[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3326 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 3326
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2010, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2010, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $39,901,547,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $25,095,581,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,528,845,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund, $25,938,850,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,308,513,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,918,111,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for
members of the Marine Corps platoon leaders class, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$610,580,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,600,462,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States Code, or while serving on duty under section
12301(d) of title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$7,525,628,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,949,899,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $30,454,152,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,657,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$34,885,932,000 (increased by $1,000,000) (reduced by $1,000,000):
Provided, That $60,199,000 shall be made available for the Joint POW/
MIA Accounting Command.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,557,510,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,699,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $33,785,349,000.
Operation and Maintenance, Defense-Wide
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,
$27,929,377,000: Provided, That not more than $50,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That of the
funds provided under this heading, not less than $29,732,000 shall be
made available for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by this Act
may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications,$2,621,196,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,280,001,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $228,925,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,079,228,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,353,627,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $5,888,741,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,932,000, of which not to exceed
$5,000 may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $415,864,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $285,869,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $494,276,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $11,100,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $277,700,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of
title 10, United States Code), $109,869,000, to remain available until
September 30, 2011.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union,
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, $404,093,000, to remain available until September 30, 2012.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $100,000,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,144,991,000, to remain available for obligation until
September 30, 2012.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,358,609,000, to remain available for obligation until
September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$2,681,952,000, to remain available for obligation until September 30,
2012.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $2,053,395,000, to remain available for
obligation until September 30, 2012.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only;
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,
$9,293,801,000, to remain available for obligation until September 30,
2012.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $18,325,481,000, to remain available for obligation
until September 30, 2012.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,226,403,000, to remain available
for obligation until September 30, 2012.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $794,886,000, to remain available for
obligation until September 30, 2012.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be
constructed or converted in the future; and expansion of public and
private plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title, as follows:
Carrier Replacement Program, $739,269,000.
Carrier Replacement Program (AP), $484,432,000.
NSSN, $1,964,317,000.
NSSN (AP), $1,959,725,000.
CVN Refueling, $1,563,602,000.
CVN Refuelings (AP), $211,820,000.
DD(X), $1,073,161,000.
DDG-51 Destroyer, $1,912,267,000.
DDG-51 Destroyer (AP), $328,996,000.
Littoral Combat Ship, $2,160,000,000.
LPD-17, $872,392,000.
LPD-17 (AP), $184,555,000.
Intratheater Connector, $357,956,000.
LCAC Service Life Extension Program, $63,857,000.
Prior year shipbuilding costs, $454,586,000.
Service Craft, $3,694,000.
For outfitting, post delivery, conversions, and first
destination transportation, $386,903,000.
In all: $14,721,532,000, to remain available for obligation until
September 30, 2014: Provided, That additional obligations may be
incurred after September 30, 2014, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except
ordnance for new aircraft, new ships, and ships authorized for
conversion); the purchase of passenger motor vehicles for replacement
only; 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, $5,395,081,000, to
remain available for obligation until September 30, 2012.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts,
and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $1,563,743,000, to remain available for obligation
until September 30, 2012.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $11,956,182,000, to remain available for
obligation until September 30, 2012; Provided, That no funds provided
in this Act for the procurement or modernization of C-17 aircraft may
be obligated until all C-17 contracts funded with prior year ``Aircraft
Procurement, Air Force'' appropriated funds are definitized.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$6,508,359,000, to remain available for obligation until September 30,
2012.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $809,941,000, to remain available for
obligation until September 30, 2012.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; 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, $16,883,791,000, to remain
available for obligation until September 30, 2012.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; expansion of
public and private plants, equipment, and installation thereof in such
plants, erection of structures, and acquisition of land for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $4,036,816,000, to remain available for obligation until
September 30, 2012.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $82,846,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$11,151,884,000, to remain available for obligation until September 30,
2011.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$20,197,300,000, to remain available for obligation until September 30,
2011: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$27,976,278,000, to remain available for obligation until September 30,
2011.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, test and evaluation; advanced
research projects as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,721,723,000, to remain
available for obligation until September 30, 2011: Provided, That,
notwithstanding any other provision of law, of the funds made available
under this heading for missile defense programs, not less than
$80,000,000 shall be available for the Kinetic Energy Interceptor
Program.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint
operational testing and evaluation; and administrative expenses in
connection therewith, $190,770,000, to remain available for obligation
until September 30, 2011.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,455,004,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $1,692,758,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following major components unless such components are
manufactured in the United States: auxiliary equipment, including
pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the exercise of
an option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
(including transfer of funds)
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$29,891,109,000; of which $28,257,565,000 shall be for operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2011, and of which up to $15,537,688,000 may be
available for contracts entered into under the TRICARE program; of
which $384,142,000, to remain available for obligation until September
30, 2012, shall be for procurement; and of which $1,249,402,000, to
remain available for obligation until September 30, 2011, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test and
evaluation, not less than $10,000,000 shall be available for HIV
prevention educational activities undertaken in connection with United
States military training, exercises, and humanitarian assistance
activities conducted primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal 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, $1,510,760,000, of which $1,146,802,000 shall be for
operation and maintenance, of which no less than $84,839,000, shall be
for the Chemical Stockpile Emergency Preparedness Program, consisting
of $34,905,000 for 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 $351,269,000, to
remain available until September 30, 2011, shall be for research,
development, test and evaluation, of which $348,669,000 shall only be
for the Assembled Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,237,684,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$364,550,000, of which $183,000,000 shall be for Attack the Network, to
remain available until September 30, 2011; $25,000,000 shall be for
Defeat the Device, to remain available until September 30, 2012;
$35,000,000 shall be for Train the Force, to remain available until
September 30, 2010; $121,550,000 shall be for Staff and Infrastructure,
to remain available until September 30, 2010: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Director of the
Joint Improvised Explosive Device Defeat Organization to investigate,
develop and provide equipment, supplies, services, training,
facilities, personnel and funds to assist United States forces in the
defeat of improvised explosive devices: Provided further, That within
60 days of the enactment of this Act, a plan for the intended
management and use of the amounts provided under this heading shall be
submitted to the congressional defense committees: Provided further,
That the Secretary of Defense shall submit a report not later than 60
days after the end of each fiscal quarter to the congressional defense
committees providing assessments of the evolving threats, individual
service requirements to counter the threats, the current strategy for
predeployment training of members of the Armed Forces on improvised
explosive devices, and details on the execution of the Fund: Provided
further, That the Secretary of Defense may transfer funds provided
herein to appropriations for operation and maintenance; procurement;
research, development, test and evaluation; and defense working capital
funds to accomplish the purpose provided herein: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $288,100,000, of which $287,100,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain available until September
30, 2012, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $290,900,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $611,002,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized by
the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that
such action is necessary in the national interest, he may, with the
approval of the Office of Management and Budget, transfer not to exceed
$4,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section shall be made prior to June
30, 2010: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be transferred under this
section: Provided further, That no obligation of funds may be made
pursuant to section 1206 of Public Law 109-163 (or any successor
provision) unless the Secretary of Defense has notified the
congressional defense committees prior to any such obligation.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the report of the Committee on Appropriations of
the House of Representatives accompanying this Act, the obligation and
expenditure of amounts appropriated or otherwise made available in this
Act for those programs, projects, and activities for which the amounts
appropriated exceed the amounts requested are hereby required by law to
be carried out in the manner provided by such tables to the same extent
as if the tables were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section 8005
shall apply when transfers of the amounts described in subsection (a)
occur between appropriation accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this Act,
the Department of Defense shall submit a report to the congressional
defense committees to establish the baseline for application of
reprogramming and transfer authorities for fiscal year 2010: Provided,
That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.
