That the following sums are
appropriated, out of any money in the Treasury not otherwise appropriated, for
the fiscal year ending September 30, 2010, for military functions administered
by the Department of Defense and for other purposes, namely:
<enum>I</enum><header display-inline="no-display-inline">MILITARY PERSONNEL</header>
<appropriations-intermediate id="ID024E9F344E8849109F02F696AE8AEAC0"><header>Military Personnel,
Army</header><text display-inline="no-display-inline">For pay, allowances,
individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between permanent duty
stations, for members of the Army on active duty (except members of reserve
components provided for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments pursuant to section 156
of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund,
$39,901,547,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HAB9332DD3EC54B61AD86D659C4F8F3E4"><header>Military Personnel,
Navy</header><text display-inline="no-display-inline">For pay, allowances,
individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between permanent duty
stations, for members of the Navy on active duty (except members of the Reserve
provided for elsewhere), midshipmen, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund,
$25,095,581,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H687622B3D6FB40919509042FF5B14634"><header>Military Personnel, Marine
Corps</header><text display-inline="no-display-inline">For pay, allowances,
individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between permanent duty
stations, for members of the Marine Corps on active duty (except members of the
Reserve provided for elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund,
$12,528,845,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HC556CCFA189E428882A9DE41D2828120"><header>Military Personnel, Air
Force</header><text display-inline="no-display-inline">For pay, allowances,
individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between permanent duty
stations, for members of the Air Force on active duty (except members of
reserve components provided for elsewhere), cadets, and aviation cadets; for
members of the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
$25,938,850,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H6C6EA47C88C54A0A8CD4301263DF457C"><header>Reserve Personnel,
Army</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Army Reserve on active duty under sections 10211, 10302, and 3038 of
title 10, United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or while
undergoing reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement Fund,
$4,308,513,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H41A1176DA032409EA3AAB2BE570F5B4C"><header>Reserve Personnel,
Navy</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Navy Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$1,918,111,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H6AF0971CE18B4BD7B5A99A4DCF435EBB"><header>Reserve Personnel, Marine
Corps</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Marine Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of Defense
Military Retirement Fund,
$610,580,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HE1DBE46DB0DD499FA2F0F6C526F456B5"><header>Reserve Personnel, Air
Force</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Air Force Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or while
undergoing reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement Fund,
$1,600,462,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H5E03E1FBB1B6408BBC60E6112F65C8DE"><header>National Guard Personnel,
Army</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Army National Guard while on duty under section 10211, 10302, or 12402
of title 10 or section 708 of title 32, United States Code, or while serving on
duty under section 12301(d) of title 10 or section 502(f) of title 32, United
States Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$7,525,628,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HD6581B0662E14305B8E785891D07068D"><header>National Guard Personnel, Air
Force</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Air National Guard on duty under section 10211, 10305, or 12402 of title
10 or section 708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32, United States
Code, in connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while performing
drills or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund,
$2,949,899,000.</text>
</appropriations-intermediate><enum>II</enum><header display-inline="no-display-inline">OPERATION AND MAINTENANCE</header>
<appropriations-intermediate id="HDF07CEFDADB04458AB03CAA02CDE1544"><header>Operation and Maintenance,
Army</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of the
Army, as authorized by law; and not to exceed
$12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of the Army, and payments may be made on his certificate of necessity
for confidential military purposes,
$30,454,152,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H90E397DB9D264DC7832AECAFDA3C85F2"><header>Operation and Maintenance,
Navy</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of the Navy
and the Marine Corps, as authorized by law; and not to exceed
$14,657,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of the Navy, and payments may be made on his certificate of necessity
for confidential military purposes,
$34,885,932,000 (increased by
$1,000,000) (reduced by
$1,000,000):
<proviso><italic>Provided,</italic></proviso> That
$60,199,000 shall be made available for the
Joint POW/MIA Accounting Command.</text>
</appropriations-intermediate><appropriations-intermediate id="H303A1AE7FF544AFCA476ED4BBF9A436D"><header>Operation and Maintenance,
Marine Corps</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of the
Marine Corps, as authorized by law,
$5,557,510,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H397F1CB54E834C9EA36AB987493747F1"><header>Operation and Maintenance, Air
Force</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of the Air
Force, as authorized by law; and not to exceed
$7,699,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes,
$33,785,349,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H451282A814AC4BB7AB7D288534A0B0E1"><header>Operation and Maintenance,
Defense-Wide</header>
</appropriations-intermediate><appropriations-small id="HEAE3C205407C45E1A28B29103085D372"><text display-inline="no-display-inline">For expenses, not otherwise provided for,
necessary for the operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as authorized by
law, $27,929,377,000:
<proviso><italic>Provided</italic></proviso>, That not more than
$50,000,000 may be used for the Combatant
Commander Initiative Fund authorized under section 166a of title 10, United
States Code:
<proviso><italic>Provided further</italic></proviso>, That
of the funds provided under this heading, not less than
$29,732,000 shall be made available for the
Procurement Technical Assistance Cooperative Agreement Program, of which not
less than $3,600,000 shall be available for
centers defined in 10 U.S.C. 2411(1)(D):
<proviso><italic>Provided further</italic></proviso>, That
none of the funds appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the office of the
Secretary of a military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison
office.</text>
</appropriations-small><appropriations-intermediate id="H56CF1870AE3C4ABF81E62C6B4BFC88A2"><header>Operation and Maintenance, Army
Reserve</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and
communications,$2,621,196,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H39AAC3CA6F6A48F395AD1A743FD7F587"><header>Operation and Maintenance, Navy
Reserve</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$1,280,001,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HB7BB82B90DFF488C93CB2F5FE8E85D9E"><header>Operation and Maintenance,
Marine Corps Reserve</header><text display-inline="no-display-inline">For
expenses, not otherwise provided for, necessary for the operation and
maintenance, including training, organization, and administration, of the
Marine Corps Reserve; repair of facilities and equipment; hire of passenger
motor vehicles; travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and communications,
$228,925,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HFD8F750C909043C5AA9946C41C5B02AF"><header>Operation and Maintenance, Air
Force Reserve</header><text display-inline="no-display-inline">For expenses,
not otherwise provided for, necessary for the operation and maintenance,
including training, organization, and administration, of the Air Force Reserve;
repair of facilities and equipment; hire of passenger motor vehicles; travel
and transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$3,079,228,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H0618D55EA37F46F1AA6D6228ABCF943B"><header>Operation and Maintenance, Army
National Guard</header><text display-inline="no-display-inline">For expenses of
training, organizing, and administering the Army National Guard, including
medical and hospital treatment and related expenses in non-Federal hospitals;
maintenance, operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for Army personnel
on active duty, for Army National Guard division, regimental, and battalion
commanders while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard Bureau;
supplying and equipping the Army National Guard as authorized by law; and
expenses of repair, modification, maintenance, and issue of supplies and
equipment (including aircraft),
$6,353,627,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HCB46F4D829F74C07945B9B8D2062A0BD"><header>Operation and Maintenance, Air
National Guard</header><text display-inline="no-display-inline">For expenses of
training, organizing, and administering the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal hospitals;
maintenance, operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles; supplying and
equipping the Air National Guard, as authorized by law; expenses for repair,
modification, maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as authorized
by law for Air National Guard personnel on active Federal duty, for Air
National Guard commanders while inspecting units in compliance with National
Guard Bureau regulations when specifically authorized by the Chief, National
Guard Bureau,
$5,888,741,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HA5B252B4F609453984DD52A8102668DB"><header>United States Court of Appeals
for the Armed Forces</header><text display-inline="no-display-inline">For
salaries and expenses necessary for the United States Court of Appeals for the
Armed Forces, $13,932,000, of which not to
exceed $5,000 may be used for official
representation purposes.</text>
</appropriations-intermediate><appropriations-intermediate id="H2F357DDF20604B009279CB6CC597FBD0"><header>Environmental Restoration,
Army</header>
</appropriations-intermediate><appropriations-small id="H12F41B24D8F240C2A4031A83378BC7"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Department of
the Army, $415,864,000, to remain available
until transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of the
Army shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-small id="H12F41B24D8F240C2A4031A83378BC9"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Department of
the Navy, $285,869,000, to remain available
until transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of the
Navy shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of the Navy, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="H23CDD624AC964F0B9DC18FB979CEDABF"><header>Environmental Restoration, Air
