 
until September 30, 2012. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $3,138,021,000, to remain available until Sep-
tember 30, 2012. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, Defense- 
Wide’’, $480,780,000, to remain available until September 
30, 2012. 
MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the Mine Resistant Ambush Protected Vehicle 
Fund, $6,656,000,000, to remain available until September 
30, 2011: Provided, That such funds shall be available to
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the Secretary of Defense, notwithstanding any other provi-
sion of law, to procure, sustain, transport, and field Mine 
Resistant Ambush Protected vehicles: Provided further, That 
the Secretary shall transfer such funds only to appropria-
tions for operation and maintenance; procurement; re-
search, development, test and evaluation; and defense work-
ing capital funds to accomplish the purpose provided here-
in: Provided further, That this transfer authority is in ad-
dition to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
shall, not fewer than 10 days prior to making transfers 
from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer. 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $57,962,000, to remain 
available until September 30, 2011. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $84,180,000, to remain 
available until September 30, 2011.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR 
FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $39,286,000, to re-
main available until September 30, 2011. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Defense-Wide’’, $112,196,000, 
to remain available until September 30, 2011. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working Cap-
ital Funds’’, $412,215,000. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $1,563,675,000, which shall be for operation and 
maintenance. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities’’, $353,603,000, to remain avail-
able until September 30, 2011.
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JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the ‘‘Joint Improvised Explosive Device Defeat 
Fund’’, $2,033,560,000, to remain available until Sep-
tember 30, 2012: Provided, That such funds shall be avail-
able 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 Organiza-
tion to investigate, develop and provide equipment, sup-
plies, services, training, facilities, personnel and funds to 
assist United States forces in the defeat of improvised explo-
sive devices: Provided further, 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 congressional defense committees: Pro-
vided further, That the Secretary of Defense shall submit 
a report not later than 60 days after the end of each fiscal 
quarter to the congressional defense committees providing 
assessments of the evolving threats, individual service re-
quirements 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 this Fund: Provided further, That the Secretary of De-
fense may transfer funds provided herein to appropriations 
for operation and maintenance; procurement; research, de-
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† HR 3326 EAS 
velopment, test and evaluation; 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 ap-
propriations 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 Secretary of Defense shall, not fewer than 
15 days prior to making transfers from this appropriation, 
notify the congressional defense committees in writing of 
the details of any such transfer. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the Inspec-
tor General’’, $8,876,000. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2010. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national in-
terest, the Secretary may, with the approval of the Office 
of Management and Budget, transfer up to $4,000,000,000 
between the appropriations or funds made available to the
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† HR 3326 EAS 
Department of Defense in this title: Provided, That the Sec-
retary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided 
further, That the authority provided in this section is in 
addition to any other transfer authority available to the 
Department of Defense and is subject to the same terms and 
conditions as the authority provided in the Department of 
Defense Appropriations Act, 2010: Provided further, That 
the amount in this section is designated as being for over-
seas deployments and other activities pursuant to sections 
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal year 
2010. 
SEC. 9003. Supervision and administration costs asso-
ciated with a construction project funded with appropria-
tions available for operation and maintenance or the ‘‘Af-
ghanistan Security Forces Fund’’ provided in this Act and 
executed in direct support of overseas contingency oper-
ations in Afghanistan, may be obligated at the time a con-
struction contract is awarded: Provided, That for the pur-
pose of this section, supervision and administration costs 
include all in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase for use by military 
and civilian employees of the Department of Defense in Iraq
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† HR 3326 EAS 
and Afghanistan: (a) passenger motor vehicles up to a limit 
of $75,000 per vehicle and (b) heavy and light armored ve-
hicles for the physical security of personnel or for force pro-
tection purposes up to a limit of $250,000 per vehicle, not-
withstanding price or other limitations applicable to the 
purchase of passenger carrying vehicles. 
SEC. 9005. Not to exceed $1,200,000,000 of the amount 
appropriated in this title under the heading ‘‘Operation 
and Maintenance, Army’’ may be used, notwithstanding 
any other provision of law, to fund the Commander’s Emer-
gency Response Program, for the purpose of enabling mili-
tary commanders in Iraq and Afghanistan to respond to 
urgent humanitarian relief and reconstruction require-
ments within their areas of responsibility: Provided, That 
not later than 15 days after the end of each fiscal year quar-
ter, the Secretary of Defense shall submit to the congres-
sional defense committees a report regarding the source of 
funds and the allocation and use of funds during that quar-
ter that were made available pursuant to the authority pro-
vided in this section or under any other provision of law 
for the purposes described herein. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, notwith-
standing any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and
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† HR 3326 EAS 
other logistical support to coalition forces supporting mili-
tary and stability operations in Iraq and Afghanistan: Pro-
vided, That the Secretary of Defense shall provide quarterly 
reports to the congressional defense committees regarding 
support provided under this section. 