(transfer of funds)
Sec. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established pursuant
to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements
to be made from such funds: Provided, That transfers may be made
between such funds: Provided further, That transfers may be made
between working capital funds and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by the
Secretary of Defense, with the approval of the Office of Management and
Budget, except that such transfers may not be made unless the Secretary
of Defense has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working capital funds
in this Act, no obligations may be made against a working capital fund
to procure or increase the value of war reserve material inventory,
unless the Secretary of Defense has notified the Congress prior to any
such obligation.
Sec. 8009. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
Sec. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement:
Provided further, That none of the funds provided in this Act may be
used for a multiyear contract executed after the date of the enactment
of this Act unless in the case of any such contract--
(1) the Secretary of Defense has submitted to Congress a
report within 30 days of enactment of this Act that certifies
full funding of units to be procured through the contract and,
in the case of a contract for procurement of aircraft, that
includes, for any aircraft unit to be procured through the
contract for which procurement funds are identified in that
report for production beyond advance procurement activities in
the fiscal year 2010 budget, full funding of procurement of
such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the
contractor associated with the production of unfunded units to
be delivered under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
F-18 aircraft variants.
Sec. 8011. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That funds
available for operation and maintenance shall be available for
providing humanitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and freely
associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8012. (a) During fiscal year 2010, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2011 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2011 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2011.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8013. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8014. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to October 1, 1987: Provided further, That this section applies only to
active components of the Army.
Sec. 8015. (a) None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by more than 10 Department of
Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a contractor would
be less costly to the Department of Defense by an amount that
equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that
activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or
function under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that--
(A) is included on the procurement list established pursuant to
section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency for
other severely handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a qualified firm
under at least 51 percent ownership by an Indian tribe, as defined in
section 4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined
in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of title
10, United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to
be awarded under the authority of, and in compliance with, subsection
(h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(transfer of funds)
Sec. 8016. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.
Sec. 8017. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the United States: Provided
further, That when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the Secretary of
the service responsible for the procurement may waive this restriction
on a case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.
Sec. 8018. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or
M-1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial
sale under Federal law.
Sec. 8019. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.
Sec. 8020. In addition to the funds provided elsewhere in this
Act, $15,000,000 is appropriated only for incentive payments authorized
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding section 430 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code.
Sec. 8021. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8022. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24
months after initiation of such study with respect to a single function
activity or 30 months after initiation of such study for a multi-
function activity, commencing on the date on which the preliminary
planning for the study begins through the date on which a performance
decision is rendered with respect to the function, excluding time
during which the study is suspended because of protests before the
Government Accountability Office or United States Court of Federal
Claims but including time during which the study is performed
subsequent to such protests.
Sec. 8023. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8024. (a) Of the funds made available in this Act, not less
than $34,756,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $26,433,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-drug
activities, and drug demand reduction activities involving
youth programs;
(2) $7,426,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $897,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8025. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously in this
subsection shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2010 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2010, not more than
5,582 staff years of technical effort (staff years) may be funded for
defense FFRDCs, not more than 3,236 staff years may be funded for the
systems engineering and integration FFRDCs and not more than 1,264
staff years may be funded for laboratory FFRDCs: Provided, That of the
specific amount referred to previously in this subsection, not more
than 1,082 staff years may be funded for the defense studies and
analysis FFRDCs: Provided further, That this subsection shall not apply
to staff years funded in the National Intelligence Program (NIP) and
the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2011 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$125,200,000.
Sec. 8026. None of the funds appropriated or made available in
this Act shall be used to procure carbon, alloy or armor steel plate
for use in any Government-owned facility or property under the control
of the Department of Defense which were not melted and rolled in the
United States or Canada: Provided, That these procurement restrictions
shall apply to any and all Federal Supply Class 9515, American Society
of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8027. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8028. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.
Sec. 8029. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 2010. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
Sec. 8030. During the current fiscal year, amounts contained in
the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by
section 2921(c)(2) of that Act.
Sec. 8031. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, and Minnesota
relocatable military housing units located at Grand Forks Air Force
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, and Minot
Air Force Base that are excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no cost to the
Air Force, military housing units under subsection (a) in accordance
with the request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian tribes located
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
and Minnesota.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any recognized
Indian tribe included on the current list published by the Secretary of
the Interior under section 104 of the Federally Recognized Indian Tribe
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8032. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment item
unit cost of not more than $250,000.
Sec. 8033. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2011 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2011 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2011 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8034. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2011: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2011.
Sec. 8035. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8036. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8037. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934,
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
Sec. 8038. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support: Provided, That this
limitation shall not apply to contracts in an amount of less
than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which
a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such
contract is in the interest of the national defense.
Sec. 8039. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the
Army, other similar threats.
Sec. 8040. The Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic Adjustment of
the Department of Defense, may use funds made available in this Act
under the heading ``Operation and Maintenance, Defense-Wide'' to make
grants and supplement other Federal funds in accordance with the
guidance provided in the report of the Committee on Appropriations of
the House of Representatives accompanying this Act.
(rescissions)
Sec. 8041. 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:
``Other Procurement, Army, 2009/2011'', $131,900,000.
``Shipbuilding and Conversion, Navy, 2009/2013'',
$177,767,000.
``Other Procurement, Navy, 2009/2011'', $18,844,000.
``Aircraft Procurement, Air Force, 2009/2011'',
$687,071,000.
``Missile Procurement, Air Force, 2009/2011'', $60,000,000.
``Other Procurement, Air Force, 2009/2011'', $36,400,000.
``Research, Development, Test and Evaluation, Navy, 2009/
2010'', $20,000,000.
``Research, Development, Test and Evaluation, Air Force,
2009/2010'', $70,000,000.
``Research, Development, Test and Evaluation, Defense-Wide,
2009/2010'', $189,357,000.
