[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3326 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 6, 2009.
Resolved, That the bill from the House of Representatives (H.R.
3326) entitled ``An Act making appropriations for the Department of
Defense for the fiscal year ending September 30, 2010, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
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 functions 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 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 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, $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 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, $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 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 Reserve 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
12310(a) of title 10, United States Code, or while undergoing 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 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 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 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
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent 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 Department 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
section 12310(a) of title 10, United States Code, or while undergoing
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 payments 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 National Guard while on duty
under section 10211, 10302, 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 connection 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,
$7,535,088,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National 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
connection 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.
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 emergencies 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 authorized by law,
$5,435,923,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized 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 departments), as authorized by law,
$28,205,050,000: Provided, 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 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 consolidation 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 relating to certain classified activities, and may be
transferred as necessary by the Secretary to operation and maintenance
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
purchased with operation and maintenance funds shall not apply to the
funds described in the preceding proviso: Provided 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, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,582,624,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,272,501,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; 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, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,085,700,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; 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 personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National 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 administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
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 Bureau, $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 representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $430,864,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $285,869,000, to remain available
until transferred: Provided, That the Secretary 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 appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
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, reduction 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 available 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: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority 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 required for environmental restoration,
reduction and recycling 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 appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $307,700,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $109,869,000, to remain available until
September 30, 2011.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and,
with appropriate authorization by the Department of Defense and
Department of State, to countries outside of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons 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 submarines, submarine reactor components, and
security enhancements for transport and storage of nuclear warheads in
the Russian Far East and North.
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, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,244,252,000, to remain available for obligation until
September 30, 2012.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,257,053,000, to remain available for obligation until
September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$2,310,007,000, to remain available for obligation until September 30,
2012.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $2,049,995,000, to remain available for
obligation until September 30, 2012.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only; and the
purchase of eight vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $250,000 per vehicle; communications and electronic
equipment; other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $9,395,444,000, to
remain available for obligation until September 30, 2012.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $18,079,312,000, to remain available for obligation
until September 30, 2012.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,446,419,000, to remain available
for obligation until September 30, 2012.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $814,015,000, to remain available for
obligation until September 30, 2012.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $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;
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 obligation until
September 30, 2014: Provided, That additional obligations may be
incurred after September 30, 2014, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the 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 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 contractor-owned
equipment layaway, $5,499,413,000, to remain available for obligation
until September 30, 2012.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,550,080,000, 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 devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $13,148,720,000, to remain available for
obligation until September 30, 2012.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including 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 modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $815,246,000, to remain available for
obligation until September 30, 2012.
Other Procurement, Air Force
For procurement and modification of equipment (including 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 exceed $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 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, $17,283,800,000, to remain available for obligation until
September 30, 2012.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $4,017,697,000, to remain 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 procurement 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
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to 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 maintenance,
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 maintenance,
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.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$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 Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $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 operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support 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 Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $1,242,758,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the 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 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 chemical agents
and munitions, to include construction of facilities, in accordance
with the provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of
other chemical warfare materials that are not in the chemical weapon
stockpile, $1,539,869,000, 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 activities 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
remain available until September 30, 2012, of which no less than
$12,689,000 shall be for the Chemical Stockpile Emergency Preparedness
Program to assist State and local governments; and $401,269,000, to
remain available until September 30, 2011, shall be for research,
development, test and evaluation, of which $398,669,000 shall only be
for the Assembled 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 personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,103,086,000: 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 authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $288,100,000, of which $287,100,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain available until September
30, 2012, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement 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.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$4,000,000,000 of working 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) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the 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 unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section must be made prior to June 30,
2010: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section: Provided further, That no obligation of funds may be made
pursuant to section 1206 of Public Law 109-163 (or any successor
provision) unless the Secretary of Defense has notified the
congressional defense 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 baseline for application of
reprogramming and transfer authorities for fiscal year 2010: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.
Sec. 8007. The Secretaries of the Air Force and the Army are
authorized, using funds available under the headings ``Operation and
Maintenance, Air Force'' and ``Operation and Maintenance, Army'', to
complete facility conversions and phased repair projects which may
include upgrades and additions to Alaskan range infrastructure and
training areas, and improved access to these ranges.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Foreign Currency Fluctuations,
Defense'' appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working capital funds
in this Act, no obligations may be made against a working capital fund
to procure or increase the value of war reserve material inventory,
unless the Secretary of Defense has notified the Congress prior to any
such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs 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, unless 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
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
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 contract 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 adjustment
based on a failure to award a follow-on contract.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby 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
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust 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 Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2010, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2011 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2011 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
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 influence congressional
action on any legislation or appropriation 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 Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only to
active components of the Army.
Sec. 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 performed by more than 10 Department of
Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department 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 notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established
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 handicapped 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 Organization, 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 outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(transfer of funds)
Sec. 8016. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
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 available 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 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 restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.
Sec. 8018. None of the funds available to the Department 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 appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, 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 congressional
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 Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract 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 individuals 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 appropriated by an Act making
Appropriations for the Department 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 defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense 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-
function activity.
