111th CONGRESS
1st Session
H.R. 3326
In the Senate of the United
States,
October 6, 2009.
Amendment:
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
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:<enum>I</enum>
<appropriations-major id="idF5AC2260D0CC4F5394ACC2B4B9397128"><header>MILITARY
PERSONNEL</header>
</appropriations-major><appropriations-intermediate id="IDCFD032A8AF7543CEB5D4D23C3C2578A1"><header>Military personnel, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id41C22F61F9654480B261AAB8DA0DEFBB"><header>Military personnel, navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id765D58E2C0434B129CFFBF7F61829173"><header>Military personnel, marine
corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idEB97A9F7D6944DD8B655E466041E7953"><header>Military personnel, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id6302A19684F84ABE91076186CBAA3148"><header>Reserve personnel, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idD5375522705840C4A7CC20F1990B2414"><header>Reserve personnel, navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id7DAF0F42E84146FD83A530ADA71EA560"><header>Reserve personnel, marine
corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id1E8891CF01C44D3B92A7952D02BBDB35"><header>Reserve personnel, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idE3F2B65AC9294BF59FD7193688470DC7"><header>National guard personnel,
army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idA7869A30E8AA4C92B8D0DA7BDD05B0C1"><header>National guard personnel, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><enum>II</enum>
<appropriations-major id="idA8D475F35BCE4C5D84A9FC4DE76277A1"><header>OPERATION AND
MAINTENANCE</header>
</appropriations-major><appropriations-intermediate id="id30DE45A4C0144BC5AE3285E92897446C"><header>Operation and maintenance,
army</header>
</appropriations-intermediate><appropriations-small id="idF222C508B556413C8593AEDCD5ACE0B4"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="id358852B7746F45C0ADEC1867044C2825"><header>Operation and maintenance,
navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idC002110EAF34453591294A3339C3CF5B"><header>Operation and maintenance, marine
corps</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of the
Marine Corps, as authorized by law,
$5,435,923,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idD830BE17EECF42F89A1F2BC8BB5D6618"><header>Operation and maintenance, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id28E9381936B14B15A688826AD10B1BB9"><header>Operation and maintenance,
defense-Wide</header>
</appropriations-intermediate><appropriations-small id="idAF32CDC84DD841A5918CD556A976AEB0"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate id="id58F850E587B94E0D8DA43AF6B2EA22BE"><header>Operation and maintenance, army
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id982A02167A4A4920ACFBD39A03DAD824"><header>Operation and maintenance, navy
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idA0F14522AA9A4A1C8FB9101DC8110934"><header>Operation and maintenance, marine corps
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idBBC4DDC73E5C4C6CA37E3241CC2DDBFA"><header>Operation and maintenance, air force
reserve</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id4FA86F60E929417791F78E4EA593BD41"><header>Operation and maintenance, army
national guard</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id304930EB8D50454DBB6A178AF58DADED"><header>Operation and maintenance, air national
guard</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id4293706C729F452298F7750AD578A6FF"><header>United States Court of Appeals for the
Armed Forces</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id363A46ACFAF742D4B782FBC85A48D46E"><header>Environmental restoration,
army</header>
</appropriations-intermediate><appropriations-small id="id7826234F5B94411EA41EA16B4F563312"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Department of
the Army, $430,864,000, to remain available until transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate id="idAC4A73B2724A4DD2B5968A5898F4E84E"><header>Environmental restoration,
navy</header>
</appropriations-intermediate><appropriations-small id="idED232D1FA9154B0C93DA300C9D502B3C"><header>(including transfer of
funds)</header>
</appropriations-small><appropriations-small id="id1C9C2BD3BE654C7F8002AB12EC7DB2D6"><text display-inline="no-display-inline">For
the Department of the Navy, $285,869,000, to remain available until
transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate id="id94A4C21BA29B4190AA2796D7C550B37C"><header>Environmental restoration, air
force</header>
</appropriations-intermediate><appropriations-small id="id068148ADC619469CB2582004B95D0B46"><header>(including transfer of
funds)</header>
</appropriations-small><appropriations-small id="idF1FF9C95110B4D029A7F3BE52C8F6553"><text display-inline="no-display-inline">For
the Department of the Air Force, $494,276,000, to remain available until
transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate id="id5AA5DA92F1CD407B9B318B4C1F399049"><header>Environmental restoration,
Defense-Wide</header>
</appropriations-intermediate><appropriations-small id="idA5ECAD02823E443F8C4A25603CA49848"><header>(including transfer of
funds)</header>
</appropriations-small><appropriations-small id="id91ECDAB836504631BD4CB8095386B88A"><text display-inline="no-display-inline">For
the Department of Defense, $11,100,000, to remain available until transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate id="id678AC343FBAC4E49A9967665BA2FE6D7"><header>Environmental restoration, formerly
used defense sites</header>
</appropriations-intermediate><appropriations-small id="id126C7759336945FCA367D03BBAD64CED"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Department of
the Army, $307,700,000, to remain available until transferred:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority provided elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate id="idCE642D2BAFE644E48E559EEA555B8BB6"><header>Overseas Humanitarian, Disaster, and
Civic Aid</header>
</appropriations-intermediate><appropriations-intermediate id="idD3652BD685584A17B786BD7849E25C0B"><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idBA8098CEB5084D3F9A5828BE806D1C12"><header>Cooperative Threat Reduction
Account</header>
</appropriations-intermediate><appropriations-intermediate id="id93A220E40EEB4D00B8447FFD0DE53883"><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id1ba87e57-a2fd-410d-910d-853d0b3153ee"><header>Department of Defense Acquisition
Workforce Development Fund</header><text display-inline="no-display-inline">For
the Department of Defense Acquisition Workforce Development Fund,
$100,000,000.</text>
</appropriations-intermediate><enum>III</enum>
<appropriations-major id="idAF8125DDAB554854B20E5712193C8362"><header>PROCUREMENT</header>
</appropriations-major><appropriations-intermediate id="ID4CB31A3A69274E5F8732C680F81C8121"><header>Aircraft procurement,
army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id2A50992A05564364884B4B4930AC8BAF"><header>Missile procurement, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id79614898F36648449974F83010A17487"><header>Procurement of weapons and tracked
combat vehicles, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id6480E43D2A144BD18D86B7A7D4ADE581"><header>Procurement of ammunition,
army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id103F48A1E1A043B9BEF7319441147000"><header>Other procurement, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idD2C77D13C9D3438CA61BB57E674267C8"><header>Aircraft procurement,
navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id1BEDBFD35E0C4FC2958676CABCBDDBBA"><header>Weapons procurement, navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id8AA2E72F8E7B47C09D6A0C8EA2E0433C"><header>Procurement of ammunition, navy and
marine corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id5241363F63F744AFAC36AEC083888520"><header>Shipbuilding and conversion,
navy</header><text display-inline="no-display-inline">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:</text><list level="appropriations-major" list-type="none">
<list-item>Carrier
Replacement Program, $739,269,000;</list-item>
<list-item>Carrier
Replacement Program (AP), $484,432,000;</list-item>
<list-item>NSSN,
$1,964,317,000;</list-item>
<list-item>NSSN (AP),
$1,959,725,000;</list-item>
<list-item>CVN
Refueling, $1,563,602,000;</list-item>
<list-item>CVN
Refuelings (AP), $211,820,000;</list-item>
<list-item>DDG–1000
Program, $1,393,797,000;</list-item>
<list-item>DDG–51
Destroyer, $3,650,000,000;</list-item>
<list-item>DDG–51
Destroyer (AP), $328,996,000;</list-item>
<list-item>Littoral
Combat Ship, $1,080,000,000;</list-item>
<list-item>LPD–17,
$872,392,000;</list-item>
<list-item>LPD–17
(AP), $184,555,000;</list-item>
<list-item>LHA–R
(AP), $170,000,000;</list-item>
<list-item>Intratheater Connector,
$177,956,000;</list-item>
<list-item>LCAC
Service Life Extension Program, $63,857,000;</list-item>
<list-item>Prior year
shipbuilding costs, $144,950,000;</list-item>
<list-item>Service
Craft, $3,694,000; and</list-item>
<list-item>For
outfitting, post delivery, conversions, and first destination transportation,
$391,238,000.</list-item></list>
<subsection id="idD608EBFCA218472FA109A2ADB7E89F09"><enum></enum><text display-inline="yes-display-inline">In
all: $15,384,600,000, to remain available for obligation until September 30,
2014:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That none of the
funds provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.</text>
</subsection></appropriations-intermediate><appropriations-intermediate id="idF9F786E91641491CA1B0E64ED395FDF2"><header>Other procurement, navy</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idDAC928FBF272432EA5D65A2384851132"><header>Procurement, marine corps</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id1F1E9F7212CA4CB7AC80B05CA067DA4B"><header>Aircraft procurement, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idF2897891E6F64DD79411177B71D2B483"><header>Missile procurement, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idCFCA908E08A6494CAA026EC521645A55"><header>Procurement of ammunition, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id3C63D589262A4390BC249F39229B6C04"><header>Other procurement, air
force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idE6DB0DED2FD6432E8A4022CA15A64780"><header>Procurement, defense-Wide</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id564E58693C8D46468E9CACE1EBD95EC9"><header>National guard and reserve
equipment</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id2C439A87BDE74EC99096AB75B2048919"><header>Defense production act
purchases</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><enum>IV</enum>
<appropriations-major id="idD45F59802E094826A829745A57CD028C"><header>RESEARCH, DEVELOPMENT, TEST AND
EVALUATION</header>
</appropriations-major><appropriations-intermediate id="ID296DF6E7EF924A159426A29BD38E94A9"><header>Research, development, test and
evaluation, army</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id568BBB16CB1147F2ABBC316B78A2E44E"><header>Research, development, test and
evaluation, navy</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds
appropriated in this paragraph shall be available for the Cobra Judy
program.</text>
</appropriations-intermediate><appropriations-intermediate id="id38F45D80F761401FB5F7CA6CD5073927"><header>Research, development, test and
evaluation, air force</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="idB4888DEFB00849E8A16F03E694C571EE"><header>Research, development, test and
evaluation, Defense-Wide</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id1C2B1CC4F4EB49ED8183DB385D7BABD4"><header>operational test and evaluation,
defense</header>
</appropriations-intermediate><appropriations-intermediate id="id9020FAA382AF4AE8A8EFDE1B23673232"><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><enum>V</enum>
<appropriations-major id="id5F23908620A1421AADAC6ED5008917E5"><header>REVOLVING AND MANAGEMENT
FUNDS</header>
</appropriations-major><appropriations-intermediate id="id11127E151A5D4F9CA5B60A3E9C0706D0"><header>Defense working capital
funds</header>
</appropriations-intermediate><appropriations-intermediate id="ID34182113D8A34EE4BD61D155D193CA7B"><text display-inline="no-display-inline">For the Defense Working Capital Funds,
$1,455,004,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idBB0D6D96FF1942918BF3053B8DF8FF82"><header>National defense sealift
fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-intermediate><enum>VI</enum>
<appropriations-major id="id57E96A698FC24C18BD173B36CF3E31F0"><header>OTHER DEPARTMENT OF DEFENSE
PROGRAMS</header>
</appropriations-major><appropriations-intermediate id="id79AD68EFBFE24AECAB0F22E8E9EE4087"><header>Defense health
program</header>