Sec. 8042. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8043. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of Korea unless specifically
appropriated for that purpose.
Sec. 8044. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
Sec. 8045. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population is
declining in some catchment areas and civilian strength reductions may
be consistent with responsible resource stewardship and capitation-
based budgeting.
Sec. 8046. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
Sec. 8047. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.
Sec. 8048. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8049. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8050. (a) Notwithstanding any other provision of law, none of
the funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how
the President proposes to provide funds for such
replacement.
Sec. 8051. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of
any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8052. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
``Operation and Maintenance, Defense-Wide'' may be transferred to
appropriations available for the pay of military personnel, to be
merged with, and to be available for the same time period as the
appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
Sec. 8053. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8054. (a) Notwithstanding any other provision of law, the
Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8055. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private,
regional or municipal services, if provisions are included for the
consideration of United States coal as an energy source.
Sec. 8056. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8057. 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.
Sec. 8058. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.
Sec. 8059. (a) None of the funds made available by this Act may be
used to support any training program involving a unit of the security
forces of a foreign country if the Secretary of Defense has received
credible information from the Department of State that the unit has
committed a gross violation of human rights, unless all necessary
corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating
to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary
of State, may waive the prohibition in subsection (a) if he determines
that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver under
subsection (c), the Secretary of Defense shall submit a report to the
congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8060. None of the funds appropriated or made available in
this Act to the Department of the Navy shall be used to develop, lease
or procure the T-AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire
capability for national security purposes or there exists a significant
cost or quality difference.
Sec. 8061. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8062. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any new start advanced concept
technology demonstration project or joint capability demonstration
project may only be obligated 30 days after a report, including a
description of the project, the planned acquisition and transition
strategy and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying to the congressional defense committees that it is in the
national interest to do so.
Sec. 8063. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act, to the
House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.
Sec. 8064. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: Provided further, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and
the Senate that it is in the national security interest to do so.
Sec. 8065. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8066. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary-tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8067. Notwithstanding any other provision of law, the Chief
of the National Guard Bureau, or his designee, may waive payment of all
or part of the consideration that otherwise would be required under
section 2667 of title 10, United States Code, in the case of a lease of
personal property for a period not in excess of 1 year to any
organization specified in section 508(d) of title 32, United States
Code, or any other youth, social, or fraternal nonprofit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8068. None of the funds appropriated by this Act shall be
used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United
States unless such malt beverages and wine are procured within that
State, or in the case of the District of Columbia, within the District
of Columbia, in which the military installation is located: Provided,
That in a case in which the military installation is located in more
than one State, purchases may be made in any State in which the
installation is located: Provided further, That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most competitive
source, price and other factors considered.
Sec. 8069. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground
control segments of such system's modernization program.
(including transfer of funds)
Sec. 8070. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $106,754,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered into
under the authority of this section may provide for such
indemnification as the Secretary determines to be necessary: Provided
further, That projects authorized by this section shall comply with
applicable Federal, State, and local law to the maximum extent
consistent with the national security, as determined by the Secretary
of Defense.
Sec. 8071. 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.
Sec. 8072. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, these funds shall be
available only for a grant to the Fisher House Foundation, Inc., only
for the construction and furnishing of additional Fisher Houses to meet
the needs of military family members when confronted with the illness
or hospitalization of an eligible military beneficiary.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
$202,434,000 shall be for the Israeli Cooperative Programs: Provided,
That of this amount, $45,792,000 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
$72,400,000 shall be for the Arrow Missile Defense Program, of which
$25,000,000 shall be for producing Arrow missile components in the
United States and Arrow missile components in Israel to meet Israel's
defense requirements, consistent with each nation's laws, regulations
and procedures: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
(including transfer of funds)
Sec. 8074. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $454,586,000 shall be
available until September 30, 2010, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer such funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred:
To:
Under the heading Shipbuilding and Conversion, Navy, 2004/2010:
New SSN, $26,906,000.
LPD-17 Amphibious Transport Dock Program, $16,844,000.
Under the heading Shipbuilding and Conversion, Navy, 2005/2010:
New SSN, $18,702,000.
LPD-17 Amphibious Transport Dock Program, $16,498,000.
Under the heading Shipbuilding and Conversion, Navy, 2007/2011:
DD(X) Program, $309,636,000.
Under the heading Shipbuilding and Conversion, Navy, 2008/2012:
LPD-17 Amphibious Transport Dock Program, $66,000,000.
Sec. 8075. 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
United States Navy forces assigned to the Pacific fleet: Provided, That
the command and control relationships which existed on October 1, 2004,
shall remain in force unless changes are specifically authorized in a
subsequent Act.
Sec. 8076. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code, for occupations listed
in section 7403(a)(2) of title 38, United States Code, as well as the
following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Orthotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapy Assistants, Respiratory
Therapists, Speech Pathologists, Dietitian/Nutritionists,
Industrial Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, Medical
Technologists, Medical Technicians, Pharmacy Technicians,
Health System Specialists, Medical Instrument Technicians, and
Dental Hygienists:
(A) The requirements of section 7403(g)(1)(A) of
title 38, United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of
title 38, United States Code, shall not apply.
Sec. 8077. Funds appropriated by this Act, or made available by
the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2010 until the enactment of the Intelligence Authorization
Act for Fiscal Year 2010.
Sec. 8078. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8079. (a) In addition to the amounts provided elsewhere in
this Act, $3,000,000 is hereby appropriated to the Department of
Defense for ``Operation and Maintenance, Army National Guard''. Such
amount shall be made available to the Secretary of the Army only to
make a grant in the amount of $3,000,000 to the entity specified in
subsection (b) to facilitate access by veterans to opportunities for
skilled employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a nonprofit
labor-management cooperation committee provided for by section
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C.
186(c)(9)), for the purposes set forth in section 6(b) of the Labor
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
Sec. 8080. The budget of the President for fiscal year 2011
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Operation and
Maintenance accounts, and the Procurement accounts: Provided, That
these documents shall include a description of the funding requested
for each contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations account:
Provided further, That these documents shall include estimated costs
for each element of expense or object class, a reconciliation of
increases and decreases for each contingency operation, and
programmatic data including, but not limited to, troop strength for
each Active and Reserve component, and estimates of the major weapons
systems deployed in support of each contingency: Provided further, That
these documents shall include budget exhibits OP-5 and OP-32 (as
defined in the Department of Defense Financial Management Regulation)
for all contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8081. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
Sec. 8082. Up to $2,500,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
Missile Range Facility may be made available to contract for the
repair, maintenance, and operation of adjacent off-base water,
drainage, and flood control systems, electrical upgrade to support
additional missions critical to base operations, and support for a
range footprint expansion to further guard against encroachment.