Sec. 8023. During the current fiscal year, the Department 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 Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
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--
(1) $22,433,000 shall be available from ``Operation 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 Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement 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
consisting of a consortium of other FFRDCs and other nonprofit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously 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 membership 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 include
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 subsection, not more than 1,100 staff years may be
funded for the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in the
National Intelligence Program (NIP) and the Military 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 during 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 facility or property under the control
of the Department of Defense 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 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 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 ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services 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
Appropriations of the House of Representatives.
Sec. 8028. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8029. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall 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 understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2010. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
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
section 2921(c)(2) of that Act.
Sec. 8031. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North 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 subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, and Minnesota.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing 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 published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8032. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8033. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2011 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2011 Department 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
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2011 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8034. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2011: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, 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 September 30, 2011.
Sec. 8035. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8036. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, 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 information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8037. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, 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 America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department 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 Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
Sec. 8038. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant 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 advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which
a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 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 remains 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 certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats.
(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 (civilian) technicians of
the Army National Guard, Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8043. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant 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 counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 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 Department of
Defense for any fiscal year for drug interdiction 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 Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 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 domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
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: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 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 certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not 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 approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department 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 expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
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 following--
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed 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 Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(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 connection 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 Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 705)
shall be treated as active service for purposes of the computation
under chapter 61, 71, 371, 571, 871, or 1223 of title 10, United States
Code, as applicable, of the retired pay to which such individual may be
entitled under title 10, United States Code.
(b) Applicability.--Subsection (a) shall apply with respect to
amounts of retired pay payable under title 10, United States Code, for
months beginning on or after the date of the enactment of this Act. No
retired pay shall be paid to any individual by reason of subsection (a)
for any period before that date.
(c) World War II Defined.--In this section, the term ``World War
II'' has the meaning given that term in section 101(8) of title 38,
United States Code.
Sec. 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 Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 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 Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
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
consideration 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, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 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 to define and develop a future export version of the
F-22A that protects classified and sensitive information, technologies
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 procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that 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 entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, 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 involving 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
corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary
of State, may waive the prohibition in subsection (a) if he determines
that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit a report to the
congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations 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 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 or there exists a significant
cost or quality difference.
Sec. 8060. None of the funds appropriated or otherwise 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, including 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 ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 30 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8062. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment 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 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8064. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8065. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary-tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8066. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8067. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8068. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground
control segments of such system's modernization program.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $106,754,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered into
under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8070. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C.
113 note) shall continue in effect to apply to disbursements that are
made by the Department of Defense in fiscal year 2010.
(including transfer of funds)
Sec. 8071. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
$202,434,000 shall be for the Israeli Cooperative Programs: Provided,
That of this amount, $80,092,000 shall be for the Short Range Ballistic
Missile Defense (SRBMD) program, $50,036,000 shall be available for an
upper-tier component to the Israeli Missile Defense Architecture, and
$72,306,000 shall be for the Arrow Missile Defense Program, of which
$25,000,000 shall be for producing Arrow missile components in the
United States and Arrow missile components in Israel to meet Israel's
defense requirements, consistent with each nation's laws, regulations
and procedures: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $144,950,000 shall be
available until September 30, 2010, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer such funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred:
To:
Under the heading ``Shipbuilding and Conversion,
Navy, 2004/2010'':
New SSN, $26,906,000; and
LPD-17 Amphibious Transport Dock Program,
$16,844,000.
Under the heading ``Shipbuilding and Conversion,
Navy, 2005/2010'':
New SSN, $18,702,000; and
LPD-17 Amphibious Transport Dock Program,
$16,498,000.
Under the heading ``Shipbuilding and Conversion,
Navy, 2008/2012'':
LPD-17 Amphibious Transport Dock Program,
$66,000,000.
Sec. 8073. None of the funds available to the Department of
Defense may be obligated to modify command and control relationships to
give Fleet Forces Command administrative and operational control of
U.S. Navy forces assigned to the Pacific fleet: Provided, That the
command and control relationships which existed on October 1, 2004,
shall remain in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8074. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code, for occupations listed
in section 7403(a)(2) of title 38, United States Code, as well as the
following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service Assistants,
Practical Nurses, Nursing Assistants, and Dental Hygienists:
(A) The requirements of section 7403(g)(1)(A) of
title 38, United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of
title 38, United States Code, shall not apply.
Sec. 8075. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2010 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2010.
Sec. 8076. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8077. In addition to funds made available elsewhere in this
Act, $5,500,000 is hereby appropriated and shall remain available until
expended to provide assistance, by grant or otherwise (such as the
provision of funds for information technology and textbook purchases,
professional development for educators, and student transition support)
to public schools in states that are considered overseas assignments
with unusually high concentrations of special needs military dependents
enrolled: Provided, That up to 2 percent of the total appropriated
funds under this section shall be available for the administration and
execution of the programs and/or events that promote the purpose of
this appropriation: Provided further, That up to 5 percent of the total
appropriated funds under this section shall be available to public
schools that have entered into a military partnership: Provided
further, That $1,000,000 shall be available for a nonprofit trust fund
to assist in the public-private funding of public school repair and
maintenance projects: Provided further, That $500,000 shall be
available to fund an ongoing special education support program in
public schools with unusually high concentrations of active duty
military dependents enrolled: Provided further, That to the extent a
Federal agency provides this assistance by contract, grant, or
otherwise, it may accept and expend non-Federal funds in combination
with these Federal funds to provide assistance for the authorized
purpose.