</appropriations-intermediate><appropriations-small id="idB7F89B0A488E4A53A9096A7941E2A44C"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate id="idCD020EF2B46D4B7F99F6FB81B63A11D7"><header>Chemical agents and munitions
destruction, defense</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id73A2DA20C7BD42B7BB417EE76D92AF70"><header>Drug interdiction and counter-drug
activities, defense</header>
</appropriations-intermediate><appropriations-small id="id74EFDE51A3CA4DECA273BDFF959D50A0"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this heading is in addition to any other transfer
authority contained elsewhere in this Act.</text>
</appropriations-small><appropriations-intermediate id="id0920FB86628A428EAA76C5E49D17FD97"><header>Office of the inspector
general</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><enum>VII</enum>
<appropriations-major id="id6FEDF34B56AB445D8F6ED9A749BCB78F"><header>RELATED
AGENCIES</header>
</appropriations-major><appropriations-intermediate id="ID2DA93D9E7FC143B4A1FF66936D2499DB"><header>Central intelligence agency retirement
and disability system fund</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="id259BFCA0DEF94D8FAFB6E9075EA2393B"><header>Intelligence community management
account</header>
</appropriations-intermediate><appropriations-small id="id4A791EE616C04E989386BFE08D05B78C"><text display-inline="no-display-inline">For
necessary expenses of the Intelligence Community Management Account,
$750,812,000.</text>
</appropriations-small><enum>VIII</enum>
<appropriations-major id="id7AA60DAF11F745959A3E5596D3A5FC9F"><header>GENERAL
PROVISIONS</header>
</appropriations-major><section id="ID599ab74a61734bd7844246088bdc6a60"><enum>8001.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes not authorized by
the Congress.</text>
</section><section commented="no" id="IDaf84902b50b24e1dba2b8a2e5dc25386"><enum>8002.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
limitations of this provision shall not apply to foreign national employees of
the Department of Defense in the Republic of Turkey.</text>
</section><section id="IDadcc70b09a1547408adf160cf467bf82"><enum>8003.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.</text>
</section><section commented="no" id="IDfdfea1724ee84f4987980ede925bdcc1"><enum>8004.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small id="id4CC5591EFA514E81A46132DF1A1D1AEF"><header>(transfer of
funds)</header><text></text>
</appropriations-small></section><section id="idFB3E437EAE224458BADBD0124BD68654"><enum>8005.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That a request for
multiple reprogrammings of funds using authority provided in this section must
be made prior to June 30, 2010:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" id="ID8602f1b452d04054af8c0cea38dc443b"><enum>8006.</enum><subsection commented="no" display-inline="yes-display-inline" id="id1F68D972CAE14762AD7B5FBB97247E52"><enum>(a)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the report shall
include—</text>
<paragraph changed="added" commented="no" id="ID6ed58ac7069c4ae9b6344652765babf9" reported-display-style="italic"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph changed="added" commented="no" id="ID08362ac3b5b94496a81a20606c6080db" reported-display-style="italic"><enum>(2)</enum><text>a delineation in the
table for each appropriation both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and</text>
</paragraph><paragraph changed="added" commented="no" id="IDbbf96ec33bea405a96e2e04eb0c7b6e6" reported-display-style="italic"><enum>(3)</enum><text>an identification of
items of special congressional interest.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID927655a9a3254fe4a230ffbc3bbfdc04" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section commented="no" id="ID2b79b37079934c969d2fbc7af0271317"><enum>8007.</enum><text display-inline="yes-display-inline">The Secretaries of the Air Force and the
Army are authorized, using funds available under the headings <quote>Operation
and Maintenance, Air Force</quote> and <quote>Operation and Maintenance,
Army</quote>, 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.</text>
<appropriations-small id="id59D16B5E64594F0DA4C4EDFD215A4F35"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="ID4036b21459484385a20a082ce55ecd68"><enum>8008.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That transfers may be made
between such funds:
<proviso><italic>Provided further</italic></proviso>, That transfers may
be made between working capital funds and the <quote>Foreign Currency
Fluctuations, Defense</quote> appropriation and the <quote>Operation and
Maintenance</quote> 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.</text>
</section><section commented="no" id="ID05e3358d0aa044ff97a4ba44778d4754"><enum>8009.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="IDae6b1655f85a46cb95b2007232a9cd5d"><enum>8010.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That no multiyear
procurement contract can be terminated without 10-day prior notification to the
congressional defense committees:
<proviso><italic>Provided further</italic></proviso>, That the execution
of multiyear authority shall require the use of a present value analysis to
determine lowest cost compared to an annual procurement:
<proviso><italic>Provided further</italic></proviso>, 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—</text>
<paragraph commented="no" id="IDe472245f969c425c8533544f110eb015"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph commented="no" id="ID2246df863e454728838a354b2d6a6eb3"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph commented="no" id="IDdfcaf7a50ed740d3a723c51e9f81813c"><enum>(3)</enum><text>the contract provides
that payments to the contractor under the contract shall not be made in advance
of incurred costs on funded units; and</text>
</paragraph><paragraph commented="no" id="IDb92614e70fbb455c9cd4b1145a6b18c8"><enum>(4)</enum><text>the contract does not
provide for a price adjustment based on a failure to award a follow-on
contract.</text>
</paragraph></section><section id="IDe2c7c3625fdd435abbc10a8097efa633"><enum>8011.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="ID417625a251174a0b861f18cef9b04cf0"><enum>8012.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE7949711DE3E4128B64A23C9F2EB8948"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" commented="no" id="IDa4fe6a07fd03484c9090664ed814cf30" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID020afab0cd784f43adfaa8c7607d255f" reported-display-style="italic"><enum>(c)</enum><text>Nothing in this section
shall be construed to apply to military (civilian) technicians.</text>
</subsection></section><section commented="no" id="ID4ac5336579724996911c1b0dbc58b9b7"><enum>8013.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID4a85559f791b4f19bfd6a0d1c7399fd9"><enum>8014.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That this section shall not
apply to those members who have reenlisted with this option prior to October 1,
1987:
<proviso><italic>Provided further</italic></proviso>, That this section
applies only to active components of the Army.</text>
</section><section commented="no" id="IDa4a9401f58f1437081f5ad69e697bd17"><enum>8015.</enum><subsection commented="no" display-inline="yes-display-inline" id="idDCF55E0FC1BC4F51A9777217DA50743F"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph changed="added" commented="no" id="IDe38c88daad1644f8865f836a925f799a" reported-display-style="italic"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph changed="added" commented="no" id="ID21cbc0b821ff468caa9d6daaeb5f4c46" reported-display-style="italic"><enum>(2)</enum><text>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—</text>
<subparagraph commented="no" id="IDfceb7dd53d5b475ca4104ba92b025e45"><enum>(A)</enum><text>10 percent of the most
efficient organization's personnel-related costs for performance of that
activity or function by Federal employees; or</text>
</subparagraph><subparagraph commented="no" id="ID71a33eeca6d244ba8c4a6a85251e2125"><enum>(B)</enum><text>$10,000,000; and</text>
</subparagraph></paragraph><paragraph changed="added" commented="no" id="ID3a9eb52b30ad43f8b04631736a03b1ce" reported-display-style="italic"><enum>(3)</enum><text>the contractor does not
receive an advantage for a proposal that would reduce costs for the Department
of Defense by—</text>
<subparagraph commented="no" id="ID9690a6306e45408d873d9bc7fee736f1"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph commented="no" id="ID2591aad768994ecba04dd5d464ae3129"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></subsection><subsection changed="added" commented="no" id="IDb99c7aefbe524271833a3da11e991a6f" reported-display-style="italic"><enum>(b)</enum><paragraph commented="no" display-inline="yes-display-inline" id="idECFA4C05875C4F7EBF49D83CE61B5412"><enum>(1)</enum><text>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—</text>
</paragraph><paragraph changed="added" commented="no" id="ID0fd08bd9f847407193d2dde5d6e89fa9" reported-display-style="italic"><enum>(A)</enum><text>is included on the
procurement list established pursuant to section 2 of the Javits-Wagner-O'Day
Act (41 U.S.C. 47);</text>
</paragraph><paragraph changed="added" commented="no" id="ID29e62622618243e0af1b541cd04e3dfe" reported-display-style="italic"><enum>(B)</enum><text>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</text>
</paragraph><paragraph changed="added" commented="no" id="ID0f6943773eaa464bb4176bd4fd802143" reported-display-style="italic"><enum>(C)</enum><text>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)).</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID289b1496f7b040e6a29ea67bbc5e91ac" reported-display-style="italic"><enum>(2)</enum><text>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.</text>
</subsection><subsection changed="added" commented="no" id="ID85ad6e7edbe7422eb3244eebc05e9df8" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection></section><appropriations-small id="id963303820D2F4F32923C168CFCF3BF98"><header>(transfer of
funds)</header>
</appropriations-small><section id="ID18e90cc916364482894d61090f984fcb"><enum>8016.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID36cebc022a364db89d96ec12ddffd65c"><enum>8017.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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):
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" id="IDd66b378cfccb4cc1a38f5ef282137c06"><enum>8018.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="IDfd6be4935ca24b27aaf625e91914c6aa"><enum>8019.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" id="ID9322a94ef3044cd9baadfa72b5e681b3"><enum>8020.</enum><text display-inline="yes-display-inline">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):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="ID7b76eabdce8a459a897b5641629f6922"><enum>8021.</enum><text display-inline="yes-display-inline">Funds appropriated by this Act for the
Defense Media Activity shall not be used for any national or international
political or psychological activities.</text>
</section><section commented="no" id="IDdc155a24f11d483b843454be255a8ae7"><enum>8022.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID68a621308aed4ccdbcb6e275aed36296"><enum>8023.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That upon receipt, such
contributions from the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.</text>
</section><section commented="no" id="ID458b4303c0de403e958edb7e9c471af0"><enum>8024.</enum><subsection commented="no" display-inline="yes-display-inline" id="id39FF3ED15DD64FECA21E50E1FF79099F"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph changed="added" commented="no" id="IDddb5e97936bc4c0baf6d4c025faef272" reported-display-style="italic"><enum>(1)</enum><text>$22,433,000 shall be
available from <quote>Operation and Maintenance, Air Force</quote> to support
Civil Air Patrol Corporation operation and maintenance, readiness, counterdrug
activities, and drug demand reduction activities involving youth
programs;</text>
</paragraph><paragraph changed="added" commented="no" id="IDdac8f01ce39a4783ba130a40ba44fc47" reported-display-style="italic"><enum>(2)</enum><text>$2,426,000 shall be
available from <quote>Aircraft Procurement, Air Force</quote>; and</text>
</paragraph><paragraph changed="added" commented="no" id="IDb0140943879b4a76acc981f70df2cd1f" reported-display-style="italic"><enum>(3)</enum><text>$897,000 shall be
available from <quote>Other Procurement, Air Force</quote> for vehicle