Force</header>
</appropriations-intermediate><appropriations-small id="H2659B710FC4446B0926C13560749B7C5"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Department of
the Air Force, $494,276,000, to remain available
until transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of the
Air Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste, removal
of unsafe buildings and debris of the Department of the Air Force, or for
similar purposes, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Air Force, to be
merged with and to be available for the same purposes and for the same time
period as the appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="H96D249A6B3B044D8A3868E1FBFA3EAB6"><header>Environmental Restoration,
Defense-Wide</header>
</appropriations-intermediate><appropriations-small id="H25E1AAFBA7E34F4F85C10D384BD2AFDD"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Department of
Defense, $11,100,000, to remain available until
transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of Defense, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="H09E48027906E45699C3518EFDBE58AE7"><header>Environmental Restoration,
Formerly Used Defense Sites</header>
</appropriations-intermediate><appropriations-small id="H9FED59832C8142BF80BD0E45FD9AAF48"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Department of
the Army, $277,700,000, to remain available
until transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of the
Army shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="H9F89B918663F47C2834D0DEAE7DA249D"><header>Overseas Humanitarian, Disaster,
and Civic Aid</header><text display-inline="no-display-inline">For expenses
relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the
Department of Defense (consisting of the programs provided under sections 401,
402, 404, 407, 2557, and 2561 of title 10, United States Code),
$109,869,000, to remain available until
September 30, 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="HB98C3C8C8B2E4F8F865DCBD5F98F5FA7"><header>Cooperative Threat Reduction
Account</header><text display-inline="no-display-inline">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.</text>
</appropriations-intermediate><appropriations-intermediate id="H9F819720B78943368E85265B65E333F6"><header>Department of Defense
Acquisition Workforce Development Fund</header><text display-inline="no-display-inline">For the Department of Defense Acquisition
Workforce Development Fund,
$100,000,000.</text>
</appropriations-intermediate><enum>III</enum><header display-inline="no-display-inline">PROCUREMENT</header>
<appropriations-intermediate id="HA5CEDD90D8E2439BACDD5BEF58E82C52"><header>Aircraft Procurement,
Army</header><text display-inline="no-display-inline">For construction,
procurement, production, modification, and modernization of aircraft,
equipment, including ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training devices; expansion of
public and private plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$5,144,991,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="H149CEB308CA842CB98631764C679CB3B"><header>Missile Procurement,
Army</header><text display-inline="no-display-inline">For construction,
procurement, production, modification, and modernization of missiles,
equipment, including ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training devices; expansion of
public and private plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,358,609,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="H19A5010348314DC6828D5A596259D27A"><header>Procurement of Weapons and
Tracked Combat Vehicles, Army</header><text display-inline="no-display-inline">For construction, procurement, production,
and modification of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $2,681,952,000, to remain
available for obligation until September 30,
2012.</text>
</appropriations-intermediate><appropriations-intermediate id="HB57B51CBE66A43FEBE02FD4D33193055"><header>Procurement of Ammunition,
Army</header><text display-inline="no-display-inline">For construction,
procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$2,053,395,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="H59629F7504694EF0A33C24DCAD04B713"><header>Other Procurement,
Army</header><text display-inline="no-display-inline">For construction,
procurement, production, and modification of vehicles, including tactical,
support, and non-tracked combat vehicles; the purchase of passenger motor
vehicles for replacement only; 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H0B6D16D5140A4E6B889877BC2CB85058"><header>Aircraft Procurement,
Navy</header><text display-inline="no-display-inline">For construction,
procurement, production, modification, and modernization of aircraft,
equipment, including ordnance, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants, including the
land necessary therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned equipment
layaway, $18,325,481,000, to remain available
for obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="HC7E795BA3F4C44B6B928C31C874F177B"><header>Weapons Procurement,
Navy</header><text display-inline="no-display-inline">For construction,
procurement, production, modification, and modernization of missiles,
torpedoes, other weapons, and related support equipment including spare parts,
and accessories therefor; expansion of public and private plants, including the
land necessary therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned equipment
layaway, $3,226,403,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="HC8DDC4BA5FBA4A90A8BDE8033AFB4579"><header>Procurement of Ammunition, Navy
and Marine Corps</header><text display-inline="no-display-inline">For
construction, procurement, production, and modification of ammunition, and
accessories therefor; specialized equipment and training devices; expansion of
public and private plants, including ammunition facilities, authorized by
section 2854 of title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes,
$794,886,000, to remain available for obligation
until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="H6309F6B592314839AF5E648868857A3F"><header>Shipbuilding and Conversion,
Navy</header><text display-inline="no-display-inline">For expenses necessary
for the construction, acquisition, or conversion of vessels as authorized by
law, including armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be constructed
or converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title, as
follows:</text><list changed="deleted" level="title" list-type="none" reported-display-style="strikethrough">
<list-item>Carrier Replacement Program,
$739,269,000.</list-item>
<list-item>Carrier Replacement Program (AP),
$484,432,000.
</list-item>
<list-item>NSSN,
$1,964,317,000.</list-item>
<list-item>NSSN (AP),
$1,959,725,000.</list-item>
<list-item>CVN Refueling,
$1,563,602,000.</list-item>
<list-item>CVN Refuelings (AP),
$211,820,000.</list-item>
<list-item>DD(X),
$1,073,161,000.</list-item>
<list-item>DDG–51 Destroyer,
$1,912,267,000.</list-item>
<list-item>DDG–51 Destroyer (AP),
$328,996,000.</list-item>
<list-item>Littoral Combat Ship,
$2,160,000,000.</list-item>
<list-item>LPD–17,
$872,392,000.</list-item>
<list-item>LPD–17 (AP),
$184,555,000.</list-item>
<list-item>Intratheater Connector,
$357,956,000.</list-item>
<list-item>LCAC Service Life Extension
Program, $63,857,000.</list-item>
<list-item>Prior year shipbuilding costs,
$454,586,000.</list-item>
<list-item>Service Craft,
$3,694,000.</list-item>
<list-item>For outfitting, post delivery,
conversions, and first destination transportation,
$386,903,000.</list-item></list>
</appropriations-intermediate><appropriations-small id="H1C68CC34E4C4481E9FA153AACB05DA9D"><text display-inline="no-display-inline">In all:
$14,721,532,000, to remain available for
obligation until September 30, 2014:
<proviso><italic>Provided</italic></proviso>, That additional
obligations may be incurred after September 30, 2014, for engineering services,
tests, evaluations, and other such budgeted work that must be performed in the
final stage of ship construction:
<proviso><italic>Provided further</italic></proviso>, That
none of the funds provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards in the United
States shall be expended in foreign facilities for the construction of major
components of such vessel:
<proviso><italic>Provided further</italic></proviso>, That
none of the funds provided under this heading shall be used for the
construction of any naval vessel in foreign
shipyards.</text>
</appropriations-small><appropriations-intermediate id="HB06FF40DF00B4BFFB67CCCCBD65D880D"><header>Other Procurement,
Navy</header><text display-inline="no-display-inline">For procurement,
production, and modernization of support equipment and materials not otherwise
provided for, Navy ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger motor vehicles for
replacement only; 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H95BA00FFECCE4BE086420DCB65D30340"><header>Procurement, Marine
Corps</header><text display-inline="no-display-inline">For expenses necessary
for the procurement, manufacture, and modification of missiles, armament,
military equipment, spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
vehicles for the Marine Corps, including the purchase of passenger motor
vehicles for replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title,
$1,563,743,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="H678FF4D7A4394CA2B64163F6D4AE4A8C"><header>Aircraft Procurement, Air
Force</header><text display-inline="no-display-inline">For construction,
procurement, and modification of aircraft and equipment, including armor and
armament, specialized ground handling equipment, and training devices, spare
parts, and accessories therefor; specialized equipment; expansion of public and
private plants, Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other expenses necessary
for the foregoing purposes including rents and transportation of things,
$11,956,182,000, to remain available for
obligation until September 30, 2012;
<proviso><italic>Provided</italic></proviso>, 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 <quote>Aircraft Procurement,
Air Force</quote> appropriated funds are
definitized.</text>
</appropriations-intermediate><appropriations-intermediate id="H3737781816DE430885217868D4ABC7C6"><header>Missile Procurement, Air
Force</header><text display-inline="no-display-inline">For construction,
procurement, and modification of missiles, spacecraft, rockets, and related
equipment, including spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things,
$6,508,359,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="H93B8A049D0A340E88E1AD46C4D2EB7FA"><header>Procurement of Ammunition, Air
Force</header><text display-inline="no-display-inline">For construction,
procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$809,941,000, to remain available for obligation
until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="H871488C35D344003A68173DCCA5EC22B"><header>Other Procurement, Air
Force</header><text display-inline="no-display-inline">For procurement and
modification of equipment (including ground guidance and electronic control
equipment, and ground electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided for; the purchase
of passenger motor vehicles for replacement only; 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H36BC9CEE757443238261911402E0D425"><header>Procurement,
Defense-Wide</header><text display-inline="no-display-inline">For expenses of