Sec. 8078. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $50,500,000 is hereby
appropriated to the Department of Defense: Provided, That the Secretary
of Defense shall make grants in the amounts specified as follows:
$20,000,000 to the Edward M. Kennedy Institute for the Senate;
$5,500,000 to the U.S.S. Missouri Memorial Association; and $25,000,000
to the National World War II Museum.
Sec. 8079. The budget of the President for fiscal year 2011
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided further, That
these documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management Regulation)
for all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8080. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8081. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow the
53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8082. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8083. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
(including transfer of funds)
Sec. 8084. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That the transfer
authority provided by this section is in addition to any other transfer
authority contained elsewhere in this Act.
Sec. 8085. For purposes of section 612 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8086. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order
to support the Secretary of Defense in matters relating to the
employment of unmanned aerial vehicles.
Sec. 8087. Of the funds provided in this Act, $10,000,000 shall be
available for the operations and development of training and technology
for the Joint Interagency Training and Education Center and the
affiliated Center for National Response at the Memorial Tunnel and for
providing homeland defense/security and traditional warfighting
training to the Department of Defense, other Federal agencies, and
State and local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8088. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8089. Up to $16,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8090. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2011.
Sec. 8091. Notwithstanding any other provision of this Act, to
reflect savings from revised economic assumptions, the total amount
appropriated in title II of this Act is hereby reduced by $194,000,000,
the total amount appropriated in title III of this Act is hereby
reduced by $322,000,000, the total amount appropriated in title IV of
this Act is hereby reduced by $336,000,000, and the total amount
appropriated in title V of this Act is hereby reduced by $9,000,000:
Provided, That the Secretary of Defense shall allocate this reduction
proportionally to each budget activity, activity group, subactivity
group, and each program, project, and activity, within each
appropriation account.
Sec. 8092. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8093. Notwithstanding any other provision of law, that not
more than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8094. The Director of National Intelligence shall include the
budget exhibits identified in paragraphs (1) and (2) as described in
the Department of Defense Financial Management Regulation with the
congressional budget justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
21, Production Schedule; and P-40 Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E
Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
Sec. 8095. 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 Federal 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. 8096. (a) Not later than 60 days after enactment of this Act,
the Office of the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2010: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8097. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8098. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8099. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Iraqi Freedom
and Operation Enduring Freedom on a monthly basis in the Cost of War
Execution Report as prescribed in the Department of Defense Financial
Management Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September
2005.
Sec. 8100. The amounts appropriated in title II of this Act are
hereby reduced by $500,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
From ``Operation and Maintenance, Air Force'',
$500,000,000.
Sec. 8101. During the current fiscal year, not to exceed
$10,000,000 from each of the appropriations made in title III of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
Sec. 8102. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $24,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That funds
transferred under this provision are to be merged with and available
for the same purposes and time period as the appropriation to which
transferred: Provided further, That the Office of Management and Budget
must approve any transfers made under this provision.
Sec. 8103. Funds appropriated by this Act for operation and
maintenance shall be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8104. (a) Report on Ground-Based Interceptor Missiles.--Not
later than 60 days after the date of the enactment of this Act, the
Director of the Missile Defense Agency shall submit to the
congressional defense committees a report on the utilization of funds
to maintain the production line of Ground-Based Interceptor (GBI)
missiles. The report shall include a plan for the utilization of funds
for Ground-Based Interceptor missiles made available by this Act for
the Midcourse Defense Segment, including--
(1) the number of Ground-based Interceptor missiles
proposed to be produced during fiscal year 2010; and
(2) any plans for maintaining production of such missiles
and the subsystems and components of such missiles.
(b) Report on Ground-Based Midcourse Defense System.--Not later
than 120 days after the date of the enactment of this Act, the Director
of the Missile Defense Agency shall submit to the congressional defense
committees a report setting forth the acquisition strategy for the
Ground-Based Midcourse Defense (GMD) system during fiscal years 2011
through 2016. The report shall include a description of the plans of
the Missile Defense Agency for each of the following:
(1) To maintain the capability for production of Ground-
Based Interceptor missiles.
(2) To address modernization and obsolescence of the
Ground-Based Midcourse Defense system.
(3) To conduct a robust test program for the Ground-Based
Midcourse Defense system.
Sec. 8105. (a) High Priority National Guard Counterdrug Programs.--
Of the amount appropriated or otherwise made available by title VI
under the heading ``Drug Interdiction and Counter-Drug Activities,
Defense'', up to $30,000,000 shall be available for the purpose of High
Priority National Guard Counterdrug Programs.