procurement.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID259c6bc0f9df4c1287a1e1d38f712802" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="IDa7f6d4e120284b89b62cdf1c72749aed"><enum>8025.</enum><subsection commented="no" display-inline="yes-display-inline" id="id0EEF7DA90EE84EB8A5E39C53ACAADAB2"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="IDe7dc901a84d9459cbe10dcd5af6110da" reported-display-style="italic"><enum>(b)</enum><text>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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</subsection><subsection changed="added" id="IDbf1cf58757a645e1b1af17aff19492a7" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection><subsection changed="added" commented="no" id="IDacfbc0562fed4c55b568ac28e1400114" reported-display-style="italic"><enum>(d)</enum><text>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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That this
subsection shall not apply to staff years funded in the National Intelligence
Program (NIP) and the Military Intelligence Program (MIP).</text>
</subsection><subsection changed="added" commented="no" id="IDd8efa01d4a914c07bdcb9ab62784c0c1" reported-display-style="italic"><enum>(e)</enum><text>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.</text>
</subsection><subsection changed="added" commented="no" id="ID57f6489ecb8b42b3b5efa3cbd70e1a86" reported-display-style="italic"><enum>(f)</enum><text>Notwithstanding any other
provision of this Act, the total amount appropriated in this Act for FFRDCs is
hereby reduced by $120,200,000.</text>
</subsection></section><section commented="no" id="IDf4afc56499db4f3fb236403da0406d1f"><enum>8026.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That these
restrictions shall not apply to contracts which are in being as of the date of
the enactment of this Act.</text>
</section><section id="IDb427b41cd69544d8899238da25c781b4"><enum>8027.</enum><text display-inline="yes-display-inline">For the purposes of this Act, the term
<quote>congressional defense committees</quote> 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.</text>
</section><section id="IDd223c4a1322641d49c60ae7d98f22cdc"><enum>8028.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That Office of
Management and Budget Circular A–76 shall not apply to competitions conducted
under this section.</text>
</section><section id="IDc467638d6bfb4bbab6cf70588b797eb8"><enum>8029.</enum><subsection commented="no" display-inline="yes-display-inline" id="idCB85AD5F58D34B29BCCBB997823EEDBC"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id7FB9D9FE915C4F5CA7CB9BFD7F95AE95"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="idC9A488B3EA024EA69663C94802AF9B70" indent="up1" reported-display-style="italic"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" id="ID518d688fa2c74ba5958ec8414ad9fd28" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID284d32cc41084c33a94957f1afff6000" reported-display-style="italic"><enum>(c)</enum><text>For purposes of this
section, the term <quote>Buy American Act</quote> means title III of the Act
entitled <quote>An Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for other
purposes</quote>, approved March 3, 1933 (41 U.S.C. 10a et seq.).</text>
</subsection></section><section id="ID749b9da4d8c54e6493d9f173d3ee9f12"><enum>8030.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID9846398f87434d57a038a85a2d571c73"><enum>8031.</enum><subsection commented="no" display-inline="yes-display-inline" id="idAB7D55A6766D4C3A949D43372F2E31EF"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="ID5ae5628b3bba4f61938faeb7019d0f8e" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID500f845e016a45da8214da3de8d7b9cb" reported-display-style="italic"><enum>(c)</enum><text>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).</text>
</subsection><subsection changed="added" id="ID5a112f37804a447aabf522180c1d6955" reported-display-style="italic"><enum>(d)</enum><text>In this section, the term
<quote>Indian tribe</quote> 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).</text>
</subsection></section><section id="id28156C37372F4D81BC9FE16A0E368BEA"><enum>8032.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="IDd49dfd6c51c04f4380e8456e92ab0278"><enum>8033.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2DF7A3AD00DF4867B60B5EA638A46CB4"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" commented="no" id="ID3bda68d698d44f3cb2940d4078975e26" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="ID81463e2322ff426a81d2c8c968b4e427"><enum>8034.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="ID0dae803e1bb94317908f1d0070a9a9dd"><enum>8035.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="IDa0f268c9764e4f03b408d04f4c5c6fe6"><enum>8036.</enum><text display-inline="yes-display-inline">Of the funds appropriated to the Department
of Defense under the heading <quote>Operation and Maintenance,
Defense-Wide</quote>, 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.</text>
</section><section commented="no" id="ID93163fc030ed426e980d172fea4a7e7c"><enum>8037.</enum><subsection commented="no" display-inline="yes-display-inline" id="id70B2FB20FC2742AB9B20775A0FF1F394"><enum>(a)</enum><text display-inline="yes-display-inline">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 <quote>Buy American Act</quote> means title III of the Act
entitled <quote>An Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for other
purposes</quote>, approved March 3, 1933 (41 U.S.C. 10a et seq.).</text>
</subsection><subsection changed="added" commented="no" id="ID2caddfdbac85490ebe7d63fdc211050f" reported-display-style="italic"><enum>(b)</enum><text>If the Secretary of
Defense determines that a person has been convicted of intentionally affixing a
label bearing a <quote>Made in America</quote> 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.</text>
</subsection><subsection changed="added" commented="no" id="IDce18944730ca45089b4a6d076dd63b97" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection></section><section id="ID255ba4864a354e22ba93d27935bf43ec"><enum>8038.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="IDcdc8c27a7f5d42a8974b759f1ed4c45e"><enum>(1)</enum><text>as a result of thorough
technical evaluation, only one source is found fully qualified to perform the
proposed work;</text>
</paragraph><paragraph id="ID1e31d8d724ad4b5da597f51d9557fddf"><enum>(2)</enum><text>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</text>
</paragraph><paragraph id="ID1f5846a08dbc4d199b31d711b25e568f"><enum>(3)</enum><text>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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph></section><section commented="no" id="ID4d9dcb69ba6f47cd9ef7d7cbd4f34328"><enum>8039.</enum><subsection commented="no" display-inline="yes-display-inline" id="id63BA139E94D24E06A2724201AED91CCE"><enum>(a)</enum><text display-inline="yes-display-inline">Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used—</text>
<paragraph changed="added" commented="no" id="ID983859d84fbe43afb9729f35d8a75e0e" reported-display-style="italic"><enum>(1)</enum><text>to establish a field
operating agency; or</text>
</paragraph><paragraph changed="added" commented="no" id="ID1b8777700b4e459ab5bcd4cbf1171ebd" reported-display-style="italic"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID86630d2ddf8e4508b9f3d9c26fef55a1" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" commented="no" id="ID58138381f2184ce1ba7fe7c322199d14" reported-display-style="italic"><enum>(c)</enum><text>This section does not
apply to—</text>
<paragraph commented="no" id="IDadfa563ee95243b4910e4e4ea357f88e"><enum>(1)</enum><text>field operating agencies
funded within the National Intelligence Program; or</text>
</paragraph><paragraph commented="no" id="IDcea33a4f1a8c4828a5dda3f25a630227"><enum>(2)</enum><text>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.</text>
</paragraph></subsection></section><appropriations-small id="idCE50B9CDDA9D4BFB91E4D7BB9DC4CE3D"><header>(rescissions)</header>
</appropriations-small><section id="id0B8A49B2F3464A7089BF62201B92D538"><enum>8040.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="idE3D4108F386F4A029FEE88D2A85A3A35"><enum></enum><text display-inline="yes-display-inline">“Research, Development, Test and
Evaluation, Air Force, 2009/2010”, $110,230,000;</text>
</paragraph><paragraph id="id1167D904FE7D45F89E2FE34EC20B0571"><enum></enum><text display-inline="yes-display-inline">“Research, Development, Test and
Evaluation, Defense-Wide, 2009/2010”, $199,750,000;</text>
</paragraph><paragraph id="id60C79FF1716B40D3A846201A74DC2FEF"><enum></enum><text display-inline="yes-display-inline">“Procurement of Weapons and Tracked Combat
Vehicles, Army, 2009/2011”, $41,087,000;</text>
</paragraph><paragraph id="id31D22AB001B3438DBDC5792B06D3B7F2"><enum></enum><text display-inline="yes-display-inline">“Other Procurement, Army, 2009/2011”,
$138,239,000;</text>
</paragraph><paragraph id="id9B50AFB3459C41D4A1394611E4EAA020"><enum></enum><text display-inline="yes-display-inline">“Aircraft Procurement, Air Force,
2009/2011”, $628,900,000;</text>
</paragraph><paragraph id="idB019B360079941578C9681FFC3114D37"><enum></enum><text display-inline="yes-display-inline">“Missile Procurement, Air Force,
2009/2011”, $147,595,000;</text>
</paragraph><paragraph id="idD03F2DBA792B450EA355B4DFEB459F88"><enum></enum><text display-inline="yes-display-inline">“Other Procurement, Air Force, 2009/2011”,
$5,000,000;</text>
</paragraph><paragraph id="id7476C27E1DCD4656938EEB07332F5FAB"><enum></enum><text display-inline="yes-display-inline">“Procurement, Defense-Wide, 2009/2011”,
$5,200,000; and</text>
</paragraph><paragraph id="id6FD89D28E993420D85B673AB3E5D2F56"><enum></enum><text display-inline="yes-display-inline">“Procurement, Defense-Wide, 2008/2010”,
$2,000,000.</text>
</paragraph></section><section commented="no" id="idF77D99FB378F44C18F7DEA3D3ECB78B7"><enum>8041.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID2b6e023969b347b381bb801ec70030ec"><enum>8042.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDeb12c45977224ed9ae0aae7837dd44cb"><enum>8043.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That nothing in this
section authorizes deviation from established Reserve and National Guard
personnel and training procedures.</text>
</section><section commented="no" id="IDbfa6f943e9524577986e51d1f4144497"><enum>8044.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="ID0d8b0b91ec1d4ab9bf89a8dd542bad19"><enum>8045.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3FFE68CB561441048FBF62B491F106CD"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="ID5a9526e620b04f76b0b4ba76ff40885e" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section commented="no" id="IDebd73c4be87d462d81bbd9e6e00a54f9"><enum>8046.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That this
restriction shall not apply to the purchase of <quote>commercial items</quote>,
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.</text>
</section><section commented="no" id="IDcd525d69d8204cf0bcb921b890fe76c6"><enum>8047.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="IDeff2ff24613342d3bb64ff6ba54b2124"><enum>8048.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" id="ID90653de66d984adc864e134b01534b63"><enum>8049.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2D76B7F746204E89A02361B9DEE02DF2"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" commented="no" id="IDf59ce65e9c934f2b9bac2ea560fefc79" reported-display-style="italic"><enum>(b)</enum><text>This section applies
to—</text>
<paragraph commented="no" id="idCEAC990F413A429FB2AE93163FF4067B"><enum>(1)</enum><text>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</text>
</paragraph><paragraph commented="no" id="idF18CFAE011264888B322AC33594014F4"><enum>(2)</enum><text display-inline="yes-display-inline">any other international peacekeeping,
peace-enforcement, or humanitarian assistance operation.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID65afcad76b1e4102885b4c292a364414" reported-display-style="italic"><enum>(c)</enum><text>A notice under subsection
(a) shall include the following—</text>
<paragraph commented="no" id="ID8eca36759fac470797f3d52ca532fb02"><enum>(1)</enum><text>A description of the
equipment, supplies, or services to be transferred.</text>
</paragraph><paragraph commented="no" id="ID116dc812f8a04c6faa5ff0cffa1d0466"><enum>(2)</enum><text>A statement of the value
of the equipment, supplies, or services to be transferred.</text>
</paragraph><paragraph commented="no" id="ID22744edf0c0445b18eade76fd4e0023f"><enum>(3)</enum><text>In the case of a proposed
transfer of equipment or supplies—</text>
<subparagraph commented="no" id="ID71cc8cf1fa7f47c3b776c5e681a350d7"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph commented="no" id="IDe86cf54c5ec14d04a5f8eea63a3a8863"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph></subsection></section><section id="ID50397e874d6046308cf4ffb176af1216"><enum>8050.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="ID92b96052c097492bbab57e3ebe08e89f"><enum>(1)</enum><text>such costs are for a
bonus or otherwise in excess of the normal salary paid by the contractor to the
employee; and</text>
</paragraph><paragraph id="ID8fae3a32d29c43f186e42bf963c1a0c5"><enum>(2)</enum><text>such bonus is part of
