106 
the transfer: Provided further, That the transfer authority 
provided by this section is in addition to any other transfer 
authority contained in this Act. 
SEC. 8110. The amounts appropriated in title II of 
this Act are hereby reduced by $289,570,000 to reflect 
excess cash balances in Department of Defense Working 
Capital Funds. 
SEC. 8111. (a)(1) No National Intelligence Program 
funds appropriated in this Act may be used for a mission 
critical or mission essential business management infor-
mation technology system that is not registered with the 
Director of National Intelligence. A system shall be con-
sidered to be registered with that officer upon the fur-
nishing notice of the system, together with such informa-
tion concerning the system as the Director of the Business 
Transformation Office may prescribe. 
(2) During the current fiscal year no funds may be 
obligated or expended for a financial management auto-
mated information system, a mixed information system 
supporting financial and non-financial systems, or a busi-
ness system improvement of more than $1,000,000, within 
the Intelligence Community until the Director of National 
Intelligence certifies to the congressional intelligence com-
mittees that the system is being developed and managed
107 
in accordance with the Business Transformation require-
ments. 
(b) The Director of the Business Transformation Of-
fice shall provide the congressional intelligence committees 
notification of approvals under paragraph (1) no later 
than 30 days after certification. Each such notification 
shall include a statement confirming that the following 
steps have been taken with respect to the system: 
(1) Business process reengineering. 
(2) An analysis of alternatives and an economic 
analysis that includes a calculation of the return on 
investment. 
(3) Assurance the system is compatible with the 
enterprise-wide business architecture. 
(4) Performance measures. 
(5) An information assurance strategy con-
sistent with the Chief Information Officer of the In-
telligence Community. 
(c) This section shall not apply to any programmatic 
or analytic systems or programmatic or analytic system 
improvements. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8112. (a) In addition to funds made available 
elsewhere in this Act, there is hereby appropriated 
$439,615,000 to remain available until transferred: Pro-
108 
vided, That these funds are appropriated to the ‘‘Tanker 
Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ 
elsewhere in this section): Provided further, That the Sec-
retary of the Air Force may transfer amounts in the Fund 
to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft 
Procurement, Air Force’’, and ‘‘Research, Development, 
Test and Evaluation, Air Force’’, only for the purposes 
of proceeding with a tanker acquisition program: Provided 
further, That funds transferred shall be merged with and 
be available for the same purposes and for the same time 
period as the appropriations or fund to which transferred: 
Provided further, That this transfer authority is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That the Secretary 
of the Air Force shall, not fewer than 15 days prior to 
making transfers using funds provided in this section, no-
tify the congressional defense committees in writing of the 
details of any such transfer: Provided further, That the 
Secretary shall submit a report no later than 30 days after 
the end of each fiscal quarter to the congressional defense 
committees summarizing the details of the transfer of 
funds from this appropriation. 
(b) The Secretary of Defense is directed to award one 
or more contracts for the aerial refueling tanker replace-
109 
ment program according to either of the following alter-
natives: 
(1) A contract to a single offeror based on a 
best value or lowest cost source selection derived 
from full and open competition, subject to the condi-
tion that non-development aircraft produced under 
such contract must be finally assembled in the 
United States. Such competition and source selection 
shall include evaluation of the life-cycle costs of each 
aircraft over a 40-year period (including costs of fuel 
consumption, military construction and other factors 
normally associated with operation and support of 
tanker aircraft) and shall include an independent 
40-year life-cycle cost estimate conducted by a feder-
ally funded research and development center. 
(2) Contracts awarded to each of the two 
offerors that responded to Request for Proposal No. 
FA8625–07–R–6470 (as released on January 29, 
2007) subject to the condition that all non-develop-
ment aircraft produced under any such contracts 
must be finally assembled in the United States. 
(c) The Secretary of Defense shall certify in writing 
to the congressional defense committees by October 1, 
2009, which of the procurement alternatives in subsection 
(b) represents the most cost-effective and expeditious
110 
tanker replacement strategy that best responds to United 
States national security requirements. The certification 
shall be accompanied by a report to the congressional de-
fense committees detailing the rationale for such certifi-
cation. 
SEC. 8113. (a) Under regulations prescribed by the 
Secretary of Defense, the Secretary concerned shall pro-
vide any member or former member of the Armed Forces 
with the benefits specified in subsection (b) if the member 
or former member would, on any day during the period 
beginning on January 19, 2007, and ending on the date 
of the implementation of the Post-Deployment/Mobiliza-
tion Respite Absence (PDMRA) program by the Secretary 
concerned, have qualified for a day of administrative ab-
sence under the Post-Deployment/Mobilization Respite 
Absence program had the program been in effect during 
such period. 
(b) BENEFITS.—The benefits authorized under this 
section are the following: 
(1) In the case of an individual who is a former 
member of the Armed Forces at the time of the pro-
vision of benefits under this section, payment of an 
amount not to exceed $200 for each day the indi-
vidual would have qualified for a day of administra-
111 
tive absence as described in subsection (a) during 
the period specified in that subsection. 
(2) In the case of an individual who is a mem-
ber of the Armed Forces at the time of the provision 
of benefits under this section, either one day of ad-
ministrative absence or payment of an amount not 
to exceed $200, as selected by the Secretary con-
cerned, for each day the individual would have quali-
fied for a day of administrative absence as described 
in subsection (a) during the period specified in that 
subsection. 
(c) EXCLUSION OF CERTAIN FORMER MEMBERS.— 
A former member of the Armed Forces is not eligible 
under this section for the benefits specified in subsection 
(b)(1) if the former member was discharged or released 
from the Armed Forces under other than honorable condi-
tions. 
(d) MAXIMUM NUMBER OF DAYS OF BENEFITS.— 
Not more than 40 days of benefits may be provided to 
a member or former member of the Armed Forces under 
this section. 
(e) FORM OF PAYMENT.—The paid benefits author-
ized under this section may be paid in a lump sum or in-
stallments, at the election of the Secretary concerned.
112 
(f) CONSTRUCTION WITH OTHER PAY AND LEAVE.— 
The benefits provided a member or former member of the 
Armed Forces under this section are in addition to any 
other pay, absence, or leave provided by law. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘Post-Deployment/Mobilization 
Respite Absence program’’ means the program of a 
military department to provide days of administra-
tive absence not chargeable against available leave to 
certain deployed or mobilized members of the Armed 
Forces in order to assist such members in reinte-
grating into civilian life after deployment or mobili-
zation. 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(5) of title 
37, United States Code. 
(h) TERMINATION.— 
(1) The authority to provide benefits under this 
section shall expire on the date that is 1 year after 
the date of the enactment of this Act. 
(2) Expiration under this subsection of the au-
thority to provide benefits under this section shall 
not affect the utilization of any day of administra-
tive absence provided a member of the Armed 
Forces under subsection (b)(2), or the payment of
113 
any payment authorized a member or former mem-
ber of the Armed Forces under subsection (b), be-
fore the expiration of the authority in this section. 
SEC.
8114.
(a)
RESETTLEMENT
SUPPORT
AND 
OTHER PUBLIC BENEFITS FOR CERTAIN IRAQI REFU-
GEES.—Section 1244(g) of the Refugee Crisis in Iraq Act 
of 2007 (subtitle C of title XII of division A of Public 
Law 110–181; 122 Stat. 398) is amended by striking ‘‘for 
a period not to exceed eight months’’ and inserting ‘‘to 
the same extent, and for the same periods of time, as such 
refugees’’. 
(b) RESETTLEMENT SUPPORT AND OTHER PUBLIC 
BENEFITS
FOR
CERTAIN
AFGHAN
ALLIES.—Section 
602(b)(8) of the Afghan Allies Protection Act of 2009 
(title VI of division F of Public Law 111–8; 123 Stat. 
809) is amended by striking ‘‘for a period not to exceed 
8 months’’ and inserting ‘‘to the same extent, and for the 
same periods of time, as such refugees’’. 