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the purpose specified in that subsection is in
addition to any other amounts made available by this Act for that
purpose.
apology to native peoples of the united states
Sec. 8106. (a) Acknowledgment and Apology.--The United States,
acting through Congress--
(1) recognizes the special legal and political relationship
Indian tribes have with the United States and the solemn
covenant with the land we share;
(2) commends and honors Native Peoples for the thousands of
years that they have stewarded and protected this land;
(3) recognizes that there have been years of official
depredations, ill-conceived policies, and the breaking of
covenants by the Federal Government regarding Indian tribes;
(4) apologizes on behalf of the people of the United States
to all Native Peoples for the many instances of violence,
maltreatment, and neglect inflicted on Native Peoples by
citizens of the United States;
(5) expresses its regret for the ramifications of former
wrongs and its commitment to build on the positive
relationships of the past and present to move toward a brighter
future where all the people of this land live reconciled as
brothers and sisters, and harmoniously steward and protect this
land together;
(6) urges the President to acknowledge the wrongs of the
United States against Indian tribes in the history of the
United States in order to bring healing to this land; and
(7) commends the State governments that have begun
reconciliation efforts with recognized Indian tribes located in
their boundaries and encourages all State governments similarly
to work toward reconciling relationships with Indian tribes
within their boundaries.
(b) Disclaimer.--Nothing in this section--
(1) authorizes or supports any claim against the United
States; or
(2) serves as a settlement of any claim against the United
States.
Sec. 8107. (a) Report on Use of Live Primates in Training Relating
to Chemical and Biological Agents.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report setting forth a
detailed description of the requirements for the use by the Department
of Defense of live primates at the United States Army Medical Research
Institute of Chemical Defense, and elsewhere, to demonstrate the
effects of chemical or biological agents or chemical (such as
physostigmine) or biological agent simulants in training programs.
(b) Elements.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) The number of live primates used in the training
described in subsection (a).
(2) The average lifespan of primates from the point of
introduction into such training programs.
(3) An explanation why the use of primates in such training
is more advantageous and realistic than the use of human
simulators or other alternatives.
(4) An estimate of the cost of converting from the use of
primates to human simulators in such training.
Sec. 8108. (a) Findings.--The Senate makes the following findings:
(1) Real time intelligence, surveillance, and
reconnaissance (ISR) is critical to our warfighters in fighting
the ongoing wars in Iraq and Afghanistan.
(2) Secretary of Defense Gates and the military leadership
of the United States have highlighted the importance of
collecting and disseminating critical intelligence and
battlefield information to our troops on the ground in Iraq and
Afghanistan.
(3) The Chief of Staff of the Air Force, General Norton
Schwartz, has stated that the Air Force is ``all-in'' for the
joint fight.
(4) One of the most effective and heavily tasked
intelligence, surveillance, and reconnaissance assets operating
today is the Air Force's E-8C Joint Surveillance Target Attack
Radar System, also known as Joint STARS.
(5) Commanders in the field rely on Joint STARS to give
them a long range view of the battlefield and detect moving
targets in all weather conditions as well as tactical support
to Brigade Combat Teams, Joint Tactical Air Controllers and
Special Operations Forces convoy overwatch.
(6) Joint STARS is a joint platform, flown by a mix of
active duty Air Force and Air National Guard personnel and
operated by a joint Army, Air Force, and Marine crew,
supporting missions for all the Armed Forces.
(7) With a limited number of airframes, Joint STARS has
flown over 55,000 combat hours and 900 sorties over Iraq and
Afghanistan and directly contributed to the discovery of
hundreds of Improvised Explosive Devices.
(8) The current engines greatly limit the performance of
Joint STARS aircraft and are the highest cause of maintenance
problems and mission aborts.
(9) There is no other current or programmed aircraft or
weapon system that can provide the detailed, broad-area ground
moving target indicator (GMTI) and airborne battle management
support for the warfighter that Joint STARS provides.
(10) With the significant operational savings that new
engines will bring to the Joint STARS, re-engining Joint STARS
will pay for itself by 2017 due to reduced operations,
sustainment, and fuel costs.
(11) In December 2002, a JSTARS re-engining study
determined that re-engining provided significant benefits and
cost savings. However, delays in executing the re-engining
program continue to result in increased costs for the re-
engining effort.
(12) The budget request for the Department of Defense for
fiscal year 2010 included $205,000,000 in Aircraft Procurement,
Air Force, and $16,000,000 in Research, Development, Test, and
Evaluation, Air Force for Joint STARS re-engining.
(13) On September 22, 2009, the Department of Defense re-
affirmed their support for the President's Budget request for
Joint STARS re-engining.