activities and agencies of the Department of Defense (other than the military
departments) necessary for procurement, production, and modification of
equipment, supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for replacement only;
expansion of public and private plants, equipment, and installation thereof in
such plants, erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway,
$4,036,816,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="H05148A328644457FB1E966DC5E3D886E"><header>Defense Production Act
Purchases</header><text display-inline="no-display-inline">For activities by
the Department of Defense pursuant to sections 108, 301, 302, and 303 of the
Defense Production Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$82,846,000, to remain available until
expended.</text>
</appropriations-intermediate><enum>IV</enum><header display-inline="no-display-inline">RESEARCH, DEVELOPMENT, TEST AND
EVALUATION</header>
<appropriations-intermediate id="H4C40E2DE15014937AC9527567FE38F4B"><header>Research, Development, Test and
Evaluation, Army</header><text display-inline="no-display-inline">For expenses
necessary for basic and applied scientific research, development, test and
evaluation, including maintenance, rehabilitation, lease, and operation of
facilities and equipment, $11,151,884,000, to
remain available for obligation until September 30,
2011.</text>
</appropriations-intermediate><appropriations-intermediate id="HBCBB9C4C58894781BCD5E74C388D6964"><header>Research, Development, Test and
Evaluation, Navy</header><text display-inline="no-display-inline">For expenses
necessary for basic and applied scientific research, development, test and
evaluation, including maintenance, rehabilitation, lease, and operation of
facilities and equipment, $20,197,300,000, to
remain available for obligation until September 30, 2011:
<proviso><italic>Provided</italic></proviso>, That funds appropriated
in this paragraph which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces:
<proviso><italic>Provided further</italic></proviso>, That
funds appropriated in this paragraph shall be available for the Cobra Judy
program.</text>
</appropriations-intermediate><appropriations-intermediate id="H9CDE9485FC394ED99904509CF3483E44"><header>Research, Development, Test and
Evaluation, Air Force</header><text display-inline="no-display-inline">For
expenses necessary for basic and applied scientific research, development, test
and evaluation, including maintenance, rehabilitation, lease, and operation of
facilities and equipment, $27,976,278,000, to
remain available for obligation until September 30,
2011.</text>
</appropriations-intermediate><appropriations-intermediate id="H00994C6CC08A402EBCC56BF623F167B7"><header>Research, Development, Test and
Evaluation, Defense-Wide</header><text display-inline="no-display-inline">For
expenses of activities and agencies of the Department of Defense (other than
the military departments), necessary for basic and applied scientific research,
development, test and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities and equipment,
$20,721,723,000, to remain available for
obligation until September 30, 2011:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H3CBAA10196CD41F29F952BF43E1A2E8E"><header>Operational Test and Evaluation,
Defense</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the independent activities of the
Director, Operational Test and Evaluation, in the direction and supervision of
operational test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of, production
decisions; joint operational testing and evaluation; and administrative
expenses in connection therewith, $190,770,000,
to remain available for obligation until September 30,
2011.</text>
</appropriations-intermediate><enum>V</enum><header display-inline="no-display-inline">REVOLVING AND MANAGEMENT FUNDS</header>
<appropriations-intermediate id="HACAF031DFE2E46A2B24E344F8FD083A4"><header>Defense Working Capital
Funds</header><text display-inline="no-display-inline">For the Defense Working
Capital Funds,
$1,455,004,000.</text>
</appropriations-intermediate><appropriations-intermediate id="HEF595FF2C0FB4F2EAB9838F8A5F2ABBB"><header>National Defense Sealift
Fund</header><text display-inline="no-display-inline">For National Defense
Sealift Fund programs, projects, and activities, and for expenses of the
National Defense Reserve Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the necessary expenses to
maintain and preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $1,692,758,000, to
remain available until expended:
<proviso><italic>Provided</italic></proviso>, That none of the funds
provided in this paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components unless such
components are manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes:
<proviso><italic>Provided further</italic></proviso>, That
the exercise of an option in a contract awarded through the obligation of
previously appropriated funds shall not be considered to be the award of a new
contract:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of the military department responsible for such procurement may
waive the restrictions in the first proviso on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire capability for national
security purposes.</text>
</appropriations-intermediate><enum>VI</enum><header display-inline="no-display-inline">OTHER DEPARTMENT OF DEFENSE
PROGRAMS</header>
<appropriations-intermediate id="H68EBC910F6B04F6E92499BF8D26A507A"><header>Defense Health
Program</header>
</appropriations-intermediate><appropriations-small id="HB8A8F039844A40FDBE12D02057A136CA"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, for medical and health care programs of the Department
of Defense as authorized by law,
$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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H15B7B3B42F064731BFDD347F24805955"><header>Chemical Agents and Munitions
Destruction, Defense</header><text display-inline="no-display-inline">For
expenses, not otherwise provided for, necessary for the destruction of the
United States stockpile of lethal chemical agents and munitions, to include
construction of facilities, in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,510,760,000, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H51B712398D44439DA78D75B7C589400B"><header>Drug Interdiction and
Counter-Drug Activities, Defense</header>
</appropriations-intermediate><appropriations-small id="H381FB0AD37CF44ACB6E3BFC775E9B258"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For drug interdiction
and counter-drug activities of the Department of Defense, for transfer to
appropriations available to the Department of Defense for military personnel of
the reserve components serving under the provisions of title 10 and title 32,
United States Code; for operation and maintenance; for procurement; and for
research, development, test and evaluation,
$1,237,684,000:
<proviso><italic>Provided</italic></proviso>, That the funds
appropriated under this heading shall be available for obligation for the same
time period and for the same purpose as the appropriation to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="H5640DE92BF314F6BA267504A6B4ACDA3"><header>Joint Improvised Explosive
Device Defeat Fund</header>
</appropriations-intermediate><appropriations-small id="HDB6F66C7FB3D4D29B1371908B1FBC090"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the <quote>Joint
Improvised Explosive Device Defeat Fund</quote>,
$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:
<proviso><italic>Provided</italic></proviso>, That such funds shall be
available to the Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Director of the Joint Improvised Explosive
Device Defeat Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices:
<proviso><italic>Provided further</italic></proviso>, That
within 60 days of the enactment of this Act, a plan for the intended management
and use of the amounts provided under this heading shall be submitted to the
congressional defense committees:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense shall submit a report not later than 60 days after the
end of each fiscal quarter to the congressional defense committees providing
assessments of the evolving threats, individual service requirements to counter
the threats, the current strategy for predeployment training of members of the
Armed Forces on improvised explosive devices, and details on the execution of
the Fund:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense may transfer funds provided herein to appropriations
for operation and maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the purpose
provided herein:
<proviso><italic>Provided further</italic></proviso>, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense shall, not fewer than 15 days prior to making
transfers from this appropriation, notify the congressional defense committees
in writing of the details of any such transfer.</text>
</appropriations-small><appropriations-intermediate id="H631EEAA694F649D49ED10ADBCBB22795"><header>Office of the Inspector
General</header><text display-inline="no-display-inline">For expenses and
activities of the Office of the Inspector General in carrying out the
provisions of the Inspector General Act of 1978, as amended,
$288,100,000, of which
$287,100,000 shall be for operation and
maintenance, of which not to exceed $700,000 is
available for emergencies and extraordinary expenses to be expended on the
approval or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain
available until September 30, 2012, shall be for
procurement.</text>
</appropriations-intermediate><enum>VII</enum><header display-inline="no-display-inline">RELATED AGENCIES</header>
<appropriations-intermediate id="HF56576227F3847B19B22ACB9B58F7ABD"><header>Central Intelligence Agency
Retirement and Disability System Fund</header><text display-inline="no-display-inline">For payment to the Central Intelligence
Agency Retirement and Disability System Fund, to maintain the proper funding
level for continuing the operation of the Central Intelligence Agency
Retirement and Disability System,
$290,900,000.</text>
</appropriations-intermediate><appropriations-intermediate id="H3815F79C10F24374B061F683F17132BB"><header>Intelligence Community
Management Account</header><text display-inline="no-display-inline">For
necessary expenses of the Intelligence Community Management Account,
$611,002,000.</text>
</appropriations-intermediate><enum>VIII</enum><header display-inline="no-display-inline">GENERAL PROVISIONS </header>
<section id="H1D4DED7E5BA647279A22F53F872FC0A7"><enum>8001.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes not authorized by
the Congress.</text>
</section><section id="H2E0E29D5D5034F998809DB8EFA47898B"><enum>8002.</enum><text display-inline="yes-display-inline">During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or employment of, any person
not a citizen of the United States shall not apply to personnel of the
Department of Defense:
<proviso><italic>Provided</italic></proviso>, That salary increases
granted to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in excess of
the percentage increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the provisions of section
5332 of title 5, United States Code, or at a rate in excess of the percentage
increase provided by the appropriate host nation to its own employees,
whichever is higher:
<proviso><italic>Provided further</italic></proviso>,
That this section shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic missions whose pay is