Sec. 8083. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $88,700,000 is hereby
appropriated to the Department of Defense: Provided, That the Secretary
of Defense shall make grants in the amounts specified as follows:
$20,000,000 to the United Service Organizations; $30,000,000 to the Red
Cross; $6,000,000 to the SOAR Virtual School District; $5,000,000 to
The Presidio Heritage Center; $5,000,000 to the Paralympics Military
Program; $4,800,000 to the Arrest Deterioration of Ford Island Aviation
Control Tower, Pearl Harbor, Hawaii; $2,000,000 to the Go For Broke
program; $1,000,000 to Our Military Kids; $3,000,000 to the New Jersey
Technology Center; $2,000,000 to the Women in Military Service for
America Memorial; $500,000 to the Marshall Legacy Institute; $1,000,000
to the Vietnam Veterans Memorial Fund for Demining Activities;
$7,400,000 to the Edward M. Kennedy Institute for the Senate; and
$1,000,000 for the Riverside General Hospital in Houston, Texas, for
the treatment of psychological health issues.
Sec. 8084. None of the funds appropriated or made available in
this Act shall be used to reduce or disestablish the operation of the
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act: Provided, That the Air Force shall allow the
53rd Weather Reconnaissance Squadron to perform other missions in
support of national defense requirements during the non-hurricane
season.
Sec. 8085. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the
conduct of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled
in accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8086. (a) At the time members of reserve components of the
Armed Forces are called or ordered to active duty under section
12302(a) of title 10, United States Code, each member shall be notified
in writing of the expected period during which the member will be
mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines that it is
necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.
(including transfer of funds)
Sec. 8087. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating
necessary changes resulting from inflation, market fluctuations, or
rate adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on Appropriations
of the House of Representatives and the Senate, unless a response from
the Committees is received sooner: Provided further, That the transfer
authority provided by this section is in addition to any other transfer
authority contained elsewhere in this Act.
Sec. 8088. For purposes of section 612 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8089. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other
program authority relating to current tactical unmanned aerial vehicles
(TUAVs) from the Army.
(b) None of the funds appropriated by this Act may be used to
institute an inter-Service common contract for acquisition of MQ-1 or
MQ-1C UAVs until 30 days after the Secretary of Defense certifies to
the congressional defense committees that a common contract would
achieve cost savings, be interoperable with, and not create undue
sustainment costs compared to the current fleet.
Sec. 8090. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8091. Up to $15,000,000 of the funds appropriated under the
heading, ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of
enabling the Pacific Command to execute Theater Security Cooperation
activities such as humanitarian assistance, and payment of incremental
and personnel costs of training and exercising with foreign security
forces: Provided, That funds made available for this purpose may be
used, notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such type
of assistance under any other provision of law.
Sec. 8092. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2011.
Sec. 8093. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8094. Notwithstanding any other provision of law, that not
more than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8095. The Secretary of Defense shall create a major force
program category for space for the Future Years Defense Program of the
Department of Defense. The Secretary of Defense shall designate an
official in the Office of the Secretary of Defense to provide overall
supervision of the preparation and justification of program
recommendations and budget proposals to be included in such major force
program category.
Sec. 8096. The Director of National Intelligence shall include the
budget exhibits identified in paragraphs (1) and (2) as described in
the Department of Defense Financial Management Regulation with the
congressional budget justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program;
P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
21, Production Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E
Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
Sec. 8097. Notwithstanding any other provision of law, none of the
funds made available in this Act may be used to pay negotiated indirect
cost rates on a contract, grant, or cooperative agreement (or similar
arrangement) entered into by the Department of Defense and an entity in
excess of 35 percent of the total cost of the contract, grant, or
agreement (or similar arrangement): Provided, That this limitation
shall apply only to funds made available in this Act for basic
research.
Sec. 8098. The Secretary of Defense shall maintain on the homepage
of the Internet website of the Department of Defense a direct link to
the Internet website of the Office of Inspector General of the
Department of Defense.
Sec. 8099. (a) Not later than 60 days after enactment of this Act,
the Office of the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the
baseline for application of reprogramming and transfer authorities for
fiscal year 2010: Provided, That the report shall include--
(1) a table for each appropriation with a separate column
to display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8100. The Director of National Intelligence shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31,
United States Code, a future-years intelligence program (including
associated annexes) reflecting the estimated expenditures and proposed
appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which
the budget is submitted and at least the four succeeding fiscal years.
Sec. 8101. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.
Sec. 8102. The Department of Defense shall continue to report
incremental contingency operations costs for Operation Iraqi Freedom
and Operation Enduring Freedom on a monthly basis in the Cost of War
Execution Report as prescribed in the Department of Defense Financial
Management Regulation Department of Defense Instruction 7000.14, Volume
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September
2005.
(including transfer of funds)
Sec. 8103. (a) Continuation of Stop-Loss Special Pay.--In addition
to the amounts appropriated or otherwise made available elsewhere in
this Act, $8,300,000 is hereby appropriated to the Secretary of Defense
to carry out this section. Such amount shall be made available to the
Secretaries of the military departments only to provide special pay
during fiscal year 2010 to members of the Army, Navy, Air Force, and
Marine Corps, including members of their reserve components, who, at
any time during fiscal year 2010, serve on active duty while the
members' enlistment or period of obligated service is extended, or
whose eligibility for retirement is suspended, pursuant to section 123
or 12305 of title 10, United States Code, or any other provision of law
(commonly referred to as a ``stop-loss authority'') authorizing the
President to extend an enlistment or period of obligated service, or
suspend an eligibility for retirement, of a member of the uniformed
services in time of war or of national emergency declared by Congress
or the President.
(b) Special Pay Amount.--The amount of the special pay paid under
subsection (a) to or on behalf of an eligible member shall be $500 per
month for each month or portion of a month during fiscal year 2010 that
the member is retained on active duty as a result of application of the
stop-loss authority.
(c) Treatment of Deceased Members.--If an eligible member described
in subsection (a) dies before the payment required by this section is
made, the Secretary concerned shall make the payment in accordance with
section 2771 of title 10, United States Code.
(d) Clarification of Retroactive Stop-Loss Special Pay Authority.--
Section 310 of the Supplemental Appropriations Act, 2009 (Public Law
111-32) is amended by adding at the end the following new subsection:
``(i) Effect of Subsequent Reenlistment of Voluntary Extension of
Service.--Members of the Armed Forces, retired members, and former
members otherwise described in subsection (a) are not eligible for a
payment under this section if the members--
``(1) voluntarily reenlisted or extended their service
after their enlistment or period of obligated service was
extended, or after their eligibility for retirement was
suspended, pursuant to a stop-loss authority; and
``(2) received a bonus for such reenlistment or extension
of service.''.