(14) On September 30, 2009, the Undersecretary of Defense
(Acquisition, Technology, and Logistics) signed an Acquisition
Decision Memorandum directing that the Air Force proceed with
the Joint STARS re-engining effort, to include expenditure of
procurement and research, development, test, and evaluation
funds.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) Funds for re-engining of the E-8C Joint Surveillance
Target Attack Radar System (Joint STARS) should be appropriated
in the correct appropriations accounts and in the amounts
required in fiscal year 2010 to execute the Joint STARS Re-
Engining System Design and Development Program; and
(2) the Air Force should proceed with currently planned
efforts to re-engine Joint STARS aircraft, to include expending
both procurement and research, development, test, and
evaluation funds.
Sec. 8109. (a) Notwithstanding any other provision of this Act and
except as provided in subsection (b), any report required to be
submitted by a Federal agency or department to the Committee on
Appropriations of either the Senate or the House of Representatives in
this Act shall be posted on the public website of that agency upon
receipt by the committee.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
Sec. 8110. (a) The Secretary of Defense shall conduct a study on
defense contracting fraud and submit a report containing the findings
of such study to the congressional defense committees.
(b) The report required under subsection (a) shall include--
(1) an assessment of the total value of Department of
Defense contracts entered into to with contractors that have
been indicted for, settled charges of, been fined by any
Federal department or agency for, or been convicted of fraud in
connection with any contract or other transaction entered into
with the Federal Government; and
(2) recommendations by the Inspector General of the
Department of Defense or other appropriate Department of
Defense official regarding how to penalize contractors
repeatedly involved in fraud in connection with contracts or
other transactions entered into with the Federal Government.
Sec. 8111. Of the amount appropriated or otherwise made available
by title IV under the heading ``Research, Development, Test, and
Evaluation, Army'', $12,000,000 shall be available for the peer-
reviewed Gulf War Illness Research Program of the Army run by
Congressionally Directed Medical Research Programs.
Sec. 8112. (a) It is the sense of Congress that--
(1) All of the National Nuclear Security Administration
sites, including the Nevada Test Site can play an effective and
essential role in developing and demonstrating--
(A) innovative and effective methods for treaty
verification and the detection of nuclear weapons and
other materials; and
(B) related threat reduction technologies; and
(2) the Administrator for Nuclear Security should expand
the mission of the Nevada Test Site to carry out the role
described in paragraph (1), including by--
(A) fully utilizing the inherent capabilities and
uniquely secure location of the Site;
(B) continuing to support the Nation's nuclear
weapons program and other national security programs;
and
(C) renaming the Site to reflect the expanded
mission of the Site.
(b) Not later than one year after the date of the enactment of this
Act, the Administrator for Nuclear Security shall submit to the
congressional defense committees a plan for improving the
infrastructure of the Nevada Test Site of the National Nuclear Security
Administration and, if the Administrator deems appropriate, all other
sites under the jurisdiction of the National Nuclear Security
Administration--
(1) to fulfill the expanded mission of the Site described
in subsection (a); and
(2) to make the Site available to support the threat
reduction programs of the entire national security community,
including threat reduction programs of the National Nuclear
Security Administration, the Defense Threat Reduction Agency,
the Department of Homeland Security, and other agencies as
appropriate.
Sec. 8113. Of the amounts appropriated or otherwise made available
by title II under the heading ``Operation and Maintenance, Defense-
Wide'' and available for the Office of the Secretary of Defense, up to
$250,000 may be available to the Under Secretary of Defense for Policy
for the declassification of the nuclear posture review conducted under
section 1041 of the Floyd D. Spence National Defense Authorization Act
for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-262) upon the release of the nuclear posture review to
succeed such nuclear posture review.
Sec. 8114. Of the amount appropriated or otherwise made available
by title II under the heading ``Operation and Maintenance, Defense-
Wide'', up to $15,000,000 may be available for the implementation by
the Department of Defense of the responsibilities of the Department
under the Military and Overseas Voter Empowerment Act and the
amendments made by that Act.
Sec. 8115. None of the funds appropriated or otherwise made
available by this Act may be used to dispose of claims filed regarding
water contamination at Camp Lejeune, North Carolina, until the Agency
for Toxic Substances and Disease Registry (ATSDR) fully completes all
current, ongoing epidemiological and water modeling studies pending as
of the date of the enactment of this Act.
Sec. 8116. (a) Limitation on Availability of Funds for Execution of
Contracts Under LOGCAP.--No later than 90 days after enactment of this
Act none of the funds appropriated or otherwise made available by this
Act may be obligated or expended for the execution of a contract under
the Logistics Civil Augmentation Program (LOGCAP) unless the Secretary
of the Army determines that the contract explicitly requires the
contractor--
(1) to inspect and immediately correct deficiencies that
present an imminent threat of death or serious bodily injury so
as to ensure compliance with generally accepted electrical
standards as determined by the Secretary of Defense in work
under the contract;
(2) monitor and immediately correct deficiencies in the
quality of any potable or non-potable water provided under the
contract to ensure that safe and sanitary water is provided;
and
(3) establish and enforce strict standards for preventing,
and immediately addressing and cooperating with the prosecution
of, any instances of sexual assault in all of its operations
and the operations of its subcontractors.