SEC. 8115. (a) With respect to the list of specific pro-
grams, projects and activities contained in the tables enti-
tled ‘‘Explanation of Project Level Adjustments’’ in the 
report of the Committee on Appropriations of the House 
of Representatives, those which are considered congres-
sional earmarks for purposes of rule XXI of the House
114 
of Representatives, when awarded to a for profit entity, 
shall be awarded under full and open competition. 
(b) For profit entities previously awarded a contract 
with the Department of Defense which remains in effect 
during fiscal year 2010, to provide such programs projects 
or activities as described in subsection (a), shall be consid-
ered to have satisfied the conditions of full and open com-
petition, provided that any such contract was awarded 
under full and open competition. 
SEC. 8116. The amounts appropriated in title II of 
this Act are hereby reduced from the specified accounts 
in the specified amounts: 
‘‘Operation and Maintenance, Navy’’, $192,000,000. 
‘‘Operation
and
Maintenance,
Marine
Corps’’, 
$28,000,000. 
‘‘Operation
and
Maintenance,
Air
Force’’, 
$188,000,000. 
‘‘Operation
and
Maintenance,
Defense-Wide’’, 
$142,000,000. 
SEC. 8117. In carrying out Congressionally Directed 
Medical Research programs related to breast cancer re-
search, the Secretary of Defense shall ensure the fol-
lowing: 
(1) The selection process for choosing an indi-
vidual to serve as a member of an integration panel
115 
shall be fair and representative of the interested 
community so that the integration panel consists of 
a diverse representation of the breast cancer sur-
vivor and advocacy community. 
(2) An individual serving as a member of an in-
tegration panel may not be an employee, serve on 
the board of, or have a financial relationship with 
the same organization (including any organization 
related to such organization through common board 
membership, financial support, or other similar rela-
tionship) as that of another individual serving as a 
member of such panel. 
SEC. 8118. None of the funds appropriated or other-
wise made available by this Act, or that remain available 
for obligation for the Department of Defense from the 
Consolidated Security, Disaster Assistance, and Con-
tinuing Appropriations Act, 2009 (Public Law 110–329), 
the American Recovery and Reinvestment Act of 2009 
(Public Law 111–5), and the Supplemental Appropria-
tions Act, 2009 (Public Law 111–32), may be used to 
eliminate any personnel positions from the 194th Regional 
Support Wing of the United States Air National Guard 
as of the date of enactment of this Act. 
SEC. 8119. (a) None of the funds made available in 
this or any prior Act may be used to release an individual
116 
who is detained, as of April 30, 2009, at Naval Station, 
Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, the District of Columbia, or any 
of the United States territories of Guam, American Samoa 
(AS), the United States Virgin Islands (USVI), the Com-
monwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI). 
(b) None of the funds made available in this or any 
prior Act may be used to transfer an individual who is 
detained, as of April 30, 2009, at the Naval Station, 
Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, the District of Columbia, or any 
of the United States territories of Guam, American Samoa 
(AS), the United States Virgin Islands (USVI), the Com-
monwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI), for the purposes of 
detaining or prosecuting such individual until 2 months 
after the plan detailed in subsection (c) is received. 
(c) The President shall submit to the Congress, in 
writing, a comprehensive plan regarding the proposed dis-
position of each individual who is detained, as of April 30, 
2009, at Naval Station, Guantanamo Bay, Cuba, who is 
not covered under subsection (d). Such plan shall include, 
at a minimum, each of the following for each such indi-
vidual:
117 
(1) The findings of an analysis regarding any 
risk to the national security of the United States 
that is posed by the transfer of the individual. 
(2) The costs associated with not transferring 
the individual in question. 
(3) The legal rationale and associated court de-
mands for transfer. 
(4) A certification by the President that any 
risk described in paragraph (1) has been mitigated, 
together with a full description of the plan for such 
mitigation. 
(5) A certification by the President that the 
President has submitted to the Governor and legisla-
ture of the State or territory (or, in the case of the 
District of Columbia, to the Mayor of the District of 
Columbia) to which the President intends to transfer 
the individual a certification in writing at least 30 
days prior to such transfer (together with supporting 
documentation and justification) that the individual 
does not pose a security risk to the United States. 
(d) None of the funds made available in this or any 
prior Act may be used to transfer or release an individual 
detained at Naval Station, Guantanamo Bay, Cuba, as of 
April 30, 2009, to the country of such individual’s nation-
ality or last habitual residence or to the freely associated
118 
States of the Federated States of Micronesia (FSM), the 
Republic of the Marshall Islands (RMI), or the Republic 
of Palau, or to any other country other than the United 
States, unless the President submits to the Congress, in 
writing, at least 30 days prior to such transfer or release, 
the following information: 
(1) The name of any individual to be trans-
ferred or released and the country to which such in-
dividual is to be transferred or released. 
(2) An assessment of any risk to the national 
security of the United States or its citizens, includ-
ing members of the Armed Services or the United 
States, that is posed by such transfer or release and 
the actions taken to mitigate such risk. 
(3) The terms of any agreement with another 
country for acceptance of such individual, including 
the amount of any financial assistance related to 
such agreement. 
SEC. 8120. None of the funds appropriated or other-
wise made available in this Act may be used for advance 
procurement
of
the
F–22
aircraft:
Provided,
That 
$368,800,000 of the funds made available in title III 
under the heading ‘‘Aircraft Procurement, Air Force’’ may 
be available for the following programs in the following 
amounts:
119 
(1) $64,000,000 for production line shut down 
activities for the F–22. 
(2) $138,800,000 for spare engines for F–22 
and C–17 aircraft. 
(3) $79,000,000 for LAIRCM kits for the Air 
National Guard. 
(4) $37,000,000 for advanced targeting pods. 
(5) $50,000,000 for advanced radar develop-
ment. 
SEC. 8121. The amount appropriated in title VI 
under the heading ‘‘Defense Health Program’’ for oper-
ation and maintenance is hereby reduced by $26,000,000 
and the amount appropriated under such heading for re-
search, development, test, and evaluation is hereby in-
creased by $26,000,000. 
SEC. 8122. None of the funds appropriated or other-
wise made available in this Act may be used to award to 
a contractor, or convert to performance by a contractor, 
the provision of utilities at the United States Military 
Academy at West Point. 
SEC. 8123. The amounts otherwise provided by this 
Act are revised by reducing the amount made available 
under title II under the heading ‘‘Operation and Mainte-
nance, Air Force’’, and increasing the amount available
121 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $997,470,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments
and
other
activities
pursuant
to
section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, 
Air Force’’, $1,855,337,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments
and
other
activities
pursuant
to
section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, 
Army’’, $302,637,000: Provided, That the amount under 
this heading is designated as being for overseas deploy-
ments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent reso-
lution on the budget for fiscal year 2010. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, 
Navy’’, $39,040,000: Provided, That the amount under 
this heading is designated as being for overseas deploy-
122 
ments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent reso-
lution on the budget for fiscal year 2010. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, 
Marine Corps’’, $31,337,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments
and
other
activities
pursuant
to
section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, 
Air Force’’, $24,822,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments
and
other
activities
pursuant
to
section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Per-
sonnel, Army’’, $839,966,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments
and
other
activities
pursuant
to
section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010.
123 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For an additional amount for ‘‘National Guard Per-
sonnel, Air Force’’, $18,500,000: Provided, That the 
amount under this heading is designated as being for over-
seas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $41,836,029,000: Provided, That the 
amount under this heading is designated as being for over-
seas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $4,975,665,000: Provided, That up to 
$241,503,000 of the amount under this heading shall be 
transferred to the Coast Guard ‘‘Operating Expenses’’ ac-
count: Provided further, That the amount under this head-
ing is designated as being for overseas deployments and 
other activities pursuant to section 423(a)(1) of S. Con. 
Res. 13 (111th Congress), the concurrent resolution on 
the budget for fiscal year 2010.
124 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps’’, $2,961,279,000: Provided, That 
the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to sec-
tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $7,858,895,000: Provided, That the 
amount under this heading is designated as being for over-
seas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $7,397,800,000, of which: 
(1) Not to exceed $12,500,000 for the Combat-
ant Commander Initiative Fund, to be used in sup-
port of Operation Iraqi Freedom and Operation En-
during Freedom. 