SEC. 9007. Each amount in this title is designated as 
being for overseas deployments and other activities pursu-
ant to section 401(c)(4) and 423(a)(1) of S. Con. Res. 13 
(111th Congress), the concurrent resolution on the budget 
for fiscal year 2010. 
SEC. 9008. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for a 
purpose as follows: 
(1) To establish any military installation or base 
for the purpose of providing for the permanent sta-
tioning of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or base 
for the purpose of providing for the permanent sta-
tioning of United States Armed Forces in Afghani-
stan. 
SEC. 9009. (a) The Director of the Office of Manage-
ment and Budget, in consultation with the Secretary of De-
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† HR 3326 EAS 
fense; the Commander of the United States Central Com-
mand; the Commander, Multi-National Security Transition 
Command—Iraq; and the Commander, Combined Security 
Transition Command—Afghanistan, shall submit to the 
congressional defense committees not later than 45 days 
after the end of each fiscal quarter a report on the proposed 
use of all funds appropriated by this or any prior Act under 
each of the headings ‘‘Iraq Security Forces Fund’’, ‘‘Afghan-
istan Security Forces Fund’’, and ‘‘Pakistan Counterinsur-
gency Fund’’ on a project-by-project basis, for which the 
obligation of funds is anticipated during the 3-month pe-
riod from such date, including estimates by the commanders 
referred to in this section of the costs required to complete 
each such project. 
(b) The report required by this subsection shall include 
the following: 
(1) The use of all funds on a project-by-project 
basis for which funds appropriated under the head-
ings referred to in subsection (a) were obligated prior 
to the submission of the report, including estimates by 
the commanders referred to in subsection (a) of the 
costs to complete each project. 
(2) The use of all funds on a project-by-project 
basis for which funds were appropriated under the 
headings referred to in subsection (a) in prior appro-
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† HR 3326 EAS 
priations Acts, or for which funds were made avail-
able by transfer, reprogramming, or allocation from 
other headings in prior appropriations Acts, includ-
ing estimates by the commanders referred to in sub-
section (a) of the costs to complete each project. 
(3) An estimated total cost to train and equip 
the Iraq, Afghanistan, and Pakistan security forces, 
disaggregated by major program and sub-elements by 
force, arrayed by fiscal year. 
(c) The Secretary of Defense shall notify the congres-
sional defense committees of any proposed new projects or 
transfers of funds between sub-activity groups in excess of 
$20,000,000 using funds appropriated by this or any prior 
Act under the headings ‘‘Iraq Security Forces Fund’’, ‘‘Af-
ghanistan Security Forces Fund’’, and ‘‘Pakistan Counter-
insurgency Fund’’. 
SEC. 9010. (a) None of the funds appropriated or oth-
erwise made available by this Act or any prior Act may 
be used to transfer, release, or incarcerate any individual 
who was detained as of October 1, 2009, at Naval Station, 
Guantanamo Bay, Cuba, to or within the United States 
or its territories. 
(b) In this section, the term ‘‘United States’’ means 
the several States and the District of Columbia.
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SEC. 9011. In addition to amounts made available 
elsewhere in this title there is hereby appropriated 
$329,000,000 for the purchase of fuel to the following ac-
counts in the specified amounts: 
‘‘Operation 
and 
Maintenance, 
Army’’, 
$83,552,000; 
‘‘Operation 
and 
Maintenance, 
Navy’’, 
$33,889,000; 
‘‘Operation and Maintenance, Marine Corps’’, 
$1,619,000; 
‘‘Operation 
and 
Maintenance, 
Air 
Force’’, 
$179,191,000; 
‘‘Operation and Maintenance, Army Reserve’’, 
$8,567,000; 
‘‘Operation and Maintenance, Navy Reserve’’, 
$3,007,000; 
‘‘Operation and Maintenance, Marine Corps Re-
serve’’, $39,000; and 
‘‘Operation and Maintenance, Army National 
Guard’’, $19,136,000. 
SEC. 9012. None of the funds made available under 
this Act may be distributed to the Association of Commu-
nity Organizations for Reform Now (ACORN) or its sub-
sidiaries.