(b) Waiver.--The Secretary of the Army may waive the applicability
of the limitation in subsection (a) to any contract if the Secretary
certifies in writing to Congress that--
(1) the waiver is necessary for the provision of essential
services or critical operating facilities for operational
missions; or
(2) the work under such contract does not present an
imminent threat of death or serious bodily injury.
Sec. 8117. None of the funds appropriated or otherwise made
available by this Act may be used by the Secretary of the Army to
transfer by sale, lease, loan, or donation government-owned ammunition
production equipment or facilities to a private ammunition manufacturer
until 60 days after the Secretary submits a certification to the
congressional defense committees that the transfer will not increase
the cost of ammunition procurement or negatively impact national
security, military readiness, government ammunition production or the
United States ammunition production industrial base. The certification
shall include the Secretary of the Army's assessment of the following:
(1) A cost-benefit risk analysis for converting government-
owned ammunition production equipment or facilities to private
ammunition manufacturers, including cost-savings comparisons.
(2) A projection of the impact on the ammunition production
industrial base in the United States of converting such
equipment or facilities to private ammunition manufacturers.
(3) A projection of the capability to meet current and
future ammunition production requirements by both government-
owned and private ammunition manufacturers, as well as a
combination of the two sources of production assets.
(4) Potential impact on national security and military
readiness.
Sec. 8118. (a) None of the funds appropriated or otherwise made
available by this Act may be used for any existing or new Federal
contract if the contractor or a subcontractor at any tier requires that
an employee or independent contractor, as a condition of employment,
sign a contract that mandates that the employee or independent
contractor performing work under the contract or subcontract resolve
through arbitration any claim under title VII of the Civil Rights Act
of 1964 or any tort related to or arising out of sexual assault or
harassment, including assault and battery, intentional infliction of
emotional distress, false imprisonment, or negligent hiring,
supervision, or retention.
(b) The prohibition in subsection (a) does not apply with respect
to employment contracts that may not be enforced in a court of the
United States.
Sec. 8119. (a) Limitation on Early Retirement of Tactical
Aircraft.--The Secretary of the Air Force may not retire any tactical
aircraft as announced in the Combat Air Forces structuring plan
announced on May 18, 2009, until the Secretary submits to the
congressional defense committees the report described in subsection
(b).
(b) Report.--The report described in this subsection is a report
that sets forth the following:
(1) A detailed plan for how the Secretary of the Air Force
will fill the force structure and capability gaps resulting
from the retirement of tactical aircraft under the structuring
plan described in subsection (a).
(2) A description of the follow-on missions for each base
affected by the structuring plan.
(3) An explanation of the criteria used for selecting the
bases referred to in paragraph (2) and for the selection of
tactical aircraft for retirement under the structuring plan.
(4) A plan for the reassignment of the regular and reserve
Air Force personnel affected by the retirement of tactical
aircraft under the structuring plan.
(5) An estimate of the cost avoidance to be achieved by the
retirement of such tactical aircraft, and a description how
such funds would be invested under the period covered by the
most current future-years defense program.
Sec. 8120. (a) Nature of Full and Open Competition for
Congressionally Directed Spending Items.--Each congressionally directed
spending item specified in this Act or the report accompanying this Act
that is intended for award to a for-profit entity shall be subject to
acquisition regulations for full and open competition on the same basis
as each spending item intended for a for-profit entity that is
contained in the budget request of the President.
(b) Exceptions.--Subsection (a) shall not apply to any contract
awarded--
(1) by a means that is required by Federal statute,
including for a purchase made under a mandated preferential
program;
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.); or
(3) in an amount less than the simplified acquisition
threshold described in section 302A(a) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 252a(a)).
(c) Congressionally Directed Spending Item Defined.--In this
section, the term ``congressionally directed spending item'' means the
following:
(1) A congressionally directed spending item, as defined in
Rule XLIV of the Standing Rules of the Senate.
(2) A congressional earmark for purposes of rule XXI of the
House of Representatives.
Sec. 8121. (a) Funding for Two-stage Ground-based Interceptor
Missile.--Of the amounts appropriated or otherwise made available by
this Act for a long-range missile defense system in Europe, or
appropriated or otherwise made available for the Department of Defense
for a long-range missile defense system in Europe from the Consolidated
Security Disaster Assistance, and Continuing Appropriations Act of 2009
(Public Law 110-329) and available for obligation, no less than
$50,000,000, and up to $151,000,000 shall be available for research,
development, test, and evaluation of the two-stage ground-based
interceptor missile.
(b) Prohibition on Diversion of Funds.--Funds appropriated or
otherwise made available by this Act for the Missile Defense Agency for
the purpose of research, development, and testing of the two-stage
ground based interceptor missile shall be utilized solely for that
purpose, and may not be reprogrammed or otherwise utilized for any
other purpose.
(c) Report.--Not later than February 1, 2010, the Director of the
Missile Defense Agency shall submit to the congressional defense
committees a report setting forth the following:
(1) A comprehensive plan for the continued development and
testing of the two-stage ground-based interceptor missile,
including a description how the Missile Defense Agency will
leverage the development and testing of such missile to
modernize the Ground-based Midcourse Defense component of the
ballistic missile defense system.