set by the Department of State under the Foreign Service Act of 1980:
<proviso><italic>Provided further</italic></proviso>,
That the limitations of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of Turkey.</text>
</section><section id="HE3F318E079C2425CAC5335C5B337AFA4"><enum>8003.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year,
unless expressly so provided herein.</text>
</section><section id="H59919F94937A417CADF3EC32C8B0A12C"><enum>8004.</enum><text display-inline="yes-display-inline">No more than 20 percent of the
appropriations in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the fiscal year:
<proviso><italic>Provided</italic></proviso>, That this section shall
not apply to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers' Training
Corps.</text>
<appropriations-small id="H08A0D12E0A5B43D9995565DB594A1C85"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="H383419DC197F401282047E8CD425B8A7"><enum>8005.</enum><text display-inline="yes-display-inline">Upon determination by the Secretary of
Defense that such action is necessary in the national interest, he may, with
the approval of the Office of Management and Budget, transfer not to exceed
$4,000,000,000 of working capital funds of the
Department of Defense or funds made available in this Act to the Department of
Defense for military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred:
<proviso><italic>Provided</italic></proviso>, That such authority to
transfer may not be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by the
Congress:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority or any other authority in this Act:
<proviso><italic>Provided further</italic></proviso>,
That no part of the funds in this Act shall be available to prepare or present
a request to the Committees on Appropriations for reprogramming of funds,
unless for higher priority items, based on unforeseen military requirements,
than those for which originally appropriated and in no case where the item for
which reprogramming is requested has been denied by the Congress:
<proviso><italic>Provided further</italic></proviso>,
That a request for multiple reprogrammings of funds using authority provided in
this section shall be made prior to June 30, 2010:
<proviso><italic>Provided further</italic></proviso>,
That transfers among military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds that may be
transferred under this section:
<proviso><italic>Provided further</italic></proviso>,
That no obligation of funds may be made pursuant to section 1206 of Public Law
109–163 (or any successor provision) unless the Secretary of Defense has
notified the congressional defense committees prior to any such
obligation.</text>
</section><section id="H2452A04C887F444C9A48701A26947D9A"><enum>8006.</enum><subsection commented="no" display-inline="yes-display-inline" id="HDE938282EB524C72A5CBC062444B3A8E"><enum>(a)</enum><text>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 <quote>Explanation of Project Level
Adjustments</quote> 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.</text>
</subsection><subsection changed="deleted" id="HD9FAE0D9ECE24FD3BB737788747BD1AA" reported-display-style="strikethrough"><enum>(b)</enum><text>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:
<proviso><italic>Provided</italic></proviso>, That section 8005 shall
apply when transfers of the amounts described in subsection (a) occur between
appropriation accounts.</text>
</subsection></section><section id="H1A93AB449D554D05BECF0FA34DF2C365"><enum>8007.</enum><subsection commented="no" display-inline="yes-display-inline" id="H3775ED95CC5A413E94EB26AB3AA655F3"><enum>(a)</enum><text>Not later than 60 days
after enactment of this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the baseline for application
of reprogramming and transfer authorities for fiscal year 2010:
<proviso><italic>Provided</italic></proviso>, That the report shall
include—</text>
<paragraph changed="deleted" id="H710C835134414F5B8BE0FB7F721C821B" reported-display-style="strikethrough"><enum>(1)</enum><text>a table for each
appropriation with a separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;</text>
</paragraph><paragraph changed="deleted" id="HAFFEE56D5DBF4C98A556C58BC6B8899D" reported-display-style="strikethrough"><enum>(2)</enum><text>a delineation in
the table for each appropriation both by budget activity and program, project,
and activity as detailed in the Budget Appendix; and</text>
</paragraph><paragraph changed="deleted" id="HAA8A3CE5265B4C5E9D44ADA61193F028" reported-display-style="strikethrough"><enum>(3)</enum><text>an identification
of items of special congressional interest.</text>
</paragraph></subsection><subsection changed="deleted" id="H1571E10C2070486897DF69D66CA30278" reported-display-style="strikethrough"><enum>(b)</enum><text>Notwithstanding
section 8005 of this Act, none of the funds provided in this Act shall be
available for reprogramming or transfer until the report identified in
subsection (a) is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an emergency
requirement.</text>
</subsection></section><appropriations-small id="HDFA1388653154DEE9EB7D1967609A9CE"><header>(transfer of
funds)</header>
</appropriations-small><section id="H8EBD769DA2F34E6DA9B7F93FBA93989B"><enum>8008.</enum><text display-inline="yes-display-inline">During the current fiscal year, cash
balances in working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may be maintained in
only such amounts as are necessary at any time for cash disbursements to be
made from such funds:
<proviso><italic>Provided</italic></proviso>, That transfers may be
made between such funds:
<proviso><italic>Provided further</italic></proviso>,
That transfers may be made between working capital funds and the
<quote>Operation and Maintenance</quote> appropriation accounts in such amounts
as may be determined by the Secretary of Defense, with the approval of the
Office of Management and Budget, except that such transfers may not be made
unless the Secretary of Defense has notified the Congress of the proposed
transfer. Except in amounts equal to the amounts appropriated to working
capital funds in this Act, no obligations may be made against a working capital
fund to procure or increase the value of war reserve material inventory, unless
the Secretary of Defense has notified the Congress prior to any such
obligation.</text>
</section><section id="H5A202F11F08649B790E4C1035B119B4C"><enum>8009.</enum><text display-inline="yes-display-inline">Funds appropriated by this Act may not be
used to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.</text>
</section><section id="HAB62169331AE44F6933CD7D3695E5962"><enum>8010.</enum><text display-inline="yes-display-inline">None of the funds provided in this Act
shall be available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of
$20,000,000 in any one year of the contract or
that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance
procurement leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in
any one year, unless the congressional defense committees have been notified at
least 30 days in advance of the proposed contract award:
<proviso><italic>Provided</italic></proviso>, That no part of any
appropriation contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is not
funded at least to the limits of the Government's liability:
<proviso><italic>Provided further</italic></proviso>,
That no part of any appropriation contained in this Act shall be available to
initiate multiyear procurement contracts for any systems or component thereof
if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in
this Act:
<proviso><italic>Provided further</italic></proviso>,
That no multiyear procurement contract can be terminated without 10-day prior
notification to the congressional defense committees:
<proviso><italic>Provided further</italic></proviso>,
That the execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an annual procurement:
<proviso><italic>Provided further</italic></proviso>,
That none of the funds provided in this Act may be used for a multiyear
contract executed after the date of the enactment of this Act unless in the
case of any such contract—</text>
<paragraph id="HEFD26BB30D334418B390BDF630E34CA8"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="HAE8569A5C61442B196591F3496643457"><enum>(2)</enum><text>cancellation
provisions in the contract do not include consideration of recurring
manufacturing costs of the contractor associated with the production of
unfunded units to be delivered under the contract;</text>
</paragraph><paragraph id="HA19AC30A0AC64789AA23FB64D9671646"><enum>(3)</enum><text>the contract
provides that payments to the contractor under the contract shall not be made
in advance of incurred costs on funded units; and</text>
</paragraph><paragraph id="HC2434171B5AD4163B93AD75434F90B55"><enum>(4)</enum><text>the contract does
not provide for a price adjustment based on a failure to award a follow-on
contract.</text>
</paragraph></section><section id="HB0958EF354264D0B9A1D6B678EE8533D" section-type="undesignated-section"><text display-inline="yes-display-inline">Funds appropriated in title III of this Act
may be used for a multiyear procurement contract as follows:</text>
<list changed="deleted" level="paragraph" list-type="none" reported-display-style="strikethrough">
<list-item>F–18 aircraft variants.
</list-item></list>
</section><section id="H3CB4BBFA930645BA8CF94830FB601F0A"><enum>8011.</enum><text display-inline="yes-display-inline">Within the funds appropriated for the
operation and maintenance of the Armed Forces, funds are hereby appropriated
pursuant to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States Code. Such
funds may also be obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority granted in
section 401 of chapter 20 of title 10, United States Code, and these
obligations shall be reported as required by section 401(d) of title 10, United
States Code:
<proviso><italic>Provided</italic></proviso>, That funds available
for operation and maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia, pursuant to the
Compact of Free Association as authorized by Public Law 99–239:
<proviso><italic>Provided further</italic></proviso>,
That upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize the
provision of medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands,
the Federated States of Micronesia, Palau, and Guam.</text>
</section><section id="H3CCE7D9B4DFB45008FF5C391EF5EF969"><enum>8012.</enum><subsection commented="no" display-inline="yes-display-inline" id="HDFF20F2E4D20428F870E1953545DA7C8"><enum>(a)</enum><text display-inline="yes-display-inline">During fiscal year 2010, the civilian
personnel of the Department of Defense may not be managed on the basis of any
end-strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-strength)
on the number of such personnel who may be employed on the last day of such
fiscal year.</text>
</subsection><subsection changed="deleted" id="H2197C3AC8293481491F467CEA84CCC54" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">The fiscal year 2011 budget request for the
Department of Defense as well as all justification material and other
documentation supporting the fiscal year 2011 Department of Defense budget
request shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2011.</text>
</subsection><subsection changed="deleted" id="H3E8696314777457DAFD30E09EECE91BB" reported-display-style="strikethrough"><enum>(c)</enum><text>Nothing in this
section shall be construed to apply to military (civilian) technicians.</text>