(2) Not to exceed $1,540,000,000, to remain 
available until expended, for payments to reimburse 
key cooperating nations for logistical, military, and 
other support, including access provided to United
125 
States military operations in support of Operation 
Iraqi Freedom and Operation Enduring Freedom, 
notwithstanding any other provision of law: Pro-
vided, That such reimbursement payments may be 
made in such amounts as the Secretary of Defense, 
with the concurrence of the Secretary of State, and 
in consultation with the Director of the Office of 
Management and Budget, may determine, in his dis-
cretion, based on documentation determined by the 
Secretary of Defense to adequately account for the 
support provided, and such determination is final 
and conclusive upon the accounting officers of the 
United States, and 15 days following notification to 
the appropriate congressional committees: Provided 
further, That these funds may be used for the pur-
pose of providing specialized training and procuring 
supplies and specialized equipment and providing 
such supplies and loaning such equipment on a non- 
reimbursable basis to coalition forces supporting 
United States military operations in Iraq and Af-
ghanistan, and 15 days following notification to the 
appropriate congressional committees: Provided fur-
ther, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense com-
mittees on the use of funds provided in this para-
126 
graph: Provided further, That the amount under this 
heading is designated as being for overseas deploy-
ments
and
other
activities
pursuant
to
section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 
2010. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Army Reserve’’, $163,461,000: Provided, That 
the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to sec-
tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Navy Reserve’’, $54,447,000: Provided, That the 
amount under this heading is designated as being for over-
seas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
OPERATION AND MAINTENANCE, MARINE CORPS 
RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Marine Corps Reserve’’, $69,333,000: Provided, 
That the amount under this heading is designated as
127 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Main-
tenance, Air Force Reserve’’, $100,740,000: Provided, 
That the amount under this heading is designated as 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, ARMY NATIONAL 
GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Army National Guard’’, $257,317,000: Provided, 
That the amount under this heading is designated as 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For an additional amount for ‘‘Operation and Main-
tenance, Air National Guard’’, $231,889,000: Provided, 
That the amount under this heading is designated as
128 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for expenses directly relat-
ing to overseas contingency operations by United States 
military forces, $14,636,901,000, to remain available for 
obligation until expended: Provided, That of the funds 
made available under this heading, the Secretary of De-
fense may transfer these funds only to military personnel 
accounts, operation and maintenance accounts, the de-
fense health program appropriation, and working capital 
funds accounts: Provided further, That the funds trans-
ferred shall be merged with and shall be available for the 
same purposes and for the same time period, as the appro-
priation to which transferred: Provided further, That upon 
a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back 
to this appropriation: Provided further, That the Secretary 
shall notify the congressional defense committees 15 days 
prior to such transfer: Provided further, That the transfer 
authority provided under this heading is in addition to any
129 
other transfer authority available to the Department of 
Defense: Provided further, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
AFGHANISTAN SECURITY FORCES FUND 
For
the
‘‘Afghanistan
Security
Forces
Fund’’, 
$7,462,769,000, to remain available until September 30, 
2011: Provided, That such funds shall be available to the 
Secretary of Defense, notwithstanding any other provision 
of law, for the purpose of allowing the Commander, Com-
bined Security Transition Command-Afghanistan, or the 
Secretary’s designee, to provide assistance, with the con-
currence of the Secretary of State, to the security forces 
of Afghanistan, including the provision of equipment, sup-
plies, services, training, facility and infrastructure repair, 
renovation, and construction, and funding: Provided fur-
ther, That the authority to provide assistance under this 
heading is in addition to any other authority to provide 
assistance to foreign nations: Provided further, That con-
tributions of funds for the purposes provided herein from 
any person, foreign government, or international organiza-
tion may be credited to this Fund and used for such pur-
poses: Provided further, That the Secretary of Defense
130 
shall notify the congressional defense committees in writ-
ing upon the receipt and upon the obligation of any con-
tribution, delineating the sources and amounts of the 
funds received and the specific use of such contributions: 
Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to obligating from this appro-
priation account, notify the congressional defense commit-
tees in writing of the details of any such obligation: Pro-
vided further, That the amount under this heading is des-
ignated as being for overseas deployments and other ac-
tivities pursuant to section 423(a)(1) of S. Con. Res. 13 
(111th Congress), the concurrent resolution on the budget 
for fiscal year 2010. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, 
Army’’, $1,636,229,000, to remain available until Sep-
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, 
Army’’, $469,470,000, to remain available until Sep-
131 
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons
and
Tracked
Combat
Vehicles,
Army’’, 
$1,219,466,000, to remain available until September 30, 
2012: Provided, That the amount under this heading is 
designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Am-
munition, Army’’, $370,635,000, to remain available until 
September 30, 2012: Provided, That the amount under 
this heading is designated as being for overseas deploy-
ments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent reso-
lution on the budget for fiscal year 2010.
132 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $5,635,306,000, to remain available until Sep-
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, 
Navy’’, $889,097,000, to remain available until September 
30, 2012: Provided, That the amount under this heading 
is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procure-
ment, Navy’’, $73,700,000, to remain available until Sep-
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010.
133 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $698,780,000, to re-
main available until September 30, 2012: Provided, That 
the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to sec-
tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, 
Navy’’, $260,797,000, to remain available until September 
30, 2012: Provided, That the amount under this heading 
is designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $1,100,268,000, to remain available until Sep-
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010.
134 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, 
Air Force’’, $825,718,000, to remain available until Sep-
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $36,625,000, to remain available until Sep-
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, Air Force’’, $256,819,000, to remain available 
until September 30, 2012: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments
and
other
activities
pursuant
to
section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010.
135 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, 
Air Force’’, $2,275,238,000, to remain available until 
September 30, 2012: Provided, That the amount under 
this heading is designated as being for overseas deploy-
ments and other activities pursuant to section 423(a)(1) 
of S. Con. Res. 13 (111th Congress), the concurrent reso-
lution on the budget for fiscal year 2010. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, De-
fense-Wide’’, $489,980,000, to remain available until Sep-
tember 30, 2012: Provided, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of items of equipment as designated 
by the Chief of the National Guard Bureau and the Chiefs 
of
the
reserve
components
of
the
Armed
Forces, 
$500,000,000, to remain available for obligation until Sep-
tember 30, 2012, of which $300,000,000 shall be available 
only for the Army National Guard: Provided, That the 
Chiefs of National Guard and Reserve components shall, 
not later than 30 days after the enactment of this Act,
136 
individually submit to the congressional defense commit-
tees the modernization priority assessment for their re-
spective National Guard or Reserve component: Provided 
further, That the amount under this heading is designated 
as being for overseas deployments and other activities pur-
suant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
RAPID ACQUISITION FUND 
(INCLUDING TRANSFER OF FUNDS) 
There is hereby established in the Treasury of the 
United States the Rapid Acquisition Fund. For the Rapid 
Acquisition Fund, $40,000,000, to remain available until 
September 30, 2012: Provided, That such funds shall be 
available to the Secretary of Defense, with the advice of 
the Chairman of the Joint Chiefs of Staff, for the purpose 
of providing for Joint Urgent Operational Needs: Provided 
further, That the Secretary of Defense may transfer such 
funds to appropriations for operation and maintenance; 
procurement; and research, development, test and evalua-
tion: Provided further, That funds so transferred shall be 
merged with and shall be available for the same purposes 
and the same time period as that account to which trans-
ferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation
137 
are not necessary for the purposes provided herein, such 
funds may be transferred back to this appropriation: Pro-
vided further, That the transfer authority provided herein 
is in addition to any other transfer authority available to 
the Department of Defense: Provided further, That the 
amount under this heading is designated as being for over-
seas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND 
(INCLUDING TRANSFER OF FUNDS) 
For the Mine Resistant Ambush Protected Vehicle 
Fund, $3,606,000,000, to remain available until Sep-
tember 30, 2011: Provided, That such funds shall be avail-
able to the Secretary of Defense, notwithstanding any 
other provision of law, to procure, sustain, transport, and 
field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only 
to appropriations for operation and maintenance; procure-
ment; research, development, test and evaluation; and de-
fense working capital funds to accomplish the purpose pro-
vided herein: Provided further, That this transfer author-
ity is in addition to any other transfer authority available 
to the Department of Defense: Provided further, That 
upon a determination that all or part of the funds trans-
138 
ferred from this appropriation are not necessary for the 
purposes provided herein, such funds may be transferred 
back to this appropriation: Provided further, That the Sec-
retary shall, not fewer than 10 days prior to making trans-
fers from this appropriation, notify the congressional de-
fense committees in writing of the details of any such 
transfer: Provided further, That the amount under this 
heading is designated as being for overseas deployments 
and other activities pursuant to section 423(a)(1) of S. 
Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010. 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
ARMY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $57,962,000, to re-
main available until September 30, 2011: Provided, That 
the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to sec-
tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.
139 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
NAVY 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $38,280,000, to re-
main available until September 30, 2011: Provided, That 
the amount under this heading is designated as being for 
overseas deployments and other activities pursuant to sec-
tion 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
AIR FORCE 
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $29,286,000, to 
remain available until September 30, 2011: Provided, 
That the amount under this heading is designated as 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment,
Test
and
Evaluation,
Defense-Wide’’, 
$115,826,000, to remain available until September 30, 
2011: Provided, That the amount under this heading is
140 
designated as being for overseas deployments and other 
activities pursuant to section 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the 
budget for fiscal year 2010. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working 
Capital
Funds’’,
$412,215,000:
Provided,
That
the 
amount under this heading is designated as being for over-
seas deployments and other activities pursuant to section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $1,155,235,000, which shall be for operation and 
maintenance: Provided, That the amount under this head-
ing is designated as being for overseas deployments and 
other activities pursuant to section 423(a)(1) of S. Con. 
Res. 13 (111th Congress), the concurrent resolution on 
the budget for fiscal year 2010. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Drug Interdiction and 
Counter-Drug Activities’’, $317,603,000, to remain avail-
141 
able until September 30, 2011: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments
and
other
activities
pursuant
to
section 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Joint Improvised Ex-
plosive Device Defeat Fund’’, $1,490,000,000, of which 
$730,000,000 shall be for Attack the Network, to remain 
available until September 30, 2011; $600,000,000 shall be 
for Defeat the Device, to remain available until September 
30, 2012; and $160,000,000 shall be for Train the Force, 
to remain available until September 30, 2010: Provided, 
That the amount under this heading is designated as 
being for overseas deployments and other activities pursu-
ant to section 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the In-
spector General’’, $8,876,000: Provided, That the amount 
under this heading is designated as being for overseas de-
ployments
and
other
activities
pursuant
to
section
142 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of 
law, funds made available in this title are in addition to 
amounts appropriated or otherwise made available for the 
Department of Defense for fiscal year 2010. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Of-
fice
of
Management
and
Budget,
transfer
up
to 
$3,000,000,000 between the appropriations or funds made 
available to the Department of Defense in this title, with 
the exception of the ‘‘Overseas Contingency Operations 
Transfer Fund’’: Provided, That the Secretary shall notify 
the Congress promptly of each transfer made pursuant to 
the authority in this section: Provided further, That the 
authority provided in this section is in addition to any 
other transfer authority available to the Department of 
Defense and is subject to the same terms and conditions 
as the authority provided in the Department of Defense 
Appropriations Act, 2010: Provided further, That the 
amount in this section is designated as being for overseas 
deployments and other activities pursuant to section
143 
423(a)(1) of S. Con. Res. 13 (111th Congress), the con-
current resolution on the budget for fiscal year 2010. 
SEC. 9003. Supervision and administration costs as-
sociated with a construction project funded with appro-
priations available for operation and maintenance or the 
‘‘Afghanistan Security Forces Fund’’ provided in this Act 
and executed in direct support of overseas contingency op-
erations in Afghanistan or Iraq, may be obligated at the 
time a construction contract is awarded: Provided, That 
for the purpose of this section, supervision and adminis-
tration costs include all in-house Government costs. 
SEC. 9004. From funds made available in this title, 
the Secretary of Defense may purchase motor vehicles for 
use by military and civilian employees of the Department 
of Defense in Iraq and Afghanistan, up to a limit of 
$75,000 per vehicle, notwithstanding other limitations ap-
plicable to passenger carrying motor vehicles. 
SEC. 9005. Not to exceed $1,300,000,000 of the 
amount appropriated in this title under the heading ‘‘Op-
eration and Maintenance, Army’’ may be used, notwith-
standing any other provision of law, to fund the Com-
mander’s Emergency Response Program, for the purpose 
of enabling military commanders in Iraq and Afghanistan 
to respond to urgent humanitarian relief and reconstruc-
tion requirements within their areas of responsibility: Pro-
144 
vided, That not later than 15 days after the end of each 
fiscal year quarter, the Secretary of Defense shall submit 
to the congressional defense committees a report regard-
ing the source of funds and the allocation and use of funds 
during that quarter that were made available pursuant to 
the authority provided in this section or under any other 
provision of law for the purposes described herein: Pro-
vided further, That, of the funds provided, $500,000,000 
shall not be available until 5 days after the Secretary of 
Defense has completed a thorough review of the Com-
mander’s Emergency Response Program and provided a 
report on his findings to the congressional defense com-
mittees. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, not-
withstanding any other provision of law, to provide sup-
plies, services, transportation, including airlift and sealift, 
and other logistical support to coalition forces supporting 
military and stability operations in Iraq and Afghanistan: 
Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees 
regarding support provided under this section. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9007. During fiscal year 2010 and from funds 
in the ‘‘Defense Cooperation Account’’, as established by
145 
10 U.S.C. 2608, the Secretary of Defense may transfer 
not to exceed $6,500,000 to such appropriations or funds 
of the Department of Defense as the Secretary shall deter-
mine for use consistent with the purposes for which such 
funds were contributed and accepted: Provided, That such 
amounts shall be available for the same time period as 
the appropriation to which transferred: Provided further, 
That the Secretary shall report to the Congress all trans-
fers made pursuant to this authority: Provided further, 
That the amount in this section is designated as being 
for overseas deployments and other activities pursuant to 
section 423(a)(1) of S. Con. Res. 13 (111th Congress), 
the concurrent resolution on the budget for fiscal year 
2010. 
SEC. 9008. None of the funds appropriated or other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for 
a purpose as follows: 
(1) To establish any military installation or 
base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Iraq. 
(2) To exercise United States control over any 
oil resource of Iraq. 
(3) To establish any military installation or 
base for the purpose of providing for the permanent
146 
stationing of United States Armed Forces in Af-
ghanistan. 
SEC. 9009. None of the funds made available in this 
Act may be used in contravention of the following laws 
enacted or regulations promulgated to implement the 
United Nations Convention Against Torture and Other 
Cruel, Inhuman or Degrading Treatment or Punishment 
(done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States 
Code. 
(2) Section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Fed-
eral Regulations, and part 95 of title 22, Code of 
Federal Regulations. 
(3) Sections 1002 and 1003 of the Department 
of Defense, Emergency Supplemental Appropriations 
to Address Hurricanes in the Gulf of Mexico, and 
Pandemic Influenza Act, 2006 (Public Law 109– 
148). 
SEC. 9010. (a) REPORT ON IRAQ TROOP DRAWDOWN 
STATUS, GOALS, AND TIMETABLE.—In recognition and 
support of the policy of President Barack Obama to with-
147 
draw all United States combat brigades from Iraq by Au-
gust 31, 2010, and all United States military forces from 
Iraq on December 31, 2011, Congress directs the Sec-
retary of Defense (in consultation with other members of 
the National Security Council) to prepare a report that 
identifies troop drawdown status and goals and includes— 
(1) a detailed, month-by-month description of 
the transition of United States military forces and 
equipment out of Iraq; and 
(2) a detailed, month-by-month description of 
the transition of United States contractors out of 
Iraq. 
(b) ELEMENTS OF REPORT.—At a minimum, the 
Secretary of Defense shall address the following: 
(1) How the Government of Iraq is assuming 
the responsibility for reconciliation initiatives as the 
mission of the United States Armed Forces transi-
tions. 