restructuring costs associated with a business combination.</text>
</paragraph></section><appropriations-small id="idEC26231FD7E94100B9E0A692D9D2AAE0"><header>(including transfer of
funds)</header>
</appropriations-small><section id="ID6a1c828f77d0423abad4eb2fa1566a4f"><enum>8051.</enum><text display-inline="yes-display-inline">During the current fiscal year, no more
than $30,000,000 of appropriations made in this Act under the heading
<quote>Operation and Maintenance, Defense-Wide</quote> 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.</text>
</section><section commented="no" id="ID5ff96e6c356a4026a18edd496685cecd"><enum>8052.</enum><subsection commented="no" display-inline="yes-display-inline" id="id0FF4185C9CDA49BB89A600371EDB0522"><enum>(a)</enum><header>In
General</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" commented="no" id="id276BFA38A58E45E29C5CF0089358C841" reported-display-style="italic"><enum>(b)</enum><header>Applicability</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" commented="no" id="id43A12175AC4D414AA8063ED605242FFB" reported-display-style="italic"><enum>(c)</enum><header>World War II
Defined</header><text display-inline="yes-display-inline">In this section, the
term <quote>World War II</quote> has the meaning given that term in section
101(8) of title 38, United States Code.</text>
</subsection></section><section id="ID4c8d13a22be247caa0c7b022157bbf49"><enum>8053.</enum><subsection commented="no" display-inline="yes-display-inline" id="id92F7FF2CB41A4204987532C7A113D0B5"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="ID251c8c045af04d3f9b8061906a25378c" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section commented="no" id="IDd160e8d0fe494b7399a942341d29cc45"><enum>8054.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="IDb8835b0d0a68445e9f2ffe255486b575"><enum>8055.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That this restriction does
not apply to end-items used in development, prototyping, and test activities
preceding and leading to acceptance for operational use:
<proviso><italic>Provided further</italic></proviso>, That this
restriction does not apply to programs funded within the National Intelligence
Program:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="id1FB5EC0CEC8D4A9299F5020070B006DC"><enum>8056.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="IDcf5d93da46454cefa0d7ee773321f988"><enum>8057.</enum><subsection commented="no" display-inline="yes-display-inline" id="id292A767101144134983AD0D3C9BD2848"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="IDe7b69020969548118706df9599dd2fbc" reported-display-style="italic"><enum>(b)</enum><text>Subsection (a) applies
with respect to—</text>
<paragraph id="ID95f9e82716f547d4a82f53cae1747bd2"><enum>(1)</enum><text>contracts and
subcontracts entered into on or after the date of the enactment of this Act;
and</text>
</paragraph><paragraph id="IDb5723343a607453a92f88a8177491852"><enum>(2)</enum><text>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).</text>
</paragraph></subsection><subsection changed="added" id="IDc8fc36e58ab64753a723699987ebc595" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection></section><section id="IDbcbae4879b5b4355accceb5313f95b12"><enum>8058.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2D5DDE806DB84D708B57921E89B84478"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="ID4ba11e635bed40bf9fadf7f8654e4c3e" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection><subsection changed="added" id="ID952b0bb915154faea0202ddcd8ad1d9c" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection><subsection changed="added" id="IDf75acf007de14621a7b3bd48646d14e7" reported-display-style="italic"><enum>(d)</enum><text>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.</text>
</subsection></section><section commented="no" id="IDe1f2efc565724f199c1ed886189be126"><enum>8059.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" id="ID55c6b79008124e23b230b5e31b91592a"><enum>8060.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="IDd5e4e3c5490040709d75bbab4426559b"><enum>8061.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
funds appropriated in this Act under the heading <quote>Research, Development,
Test and Evaluation, Defense-Wide</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" id="IDf1c1538035804b7e95776ed7f2acf22e"><enum>8062.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID779ba249b4854f64b827172df6549ff9"><enum>8063.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="ID956aae2852fc486594a9a1648114199d"><enum>8064.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID40ef3973e24b4646982356debed0169e"><enum>8065.</enum><text display-inline="yes-display-inline">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 <quote>armor penetrator</quote>,
<quote>armor piercing (AP)</quote>, <quote>armor piercing incendiary
(API)</quote>, or <quote>armor-piercing incendiary-tracer (API–T)</quote>,
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.</text>
</section><section id="ID9d7d142254e84b98a9be7820d31c7de6"><enum>8066.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="IDcb15f9ce0b7545008dcc6c4e6c949b8d"><enum>8067.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="ID040ab64a133f426eacf742acc7f25988"><enum>8068.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id8B19A82309C7427E9DF0FC9812EF40C2"><header>(including transfer of funds)
</header>
</appropriations-small></section><section id="IDe7baf2091f044bec8be0c80f2c64736b"><enum>8069.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Operation and Maintenance, Army</quote>, $106,754,000
shall remain available until expended:
<proviso><italic>Provided</italic></proviso>, That notwithstanding any
other provision of law, the Secretary of Defense is authorized to transfer such
funds to other activities of the Federal Government:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That contracts
entered into under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="ID744d7102b9c542d3a573cc2b04cde365"><enum>8070.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="id07EC02EC439F43338411C7653804A9F6"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="ID44928016d73e4b31b963d9f35c371cd7"><enum>8071.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Research, Development, Test and Evaluation,
Defense-Wide</quote>, $202,434,000 shall be for the Israeli Cooperative
Programs:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided under this provision is in addition to any other transfer
authority contained in this Act.</text>
<appropriations-small id="id435D9C83D7384695AFD7F440096081A1"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="ide03c8233-6647-4432-897a-91d8dfbf22e7"><enum>8072.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Shipbuilding and Conversion, Navy</quote>,
$144,950,000 shall be available until September 30, 2010, to fund prior year
shipbuilding cost increases:
<proviso><italic>Provided</italic></proviso>, That upon enactment of this
Act, the Secretary of the Navy shall transfer such funds to the following
appropriations in the amounts specified:
<proviso><italic>Provided further</italic></proviso>, That the amounts
transferred shall be merged with and be available for the same purposes as the
appropriations to which transferred:</text>
<paragraph id="idC55EEA3B10C7440395CF27F04F0E59A6"><enum></enum><text display-inline="yes-display-inline">To:</text>
<subparagraph id="id4CFCB7645075429899635DA76BE9812B"><enum></enum><text display-inline="yes-display-inline">Under
the heading <quote>Shipbuilding and Conversion, Navy, 2004/2010</quote>:</text>
<clause id="id51A18B083BD84F6584776AB801A0AF4E"><enum></enum><text display-inline="yes-display-inline">New
SSN, $26,906,000; and</text>
</clause><clause id="id3BE1184BE5C04AE9B8CD17E99CEDEDC8"><enum></enum><text display-inline="yes-display-inline">LPD–17 Amphibious Transport Dock Program,
$16,844,000.</text>
</clause></subparagraph><subparagraph id="id53C17362EEB04239B515C6950CBD8862"><enum></enum><text display-inline="yes-display-inline">Under
the heading <quote>Shipbuilding and Conversion, Navy, 2005/2010</quote>:</text>
<clause id="id3AA2F35C85D742A794F7581004B2DED9"><enum></enum><text display-inline="yes-display-inline">New
SSN, $18,702,000; and</text>
</clause><clause id="id0088DFEE7F7643DCAD125C933208AB7B"><enum></enum><text display-inline="yes-display-inline">LPD–17 Amphibious Transport Dock Program,
$16,498,000.</text>
</clause></subparagraph><subparagraph id="id8118D404E7434EB187B87AC113D112D5"><enum></enum><text display-inline="yes-display-inline">Under
the heading <quote>Shipbuilding and Conversion, Navy, 2008/2012</quote>:</text>
<clause id="id50321A30CDAE4C84989F2EAE4102D77A"><enum></enum><text display-inline="yes-display-inline">LPD–17 Amphibious Transport Dock Program,
$66,000,000.</text>
</clause></subparagraph></paragraph></section><section commented="no" id="ID77e4d96497af458285b66aa36c8c8757"><enum>8073.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="ID26e64bc5510f41c88db10220d69d40d7"><enum>8074.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="IDd068c18b1c3a4d0c9fd6a58cc03fd86e"><enum></enum><text>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:</text>
<subparagraph id="IDd7f10e469b604600a1692f528b3a934a"><enum>(A)</enum><text>The requirements of
section 7403(g)(1)(A) of title 38, United States Code, shall apply.</text>
</subparagraph><subparagraph id="IDf064af6114604c9d8283a2c2ee9eca39"><enum>(B)</enum><text>The limitations of
section 7403(g)(1)(B) of title 38, United States Code, shall not apply.</text>
</subparagraph></paragraph></section><section id="ID7148c90eb8674e4382e5d52bc1deb0d6"><enum>8075.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID158c5d6806d64409b0934db15e346385"><enum>8076.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID408265b973e44465bb39ef21c51c561b"><enum>8077.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" id="ID51f8e64e138e46e2bf6a5abc75e3a0f2"><enum>8078.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" id="IDbc5515db1a234a2aa86f9037b6336b96"><enum>8079.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" id="IDe9efbdafe5f34b30a91aca52bad59cda"><enum>8080.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID78f932c78d5042c884e9d8d64a3160ed"><enum>8081.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" id="ID459be25a17e845ef89d462a4c63e125e"><enum>8082.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" id="ID3588f211e8c540c6aba07a5cc89a50b6"><enum>8083.</enum><subsection commented="no" display-inline="yes-display-inline" id="id9FDE5BE70293424FA14513E02211EAE8"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" commented="no" id="ID6a9ed77730ff4cd784ebf80139002b2f" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><appropriations-small id="id3B9C31E2497648C7B93516EE1FEA5CB7"><header>(including transfer of
funds)</header>
</appropriations-small><section id="ID60600de41bcf4f6ba72bec8405580325"><enum>8084.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary may
transfer not to exceed $100,000,000 under the authority provided by this
section:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the transfer
authority provided by this section is in addition to any other transfer
authority contained elsewhere in this Act.</text>
</section><section id="ID309b26268de5423e981e52d336612217"><enum>8085.</enum><text display-inline="yes-display-inline">For purposes of section 612 of title 41,
United States Code, any subdivision of appropriations made under the heading
<quote>Shipbuilding and Conversion, Navy</quote> 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
<quote>Shipbuilding and Conversion, Navy</quote> appropriations in the current
fiscal year or any prior fiscal year.</text>
</section><section commented="no" id="IDb59d6a396e524814aca5223e91a3377c"><enum>8086.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE1FD4A911DA84442A7A4FE84898EBBA2"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" commented="no" id="ID70cd6dab33d840728a98448785e16e54" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section commented="no" id="ID8753119f597e48759a10fe92ae89e45d"><enum>8087.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ID21e93251de2b4f6ba7fc7ff3394c06de"><enum>8088.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID880463235e294b8f8d2d458717943616"><enum>8089.</enum><text display-inline="yes-display-inline">Up to $16,000,000 of the funds appropriated
under the heading <quote>Operation and Maintenance, Navy</quote> 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:
<proviso><italic>Provided</italic></proviso>, That funds made available
for this purpose may be used, notwithstanding any other funding authorities for
humanitarian assistance, security assistance or combined exercise expenses:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="ID7d872519e26944d1b2fe8b1fff4b09d9"><enum>8090.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="IDc4d7a88e630b47668cf7d9dc49f14328"><enum>8091.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="ID7e185815a14046559015fdbf1336447b"><enum>8092.</enum><text display-inline="yes-display-inline">For purposes of section 1553(b) of title