(2) Options for deploying an additional Ground-based
Midcourse Defense site in Europe or the United States to
provide enhanced defense in response to future long-range
missile threats from Iran, and a description of how such a site
may be made interoperable with the planned missile defense
architecture for Europe and the United States.
Sec. 8122. (a) Amount for Evaluations of Certain Laser Systems.--Of
the amount appropriated or otherwise made available by title IV under
the heading ``Research, Development, Test and Evaluation, Air Force''
and available for Advanced Weapons Technology (PE# 0603605F), up to
$5,000,000 may be available to carry out the evaluations and analyses
required by subsection (b).
(b) Evaluations and Analyses of Certain Laser Systems.--The
Secretary of Defense shall, in a manner consistent with the October 8,
2008, report of the Air Force Scientific Advisory Board entitled
``Airborne Tactical Laser (ATL) Feasibility for Gunship Operations''--
(1) carry out additional enhanced user evaluations of the
Advanced Tactical Laser system on a variety of instrumented
targets; and
(2) enter into an agreement with a federally funded
research and development center under which the center shall--
(A) conduct an analysis of the feasibility of
integrating solid state laser systems onto C-130, B-1,
and F-35 aircraft platforms to provide close air
support; and
(B) estimate the cost per unit of such laser
systems and the cost of operating and maintaining each
such platform with such laser systems.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$9,597,340,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,175,601,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$670,722,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,445,376,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$293,637,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$37,040,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$31,337,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$19,822,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$824,966,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $9,500,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$51,928,167,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$5,899,597,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $3,775,270,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $9,929,868,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,550,900,000, of which:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi
Freedom and Operation Enduring Freedom; and
(2) Not to exceed $1,600,000,000, to remain available until
expended, for payments to reimburse key cooperating nations for
logistical, military, and other support, including access
provided to United States military operations in support of
Operation Iraqi Freedom and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided, That such
reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of
Management and Budget, may determine, in his discretion, 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 purpose
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
Afghanistan, and 15 days following notification to the
appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $234,898,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $68,059,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $86,667,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $125,925,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $450,246,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $289,862,000.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $6,562,769,000, to
remain available until September 30, 2011: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund and used for
such purposes: Provided further, That the Secretary of Defense shall
notify the congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the sources
and amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating from this appropriation
account, notify the congressional defense committees in writing of the
details of any such obligation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$1,119,319,000, to remain available until September 30, 2012.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$475,954,000, to remain available until September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $875,866,000, to remain available until
September 30, 2012.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$365,635,000, to remain available until September 30, 2012.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$4,874,176,000, to remain available until September 30, 2012.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$1,342,577,000, to remain available until September 30, 2012.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$50,700,000, to remain available until September 30, 2012.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $681,957,000, to remain available until September 30,
2012.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$260,118,000, to remain available until September 30, 2012.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$868,197,000, to remain available until September 30, 2012.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$736,501,000, to remain available until September 30, 2012.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$36,625,000, to remain available until September 30, 2012.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $256,819,000, to remain available until September 30, 2012.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,138,021,000, to remain available until September 30, 2012.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$480,780,000, to remain available until September 30, 2012.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$6,656,000,000, to remain available until September 30, 2011: Provided,
That such funds shall be available to 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; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
Secretary shall, not fewer than 10 days prior to making transfers from
this appropriation, notify the congressional defense committees in
writing of the details of any such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $57,962,000, to remain available until September
30, 2011.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $84,180,000, to remain available until September
30, 2011.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $39,286,000, to remain available until
September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $112,196,000, to remain available until
September 30, 2011.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$412,215,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,563,675,000, which shall be for operation and maintenance.
Drug Interdiction and Counter-drug Activities
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities'', $353,603,000, to remain available until September 30,
2011.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$2,033,560,000, to remain available until September 30, 2012: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies,
services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices: Provided
further, That within 60 days of the enactment of this Act, a plan for
the intended management and use of the amounts provided under this
heading shall be submitted to the congressional defense committees:
Provided further, That the Secretary of Defense shall submit a report
not later than 60 days after the end of each fiscal quarter to the
congressional defense committees providing assessments of the evolving
threats, individual service requirements to counter the threats, the
current strategy for predeployment training of members of the Armed
Forces on improvised explosive devices, and details on the execution of
this Fund: Provided further, That the Secretary of Defense may transfer
funds provided herein to appropriations for operation and maintenance;
procurement; research, development, test and evaluation; and defense
working capital funds to accomplish the purpose provided herein:
Provided further, That amounts transferred shall be merged with and
available for the same purposes and time period as the appropriations
to which transferred: Provided further, That this transfer authority is
in addition to any other transfer authority available to the Department
of Defense: Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the details
of any such transfer.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $8,876,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2010.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $4,000,000,000 between the appropriations or funds made available to
the Department of Defense in this title: 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 sections 401(c)(4) and 423(a)(1) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 9003. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund'' provided in
this Act and executed in direct support of overseas contingency
operations in Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this section,
supervision and administration costs include all in-house Government
costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in Iraq and Afghanistan: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle and (b) heavy and light
armored vehicles for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the purchase
of passenger carrying vehicles.