(2) How the drawdown of military forces com-
plies with the President’s planned withdrawal of 
combat brigades by August 31, 2010, and all United 
States forces by December 31, 2011. 
(3) The roles and responsibilities of remaining 
contractors in Iraq as the United States mission 
evolves, including the anticipated number of United
148 
States contractors to remain in Iraq after August 
31, 2010, and December 31, 2011. 
(c) SUBMISSION.— 
(1) Not later than 90 days after the date of en-
actment of this Act, and every 90 days thereafter 
through September 30, 2010, the Secretary of De-
fense shall submit the report required by subsection 
(a) and a classified annex to the report, as nec-
essary. 
(2) The Secretary may submit the report re-
quired by subsection (a) separately as provided in 
paragraph (1) or include the information required by 
this report when submitting reports required of the 
Secretary under section 9204 of the Supplemental 
Appropriations Act, 2008 (Public Law 110–252; 
122 Stat. 2410). 
TITLE X 
ADDITIONAL GENERAL PROVISIONS 
SEC. 1001. Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense shall 
submit to Congress a report on the use of hyperbaric oxy-
gen therapy (in this section referred to as ‘‘HBOT’’) 
under the Secretary of Defense. Such report shall include 
the following:
149 
(1) The number of members of the Armed 
Forces, veterans, and civilians being treated with 
HBOT. 
(2) The types of conditions being treated with 
HBOT and the respective success rates for each con-
dition. 
(3) The current inventory of all hyperbaric 
chambers being used by the Secretary of Defense 
(including the locations, the purposes, and the rate 
of use of such chambers). 
(4) Any plans for expanding the use of HBOT 
for treatment. 
This Act may be cited as the ‘‘Department of Defense 
Appropriations Act, 2010’’. 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2010, for military func-
tions administered by the Department of Defense and for 
other purposes, namely: 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational
150 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Army on active 
duty, (except members of reserve components provided for 
elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers’ Training Corps; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $41,267,448,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Navy on active 
duty (except members of the Reserve provided for elsewhere), 
midshipmen, and aviation cadets; for members of the Re-
serve Officers’ Training Corps; and for payments pursuant 
to section 156 of Public Law 97–377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $25,440,472,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between
151 
permanent duty stations, for members of the Marine Corps 
on active duty (except members of the Reserve provided for 
elsewhere); and for payments pursuant to section 156 of 
Public Law 97–377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, 
$12,883,790,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Air Force on 
active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers’ Training Corps; and for payments 
pursuant to section 156 of Public Law 97–377, as amended 
(42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $26,378,761,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 3038 
of title 10, United States Code, or while serving on active 
duty under section 12301(d) of title 10, United States Code, 
in connection with performing duty specified in section
152 
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$4,286,656,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, United 
States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with 
performing duty specified in section 12310(a) of title 10, 
United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and expenses 
authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military 
Retirement Fund, $1,905,166,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine 
Corps Reserve on active duty under section 10211 of title 
10, United States Code, or while serving on active duty 
under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section
153 
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty, and for members of the Marine Corps platoon 
leaders class, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund, 
$611,500,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Force 
Reserve on active duty under sections 10211, 10305, and 
8038 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in sec-
tion 12310(a) of title 10, United States Code, or while un-
dergoing reserve training, or while performing drills or 
equivalent duty or other duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement 
Fund, $1,584,712,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Na-
tional Guard while on duty under section 10211, 10302, 
or 12402 of title 10 or section 708 of title 32, United States
154 
Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$7,535,088,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Na-
tional Guard on duty under section 10211, 10305, or 12402 
of title 10 or section 708 of title 32, United States Code, 
or while serving on duty under section 12301(d) of title 10 
or section 502(f) of title 32, United States Code, in connec-
tion with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, 
or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense 
Military Retirement Fund, $2,923,599,000.
155 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Army, as authorized 
by law; and not to exceed $12,478,000 can be used for emer-
gencies and extraordinary expenses, to be expended on the 
approval or authority of the Secretary of the Army, and 
payments may be made on his certificate of necessity for 
confidential military purposes, $30,667,886,000. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Navy and the Marine 
Corps, as authorized by law; and not to exceed $14,657,000 
can be used for emergencies and extraordinary expenses, to 
be expended on the approval or authority of the Secretary 
of the Navy, and payments may be made on his certificate 
of 
necessity 
for 
confidential 
military 
purposes, 
$34,773,497,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Marine Corps, as au-
thorized by law, $5,435,923,000.
156 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of the Air Force, as author-
ized by law; and not to exceed $7,699,000 can be used for 
emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Air Force, 
and payments may be made on his certificate of necessity 
for confidential military purposes, $33,739,447,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance of activities and agencies 
of the Department of Defense (other than the military de-
partments), as authorized by law, $28,205,050,000: Pro-
vided, That not more than $50,000,000 may be used for 
the Combatant Commander Initiative Fund authorized 
under section 166a of title 10, United States Code: Provided 
further, That not to exceed $36,000,000 can be used for 
emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of Defense, and 
payments may be made on his certificate of necessity for 
confidential military purposes: Provided further, That of 
the funds provided under this heading, not less than 
$29,732,000 shall be made available for the Procurement 
Technical Assistance Cooperative Agreement Program, of
157 
which not less than $3,600,000 shall be available for centers 
defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available 
by this Act may be used to plan or implement the consolida-
tion of a budget or appropriations liaison office of the Office 
of the Secretary of Defense, the office of the Secretary of 
a military department, or the service headquarters of one 
of the Armed Forces into a legislative affairs or legislative 
liaison office: Provided further, That $6,667,000, to remain 
available until expended, is available only for expenses re-
lating to certain classified activities, and may be trans-
ferred as necessary by the Secretary to operation and main-
tenance appropriations or research, development, test and 
evaluation appropriations, to be merged with and to be 
available for the same time period as the appropriations 
to which transferred: Provided further, That any ceiling on 
the investment item unit cost of items that may be pur-
chased with operation and maintenance funds shall not 
apply to the funds described in the preceding proviso: Pro-
vided further, That the transfer authority provided under 
this heading is in addition to any other transfer authority 
provided elsewhere in this Act. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
158 
zation, and administration, of the Army Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $2,582,624,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Navy Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,272,501,000. 
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve; 
repair of facilities and equipment; hire of passenger motor 
vehicles; travel and transportation; care of the dead; recruit-
ing; procurement of services, supplies, and equipment; and 
communications, $219,425,000. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For expenses, not otherwise provided for, necessary for 
the operation and maintenance, including training, organi-
zation, and administration, of the Air Force Reserve; repair
159 
of facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $3,085,700,000. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and 
hospital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures 
and facilities; hire of passenger motor vehicles; personnel 
services in the National Guard Bureau; travel expenses 
(other than mileage), as authorized by law for Army per-
sonnel on active duty, for Army National Guard division, 
regimental, and battalion commanders while inspecting 
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National 
Guard Bureau; supplying and equipping the Army Na-
tional Guard as authorized by law; and expenses of repair, 
modification, maintenance, and issue of supplies and 
equipment (including aircraft), $5,989,034,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and admin-
istering the Air National Guard, including medical and 
hospital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures
160 
and facilities; transportation of things, hire of passenger 
motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modifica-
tion, maintenance, and issue of supplies and equipment, 
including those furnished from stocks under the control of 
agencies of the Department of Defense; travel expenses (other 
than mileage) on the same basis as authorized by law for 
Air National Guard personnel on active Federal duty, for 
Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when 
specifically authorized by the Chief, National Guard Bu-
reau, $5,857,011,000. 
UNITED STATES COURT OF APPEALS FOR THE ARMED 
FORCES 
For salaries and expenses necessary for the United 
States Court of Appeals for the Armed Forces, $13,932,000, 
of which not to exceed $5,000 may be used for official rep-
resentation purposes. 
ENVIRONMENTAL RESTORATION, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $430,864,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings
161 
and debris of the Department of the Army, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Army, to be merged with and to be available 
for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred 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 addi-
tion to any other transfer authority provided elsewhere in 
this Act. 