31, United States Code, any subdivision of appropriations made in this Act
under the heading <quote>Shipbuilding and Conversion, Navy</quote> shall be
considered to be for the same purpose as any subdivision under the heading
<quote>Shipbuilding and Conversion, Navy</quote> appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total amount of
the appropriation.</text>
</section><section commented="no" id="ID21ebe2b10a7b465cb4548ed225879b55"><enum>8093.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="ID2b4c9c6e1f544c12a3d3abe096787467"><enum>8094.</enum><text display-inline="yes-display-inline">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.</text>
<paragraph commented="no" id="IDe5e2db1efafc41818c88f179a5177c4c"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph commented="no" id="IDe209ce0ede734c5ba2add562f8d3d664"><enum>(2)</enum><text>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.</text>
</paragraph></section><section id="IDe3f66021962c48adbddb96ec46f8f632"><enum>8095.</enum><text display-inline="yes-display-inline">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):</text>
<paragraph id="IDb519760c8ecc40abb02805103e07957e"><enum>(1)</enum><text>Section 2340A of title
18, United States Code.</text>
</paragraph><paragraph id="IDe0c0dd3edd944c3d918d3c2771f52fc7"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="ID3303549e08a64c9b9afaca2e584f9bdb"><enum>(3)</enum><text>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).</text>
</paragraph></section><section commented="no" id="ID5f0f6b5f6adf4480ad6a5b889f818e3b"><enum>8096.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE51C485E5F5B4F28AF1BB5F86FF3C3D5"><enum>(a)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the report shall
include—</text>
<paragraph changed="added" commented="no" id="ID3048496e7ddb4adfbbab6047b9d16e9b" reported-display-style="italic"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph changed="added" commented="no" id="ID6d246a51dd7544cabdfea07903d15695" reported-display-style="italic"><enum>(2)</enum><text>a delineation in the
table for each appropriation by Expenditure Center and project; and</text>
</paragraph><paragraph changed="added" commented="no" id="ID31630b2577804648ba06b7f9bd3e8ca8" reported-display-style="italic"><enum>(3)</enum><text>an identification of
items of special congressional interest.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID193102d31d7d4ca393fede1b60d1cfaa" reported-display-style="italic"><enum>(b)</enum><text>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.</text>
</subsection></section><section commented="no" id="ID42dc1e71d2a14415bcff7b662866220e"><enum>8097.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="IDf4ef9939963e46ae8443d430257d4e8a"><enum>8098.</enum><text display-inline="yes-display-inline">For the purposes of this Act, the term
<quote>congressional intelligence committees</quote> 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.</text>
</section><section commented="no" id="ID44feb160d55c441ea0c9eacff5f9d5d4"><enum>8099.</enum><text display-inline="yes-display-inline">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
<quote>Contingency Operations</quote>, Annex 1, dated September 2005.</text>
</section><section commented="no" id="IDFEFA069BBE4348B4B02254520B030EE1"><enum>8100.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" id="ID0E6E4C976274478F8DCDC032A99AB5C2"><enum></enum><text>From <quote>Operation and Maintenance,
Air Force</quote>, $500,000,000.</text>
</paragraph></section><section commented="no" id="idB358D9FF774748B79F45AAA4ECFF76D0"><enum>8101.</enum><text display-inline="yes-display-inline">During the current fiscal year, not to
exceed $10,000,000 from each of the appropriations made in title III of this
Act for <quote>Operation and Maintenance, Army</quote>, <quote>Operation and
Maintenance, Navy</quote>, and <quote>Operation and Maintenance, Air
Force</quote> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idD78D968D1B1F4CA1A1837E271E74FE04" section-type="subsequent-section"><enum>8102.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the Office of
Management and Budget must approve any transfers made under this
provision.</text>
</section><section commented="no" display-inline="no-display-inline" id="idF1F7F089E98A466495C4ACCD041E71E8" section-type="subsequent-section"><enum>8103.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idC9BD7215E849425AAB0738FD6E87E4B5"><enum>8104.</enum><subsection commented="no" display-inline="yes-display-inline" id="id6B98A682F8404873B58B4EE8D5DFF6F5"><enum>(a)</enum><header>Report on
Ground-Based Interceptor missiles</header><text display-inline="yes-display-inline">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—</text>
<paragraph changed="added" id="id62B767EC683446E3A54239701850045C" reported-display-style="italic"><enum>(1)</enum><text display-inline="yes-display-inline">the number of Ground-based Interceptor
missiles proposed to be produced during fiscal year 2010; and</text>
</paragraph><paragraph changed="added" id="id358B74CE320F4486AF3EF83EC3F30119" reported-display-style="italic"><enum>(2)</enum><text display-inline="yes-display-inline">any plans for maintaining production of
such missiles and the subsystems and components of such missiles.</text>
</paragraph></subsection><subsection changed="added" id="id65708C1E2A864DF8965C53910B95217A" reported-display-style="italic"><enum>(b)</enum><header>Report on Ground-Based
Midcourse Defense system</header><text>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:</text>
<paragraph id="id507845A98AAE4EA8AE5D06C9A548B80D"><enum>(1)</enum><text display-inline="yes-display-inline">To maintain the capability for production
of Ground-Based Interceptor missiles.</text>
</paragraph><paragraph id="id93D4078E3CD147DEBC38A92E567E5D79"><enum>(2)</enum><text display-inline="yes-display-inline">To address modernization and obsolescence
of the Ground-Based Midcourse Defense system.</text>
</paragraph><paragraph id="idD2EF5987B4B64CFDB32FBC7D83BA8FF3"><enum>(3)</enum><text display-inline="yes-display-inline">To conduct a robust test program for the
Ground-Based Midcourse Defense system.</text>
</paragraph></subsection></section><section id="id10ECE91F14CC465785A157D9FEB31A94"><enum>8105.</enum><subsection commented="no" display-inline="yes-display-inline" id="idAB709536F7C342A7BDA62A98AEC2B83B"><enum>(a)</enum><header>High Priority
National Guard Counterdrug Programs</header><text>Of the amount appropriated or
otherwise made available by title VI under the heading <quote><header-in-text level="subsection" style="OLC">Drug Interdiction and Counter-Drug Activities,
Defense</header-in-text></quote>, up to $30,000,000 shall be available for the
purpose of High Priority National Guard Counterdrug Programs.</text>
</subsection><subsection changed="added" id="id3B386C20EEC84A02A4BF09F09A619A72" reported-display-style="italic"><enum>(b)</enum><header>Supplement not
supplant</header><text>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.</text>
</subsection></section><appropriations-small id="id750BF7632A5C44CEBEFC4B4264EC01CC"><header>Apology to Native Peoples of the United
States</header>
</appropriations-small><section id="id39F431F027584AFFB3F49FDA38B3AEEA"><enum>8106.</enum><subsection commented="no" display-inline="yes-display-inline" id="idF97E70EB904D4354878879F1E4A6EEEF"><enum>(a)</enum><header>Acknowledgment and
apology</header><text>The United States, acting through Congress—</text>
<paragraph changed="added" id="ID48F152CF06164E4CBBA3DFF1A0E69F09" reported-display-style="italic"><enum>(1)</enum><text>recognizes the special
legal and political relationship Indian tribes have with the United States and
the solemn covenant with the land we share;</text>
</paragraph><paragraph changed="added" id="ID21B3F5189C0341D7B5C160B7CBDB9065" reported-display-style="italic"><enum>(2)</enum><text>commends and honors
Native Peoples for the thousands of years that they have stewarded and
protected this land;</text>
</paragraph><paragraph changed="added" id="IDB043FE0DCA7D4A988986DFDBDFA5500E" reported-display-style="italic"><enum>(3)</enum><text>recognizes that there
have been years of official depredations, ill-conceived policies, and the
breaking of covenants by the Federal Government regarding Indian tribes;</text>
</paragraph><paragraph changed="added" id="ID81315A1E97254F6AA452D32637231D59" reported-display-style="italic"><enum>(4)</enum><text>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;</text>
</paragraph><paragraph changed="added" id="ID5D5EEC477774470BA32E596D3A72F5CE" reported-display-style="italic"><enum>(5)</enum><text>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;</text>
</paragraph><paragraph changed="added" id="IDDA4851F3FE3540E2AADC46C2CE5628C0" reported-display-style="italic"><enum>(6)</enum><text>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</text>
</paragraph><paragraph changed="added" commented="no" display-inline="no-display-inline" id="ID70C91236CC7749959F8E096646E4B70D" reported-display-style="italic"><enum>(7)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" commented="no" display-inline="no-display-inline" id="idF3E5F0835F9A4134A84278E004810315" reported-display-style="italic"><enum>(b)</enum><header>Disclaimer</header><text>Nothing
in this section—</text>
<paragraph id="ID5BFD73956F20445E90C2AC739971B23D"><enum>(1)</enum><text>authorizes or supports
any claim against the United States; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="ID49E9E7044BA24E3AAE06C5D9D4C3D29B"><enum>(2)</enum><text>serves as a settlement of
any claim against the United States.</text>
</paragraph></subsection></section><section id="id60E1BEE8B65F42DCB62FA0CD6BBF01FF"><enum>8107.</enum><subsection commented="no" display-inline="yes-display-inline" id="id6E5959C1A87440E29198DBBCE8410386"><enum>(a)</enum><header>Report on use of live
primates in training relating to chemical and biological
agents</header><text>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.</text>
</subsection><subsection changed="added" id="id8600FED5C9494BEFBEA208BCEFEFC844" reported-display-style="italic"><enum>(b)</enum><header>Elements</header><text>The
report required by subsection (a) shall include, at a minimum, the
following:</text>
<paragraph id="id8CD55B556DFB4DD08FDCF0A918622E56"><enum>(1)</enum><text display-inline="yes-display-inline">The number of live primates used in the
training described in subsection (a).</text>
</paragraph><paragraph id="id45364A4F4CEB4465ADB2169DFA41CBAF"><enum>(2)</enum><text>The average lifespan of
primates from the point of introduction into such training programs.</text>
</paragraph><paragraph id="idFFA371E51D444FBD973D4089441C78A1"><enum>(3)</enum><text>An explanation why the
use of primates in such training is more advantageous and realistic than the
use of human simulators or other alternatives.</text>
</paragraph><paragraph id="id8E4898DC8C554E16A84601EBC6E93365"><enum>(4)</enum><text>An estimate of the cost
of converting from the use of primates to human simulators in such
training.</text>
</paragraph></subsection></section><section id="idF64C301F1E1E460EAD5031E796A7C685"><enum>8108.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE810568607054BBE99586A798FC83916"><enum>(a)</enum><header>Findings</header><text display-inline="yes-display-inline">The Senate makes the following
findings:</text>
<paragraph changed="added" id="idC1284ED9D55F4C999BF41D342DDF7BFE" reported-display-style="italic"><enum>(1)</enum><text display-inline="yes-display-inline">Real time intelligence, surveillance, and
reconnaissance (ISR) is critical to our warfighters in fighting the ongoing
wars in Iraq and Afghanistan.</text>
</paragraph><paragraph changed="added" id="id5A8F2221E51049068268F053C14A03D4" reported-display-style="italic"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="idC7A4CD2E40784D52B87E0F1476A06AA0" reported-display-style="italic"><enum>(3)</enum><text display-inline="yes-display-inline">The Chief of Staff of the Air Force,
General Norton Schwartz, has stated that the Air Force is “all-in” for the
joint fight.</text>
</paragraph><paragraph changed="added" id="id893D6787D776453882CBE2A2A9A11D8B" reported-display-style="italic"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="idC6B741AD7EC3430BB704F2C39089DCE8" reported-display-style="italic"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="id9ED0608E3696463A9A3BFA3199044B33" reported-display-style="italic"><enum>(6)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="id233F5CBE288F4160B0C1FF2C4DA145AA" reported-display-style="italic"><enum>(7)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="id755964FE634149A3B44BE5BB7A2E4A90" reported-display-style="italic"><enum>(8)</enum><text display-inline="yes-display-inline">The current engines greatly limit the