</subsection></section><section id="H44CC97878FF14160B19E7CBBA538091D"><enum>8013.</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending before
the Congress.</text>
</section><section id="H2282079755C34366BD58F0FAA354CA8E"><enum>8014.</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education Benefits
Fund when time spent as a full-time student is credited toward completion of a
service commitment:
<proviso><italic>Provided</italic></proviso>, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987:
<proviso><italic>Provided further</italic></proviso>,
That this section applies only to active components of the Army.</text>
</section><section id="H4633CF35D6714558BC3721F231A31F3D"><enum>8015.</enum><subsection commented="no" display-inline="yes-display-inline" id="HB61A1D74043948D187A4D3BECBE14F70"><enum>(a)</enum><text>None of the funds
appropriated by this Act shall be available to convert to contractor
performance an activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by more than 10
Department of Defense civilian employees unless—</text>
<paragraph changed="deleted" id="H210DCE5DFB0B41E4BFB0F4EE9C92F52D" reported-display-style="strikethrough"><enum>(1)</enum><text>the conversion is
based on the result of a public-private competition that includes a most
efficient and cost effective organization plan developed by such activity or
function;</text>
</paragraph><paragraph changed="deleted" id="H89CDA47F70124C76A16518C27B9D6201" reported-display-style="strikethrough"><enum>(2)</enum><text>the Competitive
Sourcing Official determines that, over all performance periods stated in the
solicitation of offers for performance of the activity or function, the cost of
performance of the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the lesser
of—</text>
<subparagraph id="H5A82100F23504DCC8AEB7A91B5F151F2"><enum>(A)</enum><text>10 percent of the
most efficient organization’s personnel-related costs for performance of that
activity or function by Federal employees; or</text>
</subparagraph><subparagraph id="H96EB3792DF11492295033EFD56E8A61A"><enum>(B)</enum><text>$10,000,000;
and</text>
</subparagraph></paragraph><paragraph changed="deleted" id="H69E1BBE3F1164B329D4AD08E9B71BBC2" reported-display-style="strikethrough"><enum>(3)</enum><text>the contractor
does not receive an advantage for a proposal that would reduce costs for the
Department of Defense by—</text>
<subparagraph id="H4E37E1F22FAC40CF97D07B3537EBECFC"><enum>(A)</enum><text>not making an
employer-sponsored health insurance plan available to the workers who are to be
employed in the performance of that activity or function under the contract;
or</text>
</subparagraph><subparagraph id="HC94C2BFDC9DB4341915E1DE429A557B7"><enum>(B)</enum><text>offering to such
workers an employer-sponsored health benefits plan that requires the employer
to contribute less towards the premium or subscription share than the amount
that is paid by the Department of Defense for health benefits for civilian
employees under chapter 89 of title 5, United States Code.</text>
</subparagraph></paragraph></subsection><subsection changed="deleted" id="HDE0C12C6333541D3A108541D3EA50B6B" reported-display-style="strikethrough"><enum>(b)(1)</enum><text>The Department
of Defense, without regard to subsection (a) of this section or subsection (a),
(b), or (c) of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or policy to the
contrary shall have full authority to enter into a contract for the performance
of any commercial or industrial type function of the Department of Defense
that—</text>
<paragraph id="HE680B105E0E24052A7809F49493AA55C" indent="up1"><enum>(A)</enum><text>is included on the
procurement list established pursuant to section 2 of the Javits-Wagner-O’Day
Act (41 U.S.C. 47);</text>
</paragraph><paragraph id="H79FB11071B2E4618A8037E77B9D888C7" indent="up1"><enum>(B)</enum><text>is planned to be
converted to performance by a qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely handicapped individuals in
accordance with that Act; or</text>
</paragraph><paragraph id="HF29A30385FD54FC4A5D703E8933E96E2" indent="up1"><enum>(C)</enum><text>is planned to be
converted to performance by a qualified firm under at least 51 percent
ownership by an Indian tribe, as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a
Native Hawaiian Organization, as defined in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15)).</text>
</paragraph></subsection><subsection changed="deleted" id="H905DB0669E9A44ABAD59FF5277818573" reported-display-style="strikethrough"><enum>(2)</enum><text>This section shall
not apply to depot contracts or contracts for depot maintenance as provided in
sections 2469 and 2474 of title 10, United States Code.</text>
</subsection><subsection changed="deleted" id="HC4B7F075EDAB4E98A5D245279D3B8583" reported-display-style="strikethrough"><enum>(c)</enum><text>The conversion of
any activity or function of the Department of Defense under the authority
provided by this section shall be credited toward any competitive or
outsourcing goal, target, or measurement that may be established by statute,
regulation, or policy and is deemed to be awarded under the authority of, and
in compliance with, subsection (h) of section 2304 of title 10, United States
Code, for the competition or outsourcing of commercial activities.</text>
</subsection></section><appropriations-small id="H4ECD1BEB4CA34FF8A9A439B1992B9602"><header>(transfer of
funds)</header>
</appropriations-small><section id="HC26669C53A17459E859C7C408FC82726"><enum>8016.</enum><text display-inline="yes-display-inline">Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained in this
Act.</text>
</section><section id="HBA73E758E2B9420B827392EF40B23DFE"><enum>8017.</enum><text display-inline="yes-display-inline">None of the funds in this Act may be
available for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter
and under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the United
States:
<proviso><italic>Provided</italic></proviso>, That for the purpose of
this section, the term <quote>manufactured</quote> shall include cutting, heat
treating, quality control, testing of chain and welding (including the forging
and shot blasting process):
<proviso><italic>Provided further</italic></proviso>,
That for the purpose of this section substantially all of the components of
anchor and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the components
produced or manufactured outside the United States:
<proviso><italic>Provided further</italic></proviso>,
That when adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for national security
purposes.</text>
</section><section id="H0B201F01558E41E8822074A762BA3D38"><enum>8018.</enum><text display-inline="yes-display-inline">None of the funds available to the
Department of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or
M–1911 pistols, or to demilitarize or destroy small arms ammunition or
ammunition components that are not otherwise prohibited from commercial sale
under Federal law.</text>
</section><section id="HFCBE002147B641959FA071F0B1E9C9AE"><enum>8019.</enum><text display-inline="yes-display-inline">No more than
$500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any single
relocation of an organization, unit, activity or function of the Department of
Defense into or within the National Capital Region:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying in
writing to the congressional defense committees that such a relocation is
required in the best interest of the Government.</text>
</section><section display-inline="no-display-inline" id="H0607D81816434D5B9271E6BE52420972"><enum>8020.</enum><text display-inline="yes-display-inline">In addition to the funds provided elsewhere
in this Act, $15,000,000 is appropriated only
for incentive payments authorized by section 504 of the Indian Financing Act of
1974 (25 U.S.C. 1544):
<proviso><italic>Provided</italic></proviso>, That a prime contractor
or a subcontractor at any tier that makes a subcontract award to any
subcontractor or supplier as defined in section 1544 of title 25, United States
Code, or a small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds
appropriated by an Act making Appropriations for the Department of Defense with
respect to any fiscal year:
<proviso><italic>Provided further</italic></proviso>,
That notwithstanding section 430 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of supplies or
services, including any contract and any subcontract at any tier for
acquisition of commercial items produced or manufactured, in whole or in part
by any subcontractor or supplier defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an individual or
individuals defined under section 4221(9) of title 25, United States
Code.</text>
</section><section display-inline="no-display-inline" id="H3552E4C484EC482FA634EFF61DCF6262"><enum>8021.</enum><text display-inline="yes-display-inline">Funds appropriated by this Act for the
Defense Media Activity shall not be used for any national or international
political or psychological activities.</text>
</section><section id="H9E48D8909C364E25A68DD7B67810538C"><enum>8022.</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to the provisions of OMB
Circular A–76 if the study being performed exceeds a period of 24 months after
initiation of such study with respect to a single function activity or 30
months after initiation of such study for a multi-function activity, 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.</text>
</section><section id="HB272497C750C4F8495AD3037B780B73E"><enum>8023.</enum><text display-inline="yes-display-inline">During the current fiscal year, the
Department of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that section:
<proviso><italic>Provided</italic></proviso>, That upon receipt, such
contributions from the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.</text>
</section><section id="H97BE5118182D493D8BDF6FD7D6AF64EC"><enum>8024.</enum><subsection commented="no" display-inline="yes-display-inline" id="HACAA648D36EF4B6E96217676BEF9CC06"><enum>(a)</enum><text>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—</text>
<paragraph changed="deleted" id="HBE4F737885A04A6AA03861183947825F" reported-display-style="strikethrough"><enum>(1)</enum><text>$26,433,000
shall be available from <quote>Operation and Maintenance, Air Force</quote> to
support Civil Air Patrol Corporation operation and maintenance, readiness,
counter-drug activities, and drug demand reduction activities involving youth
programs;</text>
</paragraph><paragraph changed="deleted" id="H7C080B5D726840C0BD300CDD7D03716C" reported-display-style="strikethrough"><enum>(2)</enum><text>$7,426,000
shall be available from <quote>Aircraft Procurement, Air Force</quote>;
and</text>
</paragraph><paragraph changed="deleted" id="H3717CEAF957B48F0996D3B51E02286A2" reported-display-style="strikethrough"><enum>(3)</enum><text>$897,000
shall be available from <quote>Other Procurement, Air Force</quote> for vehicle
procurement.</text>
</paragraph></subsection><subsection changed="deleted" id="HE43C8FD7E4F14A139C9B00AD0D680E87" reported-display-style="strikethrough"><enum>(b)</enum><text>The Secretary of
the Air Force should waive reimbursement for any funds used by the Civil Air
Patrol for counter-drug activities in support of Federal, State, and local
government agencies.</text>
</subsection></section><section id="HF15881A179284112BDC9E7820E73D259"><enum>8025.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF1F61F3463F542C8869AF378E5363BF1"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="H47F18D24E4C24035A960A4FB71AFDC46" reported-display-style="strikethrough"><enum>(b)</enum><text>No member of a
Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel,
Visiting Committee, or any similar entity of a defense FFRDC, and no paid
consultant to any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member of such
entity, or as a paid consultant by more than one FFRDC in a fiscal year:
<proviso><italic>Provided</italic></proviso>, That a member of any
such entity referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel Regulations,
when engaged in the performance of membership duties.</text>
</subsection><subsection changed="deleted" id="HC690DF8291C14C4B93638A3E91779929" reported-display-style="strikethrough"><enum>(c)</enum><text>Notwithstanding
any other provision of law, none of the funds available to the department from
any source during fiscal year 2010 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new buildings, for payment
of cost sharing for projects funded by Government grants, for absorption of
contract overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.</text>
</subsection><subsection changed="deleted" id="HE5BB5D33168540238A00121F37AC3C92" reported-display-style="strikethrough"><enum>(d)</enum><text>Notwithstanding
any other provision of law, of the funds available to the department during
fiscal year 2010, not more than 5,582 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
That this subsection shall not apply to staff years funded in the National
Intelligence Program (NIP) and the Military Intelligence Program (MIP).</text>
</subsection><subsection changed="deleted" id="H14B18092DECD415FB114833853CB46FD" reported-display-style="strikethrough"><enum>(e)</enum><text>The Secretary of
Defense shall, with the submission of the department's fiscal year 2011 budget
request, submit a report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.</text>
</subsection><subsection changed="deleted" id="H1F6BE00EB2A745ED88F28F289C45DF12" reported-display-style="strikethrough"><enum>(f)</enum><text>Notwithstanding
any other provision of this Act, the total amount appropriated in this Act for
FFRDCs is hereby reduced by $125,200,000.</text>
</subsection></section><section id="H42F38E0C7963480DAA147CE997A87741"><enum>8026.</enum><text display-inline="yes-display-inline">None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy or armor steel
plate for use in any Government-owned facility or property under the control of
the Department of Defense which were not melted and rolled in the United States
or Canada:
<proviso><italic>Provided</italic></proviso>, That these procurement
restrictions shall apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of the military department responsible for the procurement
may waive this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
<proviso><italic>Provided further</italic></proviso>,
That these restrictions shall not apply to contracts which are in being as of
the date of the enactment of this Act.</text>
</section><section id="HA061A757F9C143C792A6A0FF85DDBC1B"><enum>8027.</enum><text display-inline="yes-display-inline">For the purposes of this Act, the term
<quote>congressional defense committees</quote> means the Armed Services
Committee of the House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.</text>
</section><section id="HEB782EC3277A4E2AAF1D7302555B4B67"><enum>8028.</enum><text display-inline="yes-display-inline">During the current fiscal year, the
Department of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production of
components and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
<proviso><italic>Provided</italic></proviso>, That the Senior
Acquisition Executive of the military department or Defense Agency concerned,
with power of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private bids:
<proviso><italic>Provided further</italic></proviso>,
That Office of Management and Budget Circular A–76 shall not apply to
competitions conducted under this section.</text>
</section><section id="HDD0D764666244F5B92F78401265EE4F0"><enum>8029.</enum><subsection commented="no" display-inline="yes-display-inline" id="HE2782DD240404271B7A004F2F3E9C950"><enum>(a)(1)</enum><text display-inline="yes-display-inline">If the Secretary of Defense, after
consultation with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain types of
products produced in the United States that are covered by the agreement, the
Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy
American Act with respect to such types of products produced in that foreign
country.</text>
</subsection><subsection changed="deleted" id="HEE37361220F546A299F32E3535BB0540" reported-display-style="strikethrough"><enum>(2)</enum><text>An agreement
referred to in paragraph (1) is any reciprocal defense procurement memorandum
of understanding, between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy American Act
for certain products in that country.</text>
</subsection><subsection changed="deleted" id="H827BAC9860944423A7A57BD9EBF0B26E" reported-display-style="strikethrough"><enum>(b)</enum><text>The Secretary of
Defense shall submit to the Congress a report on the amount of Department of
Defense purchases from foreign entities in fiscal year 2010. Such report shall
separately indicate the dollar value of items for which the Buy American Act
was waived pursuant to any agreement described in subsection (a)(2), the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.</text>
</subsection><subsection changed="deleted" id="H0E2983C5DA22459C9E0B0A558CE89D57" reported-display-style="strikethrough"><enum>(c)</enum><text>For purposes of
this section, the term <quote>Buy American Act</quote> means title III of the
Act entitled <quote>An Act making appropriations for the Treasury and Post
Office Departments for the fiscal year ending June 30, 1934, and for other
purposes</quote>, approved March 3, 1933 (41 U.S.C. 10a et seq.).</text>
</subsection></section><section id="HFD1C174808974B03B4E58C0F0D930635"><enum>8030.</enum><text display-inline="yes-display-inline">During the current fiscal year, amounts
contained in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be
available until expended for the payments specified by section 2921(c)(2) of
that Act.</text>
</section><section id="HBC70BA82A71D45C89CCBE5D7E0F74810"><enum>8031.</enum><subsection commented="no" display-inline="yes-display-inline" id="H4BF3B59997D8497C839A9E93003D6563"><enum>(a)</enum><text>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.</text>
</subsection><subsection changed="deleted" id="H61B37B79770146ABAD2C79FA722AD6CA" reported-display-style="strikethrough"><enum>(b)</enum><text>The Secretary of
the Air Force shall convey, at no cost to the Air Force, military housing units
under subsection (a) in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield Program on behalf of
Indian tribes located in the States of Nevada, Idaho, North Dakota, South
Dakota, Montana, and Minnesota.</text>
</subsection><subsection changed="deleted" id="H9DA8C756205044DB987D0EB779D5EA30" reported-display-style="strikethrough"><enum>(c)</enum><text>The Operation
Walking Shield Program shall resolve any conflicts among requests of Indian
tribes for housing units under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).</text>
</subsection><subsection changed="deleted" id="H495E8214A59449E0BCB857DF0D4B309D" reported-display-style="strikethrough"><enum>(d)</enum><text>In this section,
the term <quote>Indian tribe</quote> means any recognized Indian tribe included
on the current list published by the Secretary of the Interior under section
104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103–454;
108 Stat. 4792; 25 U.S.C. 479a–1).</text>
</subsection></section><section id="H3B55A2E6B0A94CD7A758690358BAD100"><enum>8032.</enum><text display-inline="yes-display-inline">During the current fiscal year,
appropriations which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an investment item unit
cost of not more than
$250,000<italic>.</italic></text>
</section><section id="HB283CE666EE2478CB06CFFF9D9AA6E0A"><enum>8033.</enum><subsection commented="no" display-inline="yes-display-inline" id="HDC65B6ADF6A34D85B7BF3CBAB095661E"><enum>(a)</enum><text display-inline="yes-display-inline">During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working Capital
Funds shall be used for the purchase of an investment item for the purpose of
acquiring a new inventory item for sale or anticipated sale during the current
fiscal year or a subsequent fiscal year to customers of the Department of
Defense Working Capital Funds if such an item would not have been chargeable to
the Department of Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be chargeable during the
current fiscal year to appropriations made to the Department of Defense for
procurement.</text>
</subsection><subsection changed="deleted" id="H040E6E373F9545AA80AC965E3F39929A" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">The fiscal year 2011 budget request for the
Department of Defense as well as all justification material and other
documentation supporting the fiscal year 2011 Department of Defense budget
shall be prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed fiscal year 2011
procurement appropriation and not in the supply management business area or any
other area or category of the Department of Defense Working Capital
Funds.</text>
</subsection></section><section id="H40100ACE18E045BCAAB577F72F164359"><enum>8034.</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
for programs of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds appropriated for
the Reserve for Contingencies, which shall remain available until September 30,
2011:
<proviso><italic>Provided</italic></proviso>, That funds
appropriated, transferred, or otherwise credited to the Central Intelligence
Agency Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
<proviso><italic>Provided further</italic></proviso>,
That any funds appropriated or transferred to the Central Intelligence Agency
for advanced research and development acquisition, for agent operations, and
for covert action programs authorized by the President under section 503 of the
National Security Act of 1947, as amended, shall remain available until
September 30, 2011.</text>
</section><section id="HE555594EC13641FCB0C42C690DC5C14B"><enum>8035.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence Agency may be
used for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands, and the component
commands.</text>
</section><section id="HF7DE0212744B40D393D84E35ACE39EAB"><enum>8036.</enum><text display-inline="yes-display-inline">Of the funds appropriated to the Department
of Defense under the heading <quote>Operation and Maintenance,
Defense-Wide</quote>, not less than $12,000,000
shall be made available only for the mitigation of environmental impacts,
including training and technical assistance to tribes, related administrative
support, the gathering of information, documenting of environmental damage, and
developing a system for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from Department of Defense
activities.</text>
</section><section id="HD0F23C0942A84E0088E2A2B89A1EF7D9"><enum>8037.</enum><subsection commented="no" display-inline="yes-display-inline" id="H1DBA9E994FE9413E82EEB1A2BCC79DCA"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of this
subsection, the term <quote>Buy American Act</quote> means title III of the Act
entitled <quote>An Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for other
purposes</quote>, approved March 3, 1933 (41 U.S.C. 10a et seq.).</text>
</subsection><subsection changed="deleted" id="HD2F5E62A9201412C887B92863E6D5DA2" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">If the Secretary of Defense determines that