ENVIRONMENTAL RESTORATION, NAVY 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Navy, $285,869,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar 
purposes, transfer the funds made available by this appro-
priation to other appropriations made available to the De-
partment of the Navy, to be merged with and to be available 
for the same purposes and for the same time period as the
162 
appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred from this appropriation are not necessary for the 
purposes provided herein, such amounts may be transferred 
back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addi-
tion to any other transfer authority provided elsewhere in 
this Act. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $494,276,000, 
to remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that 
such funds are required for environmental restoration, re-
duction and recycling of hazardous waste, removal of unsafe 
buildings and debris of the Department of the Air Force, 
or for similar purposes, transfer the funds made available 
by this appropriation to other appropriations made avail-
able to the Department of the Air Force, to be merged with 
and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: 
Provided further, That upon a determination that all or 
part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation:
163 
Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer au-
thority provided elsewhere in this Act. 
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of Defense, $11,100,000, to remain 
available until transferred: Provided, That the Secretary of 
Defense shall, upon determining that such funds are re-
quired for environmental restoration, reduction and recy-
cling of hazardous waste, removal of unsafe buildings and 
debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to 
other appropriations made available to the Department of 
Defense, to be merged with and to be available for the same 
purposes and for the same time period as the appropria-
tions 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 pro-
vided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer author-
ity provided under this heading is in addition to any other 
transfer authority provided elsewhere in this Act.
164 
ENVIRONMENTAL RESTORATION, FORMERLY USED 
DEFENSE SITES 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Army, $307,700,000, to re-
main available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such funds 
are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of De-
fense, transfer the funds made available by this appropria-
tion to other appropriations made available to the Depart-
ment of the Army, to be merged with and to be available 
for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds trans-
ferred 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 addi-
tion to any other transfer authority provided elsewhere in 
this Act. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, 
Disaster, and Civic Aid programs of the Department of De-
fense (consisting of the programs provided under sections
165 
401, 402, 404, 407, 2557, and 2561 of title 10, United 
States Code), $109,869,000, to remain available until Sep-
tember 30, 2011. 
COOPERATIVE THREAT REDUCTION ACCOUNT 
For assistance to the republics of the former Soviet 
Union and, with appropriate authorization by the Depart-
ment of Defense and Department of State, to countries out-
side of the former Soviet Union, including assistance pro-
vided by contract or by grants, for facilitating the elimi-
nation and the safe and secure transportation and storage 
of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons 
components, and weapon-related technology and expertise; 
for programs relating to the training and support of defense 
and military personnel for demilitarization and protection 
of weapons, weapons components and weapons technology 
and expertise, and for defense and military contacts, 
$424,093,000, to remain available until September 30, 
2012: Provided, That of the amounts provided under this 
heading, not less than $15,000,000 shall be available only 
to support the dismantling and disposal of nuclear sub-
marines, submarine reactor components, and security en-
hancements for transport and storage of nuclear warheads 
in the Russian Far East and North.
166 
DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE 
DEVELOPMENT FUND 
For the Department of Defense Acquisition Workforce 
Development Fund, $100,000,000. 
TITLE III 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and 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, 
$5,244,252,000, to remain available for obligation until 
September 30, 2012. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including 
ordnance, ground handling equipment, spare parts, and ac-
168 
$2,310,007,000, to remain available for obligation until 
September 30, 2012. 
PROCUREMENT OF AMMUNITION, ARMY 
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, 
$2,049,995,000, to remain available for obligation until 
September 30, 2012. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modi-
fication of vehicles, including tactical, support, and non- 
tracked combat vehicles; the purchase of passenger motor ve-
hicles for replacement only; and the purchase of eight vehi-
cles required for physical security of personnel, notwith-
standing price limitations applicable to passenger vehicles 
but not to exceed $250,000 per vehicle; communications and
169 
electronic equipment; other support equipment; spare parts, 
ordnance, and accessories therefor; specialized equipment 
and training devices; expansion of public and private 
plants, including the land necessary therefor, for the fore-
going purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes, $9,395,444,000, to remain 
available for obligation until September 30, 2012. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and in-
stallation of equipment, appliances, and machine tools in 
public and private plants; reserve plant and Government 
and 
contractor-owned 
equipment 
layaway, 
$18,079,312,000, to remain available for obligation until 
September 30, 2012.
170 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts, 
and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and 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, 
$3,446,419,000, to remain available for obligation until 
September 30, 2012. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
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
171 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$814,015,000, to remain available for obligation until Sep-
tember 30, 2012. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public 
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical, 
long lead time components and designs for vessels to be con-
structed or converted in the future; and expansion of public 
and private plants, including land necessary therefor, and 
such lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title, as 
follows: 
Carrier Replacement Program, $739,269,000; 
Carrier 
Replacement 
Program 
(AP), 
$484,432,000; 
NSSN, $1,964,317,000; 
NSSN (AP), $1,959,725,000; 
CVN Refueling, $1,563,602,000; 
CVN Refuelings (AP), $211,820,000; 
DDG–1000 Program, $1,393,797,000;
172 
DDG–51 Destroyer, $3,650,000,000; 
DDG–51 Destroyer (AP), $328,996,000; 
Littoral Combat Ship, $1,080,000,000; 
LPD–17, $872,392,000; 
LPD–17 (AP), $184,555,000; 
LHA–R (AP), $170,000,000; 
Intratheater Connector, $177,956,000; 
LCAC 
Service 
Life 
Extension 
Program, 
$63,857,000; 
Prior year shipbuilding costs, $144,950,000; 
Service Craft, $3,694,000; and 
For outfitting, post delivery, conversions, and 
first destination transportation, $391,238,000. 
In all: $15,384,600,000, to remain available for obliga-
tion until September 30, 2014: Provided, That additional 
obligations may be incurred after September 30, 2014, for 
engineering services, tests, evaluations, and other such budg-
eted work that must be performed in the final stage of ship 
construction: Provided further, That none of the funds pro-
vided under this heading for the construction or conversion 
of any naval vessel to be constructed in shipyards in the 
United States shall be expended in foreign facilities for the 
construction of major components of such vessel: Provided 
further, That none of the funds provided under this heading
173 
shall be used for the construction of any naval vessel in 
foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of 
support equipment and materials not otherwise provided 
for, Navy ordnance (except ordnance for new aircraft, new 
ships, and ships authorized for conversion); the purchase 
of passenger motor vehicles for replacement only, and the 
purchase of seven vehicles required for physical security of 
personnel, notwithstanding price limitations applicable to 
passenger vehicles but not to exceed $250,000 per vehicle; 
expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior 
to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and con-
tractor-owned equipment layaway, $5,499,413,000, to re-
main available for obligation until September 30, 2012. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufac-
ture, and modification of missiles, armament, military 
equipment, spare parts, and accessories therefor; plant 
equipment, appliances, and machine tools, and installation 
thereof in public and private plants; reserve plant and Gov-
174 
ernment and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger 
motor vehicles for replacement only; and expansion of pub-
lic and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, 
$1,550,080,000, to remain available for obligation until 
September 30, 2012. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For construction, procurement, and modification of 
aircraft and equipment, including armor and armament, 
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, $13,148,720,000, to remain available 
for obligation until September 30, 2012.
175 
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, $6,070,344,000, 
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
176 
machine tools in public and private plants; reserve plant 
and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$815,246,000, 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, $17,283,800,000, to re-
main available for obligation until September 30, 2012.
177 
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, $4,017,697,000, to re-
main available for obligation until September 30, 2012. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons, and other procure-
ment for the reserve components of the Armed Forces, 
$1,500,000,000, to remain available for obligation until 
September 30, 2012: Provided, That the Chiefs of the Re-
serve and National Guard components shall, not later than 
30 days after the enactment of this Act, individually submit 
to the congressional defense committees the modernization 
priority assessment for their respective Reserve or National 
Guard component.
178 
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), 
$149,746,000, 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, $10,653,126,000, 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, $19,148,509,000, 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.