performance of Joint STARS aircraft and are the highest cause of maintenance
problems and mission aborts.</text>
</paragraph><paragraph changed="added" id="idBD273905A7904583AA52E56094BBF2A7" reported-display-style="italic"><enum>(9)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="idF3467F6A106649428EB3FE54BE6AD1F0" reported-display-style="italic"><enum>(10)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="id0E299786C5894E2A88E05BF49736061F" reported-display-style="italic"><enum>(11)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="id7116D0307147414AAE90BD050F31E3C3" reported-display-style="italic"><enum>(12)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="added" id="idDC39216512554BFA9B2BEFDDB7DC9010" reported-display-style="italic"><enum>(13)</enum><text display-inline="yes-display-inline">On September 22, 2009, the Department of
Defense re-affirmed their support for the President's Budget request for Joint
STARS re-engining.</text>
</paragraph><paragraph changed="added" id="idE385EC215C3841D992EBA105A7A3C90E" reported-display-style="italic"><enum>(14)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection changed="added" id="idD0A99C2F64D04635B617F97607AC892B" reported-display-style="italic"><enum>(b)</enum><header>Sense of
Senate</header><text display-inline="yes-display-inline">It is the sense of the
Senate that—</text>
<paragraph id="id71047CA7DD314420A7311800638F02CE"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="id67B6593355AC45DF8FC188A333DB0F1B"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section id="idA9896193F7424927B3E2FE79A1179402"><enum>8109.</enum><subsection commented="no" display-inline="yes-display-inline" id="idC12C89BB9F624CD6B7B79850EF7C78C1"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="id614BA40A864541A39E38AC4C4E55DF2C" reported-display-style="italic"><enum>(b)</enum><text>Subsection (a) shall not
apply to a report if—</text>
<paragraph id="id079B6BEB480C4CD09C96B2AD02B89DBE"><enum>(1)</enum><text>the public posting of the
report compromises national security; or</text>
</paragraph><paragraph id="id2A59C82590044626AC19F798E552EA68"><enum>(2)</enum><text>the report contains
proprietary information.</text>
</paragraph></subsection></section><section id="IDa35a388615fa4d0fbf0df979283732ed"><enum>8110.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2E14D8D782714A9EB93424BA7F2C2AC2"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="idCFFDD314A9534FC79B20246782CD05CB" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">The report required under subsection (a)
shall include—</text>
<paragraph id="ID1d89ba7fab374c20bca76fffefe83e0e"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="id24B2E2B44D2C48B7B489C0B4E7ADFC3B"><enum>(2)</enum><text>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.</text>
</paragraph></subsection></section><section id="idBD21FA49A1F5469AA8173EB450D515E4"><enum>8111.</enum><text>Of the amount
appropriated or otherwise made available by title IV under the heading
<quote><header-in-text level="subsection" style="OLC">Research, Development,
Test, and Evaluation, Army</header-in-text></quote>, $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.</text>
</section><section id="ID240dd7da8d414332895812958e47c40f"><enum>8112.</enum><subsection commented="no" display-inline="yes-display-inline" id="id679A7032F4E942998F18D47BEE28DD3B"><enum>(a)</enum><text display-inline="yes-display-inline">It is the sense of Congress that—</text>
<paragraph changed="added" id="ID2204118f92d44dc780e545193b547d82" reported-display-style="italic"><enum>(1)</enum><text>All of the National
Nuclear Security Administration sites, including the Nevada Test Site can play
an effective and essential role in developing and demonstrating—</text>
<subparagraph id="ID9cf8ee72cb914f51aa4df31208975527"><enum>(A)</enum><text>innovative and effective
methods for treaty verification and the detection of nuclear weapons and other
materials; and</text>
</subparagraph><subparagraph id="ID8ff7482949eb4dfd85d6680c5cf61ccd"><enum>(B)</enum><text>related threat reduction
technologies; and</text>
</subparagraph></paragraph><paragraph changed="added" id="IDbc694cd91f1c4433a66d93c5fc09f550" reported-display-style="italic"><enum>(2)</enum><text>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—</text>
<subparagraph id="IDeebe56850c0a405396cd75b1ed598140"><enum>(A)</enum><text>fully utilizing the
inherent capabilities and uniquely secure location of the Site;</text>
</subparagraph><subparagraph id="IDaff31668e52f4a81a9f3dd2b2c8df042"><enum>(B)</enum><text>continuing to support the
Nation's nuclear weapons program and other national security programs;
and</text>
</subparagraph><subparagraph id="ID45c8124bd1b04edea0520977a5377f89"><enum>(C)</enum><text>renaming the Site to
reflect the expanded mission of the Site.</text>
</subparagraph></paragraph></subsection><subsection changed="added" id="IDbf81123166014de1a7cef843fa1fd2f6" reported-display-style="italic"><enum>(b)</enum><text>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—</text>
<paragraph id="ID996b8f3af54e41628c1b02189bc8076a"><enum>(1)</enum><text>to fulfill the expanded
mission of the Site described in subsection (a); and</text>
</paragraph><paragraph id="ID9cbdb222a70f417fb51e34be9606362f"><enum>(2)</enum><text>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.</text>
</paragraph></subsection></section><section id="id34FE17DF74624AA888B2007D4D1C015F"><enum>8113.</enum><text display-inline="yes-display-inline">Of the amounts appropriated or otherwise
made available by title II under the heading <quote><header-in-text level="subsection" style="OLC">Operation and Maintenance,
Defense-Wide</header-in-text></quote> 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.</text>
</section><section id="id1DE8CAAD167545ADA786F3E2EDF36FD0"><enum>8114.</enum><text display-inline="yes-display-inline">Of the amount appropriated or otherwise
made available by title II under the heading <quote><header-in-text level="subsection" style="OLC">Operation and Maintenance,
Defense-Wide</header-in-text></quote>, 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.</text>
</section><section id="idBD2E79D69BB24E9890FD8EAB760B38E1"><enum>8115.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id8E1FB5A9DDB24176AD1281924D368969"><enum>8116.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3ACB5478CF9942F08E5366A6405C9E0E"><enum>(a)</enum><header>Limitation on
availability of funds for execution of contracts under LOGCAP</header><text display-inline="yes-display-inline">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—</text>
<paragraph changed="added" id="idC023FB162E6E48ABBEBB713BF54DAB12" reported-display-style="italic"><enum>(1)</enum><text display-inline="yes-display-inline">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;</text>
</paragraph><paragraph changed="added" id="IDbca72c05dd6d4d4f96d58666d86fd75a" reported-display-style="italic"><enum>(2)</enum><text>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</text>
</paragraph><paragraph changed="added" id="IDd11443b7920e4f968cbad00b92792f2d" reported-display-style="italic"><enum>(3)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" id="idAC5C226C3845482AA6D09F7A081B2770" reported-display-style="italic"><enum>(b)</enum><header>Waiver</header><text display-inline="yes-display-inline">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—</text>
<paragraph id="idA1A7B65D0BCF4EF7844D007C064473F2"><enum>(1)</enum><text display-inline="yes-display-inline">the waiver is necessary for the provision
of essential services or critical operating facilities for operational
missions; or</text>
</paragraph><paragraph id="id57146BB9163D4320B4CEC822B95A06DD"><enum>(2)</enum><text display-inline="yes-display-inline">the work under such contract does not
present an imminent threat of death or serious bodily injury.</text>
</paragraph></subsection></section><section id="id32FD626F972A4F4485F94534D35F2460"><enum>8117.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="ID2af49eb639e8474c919154e346150899"><enum>(1)</enum><text>A cost-benefit risk
analysis for converting government-owned ammunition production equipment or
facilities to private ammunition manufacturers, including cost-savings
comparisons.</text>
</paragraph><paragraph id="IDf588244ebe364939ae17bd0bd90b12a4"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="ID1f82cb995a8440dc8cfa26a8ae78b4ae"><enum>(3)</enum><text>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.</text>
</paragraph><paragraph id="ID5da43b50d9f64fceb691673b960745af"><enum>(4)</enum><text>Potential impact on
national security and military readiness.</text>
</paragraph></section><section id="idFFF9138D4A1B42F99FDB659A550035BC"><enum>8118.</enum><subsection commented="no" display-inline="yes-display-inline" id="id455DC827D09E4443B6CB3D78FCB25730"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="id44AD3EF5D869490F8554ADE8FF9469AE" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="id73EC726FF9E84DF98267F91679E1DD1C"><enum>8119.</enum><subsection commented="no" display-inline="yes-display-inline" id="id4CA47227DAD74A54AB736EA86A0D2E9F"><enum>(a)</enum><header>Limitation on early
retirement of tactical aircraft</header><text display-inline="yes-display-inline">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).</text>
</subsection><subsection changed="added" id="id81DD2F71FA59466796C7DD73228C7ABA" reported-display-style="italic"><enum>(b)</enum><header>Report</header><text display-inline="yes-display-inline">The report described in this subsection is
a report that sets forth the following:</text>
<paragraph id="id796174B0E50C449B94759D55A00B9FB3"><enum>(1)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph><paragraph id="idD1C03F51AAE6404F98EBAD40259812BE"><enum>(2)</enum><text display-inline="yes-display-inline">A description of the follow-on missions for
each base affected by the structuring plan.</text>
</paragraph><paragraph id="id5569C1388129457AA6F4DFBECA591A7B"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="idEC84643E78C942FE94D2A813E9437D84"><enum>(4)</enum><text display-inline="yes-display-inline">A plan for the reassignment of the regular
and reserve Air Force personnel affected by the retirement of tactical aircraft
under the structuring plan.</text>
</paragraph><paragraph id="id58C7B8E8FF454C1B8FD1A8E9ADC9DA96"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section id="id00BB453D8BEB4B0888F8B7C80D9274D7"><enum>8120.</enum><subsection commented="no" display-inline="yes-display-inline" id="id594B74D6FEFD49A6935BDD56EE185293"><enum>(a)</enum><header>Nature of full and
open competition for congressionally directed spending items</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="id97D473BB434F495EA90FEE6FEE4B85B9" reported-display-style="italic"><enum>(b)</enum><header>Exceptions</header><text>Subsection
(a) shall not apply to any contract awarded—</text>
<paragraph id="ID66423d2a75fd4df1aa5203373b6cfc07"><enum>(1)</enum><text>by a means that is
required by Federal statute, including for a purchase made under a mandated
preferential program;</text>
</paragraph><paragraph id="IDf3ab44bb8cf946958cee485e5da1a109"><enum>(2)</enum><text>pursuant to the Small
Business Act (15 U.S.C. 631 et seq.); or</text>
</paragraph><paragraph id="ID1487f25d9ddd42d583a372dd1c0975ac"><enum>(3)</enum><text>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)).</text>
</paragraph></subsection><subsection changed="added" id="id24C89E84454A4003A7E6A6EB23ECA387" reported-display-style="italic"><enum>(c)</enum><header>Congressionally
directed spending item defined</header><text>In this section, the term
<term>congressionally directed spending item</term> means the following:</text>
<paragraph id="id2A05A729CBF74A3BB854B855FE6A0D1C"><enum>(1)</enum><text>A congressionally
directed spending item, as defined in Rule XLIV of the Standing Rules of the
Senate.</text>
</paragraph><paragraph id="id2589B1C4FCAC4DA0B570BE5E5D9FC583"><enum>(2)</enum><text display-inline="yes-display-inline">A congressional earmark for purposes of
rule XXI of the House of Representatives.</text>
</paragraph></subsection></section><section id="id37228222E8624A4B8739F81E7F1DA6C1"><enum>8121.</enum><subsection commented="no" display-inline="yes-display-inline" id="id9EE3E73BC7BA4BF2B8CE228630EB45ED"><enum>(a)</enum><header>Funding for two-stage
ground-based interceptor missile</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="idA53A85C8715D40B9AB3F94E60B8866AC" reported-display-style="italic"><enum>(b)</enum><header>Prohibition on
diversion of funds</header><text>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.</text>
</subsection><subsection changed="added" id="idCF24D86A4E9B45BE93228E4047BF6D1C" reported-display-style="italic"><enum>(c)</enum><header>Report</header><text>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:</text>