Sec. 8104. Appropriations available to the Department of Defense
for the purchase of heavy and light armored vehicles for force
protection purposes may be used for such purchase, up to a limit of
$262,000 per vehicle, notwithstanding other limitations applicable to
the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8105. During the current fiscal year, not to exceed
$12,000,000 from each of the appropriations made in title II of this
Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may
be transferred by the military department concerned to its central fund
established for Fisher Houses and Suites pursuant to section 2493(d) of
title 10, United States Code.
(including transfer of funds)
Sec. 8106. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $24,000,000 is available for transfer by the Director of
National Intelligence to other departments and agencies for purposes of
Government-wide information sharing activities: Provided, That the
funds transferred under this provision are to be merged with, and to be
available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That the Office
of Management and Budget must approve any transfers made under this
provision.
Sec. 8107. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall be
available for obligation or expenditure through a reprogramming of
funds in accordance with section 102A(d) of the National Security Act
of 1947 (50 U.S.C. 403-1(d)) unless the Committees on Appropriations of
the House of Representatives and the Senate are notified 15 days in
advance of the reprogramming that--
(1) creates or initiates a new program, project or
activity;
(2) eliminates a program, project or activity;
(3) augments funds for existing projects in excess of 10
percent or more; or
(4) reduces by 10 percent or more funding or personnel for
a project.
(b) None of the funds provided for the National intelligence
Program in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming of funds in
accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 403-1(d)) made after August 1, 2010, except in extraordinary
circumstances and after the Committees on Appropriations of the House
of Representatives and the Senate are notified 30 days in advance of
the reprogramming.
Sec. 8108. None of the funds appropriated or otherwise made
available by this Act, or that remain available for obligation for the
Department of Defense from the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
329), the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), and the Supplemental Appropriations Act, 2009 (Public Law 111-
32), may be used to award to a contractor or convert to performance by
a contractor any functions performed by Federal employees pursuant to a
study conducted under Office of Management and Budget (OMB) Circular A-
76, as of the date of enactment of this Act.
(including transfer of funds)
Sec. 8109. During the current fiscal year, the Secretary of
Defense may transfer to the appropriation ``Foreign Currency
Fluctuations, Defense'' unobligated amounts of funds appropriated for
operation and maintenance for fiscal year 2007, 2008, or 2009 and
unobligated amounts of funds appropriated for military personnel for
any of such fiscal years if such unobligated amounts are not necessary
for the liquidation of obligations or for the making of authorized
adjustments to such appropriations for obligations incurred during the
period of availability of such appropriations: Provided, That the
amount in the appropriation ``Foreign Currency Fluctuations, Defense''
may not exceed the amount specified in subsection 2779(d) of title 10,
United States Code, as a result of the transfer: Provided further, That
the transfer authority provided by this section is in addition to any
other transfer authority contained in this Act.
Sec. 8110. The amounts appropriated in title II of this Act are
hereby reduced by $289,570,000 to reflect excess cash balances in
Department of Defense Working Capital Funds.
Sec. 8111. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or mission
essential business management information technology system that is not
registered with the Director of National Intelligence. A system shall
be considered to be registered with that officer upon the furnishing
notice of the system, together with such information concerning the
system as the Director of the Business Transformation Office may
prescribe.
(2) During the current fiscal year no funds may be obligated or
expended for a financial management automated information system, a
mixed information system supporting financial and non-financial
systems, or a business system improvement of more than $1,000,000,
within the Intelligence Community until the Director of National
Intelligence certifies to the congressional intelligence committees
that the system is being developed and managed in accordance with the
Business Transformation requirements.
(b) The Director of the Business Transformation Office shall
provide the congressional intelligence committees notification of
approvals under paragraph (1) no later than 30 days after
certification. Each such notification shall include a statement
confirming that the following steps have been taken with respect to the
system:
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis
that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise-
wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the
Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or analytic
systems or programmatic or analytic system improvements.
(including transfer of funds)
Sec. 8112. (a) In addition to funds made available elsewhere in
this Act, there is hereby appropriated $439,615,000 to remain available
until transferred: Provided, That these funds are appropriated to the
``Tanker Replacement Transfer Fund'' (referred to as ``the Fund''
elsewhere in this section): Provided further, That the Secretary of the
Air Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and
``Research, Development, Test and Evaluation, Air Force'', only for the
purposes of proceeding with a tanker acquisition program: Provided
further, That funds transferred shall be merged with and be available
for the same purposes and for the same time period as the
appropriations or fund to which transferred: Provided further, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
Secretary of the Air Force shall, not fewer than 15 days prior to
making transfers using funds provided in this section, notify the
congressional defense committees in writing of the details of any such
transfer: Provided further, That the Secretary shall submit a report no
later than 30 days after the end of each fiscal quarter to the
congressional defense committees summarizing the details of the
transfer of funds from this appropriation.
(b) The Secretary of Defense is directed to award one or more
contracts for the aerial refueling tanker replacement program according
to either of the following alternatives:
(1) A contract to a single offeror based on a best value or
lowest cost source selection derived from full and open
competition, subject to the condition that non-development
aircraft produced under such contract must be finally assembled
in the United States. Such competition and source selection
shall include evaluation of the life-cycle costs of each
aircraft over a 40-year period (including costs of fuel
consumption, military construction and other factors normally
associated with operation and support of tanker aircraft) and
shall include an independent 40-year life-cycle cost estimate
conducted by a federally funded research and development
center.
(2) Contracts awarded to each of the two offerors that
responded to Request for Proposal No. FA8625-07-R-6470 (as
released on January 29, 2007) subject to the condition that all
non-development aircraft produced under any such contracts must
be finally assembled in the United States.
(c) The Secretary of Defense shall certify in writing to the
congressional defense committees by October 1, 2009, which of the
procurement alternatives in subsection (b) represents the most cost-
effective and expeditious tanker replacement strategy that best
responds to United States national security requirements. The
certification shall be accompanied by a report to the congressional
defense committees detailing the rationale for such certification.
Sec. 8113. (a) Under regulations prescribed by the Secretary of
Defense, the Secretary concerned shall provide any member or former
member of the Armed Forces with the benefits specified in subsection
(b) if the member or former member would, on any day during the period
beginning on January 19, 2007, and ending on the date of the
implementation of the Post-Deployment/Mobilization Respite Absence
(PDMRA) program by the Secretary concerned, have qualified for a day of
administrative absence under the Post-Deployment/Mobilization Respite
Absence program had the program been in effect during such period.
(b) Benefits.--The benefits authorized under this section are the
following:
(1) In the case of an individual who is a former member of
the Armed Forces at the time of the provision of benefits under
this section, payment of an amount not to exceed $200 for each
day the individual would have qualified for a day of
administrative absence as described in subsection (a) during
the period specified in that subsection.