179 
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, $28,049,015,000, 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, $20,408,968,000, 
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
180 
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, $1,242,758,000, 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;
181 
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, 
$28,311,113,000; 
of 
which 
$26,990,219,000 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 $322,142,000, to remain 
available for obligation until September 30, 2012, shall be
182 
for procurement; and of which $998,752,000, to remain 
available for obligation until September 30, 2011, shall be 
for research, development, test and evaluation. 
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, $1,539,869,000, of which $1,125,911,000 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
183 
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, $1,103,086,000: 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. 
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
184 
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, $750,812,000.
185 
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.
186 
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
187 
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 must 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) 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-
188 
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. 8007. 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-
189 
grades and additions to Alaskan range infrastructure and 
training areas, and improved access to these ranges. 
(TRANSFER OF FUNDS) 
SEC. 8008. 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. 8009. Funds appropriated by this Act may not 
be used to initiate a special access program without prior
190 
notification 30 calendar days in advance to the congres-
sional defense committees. 
SEC. 8010. 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
191 
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 budget request for full funding of units to 
be procured through the contract and, in the case of 
a contract for procurement of aircraft, that includes, 
for any aircraft unit to be procured through the con-
tract for which procurement funds are requested in 
that budget request for production beyond advance 
procurement activities in the fiscal year covered by 
the budget, full funding of procurement of such unit 
in that fiscal year; 
(2) cancellation provisions in the contract do not 
include consideration of recurring manufacturing 
costs of the contractor associated with the production 
of unfunded units to be delivered under the contract; 
(3) the contract provides that payments to the 
contractor under the contract shall not be made in 
advance of incurred costs on funded units; and 
(4) the contract does not provide for a price ad-
justment based on a failure to award a follow-on con-
tract.
192 
SEC. 8011. 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
193 
Marshall Islands, the Federated States of Micronesia, 
Palau, and Guam. 
SEC. 8012. (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. 8013. 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. 8014. 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-
194 
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. 8015. (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—
195 
(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
196 
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,
197 
subsection (h) of section 2304 of title 10, United States 
Code, for the competition or outsourcing of commercial ac-
tivities. 
(TRANSFER OF FUNDS) 
SEC. 8016. 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. 8017. 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 manufactured will include cutting, 
heat treating, quality control, testing of chain and welding 
(including the forging and shot blasting process): Provided 
further, That for the purpose of this section substantially
198 
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 adequate 
domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the 
service responsible for the procurement may waive this re-
striction on a case-by-case basis by certifying in writing 
to the Committees on Appropriations that such an acquisi-
tion must be made in order to acquire capability for na-
tional security purposes. 
SEC. 8018. 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. 
SEC. 8019. 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-
199 
sional defense committees that such a relocation is required 
in the best interest of the Government. 
SEC. 8020. 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
200 
a small business owned and controlled by an individual or 
individuals defined under section 4221(9) of title 25, 
United States Code. 
SEC. 8021. 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. 8022. 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 a period of 24 months after initiation 
of such study with respect to a single function activity or 
30 months after initiation of such study for a multi-func-
tion activity. 
SEC. 8023. 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. 8024. (a) Of the funds made available in this 
Act, not less than $25,756,000 shall be available for the 
Civil Air Patrol Corporation, of which—
201 
(1) $22,433,000 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) $2,426,000 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. 8025. (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
202 
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
203 
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 $120,200,000. 
SEC. 8026. 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
204 
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. 8027. 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. 8028. 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.
205 
SEC. 8029. (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.
206 
(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. 8030. 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. 8031. (a) Notwithstanding any other provision 
of law, the Secretary of the Air Force may convey at no 
cost to the Air Force, without consideration, to Indian 
tribes located in the States of Nevada, Idaho, North 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
207 
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. 8032. During the current fiscal year, appropria-
tions which are available to the Department of Defense for 
operation and maintenance may be used to purchase items 
having an investment item unit cost of not more than 
$250,000. 
SEC. 8033. (a) During the current fiscal year, none 
of the appropriations or funds available to the Department 
of Defense Working Capital Funds shall be used for the 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
208 
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. 8034. 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
209 
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. 8035. 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. 8036. 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.
210 
SEC. 8037. (a) None of the funds appropriated in this 
Act may be expended by an entity of the Department of 
Defense unless the entity, in expending the funds, 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.
211 
SEC. 8038. None of the funds appropriated by this Act 
shall be available for a contract for studies, analysis, or 
consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the activ-
ity responsible for the procurement determines— 
(1) as a result of thorough technical evaluation, 
only one source is found fully qualified to perform the 
proposed work; 
(2) the purpose of the contract is to explore an 
unsolicited proposal which offers significant scientific 
or technological promise, represents the product of 
original thinking, and was submitted in confidence 
by one source; or 
(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new 
product or idea of a specific concern is given finan-
cial support: Provided, That this limitation shall not 
apply to contracts in an amount of less than $25,000, 
contracts related to improvements of equipment that 
is in development or production, or contracts as to 
which a civilian official of the Department of Defense, 
who has been confirmed by the Senate, determines 
that the award of such contract is in the interest of 
the national defense.
212 
SEC. 8039. (a) Except as provided in subsections (b) 
and (c), none of the funds made available by this Act may 
be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the 
Armed Forces or civilian employee of the department 
who is transferred or reassigned from a headquarters 
activity if the member or employee’s place of duty re-
mains at the location of that headquarters. 
(b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), 
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver 
will reduce the personnel requirements or the financial re-
quirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the 
National Intelligence Program; or 
(2) an Army field operating agency established 
to eliminate, mitigate, or counter the effects of impro-
vised explosive devices, and, as determined by the Sec-
retary of the Army, other similar threats.
213 
(RESCISSIONS) 
SEC. 8040. Of the funds appropriated in Department 
of Defense Appropriations Acts, the following funds are 
hereby rescinded from the following accounts and programs 
in the specified amounts: 
‘‘Research, Development, Test and Evaluation, 
Air Force, 2009/2010’’, $110,230,000; 
‘‘Research, Development, Test and Evaluation, 
Defense-Wide, 2009/2010’’, $199,750,000; 
‘‘Procurement of Weapons and Tracked Combat 
Vehicles, Army, 2009/2011’’, $41,087,000; 
‘‘Other 
Procurement, 
Army, 
2009/2011’’, 
$138,239,000; 
‘‘Aircraft Procurement, Air Force, 2009/2011’’, 
$628,900,000; 
‘‘Missile Procurement, Air Force, 2009/2011’’, 
$147,595,000; 
‘‘Other Procurement, Air Force, 2009/2011’’, 
$5,000,000; 
‘‘Procurement, 
Defense-Wide, 
2009/2011’’, 
$5,200,000; and 
‘‘Procurement, 
Defense-Wide, 
2008/2010’’, 
$2,000,000. 
SEC. 8041. None of the funds available in this Act may 
be used to reduce the authorized positions for military (ci-
214 
vilian) technicians of the Army National Guard, Air Na-
tional Guard, Army Reserve and Air Force Reserve for the 
purpose of applying any administratively imposed civilian 
personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a 
reduction in military force structure. 
SEC. 8042. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic 
of Korea unless specifically appropriated for that purpose. 
SEC. 8043. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available 
for reimbursement of pay, allowances and other expenses 
which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the 
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Intel-
ligence Program and the Military Intelligence Program: 
Provided, That nothing in this section authorizes deviation 
from established Reserve and National Guard personnel and 
training procedures.
215 
SEC. 8044. During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the 
civilian medical and medical support personnel assigned to 
military treatment facilities below the September 30, 2003, 
level: Provided, That the Service Surgeons General may 
waive this section by certifying to the congressional defense 
committees that the beneficiary population is declining in 
some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and 
capitation-based budgeting. 
SEC. 8045. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any 
other department or agency of the United States except as 
specifically provided in an appropriations law. 
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and 
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law. 