<paragraph id="idD342AC11A2F944A49682D63DDCF3CEA8"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="idAA8AFC23BAE54C7991928A0FD1B9DF55"><enum>(2)</enum><text>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.</text>
</paragraph></subsection></section><section id="id8F98FD9AB458416E9C220ADF6D3A33A4"><enum>8122.</enum><subsection commented="no" display-inline="yes-display-inline" id="idF0B305826955439B97390FD057ACFAE4"><enum>(a)</enum><header>Amount for
evaluations of certain laser systems</header><text display-inline="yes-display-inline">Of the amount appropriated or otherwise
made available by title IV under the heading <quote><header-in-text level="appropriations-intermediate" style="appropriations">Research,
Development, Test and Evaluation, Air Force</header-in-text></quote> 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).</text>
</subsection><subsection changed="added" id="id65768FE5D71141F88E52E61CF9F92028" reported-display-style="italic"><enum>(b)</enum><header>Evaluations and
analyses of certain laser systems</header><text display-inline="yes-display-inline">The Secretary of Defense shall, in a manner
consistent with the October 8, 2008, report of the Air Force Scientific
Advisory Board entitled <quote>Airborne Tactical Laser (ATL) Feasibility for
Gunship Operations</quote>—</text>
<paragraph id="id542D78D34AA745C680A4FEDD99634F36"><enum>(1)</enum><text display-inline="yes-display-inline">carry out additional enhanced user
evaluations of the Advanced Tactical Laser system on a variety of instrumented
targets; and</text>
</paragraph><paragraph id="idD4F97399117142BA9ED25EADB5597A6F"><enum>(2)</enum><text display-inline="yes-display-inline">enter into an agreement with a federally
funded research and development center under which the center shall—</text>
<subparagraph id="idC5BC16B1696C4AD6BD8C0C9AB45BE0D8"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="id28941CFDBDE94079B730531B98DD8DBC"><enum>(B)</enum><text display-inline="yes-display-inline">estimate the cost per unit of such laser
systems and the cost of operating and maintaining each such platform with such
laser systems.</text>
</subparagraph></paragraph></subsection></section><enum>IX</enum>
<appropriations-major id="idDDC0E2EDB68B40DA8978ED2DD3F4DF92"><header>OVERSEAS CONTINGENCY
OPERATIONS</header>
</appropriations-major><appropriations-major id="id524b056f-ab08-4e86-bc8b-334fb3a0f7f0"><header>military
personnel</header>
</appropriations-major><appropriations-intermediate id="id9ec2b924-e7b6-45d3-b8f7-86783ca200f9"><header>Military personnel, army</header><text display-inline="no-display-inline">For an additional amount for <quote>Military
Personnel, Army</quote>, $9,597,340,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id463cc816-bb09-42f3-958a-e9ec6a2bbcff"><header>Military personnel, navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Military
Personnel, Navy</quote>, $1,175,601,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id5ed76cb9-fe10-46cb-a4b4-44db3e6bbe08"><header>Military personnel, marine
corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Personnel, Marine Corps</quote>,
$670,722,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id5470ccfc-4da3-4e8f-abc1-91a340f39cb1"><header>Military personnel, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Personnel, Air Force</quote>,
$1,445,376,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idadc6f708-359e-438c-8476-f9a9f0ae6a37"><header>Reserve personnel, army</header><text display-inline="no-display-inline">For an additional amount for <quote>Reserve
Personnel, Army</quote>, $293,637,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id3c02a960-6a7f-4412-a7e4-cf3a4a20328c"><header>Reserve personnel, navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Reserve
Personnel, Navy</quote>, $37,040,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idb3585ca1-7986-4fb3-915c-da864289626a"><header>Reserve personnel, marine
corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Reserve Personnel, Marine Corps</quote>,
$31,337,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idba45fd45-5bd8-4a00-8631-544c31ddcad4"><header>Reserve personnel, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Reserve Personnel, Air Force</quote>,
$19,822,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id05ca906f-661a-4d2f-8591-42ceba853072"><header>National guard personnel,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>National Guard Personnel, Army</quote>,
$824,966,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id9eebfc41-47ef-4520-a018-e2d6c03dd2b3"><header>National guard personnel, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>National Guard Personnel, Air Force</quote>,
$9,500,000.</text>
</appropriations-intermediate><appropriations-major id="idf460739c-e968-4a3a-acfe-9cf18707575b"><header>Operation and
maintenance</header>
</appropriations-major><appropriations-intermediate id="id6897361a-9996-40d4-88f5-647d37606870"><header>Operation and maintenance,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Army</quote>,
$51,928,167,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id2b7b80c7-aeae-4f27-a6cd-276a165f7aa9"><header>Operation and maintenance,
navy</header>
</appropriations-intermediate><appropriations-small id="id2d397238-f596-425c-93f5-c3b6adf077ce"><text display-inline="no-display-inline">For an
additional amount for <quote>Operation and Maintenance, Navy</quote>,
$5,899,597,000.</text>
</appropriations-small><appropriations-intermediate id="idef4d1019-5797-4f2a-a117-cea942bcc263"><header>Operation and maintenance, marine
corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Marine Corps</quote>,
$3,775,270,000.</text>
</appropriations-intermediate><appropriations-intermediate id="ide4e9b178-3cb2-4977-8afa-edd4f7ef708c"><header>Operation and maintenance, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Air Force</quote>,
$9,929,868,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id02e34112-19b6-4d75-a697-e252a4448509"><header>Operation and maintenance,
defense-Wide</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Defense-Wide</quote>,
$7,550,900,000, of which:</text>
<paragraph id="id4f6a285d-b292-441d-a27e-a2ce09ff71fc"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="id35487c50-64a5-4ee7-8aa3-a88f709f664c"><enum>(2)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the Secretary
of Defense shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph.</text>
</paragraph></appropriations-intermediate><appropriations-intermediate id="idb659543b-c753-4a22-9dc4-d33fc6d9850e"><header>Operation and maintenance, army
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Army Reserve</quote>,
$234,898,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idf54bd52f-da1a-4fba-9400-b9d642360927"><header>Operation and maintenance, navy
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Navy Reserve</quote>,
$68,059,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id45370c02-84c0-4b59-bdea-374a82ba8d8e"><header>Operation and maintenance, marine corps
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Marine Corps Reserve</quote>,
$86,667,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id2a27da0a-1777-4781-82cf-9341c3b6ca89"><header>Operation and maintenance, air force
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Air Force Reserve</quote>,
$125,925,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id4682653c-fd16-4ba3-8e19-6c951d7bb070"><header>Operation and maintenance, army
national guard</header><text display-inline="no-display-inline">For an
additional amount for <quote>Operation and Maintenance, Army National
Guard</quote>, $450,246,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id844b4088-5934-472d-8e40-db9235638162"><header>Operation and maintenance, air national
guard</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Air National Guard</quote>,
$289,862,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idf5d9bc26-dec8-44ba-9d39-ef4969a5c6bc"><header>Afghanistan security forces
fund</header>
</appropriations-intermediate><appropriations-small id="id407e888a-b6b5-4eac-85e5-613f08b9ccba"><text display-inline="no-display-inline">For
the <quote>Afghanistan Security Forces Fund</quote>, $6,562,769,000, to remain
available until September 30, 2011:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the authority to
provide assistance under this heading is in addition to any other authority to
provide assistance to foreign nations:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major id="id8532e4fe-77b6-4e2d-9fe5-f7c940f49206"><header>procurement</header>
</appropriations-major><appropriations-intermediate id="id7fab1b26-d1ac-48b5-a7cb-8ab124411956"><header>Aircraft procurement,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Army</quote>, $1,119,319,000, to remain
available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idb5adf9de-be7e-47fa-b92f-def920e99d1d"><header>Missile procurement, army</header><text display-inline="no-display-inline">For an additional amount for <quote>Missile
Procurement, Army</quote>, $475,954,000, to remain available until September
30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id18a43b42-e9d6-4868-bb8f-590772e93c2b"><header>Procurement of weapons and tracked
combat vehicles, army</header><text display-inline="no-display-inline">For an
additional amount for <quote>Procurement of Weapons and Tracked Combat
Vehicles, Army</quote>, $875,866,000, to remain available until September 30,
2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idf4f9c4c1-1ac9-4d85-beb4-e2516125e658"><header>Procurement of ammunition,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement of Ammunition, Army</quote>, $365,635,000, to remain
available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id6c1e2945-7c02-4814-bdd0-6a1101e4944a"><header>Other procurement, army</header><text display-inline="no-display-inline">For an additional amount for <quote>Other
Procurement, Army</quote>, $4,874,176,000, to remain available until September
30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id1d7f64e9-f7b2-41e2-8d1a-a9d7b1376c87"><header>Aircraft procurement,
navy</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Navy</quote>, $1,342,577,000, to remain
available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id20be4873-c3d9-4978-bc79-1e0e92a081bd"><header>Weapons procurement, navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Weapons
Procurement, Navy</quote>, $50,700,000, to remain available until September 30,
2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idaf46289a-d5c4-42ba-b2aa-495e4a142e6b"><header>Procurement of ammunition, navy and
marine corps</header><text display-inline="no-display-inline">For an additional
amount for <quote>Procurement of Ammunition, Navy and Marine Corps</quote>,
$681,957,000, to remain available until September 30,
2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idf4064a61-bbcc-477f-868b-12d104f2cc11"><header>Other procurement, navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Other
Procurement, Navy</quote>, $260,118,000, to remain available until September
30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="ida9b6080d-ab72-4f3a-be8a-6ac8c4560a3c"><header>Procurement, marine corps</header><text display-inline="no-display-inline">For an additional amount for
<quote>Procurement, Marine Corps</quote>, $868,197,000, to remain available
until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idc8894c79-426b-4456-a601-e69e30301b9d"><header>Aircraft procurement, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Air Force</quote>, $736,501,000, to remain
available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idb818cfde-ffec-4d26-866d-c17bb5150363"><header>Missile procurement, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Missile Procurement, Air Force</quote>, $36,625,000, to remain
available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idfd02a905-6b00-43a6-bf43-8efd777f6c7b"><header>Procurement of ammunition, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement of Ammunition, Air Force</quote>, $256,819,000, to
remain available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id70182943-bf9b-475d-94cf-0f07df48f4d9"><header>Other procurement, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Other Procurement, Air Force</quote>, $3,138,021,000, to remain
available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id5dbeaab8-5914-4a48-91fb-b1d21849292d"><header>Procurement, defense-Wide</header><text display-inline="no-display-inline">For an additional amount for
<quote>Procurement, Defense-Wide</quote>, $480,780,000, to remain available
until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id12d0b029-bd3c-48d1-8fd9-980bbd1ae323"><header>Mine resistant ambush protected vehicle
fund</header>
</appropriations-intermediate><appropriations-small id="idb63eb976-f684-43cb-b195-ae99a8a1c458"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Mine Resistant