(2) In the case of an individual who is a member of the
Armed Forces at the time of the provision of benefits under
this section, either one day of administrative absence or
payment of an amount not to exceed $200, as selected by the
Secretary concerned, for each day the individual would have
qualified for a day of administrative absence as described in
subsection (a) during the period specified in that subsection.
(c) Exclusion of Certain Former Members.--A former member of the
Armed Forces is not eligible under this section for the benefits
specified in subsection (b)(1) if the former member was discharged or
released from the Armed Forces under other than honorable conditions.
(d) Maximum Number of Days of Benefits.--Not more than 40 days of
benefits may be provided to a member or former member of the Armed
Forces under this section.
(e) Form of Payment.--The paid benefits authorized under this
section may be paid in a lump sum or installments, at the election of
the Secretary concerned.
(f) Construction With Other Pay and Leave.--The benefits provided a
member or former member of the Armed Forces under this section are in
addition to any other pay, absence, or leave provided by law.
(g) Definitions.--In this section:
(1) The term ``Post-Deployment/Mobilization Respite Absence
program'' means the program of a military department to provide
days of administrative absence not chargeable against available
leave to certain deployed or mobilized members of the Armed
Forces in order to assist such members in reintegrating into
civilian life after deployment or mobilization.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(5) of title 37, United States Code.
(h) Termination.--
(1) The authority to provide benefits under this section
shall expire on the date that is 1 year after the date of the
enactment of this Act.
(2) Expiration under this subsection of the authority to
provide benefits under this section shall not affect the
utilization of any day of administrative absence provided a
member of the Armed Forces under subsection (b)(2), or the
payment of any payment authorized a member or former member of
the Armed Forces under subsection (b), before the expiration of
the authority in this section.
Sec. 8114. (a) Resettlement Support and Other Public Benefits for
Certain Iraqi Refugees.--Section 1244(g) of the Refugee Crisis in Iraq
Act of 2007 (subtitle C of title XII of division A of Public Law 110-
181; 122 Stat. 398) is amended by striking ``for a period not to exceed
eight months'' and inserting ``to the same extent, and for the same
periods of time, as such refugees''.
(b) Resettlement Support and Other Public Benefits for Certain
Afghan Allies.--Section 602(b)(8) of the Afghan Allies Protection Act
of 2009 (title VI of division F of Public Law 111-8; 123 Stat. 809) is
amended by striking ``for a period not to exceed 8 months'' and
inserting ``to the same extent, and for the same periods of time, as
such refugees''.
Sec. 8115. (a) With respect to the list of specific programs,
projects and activities contained in the tables entitled ``Explanation
of Project Level Adjustments'' in the report of the Committee on
Appropriations of the House of Representatives, those which are
considered congressional earmarks for purposes of rule XXI of the House
of Representatives, when awarded to a for profit entity, shall be
awarded under full and open competition.
(b) For profit entities previously awarded a contract with the
Department of Defense which remains in effect during fiscal year 2010,
to provide such programs projects or activities as described in
subsection (a), shall be considered to have satisfied the conditions of
full and open competition, provided that any such contract was awarded
under full and open competition.
Sec. 8116. The amounts appropriated in title II of this Act are
hereby reduced from the specified accounts in the specified amounts:
``Operation and Maintenance, Navy'', $192,000,000.
``Operation and Maintenance, Marine Corps'', $28,000,000.
``Operation and Maintenance, Air Force'', $188,000,000.
``Operation and Maintenance, Defense-Wide'', $142,000,000.
Sec. 8117. In carrying out Congressionally Directed Medical
Research programs related to breast cancer research, the Secretary of
Defense shall ensure the following:
(1) The selection process for choosing an individual to
serve as a member of an integration panel shall be fair and
representative of the interested community so that the
integration panel consists of a diverse representation of the
breast cancer survivor and advocacy community.
(2) An individual serving as a member of an integration
panel may not be an employee, serve on the board of, or have a
financial relationship with the same organization (including
any organization related to such organization through common
board membership, financial support, or other similar
relationship) as that of another individual serving as a member
of such panel.
Sec. 8118. None of the funds appropriated or otherwise made
available by this Act, or that remain available for obligation for the
Department of Defense from the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-
329), the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), and the Supplemental Appropriations Act, 2009 (Public Law 111-
32), may be used to eliminate any personnel positions from the 194th
Regional Support Wing of the United States Air National Guard as of the
date of enactment of this Act.
Sec. 8119. (a) None of the funds made available in this or any
prior Act may be used to release an individual who is detained, as of
April 30, 2009, at Naval Station, Guantanamo Bay, Cuba, into the
continental United States, Alaska, Hawaii, the District of Columbia, or
any of the United States territories of Guam, American Samoa (AS), the
United States Virgin Islands (USVI), the Commonwealth of Puerto Rico
and the Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any prior Act may
be used to transfer an individual who is detained, as of April 30,
2009, at the Naval Station, Guantanamo Bay, Cuba, into the continental
United States, Alaska, Hawaii, the District of Columbia, or any of the
United States territories of Guam, American Samoa (AS), the United
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes
of detaining or prosecuting such individual until 2 months after the
plan detailed in subsection (c) is received.
(c) The President shall submit to the Congress, in writing, a
comprehensive plan regarding the proposed disposition of each
individual who is detained, as of April 30, 2009, at Naval Station,
Guantanamo Bay, Cuba, who is not covered under subsection (d). Such
plan shall include, at a minimum, each of the following for each such
individual:
(1) The findings of an analysis regarding any risk to the
national security of the United States that is posed by the
transfer of the individual.
(2) The costs associated with not transferring the
individual in question.
(3) The legal rationale and associated court demands for
transfer.
(4) A certification by the President that any risk
described in paragraph (1) has been mitigated, together with a
full description of the plan for such mitigation.
(5) A certification by the President that the President has
submitted to the Governor and legislature of the State or
territory (or, in the case of the District of Columbia, to the
Mayor of the District of Columbia) to which the President
intends to transfer the individual a certification in writing
at least 30 days prior to such transfer (together with
supporting documentation and justification) that the individual
does not pose a security risk to the United States.
(d) None of the funds made available in this or any prior Act may
be used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of April 30, 2009, to the country of such
individual's nationality or last habitual residence or to the freely
associated States of the Federated States of Micronesia (FSM), the
Republic of the Marshall Islands (RMI), or the Republic of Palau, or to
any other country other than the United States, unless the President
submits to the Congress, in writing, at least 30 days prior to such
transfer or release, the following information:
(1) The name of any individual to be transferred or
released and the country to which such individual is to be
transferred or released.
(2) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services or the United States, that is posed by such
transfer or release and the actions taken to mitigate such
risk.
(3) The terms of any agreement with another country for
acceptance of such individual, including the amount of any
financial assistance related to such agreement.