a person has been convicted of intentionally affixing a label bearing a
<quote>Made in America</quote> inscription to any product sold in or shipped to
the United States that is not made in America, the Secretary shall determine,
in accordance with section 2410f of title 10, United States Code, whether the
person should be debarred from contracting with the Department of
Defense.</text>
</subsection><subsection changed="deleted" id="H43B5C7DD68644DC48C17AC796C766BAB" reported-display-style="strikethrough"><enum>(c)</enum><text>In the case of any
equipment or products purchased with appropriations provided under this Act, it
is the sense of the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products are
cost-competitive, quality-competitive, and available in a timely
fashion.</text>
</subsection></section><section id="HFD3A5CDD868C42759EB0323897FB1013"><enum>8038.</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited proposal unless
the head of the activity responsible for the procurement determines—</text>
<paragraph id="HB7C616C344A0488DADD78BE2ECF90BAC"><enum>(1)</enum><text>as a result of
thorough technical evaluation, only one source is found fully qualified to
perform the proposed work;</text>
</paragraph><paragraph id="HB6338E38E9FB4824AD4BE862C26F8659"><enum>(2)</enum><text>the purpose of the
contract is to explore an unsolicited proposal which offers significant
scientific or technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or</text>
</paragraph><paragraph id="H1ECCEC646A10407DBF8093F79F3A517B"><enum>(3)</enum><text>the purpose of the
contract is to take advantage of unique and significant industrial
accomplishment by a specific concern, or to insure that a new product or idea
of a specific concern is given financial support:
<proviso><italic>Provided</italic></proviso>, That this limitation
shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the interest of the
national defense.</text>
</paragraph></section><section id="H603E0311903041AB9B0AA73BC80BF977"><enum>8039.</enum><subsection commented="no" display-inline="yes-display-inline" id="H3C03B5A097EE435EACA58D72DD43EB20"><enum>(a)</enum><text display-inline="yes-display-inline">Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be used—</text>
<paragraph changed="deleted" id="H501BBFFE17EC422897051B360CC8DA1D" reported-display-style="strikethrough"><enum>(1)</enum><text>to establish a
field operating agency; or</text>
</paragraph><paragraph changed="deleted" id="HB3E30F9BE19C43AD88B0410B7279E0D9" reported-display-style="strikethrough"><enum>(2)</enum><text>to pay the basic
pay of a member of the Armed Forces or civilian employee of the department who
is transferred or reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that headquarters.</text>
</paragraph></subsection><subsection changed="deleted" id="H71E75E76614F492582219631A9995A27" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">The Secretary of Defense or Secretary of a
military department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies to the
Committees on Appropriations of the House of Representatives and Senate that
the granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.</text>
</subsection><subsection changed="deleted" id="H665E3091DF724B318FCAA0357C95A50A" reported-display-style="strikethrough"><enum>(c)</enum><text>This section does
not apply to—</text>
<paragraph id="H4D0F093C2EB24D908E19E4809DD69991"><enum>(1)</enum><text>field operating
agencies funded within the National Intelligence Program; or</text>
</paragraph><paragraph id="H2394E18A8CD744A998F306EED41C6B7F"><enum>(2)</enum><text>an Army field
operating agency established to eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the Secretary of the Army,
other similar threats.</text>
</paragraph></subsection></section><section id="H7AD215D916B74F90A67661B9B94B6085"><enum>8040.</enum><text display-inline="yes-display-inline">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 <quote>Operation and Maintenance, Defense-Wide</quote> 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.</text>
<appropriations-small id="H0BF7E0F090A7466AA7AB71F1A099BDFE"><header>(rescissions)</header>
</appropriations-small></section><section id="H10B9AD00E3374B2B96FA05D66BE24D2D"><enum>8041.</enum><text display-inline="yes-display-inline">Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:</text>
<list changed="deleted" level="paragraph" list-type="none" reported-display-style="strikethrough">
<list-item><quote>Other Procurement, Army,
2009/2011</quote>,
$131,900,000.</list-item>
<list-item><quote>Shipbuilding and
Conversion, Navy, 2009/2013</quote>,
$177,767,000.</list-item>
<list-item><quote>Other Procurement, Navy,
2009/2011</quote>,
$18,844,000.</list-item>
<list-item><quote>Aircraft Procurement, Air
Force, 2009/2011</quote>,
$687,071,000.</list-item>
<list-item><quote>Missile Procurement, Air
Force, 2009/2011</quote>,
$60,000,000.</list-item>
<list-item><quote>Other Procurement, Air
Force, 2009/2011</quote>,
$36,400,000.</list-item>
<list-item><quote>Research, Development, Test
and Evaluation, Navy, 2009/2010</quote>,
$20,000,000.</list-item>
<list-item><quote>Research, Development, Test
and Evaluation, Air Force, 2009/2010</quote>,
$70,000,000.</list-item>
<list-item><quote>Research, Development, Test
and Evaluation, Defense-Wide, 2009/2010</quote>,
$189,357,000.</list-item></list>
</section><section id="HF2B56FC389654DD094BB5DBC278AF5D1"><enum>8042.</enum><text display-inline="yes-display-inline">None of the funds available in this Act may
be used to reduce the authorized positions for military (civilian) technicians
of the Army National Guard, Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military (civilian) technicians,
unless such reductions are a direct result of a reduction in military force
structure.</text>
</section><section id="HF74C667E466B410A8D23C0B9993A577D"><enum>8043.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for assistance to the
Democratic People's Republic of Korea unless specifically appropriated for that
purpose.</text>
</section><section id="H6A20BAE59B564F4AB8FB3581CF22F30A"><enum>8044.</enum><text display-inline="yes-display-inline">Funds appropriated in this Act for
operation and maintenance of the Military Departments, Combatant Commands and
Defense Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard and Reserve
provide intelligence or counterintelligence support to Combatant Commands,
Defense Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program and the Military
Intelligence Program:
<proviso><italic>Provided</italic></proviso>, That nothing in this
section authorizes deviation from established Reserve and National Guard
personnel and training procedures.</text>
</section><section id="H874D564CFB3A4A20971FD724AC6B668B"><enum>8045.</enum><text display-inline="yes-display-inline">During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities below the
September 30, 2003, level:
<proviso><italic>Provided</italic></proviso>, That the Service
Surgeons General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.</text>
</section><section id="H0033A9DFC99B45B2A0EE07E87793CA87"><enum>8046.</enum><subsection commented="no" display-inline="yes-display-inline" id="H58C04D278E924284A95B7890D5FA32B5"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds available to the
Department of Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.</text>
</subsection><subsection changed="deleted" id="H6655B98054304B85949E244551C25170" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">None of the funds available to the Central
Intelligence Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.</text>
</subsection></section><section id="H12CECC79B84E455F959431CCAB08E53C"><enum>8047.</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
may be used for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
the military department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense requirements
on a timely basis and that such an acquisition must be made in order to acquire
capability for national security purposes:
<proviso><italic>Provided further</italic></proviso>,
That this restriction shall not apply to the purchase of <quote>commercial
items</quote>, as defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.</text>
</section><section id="H302240523516487A82CD02BB2CC7A22D"><enum>8048.</enum><text display-inline="yes-display-inline">None of the funds in this Act may be used
to purchase any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire capability
for national security purposes that is not available from United States
manufacturers.</text>
</section><section id="HBA66CFD72A5F4E899F903B1A168650F9"><enum>8049.</enum><text display-inline="yes-display-inline">None of the funds made available in this or
any other Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of administrative
responsibilities or budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal agency not financed
by this Act without the express authorization of Congress:
<proviso><italic>Provided</italic></proviso>, That this limitation
shall not apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.</text>
</section><section display-inline="no-display-inline" id="HB0208967D39348CE9F5AC2D2461D764D"><enum>8050.</enum><subsection commented="no" display-inline="yes-display-inline" id="HCF96F7EC3BEA4FBF8C5A3E8D00DF8408"><enum>(a)</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in subsection (b)
unless the congressional defense committees, the Committee on Foreign Affairs
of the House of Representatives, and the Committee on Foreign Relations of the
Senate are notified 15 days in advance of such transfer.</text>
</subsection><subsection changed="deleted" id="H6A72706A69974C5AB2AACBA001B26429" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">This section applies to—</text>
<paragraph id="H44B46CAC08894E0BB7DA4A1596D9212D"><enum>(1)</enum><text>any international
peacekeeping or peace-enforcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under the authority of a United
Nations Security Council resolution; and</text>
</paragraph><paragraph id="H8F1FB14D9E1B4D12A4E2D7021BC7AF7B"><enum>(2)</enum><text>any other
international peacekeeping, peace-enforcement, or humanitarian assistance
operation.</text>
</paragraph></subsection><subsection changed="deleted" id="HB8F52AEDFB084C98AA854ECF21D2133C" reported-display-style="strikethrough"><enum>(c)</enum><text>A notice under
subsection (a) shall include the following:</text>
<paragraph id="HD954B1E92A5C49F19B33B3CB65C5A708"><enum>(1)</enum><text>A description of
the equipment, supplies, or services to be transferred.</text>
</paragraph><paragraph id="HE61D7EB18D8042DFB749D89DCFFC3637"><enum>(2)</enum><text>A statement of the
value of the equipment, supplies, or services to be transferred.</text>
</paragraph><paragraph id="H413ADB52BCDE4564A74A791C21AD4C30"><enum>(3)</enum><text>In the case of a
proposed transfer of equipment or supplies—</text>
<subparagraph id="HAEB8F7F00F1E4AB5BE8DA3630FD5D9AD"><enum>(A)</enum><text>a statement of
whether the inventory requirements of all elements of the Armed Forces
(including the reserve components) for the type of equipment or supplies to be
transferred have been met; and</text>
</subparagraph><subparagraph id="H8EF22F7389844EE1A1C07E590EE7D84F"><enum>(B)</enum><text>a statement of
whether the items proposed to be transferred will have to be replaced and, if
so, how the President proposes to provide funds for such replacement.</text>