SEC. 8046. None of the funds appropriated by this Act 
may be used for the procurement of ball and roller bearings 
other than those produced by a domestic source and of do-
mestic origin: Provided, That the Secretary of the military 
department responsible for such procurement may waive
216 
this restriction on a case-by-case basis by certifying in writ-
ing to the Committees on Appropriations of the House of 
Representatives and the Senate, that adequate domestic 
supplies are not available to meet Department of Defense 
requirements on a timely basis and that such an acquisition 
must be made in order to acquire capability for national 
security purposes: Provided further, That this restriction 
shall not apply to the purchase of ‘‘commercial items’’, as 
defined by section 4(12) of the Office of Federal Procure-
ment Policy Act, except that the restriction shall apply to 
ball or roller bearings purchased as end items. 
SEC. 8047. None of the funds in this Act may be used 
to purchase any supercomputer which is not manufactured 
in the United States, unless the Secretary of Defense cer-
tifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for 
national security purposes that is not available from 
United States manufacturers. 
SEC. 8048. None of the funds made available in this 
or any other Act may be used to pay the salary of any 
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative respon-
sibilities or budgetary resources of any program, project, 
or activity financed by this Act to the jurisdiction of an-
other Federal agency not financed by this Act without the
217 
express authorization of Congress: Provided, That this limi-
tation shall not apply to transfers of funds expressly pro-
vided for in Defense Appropriations Acts, or provisions of 
Acts providing supplemental appropriations for the De-
partment of Defense. 
SEC. 8049. (a) Notwithstanding any other provision 
of law, none of the funds available to the Department of 
Defense for the current fiscal year may be obligated or ex-
pended to transfer to another nation or an international 
organization any defense articles or services (other than in-
telligence services) for use in the activities described in sub-
section (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the Senate 
are notified 15 days in advance of such transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter VI 
or chapter VII of the United Nations Charter under 
the authority of a United Nations Security Council 
resolution; and 
(2) any other international peacekeeping, peace- 
enforcement, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the fol-
lowing—
218 
(1) A description of the equipment, supplies, or 
services to be transferred. 
(2) A statement of the value of the equipment, 
supplies, or services to be transferred. 
(3) In the case of a proposed transfer of equip-
ment or supplies— 
(A) a statement of whether the inventory re-
quirements of all elements of the Armed Forces 
(including the reserve components) for the type 
of equipment or supplies to be transferred have 
been met; and 
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced 
and, if so, how the President proposes to provide 
funds for such replacement. 
SEC. 8050. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment of Defense for costs of any amount paid by the 
contractor to an employee when— 
(1) such costs are for a bonus or otherwise in ex-
cess of the normal salary paid by the contractor to the 
employee; and 
(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
219 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8051. During the current fiscal year, no more 
than $30,000,000 of appropriations made in this Act under 
the heading ‘‘Operation and Maintenance, Defense-Wide’’ 
may be transferred to appropriations available for the pay 
of military personnel, to be merged with, and to be available 
for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in con-
nection with support and services for eligible organizations 
and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code. 
SEC. 8052. (a) IN GENERAL.—Service as a member 
of the Alaska Territorial Guard during World War II of 
any individual who was honorably discharged therefrom 
under section 8147 of the Department of Defense Appro-
priations Act, 2001 (Public Law 106–259; 114 Stat. 705) 
shall be treated as active service for purposes of the com-
putation under chapter 61, 71, 371, 571, 871, or 1223 of 
title 10, United States Code, as applicable, of the retired 
pay to which such individual may be entitled under title 
10, United States Code. 
(b) APPLICABILITY.—Subsection (a) shall apply with 
respect to amounts of retired pay payable under title 10, 
United States Code, for months beginning on or after the 
date of the enactment of this Act. No retired pay shall be
220 
paid to any individual by reason of subsection (a) for any 
period before that date. 
(c) WORLD WAR II DEFINED.—In this section, the 
term ‘‘World War II’’ has the meaning given that term in 
section 101(8) of title 38, United States Code. 
SEC. 8053. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation. 
SEC. 8054. Using funds available by this Act or any 
other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States 
Code, may implement cost-effective agreements for required 
heating facility modernization in the Kaiserslautern Mili-
tary Community in the Federal Republic of Germany: Pro-
vided, That in the City of Kaiserslautern such agreements
221 
will include the use of United States anthracite as the base 
load energy for municipal district heat to the United States 
Defense installations: Provided further, That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, 
furnished heat may be obtained from private, regional or 
municipal services, if provisions are included for the con-
sideration of United States coal as an energy source. 
SEC. 8055. None of the funds appropriated in title IV 
of this Act may be used to procure end-items for delivery 
to military forces for operational training, operational use 
or inventory requirements: Provided, That this restriction 
does not apply to end-items used in development, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion does not apply to programs funded within the National 
Intelligence Program: Provided further, That the Secretary 
of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate that 
it is in the national security interest to do so. 
SEC. 8056. None of the funds made available in this 
Act may be used to approve or license the sale of the F– 
22A advanced tactical fighter to any foreign government: 
Provided, That the Department of Defense may conduct or 
participate in studies, research, design and other activities
222 
to define and develop a future export version of the F–22A 
that protects classified and sensitive information, tech-
nologies and U.S. warfighting capabilities. 
SEC. 8057. (a) The Secretary of Defense may, on a 
case-by-case basis, waive with respect to a foreign country 
each limitation on the procurement of defense items from 
foreign sources provided in law if the Secretary determines 
that the application of the limitation with respect to that 
country would invalidate cooperative programs entered into 
between the Department of Defense and the foreign country, 
or would invalidate reciprocal trade agreements for the pro-
curement of defense items entered into under section 2531 
of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items pro-
duced in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or 
after the date of the enactment of this Act; and 
(2) options for the procurement of items that are 
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application of a 
waiver granted under subsection (a). 
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
223 
ings, food, and clothing or textile materials as defined by 
section 11 (chapters 50–65) of the Harmonized Tariff 
Schedule and products classified under headings 4010, 
4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8058. (a) None of the funds made available by 
this Act may be used to support any training program in-
volving a unit of the security forces of a foreign country 
if the Secretary of Defense has received credible information 
from the Department of State that the unit has committed 
a gross violation of human rights, unless all necessary cor-
rective steps have been taken. 
(b) The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to 
conduct any training program referred to in subsection (a), 
full consideration is given to all credible information avail-
able to the Department of State relating to human rights 
violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with 
the Secretary of State, may waive the prohibition in sub-
section (a) if he determines that such waiver is required 
by extraordinary circumstances. 
(d) Not more than 15 days after the exercise of any 
waiver under subsection (c), the Secretary of Defense shall
224 
submit a report to the congressional defense committees de-
scribing the extraordinary circumstances, the purpose and 
duration of the training program, the United States forces 
and the foreign security forces involved in the training pro-
gram, and the information relating to human rights viola-
tions that necessitates the waiver. 
SEC. 8059. None of the funds appropriated or made 
available in this Act to the Department of the Navy shall 
be used to develop, lease or procure the T–AKE class of ships 
unless the main propulsion diesel engines and propulsors 
are manufactured in the United States by a domestically 
operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that adequate 
domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for 
national security purposes or there exists a significant cost 
or quality difference. 
SEC. 8060. None of the funds appropriated or other-
wise made available by this or other Department of Defense 
Appropriations Acts may be obligated or expended for the 
purpose of performing repairs or maintenance to military 
family housing units of the Department of Defense, includ-
225 
ing areas in such military family housing units that may 
be used for the purpose of conducting official Department 
of Defense business. 
SEC. 8061. Notwithstanding any other provision of 
law, funds appropriated in this Act under the heading ‘‘Re-
search, Development, Test and Evaluation, Defense-Wide’’ 
for any new start advanced concept technology demonstra-
tion project or joint capability demonstration project may 
only be obligated 30 days after a report, including a de-
scription of the project, the planned acquisition and transi-
tion strategy and its estimated annual and total cost, has 
been provided in writing to the congressional defense com-
mittees: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying to the 
congressional defense committees that it is in the national 
interest to do so. 
SEC. 8062. The Secretary of Defense shall provide a 
classified quarterly report beginning 30 days after enact-
ment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain matters 
as directed in the classified annex accompanying this Act. 
SEC. 8063. During the current fiscal year, none of the 
funds available to the Department of Defense may be used 
to provide support to another department or agency of the 
United States if such department or agency is more than