Ambush Protected Vehicle Fund, $6,656,000,000, to remain available until
September 30, 2011:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That this transfer
authority is in addition to any other transfer authority available to the
Department of Defense:<proviso><italic> Provided further</italic></proviso>,
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.</text>
</appropriations-small><appropriations-major id="id55b5f226-3678-4803-98ae-fdd274ed96cf"><header>Research, development, test and
evaluation</header>
</appropriations-major><appropriations-intermediate id="id08362370-95a3-4918-8340-22288412a95b"><header>Research, development, test and
evaluation, army</header><text display-inline="no-display-inline">For an
additional amount for <quote>Research, Development, Test and Evaluation,
Army</quote>, $57,962,000, to remain available until September 30,
2011.</text>
</appropriations-intermediate><appropriations-intermediate id="id1ae46f5d-b932-4ad7-aa52-7974850a647e"><header>Research, development, test and
evaluation, navy</header><text display-inline="no-display-inline">For an
additional amount for <quote>Research, Development, Test and Evaluation,
Navy</quote>, $84,180,000, to remain available until September 30,
2011.</text>
</appropriations-intermediate><appropriations-intermediate id="ida88b1184-8efc-4166-8529-95df1922357e"><header>Research, development, test and
evaluation, air force</header><text display-inline="no-display-inline">For an
additional amount for <quote>Research, Development, Test and Evaluation, Air
Force</quote>, $39,286,000, to remain available until September 30,
2011.</text>
</appropriations-intermediate><appropriations-intermediate id="idf14e9c96-797c-426c-89e5-a3eb483ac1df"><header>Research, development, test and
evaluation, defense-Wide</header><text display-inline="no-display-inline">For
an additional amount for <quote>Research, Development, Test and Evaluation,
Defense-Wide</quote>, $112,196,000, to remain available until September 30,
2011.</text>
</appropriations-intermediate><appropriations-major id="idbbdc5a2f-23db-450e-b4d4-4539c627db2d"><header>revolving and management
funds</header>
</appropriations-major><appropriations-intermediate id="id2db2b534-9e9a-4476-a0a4-7c7dce930e30"><header>Defense working capital
funds</header><text display-inline="no-display-inline">For an additional amount
for <quote>Defense Working Capital Funds</quote>,
$412,215,000.</text>
</appropriations-intermediate><appropriations-major id="id2de9e260-a20e-425c-8ed6-d52bc0985533"><header>other department of defense
programs</header>
</appropriations-major><appropriations-intermediate id="idd5f8922c-156a-4e7b-8bdd-2e6875cfd672"><header>Defense health program</header><text display-inline="no-display-inline">For an additional amount for <quote>Defense
Health Program</quote>, $1,563,675,000, which shall be for operation and
maintenance.</text>
</appropriations-intermediate><appropriations-intermediate id="ideb58aa70-d5e4-43fe-9dc1-64b27b1bb5a7"><header>Drug interdiction and counter-drug
activities</header>
</appropriations-intermediate><appropriations-small id="idc38d62d0-dcfa-48e7-8d7c-7a52419e838a"><text display-inline="no-display-inline">For an
additional amount for <quote>Drug Interdiction and Counter-Drug
Activities</quote>, $353,603,000, to remain available until September 30,
2011.</text>
</appropriations-small><appropriations-intermediate id="idc6efc911-75be-4959-a7d9-152c71947d82"><header>Joint improvised explosive device
defeat fund</header>
</appropriations-intermediate><appropriations-small id="idca06420c-2167-40d3-8f83-3a7aba7fee09"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the <quote>Joint
Improvised Explosive Device Defeat Fund</quote>, $2,033,560,000, to remain
available until September 30, 2012:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That amounts
transferred shall be merged with and available for the same purposes and time
period as the appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That this transfer
authority is in addition to any other transfer authority available to the
Department of Defense:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="ide47b79e0-edb4-43ab-bae9-3123bc81b108"><header>Office of the inspector
general</header><text display-inline="no-display-inline">For an additional
amount for the <quote>Office of the Inspector General</quote>,
$8,876,000.</text>
</appropriations-intermediate><appropriations-major id="idb2559983-513a-4fda-aa52-4556e7e5a9e2"><header>general provisions—this
title</header>
</appropriations-major><section id="id4d8c8f86-44b3-4ca8-8cd1-7bcee6ba3245"><enum>9001.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="idbfa779a5-370b-4ede-9f75-dadc6402fff8"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="id9b4063c2-2188-4a8b-82bf-c42314c592b3"><enum>9002.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to the authority in
this section:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="id7f09313e-94e7-46e1-b35b-7c60563223d9"><enum>9003.</enum><text display-inline="yes-display-inline">Supervision and administration costs
associated with a construction project funded with appropriations available for
operation and maintenance or the <quote>Afghanistan Security Forces
Fund</quote> 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:
<proviso><italic>Provided</italic></proviso>, That for the purpose of
this section, supervision and administration costs include all in-house
Government costs.</text>
</section><section id="ID3c51d380b5b144feb5d5727ceb4cde02"><enum>9004.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="ida268fc39-c4cb-463f-a862-be4b2b74e78c"><enum>9005.</enum><text display-inline="yes-display-inline">Not to exceed $1,200,000,000 of the amount
appropriated in this title under the heading <quote>Operation and Maintenance,
Army</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="id0ed88784-d93a-421c-8d6f-443e60e30fef"><enum>9006.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense shall provide quarterly reports to the congressional defense committees
regarding support provided under this section.</text>
</section><section id="id59EEB655FF02432586AFFB6E89478B94"><enum>9007.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id20532597-e919-4cbe-8e6c-b0536378ac38"><enum>9008.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="idbc604dc6-a169-439c-9292-b5ca223238c5"><enum>(1)</enum><text>To establish any military
installation or base for the purpose of providing for the permanent stationing
of United States Armed Forces in Iraq.</text>
</paragraph><paragraph id="id9ee6d654-a422-4093-a184-2a8d138404aa"><enum>(2)</enum><text>To exercise United States
control over any oil resource of Iraq.</text>
</paragraph><paragraph id="idda753fb5-9da3-499b-becf-ef1401ee15f2"><enum>(3)</enum><text>To establish any military
installation or base for the purpose of providing for the permanent stationing
of United States Armed Forces in Afghanistan.</text>
</paragraph></section><section id="idAD7C39831F804F408DD8B0250DBFEFF1"><enum>9009.</enum><subsection commented="no" display-inline="yes-display-inline" id="id509DD4D70E4E4FB1973A2E828994B3B2"><enum>(a)</enum><text display-inline="yes-display-inline">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 <quote>Iraq Security Forces Fund</quote>, <quote>Afghanistan
Security Forces Fund</quote>, and <quote>Pakistan Counterinsurgency
Fund</quote> 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.</text>
</subsection><subsection changed="added" id="id264D5CC7FF04496389532B60443727EB" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">The report required by this subsection
shall include the following:</text>
<paragraph id="idFBF52693D9F9470CBBBDE99877A29ADE"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="id0D11765EA1FF481DB02275F5C2A9D3AF"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="id9CC85D1736274853ACC73013C62C1944"><enum>(3)</enum><text>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.</text>
</paragraph></subsection><subsection changed="added" id="id9E2BFC5EF84F46EF9B83452611FD00DB" reported-display-style="italic"><enum>(c)</enum><text display-inline="yes-display-inline">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 <quote>Iraq Security
Forces Fund</quote>, <quote>Afghanistan Security Forces Fund</quote>, and
“Pakistan Counterinsurgency Fund”.</text>
</subsection></section><section id="idF7CE77724D914639B08B346D507596A1"><enum>9010.</enum><text display-inline="yes-display-inline">(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.</text>
<subsection id="idCD6D25B6B69D4D2C8C2DC6A1C306186B"><enum>(b)</enum><text>In this section, the term
<quote>United States</quote> means the several States and the District of
Columbia.</text>
</subsection></section><section id="idA8789131FE6B4446A28545A518B3F4E7"><enum>9011.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="id8377BB95EEE24199BD999961B7165A41"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance,
Army</quote>, $83,552,000;</text>
</paragraph><paragraph id="id7C5F453A1C674FB8BD27E538D2526FB0"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance,
Navy</quote>, $33,889,000;</text>
</paragraph><paragraph id="id30100DFE0E2B4638A325F3E0078E13AA"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Marine
Corps</quote>, $1,619,000;</text>
</paragraph><paragraph id="id8CA87442A4964EA0B94B3772D39D7236"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Air
Force</quote>, $179,191,000;</text>
</paragraph><paragraph id="id9BEE0B0E5CFA4B29BAC04D2248694BEE"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Army
Reserve</quote>, $8,567,000;</text>
</paragraph><paragraph id="idBD84B64DCA8A4E1FB15D154D4CE81944"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Navy
Reserve</quote>, $3,007,000;</text>
</paragraph><paragraph id="id7A1199AA75B0459FA8E27A9FB85962BF"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Marine
Corps Reserve</quote>, $39,000; and</text>
</paragraph><paragraph id="idAD57E4A716C84E83A568D5EFF14E1637"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Army
National Guard</quote>, $19,136,000.</text>
</paragraph></section><section id="idA37CE01D8CB1448A875C32621DDF614B"><enum>9012.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="idE72CA3D2D1474DAA848C8F6276DFE33F"><enum>9013.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id7B1C6CD1DB9A40F0AD77FC2A9A356B0E"><enum>9014.</enum><subsection commented="no" display-inline="yes-display-inline" id="idF33BC67415974227AA34D11A294122EB"><enum>(a)</enum><header>Hearings on strategy
and resources with respect to Afghanistan and Pakistan</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" id="id0D3B5B4AB8A04672B3C25C2ADCB10A03" reported-display-style="italic"><enum>(b)</enum><header>Testimony</header><text display-inline="yes-display-inline">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:</text>
<paragraph id="id56ABCC5A2BF84A0F8341810EFFC0E711"><enum>(1)</enum><text>The Secretary of
Defense.</text>
</paragraph><paragraph id="id83746D28A896465AB30D376D549EC9C3"><enum>(2)</enum><text>The Secretary of
State</text>
</paragraph><paragraph id="ID05f18256d1f14a749021414702ad01ae"><enum>(3)</enum><text>The Chairman of the Joint
Chiefs of Staff.</text>
</paragraph><paragraph id="ID638ed9b2497c49eb878abd18e0ab45f7"><enum>(4)</enum><text>The Commander of the
United States Central Command.</text>
</paragraph><paragraph id="ID17c6681fac364a8c967caffab1d85e77"><enum>(5)</enum><text>The Commander of the
United States European Command and Supreme Allied Commander, Europe.</text>
</paragraph><paragraph id="IDa95ee1d8a37a4f60babafa570fa66086"><enum>(6)</enum><text>The Commander of United
States Forces–Afghanistan.</text>
</paragraph><paragraph id="IDa8d75e778dc24554aa9cad38a0d1ec62"><enum>(7)</enum><text>The United States
Ambassador to Afghanistan.</text>
</paragraph><paragraph id="IDb8d8a738ffb9450eb9d45bcd9f7533a6"><enum>(8)</enum><text>The United States
Ambassador to Pakistan.</text>
</paragraph></subsection></section><section id="idA331E0933C0E46B3B31706063F04B63A"><enum>9015.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2684B79DABC640F58F9644E0BE6F9D63"><enum>(a)</enum><header>Funding for outreach
and reintegration services under Yellow Ribbon Reintegration
Program</header><text display-inline="yes-display-inline">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).</text>
</subsection><subsection changed="added" id="idE2A0D0C8847E427AB52789C2A5259EAD" reported-display-style="italic"><enum>(b)</enum><header>Supplement not
supplant</header><text>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.</text>
</subsection></section><appropriations-small id="id827A83A07CA14146840265AF24FB5E63"><text display-inline="no-display-inline">This
Act may be cited as the <quote><short-title>Department of
Defense Appropriations Act,
2010</short-title></quote>.</text><text></text></appropriations-small>
Secretary