Sec. 8120. None of the funds appropriated or otherwise made
available in this Act may be used for advance procurement of the F-22
aircraft: Provided, That $368,800,000 of the funds made available in
title III under the heading ``Aircraft Procurement, Air Force'' may be
available for the following programs in the following amounts:
(1) $64,000,000 for production line shut down activities
for the F-22.
(2) $138,800,000 for spare engines for F-22 and C-17
aircraft.
(3) $79,000,000 for LAIRCM kits for the Air National Guard.
(4) $37,000,000 for advanced targeting pods.
(5) $50,000,000 for advanced radar development.
Sec. 8121. The amount appropriated in title VI under the heading
``Defense Health Program'' for operation and maintenance is hereby
reduced by $26,000,000 and the amount appropriated under such heading
for research, development, test, and evaluation is hereby increased by
$26,000,000.
Sec. 8122. None of the funds appropriated or otherwise made
available in this Act may be used to award to a contractor, or convert
to performance by a contractor, the provision of utilities at the
United States Military Academy at West Point.
Sec. 8123. The amounts otherwise provided by this Act are revised
by reducing the amount made available under title II under the heading
``Operation and Maintenance, Air Force'', and increasing the amount
available under title VI under the heading ``Chemical Agents and
Munitions Destruction, Defense'', by $50,000,000.
Sec. 8124. None of the funds appropriated or otherwise made
available in this Act may be used by the Secretary of the Army to
convert government-owned ammunition production assets to the private
sector.
TITLE IX
OVERSEAS DEPLOYMENTS AND OTHER ACTIVITIES
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$10,492,723,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,622,717,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$997,470,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,855,337,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$302,637,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$39,040,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$31,337,000: Provided, That the amount under this heading is designated
as being for overseas deployments and other activities pursuant to
section 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$24,822,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$839,966,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $18,500,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$41,836,029,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$4,975,665,000: Provided, That up to $241,503,000 of the amount under
this heading shall be transferred to the Coast Guard ``Operating
Expenses'' account: Provided further, That the amount under this
heading is designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $2,961,279,000: Provided, That the amount under this heading
is designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $7,858,895,000: Provided, That the amount under this heading
is designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Operation and Maintenance, Defense-wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,397,800,000, of which:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi
Freedom and Operation Enduring Freedom.
(2) Not to exceed $1,540,000,000, to remain available until
expended, for payments to reimburse key cooperating nations for
logistical, military, and other support, including access
provided to United States military operations in support of
Operation Iraqi Freedom and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided, That such
reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of
Management and Budget, may determine, in his discretion, based
on documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the purpose
of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan, and 15 days following notification to the
appropriate congressional committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
in this paragraph: Provided further, That the amount under
this heading is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $163,461,000: Provided, That the amount under this heading
is designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $54,447,000: Provided, That the amount under this heading
is designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $69,333,000: Provided, That the amount under this
heading is designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $100,740,000: Provided, That the amount under this heading
is designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $257,317,000: Provided, That the amount under this
heading is designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $231,889,000: Provided, That the amount under this
heading is designated as being for overseas deployments and other
activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for expenses directly relating to overseas
contingency operations by United States military forces,
$14,636,901,000, to remain available for obligation until expended:
Provided, That of the funds made available under this heading, the
Secretary of Defense may transfer these funds only to military
personnel accounts, operation and maintenance accounts, the defense
health program appropriation, and working capital funds accounts:
Provided further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same time period,
as the appropriation to which transferred: Provided further, That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the Secretary shall notify the congressional defense
committees 15 days prior to such transfer: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority available to the Department of Defense:
Provided further, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $7,462,769,000, to
remain available until September 30, 2011: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command-Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund and used for
such purposes: Provided further, That the Secretary of Defense shall
notify the congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the sources
and amounts of the funds received and the specific use of such
contributions: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating from this appropriation
account, notify the congressional defense committees in writing of the
details of any such obligation: Provided further, That the amount
under this heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$1,636,229,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to section 423(a)(1)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$469,470,000, to remain available until September 30, 2012: Provided,
That the amount under this heading is designated as being for overseas
deployments and other activities pursuant to section 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,219,466,000, to remain available until
September 30, 2012: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$370,635,000, to remain available until September 30, 2012: Provided,
That the amount under this heading is designated as being for overseas
deployments and other activities pursuant to section 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$5,635,306,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to section 423(a)(1)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$889,097,000, to remain available until September 30, 2012: Provided,
That the amount under this heading is designated as being for overseas
deployments and other activities pursuant to section 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$73,700,000, to remain available until September 30, 2012: Provided,
That the amount under this heading is designated as being for overseas
deployments and other activities pursuant to section 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $698,780,000, to remain available until September 30,
2012: Provided, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$260,797,000, to remain available until September 30, 2012: Provided,
That the amount under this heading is designated as being for overseas
deployments and other activities pursuant to section 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,100,268,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to section 423(a)(1)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$825,718,000, to remain available until September 30, 2012: Provided,
That the amount under this heading is designated as being for overseas
deployments and other activities pursuant to section 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$36,625,000, to remain available until September 30, 2012: Provided,
That the amount under this heading is designated as being for overseas
deployments and other activities pursuant to section 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $256,819,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to section 423(a)(1)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,275,238,000, to remain available until September 30, 2012:
Provided, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to section 423(a)(1)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Procurement, Defense-wide
For an additional amount for ``Procurement, Defense-Wide'',
$489,980,000, to remain available until September 30, 2012: Provided,
That the amount under this heading is designated as being for overseas
deployments and other activities pursuant to section 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
National Guard and Reserve Equipment
For procurement of items of equipment as designated by the Chief of
the National Guard Bureau and the Chiefs of the reserve components of
the Armed Forces, $500,000,000, to remain available for obligation
until September 30, 2012, of which $300,000,000 shall be available only
for the Army National Guard: Provided, That the Chiefs of National
Guard and Reserve components shall, not later than 30 days after the
enactment of this Act, individually submit to the congressional defense
committees the modernization priority assessment for their respective
National Guard or Reserve component: Provided further, That the amount
under this heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Rapid Acquisition Fund
(including transfer of funds)
There is hereby established in the Treasury of the United States
the Rapid Acquisition Fund. For the Rapid Acquisition Fund,
$40,000,000, to remain available until September 30, 2012: Provided,