Sec. 9005. Not to exceed $1,200,000,000 of the amount appropriated
in this title under the heading ``Operation and Maintenance, Army'' may
be used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program, for the purpose of enabling
military commanders in Iraq and Afghanistan to respond to urgent
humanitarian relief and reconstruction requirements within their areas
of responsibility: Provided, 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 regarding 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.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, 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.
Sec. 9007. Each amount in this title is designated as being for
overseas deployments and other activities pursuant to section 401(c)(4)
and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Sec. 9008. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9009. (a) The Director of the Office of Management and Budget,
in consultation with the Secretary of Defense; the Commander of the
United States Central Command; the Commander, Multi-National Security
Transition Command--Iraq; and the Commander, Combined Security
Transition Command--Afghanistan, shall submit to the congressional
defense committees not later than 45 days after the end of each fiscal
quarter a report on the proposed use of all funds appropriated by this
or any prior Act under each of the headings ``Iraq Security Forces
Fund'', ``Afghanistan Security Forces Fund'', and ``Pakistan
Counterinsurgency Fund'' on a project-by-project basis, for which the
obligation of funds is anticipated during the 3-month period from such
date, including estimates by the commanders referred to in this section
of the costs required to complete each such project.
(b) The report required by this subsection shall include the
following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of the
report, including estimates by the commanders referred to in
subsection (a) of the costs to complete each project.
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to in
subsection (a) in prior appropriations Acts, or for which funds
were made available by transfer, reprogramming, or allocation
from other headings in prior appropriations Acts, including
estimates by the commanders referred to in subsection (a) of
the costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal
year.
(c) The Secretary of Defense shall notify the congressional defense
committees of any proposed new projects or transfers of funds between
sub-activity groups in excess of $20,000,000 using funds appropriated
by this or any prior Act under the headings ``Iraq Security Forces
Fund'', ``Afghanistan Security Forces Fund'', and ``Pakistan
Counterinsurgency Fund''.
Sec. 9010. (a) None of the funds appropriated or otherwise made
available by this Act or any prior Act may be used to transfer,
release, or incarcerate any individual who was detained as of October
1, 2009, at Naval Station, Guantanamo Bay, Cuba, to or within the
United States or its territories.
(b) In this section, the term ``United States'' means the several
States and the District of Columbia.
Sec. 9011. In addition to amounts made available elsewhere in this
title there is hereby appropriated $329,000,000 for the purchase of
fuel to the following accounts in the specified amounts:
``Operation and Maintenance, Army'', $83,552,000;
``Operation and Maintenance, Navy'', $33,889,000;
``Operation and Maintenance, Marine Corps'', $1,619,000;
``Operation and Maintenance, Air Force'', $179,191,000;
``Operation and Maintenance, Army Reserve'', $8,567,000;
``Operation and Maintenance, Navy Reserve'', $3,007,000;
``Operation and Maintenance, Marine Corps Reserve'',
$39,000; and
``Operation and Maintenance, Army National Guard'',
$19,136,000.
Sec. 9012. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
Sec. 9013. The Secretary of Defense may, in consultation with the
Secretary of State and the Administrator of the United States Agency
for International Development, continue to support requirements for
monthly integrated civilian-military training for civilians deploying
to Afghanistan at Camp Atterbury, Indiana, including through the
allocation of military and civilian personnel, trainers, and other
resources for that purpose.
Sec. 9014. (a) Hearings on Strategy and Resources With Respect to
Afghanistan and Pakistan.--Appropriate committees of Congress shall
hold hearings, in open and closed session, relating to the strategy and
resources of the United States with respect to Afghanistan and Pakistan
promptly after the decision by the President on those matters is
announced.
(b) Testimony.--The hearings described in subsection (a) should
include testimony from senior civilian and military officials of the
United States, including, but not limited to, the following:
(1) The Secretary of Defense.
(2) The Secretary of State
(3) The Chairman of the Joint Chiefs of Staff.
(4) The Commander of the United States Central Command.
(5) The Commander of the United States European Command and
Supreme Allied Commander, Europe.
(6) The Commander of United States Forces-Afghanistan.
(7) The United States Ambassador to Afghanistan.
(8) The United States Ambassador to Pakistan.
Sec. 9015. (a) Funding for Outreach and Reintegration Services
Under Yellow Ribbon Reintegration Program.--Of the amounts appropriated
or otherwise made available by title IX. $20,000,000 shall be available
for outreach and reintegration services under the Yellow Ribbon
Reintegration Program under section 582(h) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
125; 10 U.S.C. 10101 note).
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the services described in that subsection is in
addition to any other amounts available in this Act for such services.
This Act may be cited as the ``Department of Defense Appropriations
Act, 2010''.
Attest:
Secretary.
111th CONGRESS
1st Session
H.R. 3326
_______________________________________________________________________
AMENDMENT