That such funds shall be available to the Secretary of Defense, with
the advice of the Chairman of the Joint Chiefs of Staff, for the
purpose of providing for Joint Urgent Operational Needs: Provided
further, That the Secretary of Defense may transfer such funds to
appropriations for operation and maintenance; procurement; and
research, development, test and evaluation: Provided further, That
funds so transferred shall be merged with and shall be available for
the same purposes and the same time period as that account to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such funds may be transferred back to
this appropriation: Provided further, That the transfer authority
provided herein is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to section 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$3,606,000,000, to remain available until September 30, 2011: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, to procure, sustain,
transport, and field Mine Resistant Ambush Protected vehicles: Provided
further, That the Secretary shall transfer such funds only to
appropriations for operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
funds may be transferred back to this appropriation: Provided further,
That the Secretary shall, not fewer than 10 days prior to making
transfers from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer: Provided
further, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to section 423(a)(1)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $57,962,000, to remain available until September
30, 2011: Provided, That the amount under this heading is designated
as being for overseas deployments and other activities pursuant to
section 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $38,280,000, to remain available until September
30, 2011: Provided, That the amount under this heading is designated
as being for overseas deployments and other activities pursuant to
section 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $29,286,000, to remain available until
September 30, 2011: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Research, Development, Test and Evaluation, Defense-wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $115,826,000, to remain available until
September 30, 2011: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$412,215,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,155,235,000, which shall be for operation and maintenance:
Provided, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to section 423(a)(1)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Drug Interdiction and Counter-drug Activities
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities'', $317,603,000, to remain available until September 30,
2011: Provided, That the amount under this heading is designated as
being for overseas deployments and other activities pursuant to section
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For an additional amount for ``Joint Improvised Explosive Device
Defeat Fund'', $1,490,000,000, of which $730,000,000 shall be for
Attack the Network, to remain available until September 30, 2011;
$600,000,000 shall be for Defeat the Device, to remain available until
September 30, 2012; and $160,000,000 shall be for Train the Force, to
remain available until September 30, 2010: Provided, That the amount
under this heading is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $8,876,000: Provided, That the amount under this heading is
designated as being for overseas deployments and other activities
pursuant to section 423(a)(1) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2010.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up
to $3,000,000,000 between the appropriations or funds made available to
the Department of Defense in this title, with the exception of the
``Overseas Contingency Operations Transfer Fund'': Provided, That the
Secretary shall notify the Congress promptly of each transfer made
pursuant to the authority in this section: Provided further, That the
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense and is subject to the
same terms and conditions as the authority provided in the Department
of Defense Appropriations Act, 2010: Provided further, That the amount
in this section is designated as being for overseas deployments and
other activities pursuant to section 423(a)(1) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 9003. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund'' provided in
this Act and executed in direct support of overseas contingency
operations in Afghanistan or Iraq, may be obligated at the time a
construction contract is awarded: Provided, That for the purpose of
this section, supervision and administration costs include all in-house
Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase motor vehicles for use by military and civilian
employees of the Department of Defense in Iraq and Afghanistan, up to a
limit of $75,000 per vehicle, notwithstanding other limitations
applicable to passenger carrying motor vehicles.
Sec. 9005. Not to exceed $1,300,000,000 of the amount appropriated
in this title under the heading ``Operation and Maintenance, Army'' may
be used, notwithstanding any other provision of law, to fund the
Commander's Emergency Response Program, for the purpose of enabling
military commanders in Iraq and Afghanistan to respond to urgent
humanitarian relief and reconstruction requirements within their areas
of responsibility: Provided, That not later than 15 days after the end
of each fiscal year quarter, the Secretary of Defense shall submit to
the congressional defense committees a report regarding the source of
funds and the allocation and use of funds during that quarter that were
made available pursuant to the authority provided in this section or
under any other provision of law for the purposes described herein:
Provided further, That, of the funds provided, $500,000,000 shall not
be available until 5 days after the Secretary of Defense has completed
a thorough review of the Commander's Emergency Response Program and
provided a report on his findings to the congressional defense
committees.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to
coalition forces supporting military and stability operations in Iraq
and Afghanistan: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
(including transfer of funds)
Sec. 9007. During fiscal year 2010 and from funds in the ``Defense
Cooperation Account'', as established by 10 U.S.C. 2608, the Secretary
of Defense may transfer not to exceed $6,500,000 to such appropriations
or funds of the Department of Defense as the Secretary shall determine
for use consistent with the purposes for which such funds were
contributed and accepted: Provided, That such amounts shall be
available for the same time period as the appropriation to which
transferred: Provided further, That the Secretary shall report to the
Congress all transfers made pursuant to this authority: Provided
further, That the amount in this section is designated as being for
overseas deployments and other activities pursuant to section 423(a)(1)
of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Sec. 9008. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9009. None of the funds made available in this Act may be
used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277;
112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
prescribed thereto, including regulations under part 208 of
title 8, Code of Federal Regulations, and part 95 of title 22,
Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
Law 109-148).
Sec. 9010. (a) Report on Iraq Troop Drawdown Status, Goals, and
Timetable.--In recognition and support of the policy of President
Barack Obama to withdraw all United States combat brigades from Iraq by
August 31, 2010, and all United States military forces from Iraq on
December 31, 2011, Congress directs the Secretary of Defense (in
consultation with other members of the National Security Council) to
prepare a report that identifies troop drawdown status and goals and
includes--
(1) a detailed, month-by-month description of the
transition of United States military forces and equipment out
of Iraq; and
(2) a detailed, month-by-month description of the
transition of United States contractors out of Iraq.
(b) Elements of Report.--At a minimum, the Secretary of Defense
shall address the following:
(1) How the Government of Iraq is assuming the
responsibility for reconciliation initiatives as the mission of
the United States Armed Forces transitions.
(2) How the drawdown of military forces complies with the
President's planned withdrawal of combat brigades by August 31,
2010, and all United States forces by December 31, 2011.
(3) The roles and responsibilities of remaining contractors
in Iraq as the United States mission evolves, including the
anticipated number of United States contractors to remain in
Iraq after August 31, 2010, and December 31, 2011.
(c) Submission.--
(1) Not later than 90 days after the date of enactment of
this Act, and every 90 days thereafter through September 30,
2010, the Secretary of Defense shall submit the report required
by subsection (a) and a classified annex to the report, as
necessary.
(2) The Secretary may submit the report required by
subsection (a) separately as provided in paragraph (1) or
include the information required by this report when submitting
reports required of the Secretary under section 9204 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 122
Stat. 2410).
TITLE X
ADDITIONAL GENERAL PROVISIONS
Sec. 1001. Not later than 60 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the use of hyperbaric oxygen therapy (in this section referred to as
``HBOT'') under the Secretary of Defense. Such report shall include the
following:
(1) The number of members of the Armed Forces, veterans,
and civilians being treated with HBOT.
(2) The types of conditions being treated with HBOT and the
respective success rates for each condition.
(3) The current inventory of all hyperbaric chambers being
used by the Secretary of Defense (including the locations, the
purposes, and the rate of use of such chambers).
(4) Any plans for expanding the use of HBOT for treatment.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2010''.
Passed the House of Representatives July 30, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 3326
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2010, and for other purposes.