</subparagraph></paragraph></subsection></section><section id="H562169617C2F4A1CA64C7819ADCC99F5"><enum>8051.</enum><text display-inline="yes-display-inline">None of the funds available to the
Department of Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for costs of any
amount paid by the contractor to an employee when—</text>
<paragraph id="H9AD1C4F5DBA2460C93D472A9F680A498"><enum>(1)</enum><text>such costs are for
a bonus or otherwise in excess of the normal salary paid by the contractor to
the employee; and</text>
</paragraph><paragraph id="H28AEFA301AD14B56A3C13A90E44F22A0"><enum>(2)</enum><text>such bonus is part
of restructuring costs associated with a business combination.</text>
</paragraph></section><appropriations-small id="H63A615A0E4944FB085AF61A0B17F5E46"><header>(including transfer of
funds)</header>
</appropriations-small><section id="H7B4919A6BB654D428C676238720780C2"><enum>8052.</enum><text display-inline="yes-display-inline">During the current fiscal year, no more
than $30,000,000 of appropriations made in this
Act under the heading <quote>Operation and Maintenance, Defense-Wide</quote>
may be transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same time period as
the appropriations to which transferred, to be used in support of such
personnel in connection with support and services for eligible organizations
and activities outside the Department of Defense pursuant to section 2012 of
title 10, United States Code.</text>
</section><section id="HE6D44A5C16B9478ABA7011F29DCE7B66"><enum>8053.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph id="HC5CEC14C12924C0D946B6BFAB42D76E0"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H5662EE21040D484A943D7D6CB40CE574"><enum>(2)</enum><text>the obligation is
not otherwise properly chargeable to any current appropriation account of the
Department of Defense; and</text>
</paragraph><paragraph id="H851FD0C4A9674FF48C4ED34BCAC41002"><enum>(3)</enum><text>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):
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>,
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.</text>
</paragraph></section><section id="H32D09BCBD8D0420BA09ED09E77DCCB89"><enum>8054.</enum><subsection commented="no" display-inline="yes-display-inline" id="HD219BD60B7D7465C9F04EF0A9C84A35A"><enum>(a)</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable basis. The Chief of the National Guard Bureau
shall establish the amount of reimbursement for such use on a case-by-case
basis.</text>
</subsection><subsection changed="deleted" id="H67FE2D058A94409198ADDDC1A360A686" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">Amounts collected under subsection (a)
shall be credited to funds available for the National Guard Distance Learning
Project and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall be available
for such purposes without fiscal year limitation.</text>
</subsection></section><section id="H9E96685DC6584B86902F3C4C5AB48586"><enum>8055.</enum><text display-inline="yes-display-inline">Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a determination under
section 2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the Kaiserslautern
Military Community in the Federal Republic of Germany:
<proviso><italic>Provided</italic></proviso>, That in the City of
Kaiserslautern such agreements will include the use of United States anthracite
as the base load energy for municipal district heat to the United States
Defense installations:
<proviso><italic>Provided further</italic></proviso>,
That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services, if
provisions are included for the consideration of United States coal as an
energy source.</text>
</section><section id="HBD77850974544A53A4F7E362E031FADD"><enum>8056.</enum><text display-inline="yes-display-inline">None of the funds appropriated in title IV
of this Act may be used to procure end-items for delivery to military forces
for operational training, operational use or inventory requirements:
<proviso><italic>Provided</italic></proviso>, That this restriction
does not apply to end-items used in development, prototyping, and test
activities preceding and leading to acceptance for operational use:
<proviso><italic>Provided further</italic></proviso>,
That this restriction does not apply to programs funded within the National
Intelligence Program:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that it is in the national security interest
to do so.</text>
</section><section id="HF77576121F794A9196F4C09A27DB7150"><enum>8057.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to approve or license the sale of the F–22A advanced tactical
fighter to any foreign government.</text>
</section><section id="H2E24FD0ED4FC4FC187F17D1355B24267"><enum>8058.</enum><subsection commented="no" display-inline="yes-display-inline" id="H85EFE8E2750549F797C26575EED86282"><enum>(a)</enum><text display-inline="yes-display-inline">The Secretary of Defense may, on a
case-by-case basis, waive with respect to a foreign country each limitation on
the procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect to
that country would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would invalidate reciprocal
trade agreements for the procurement of defense items entered into under
section 2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced in the United
States for that country.</text>
</subsection><subsection changed="deleted" id="H9609EE7C0B8346C3B581011CA191B495" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">Subsection (a) applies with respect
to—</text>
<paragraph id="HD1DD08A7BAF34FC385788B71E814D6AE"><enum>(1)</enum><text display-inline="yes-display-inline">contracts and subcontracts entered into on
or after the date of the enactment of this Act; and</text>
</paragraph><paragraph id="HD3085B5AED654A328DBC8CB9385EC8D5"><enum>(2)</enum><text>options for the
procurement of items that are exercised after such date under contracts that
are entered into before such date if the option prices are adjusted for any
reason other than the application of a waiver granted under subsection
(a).</text>
</paragraph></subsection><subsection changed="deleted" id="HD94ABA3472774CB5BB42DEC875D9E9D2" reported-display-style="strikethrough"><enum>(c)</enum><text>Subsection (a)
does not apply to a limitation regarding construction of public vessels, ball
and roller bearings, food, and clothing or textile materials as defined by
section 11 (chapters 50–65) of the Harmonized Tariff Schedule and products
classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218
through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.</text>
</subsection></section><section id="HDD7A6B5EBCC14C5EA8E3DC80E648E2E5"><enum>8059.</enum><subsection commented="no" display-inline="yes-display-inline" id="HFD4C006363824A7CAE3770EF9B62E229"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds made available by this
Act may be used to support any training program involving a unit of the
security forces of a foreign country if the Secretary of Defense has received
credible information from the Department of State that the unit has committed a
gross violation of human rights, unless all necessary corrective steps have
been taken.</text>
</subsection><subsection changed="deleted" id="H5BE25DEBFFDB4B869287BF82FDA41A89" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a decision to conduct
any training program referred to in subsection (a), full consideration is given
to all credible information available to the Department of State relating to
human rights violations by foreign security forces.</text>
</subsection><subsection changed="deleted" id="H767DAA69E889454098A50F2EE839CCC9" reported-display-style="strikethrough"><enum>(c)</enum><text>The Secretary of
Defense, after consultation with the Secretary of State, may waive the
prohibition in subsection (a) if he determines that such waiver is required by
extraordinary circumstances.</text>
</subsection><subsection changed="deleted" id="HEBA4E59C8E2A4472B19EE0D155E1F80B" reported-display-style="strikethrough"><enum>(d)</enum><text>Not more than 15
days after the exercise of any waiver under subsection (c), the Secretary of
Defense shall submit a report to the congressional defense committees
describing the extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security forces
involved in the training program, and the information relating to human rights
violations that necessitates the waiver.</text>
</subsection></section><section id="HCAA84E4A182C4778AFB47949FB242A69"><enum>8060.</enum><text display-inline="yes-display-inline">None of the funds appropriated or made
available in this Act to the Department of the Navy shall be used to develop,
lease or procure the T–AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a domestically
operated entity:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet Department
of Defense requirements on a timely basis and that such an acquisition must be
made in order to acquire capability for national security purposes or there
exists a significant cost or quality difference.</text>
</section><section id="H82B19F68E59A42AD8614EF77030BC29D"><enum>8061.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or maintenance
to military family housing units of the Department of Defense, including areas
in such military family housing units that may be used for the purpose of
conducting official Department of Defense business.</text>
</section><section id="H5D922AA21D3A4D419D58B211BC92CD76"><enum>8062.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
funds appropriated in this Act under the heading <quote>Research, Development,
Test and Evaluation, Defense-Wide</quote> for any new start advanced concept
technology demonstration project or joint capability demonstration project may
only be obligated 30 days after a report, including a description of the
project, the planned acquisition and transition strategy and its estimated
annual and total cost, has been provided in writing to the congressional
defense committees:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national interest to do
so.</text>
</section><section id="HDD94E26B16BD428EBCCB59662BE773B5"><enum>8063.</enum><text display-inline="yes-display-inline">The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment of this Act, to
the House and Senate Appropriations Committees, Subcommittees on Defense on
certain matters as directed in the classified annex accompanying this
Act.</text>
</section><section id="HC799BB91A0DE40A58C7D7CEE2449AF39"><enum>8064.</enum><text display-inline="yes-display-inline">During the current fiscal year, none of the
funds available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or agency
is more than 90 days in arrears in making payment to the Department of Defense
for goods or services previously provided to such department or agency on a
reimbursable basis:
<proviso><italic>Provided</italic></proviso>, That this restriction
shall not apply if the department is authorized by law to provide support to
such department or agency on a nonreimbursable basis, and is providing the
requested support pursuant to such authority:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that it is in the national security interest
to do so.</text>
</section><section id="H69C41782EAFF440F9EA4D499B16FCAFB"><enum>8065.</enum><text display-inline="yes-display-inline">Notwithstanding section 12310(b) of title
10, United States Code, a Reserve who is a member of the National Guard serving
on full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements of the
National Ballistic Missile Defense System.</text>
</section><section id="H13A8F28A432E4A9982D987773C3F3E3B"><enum>8066.</enum><text display-inline="yes-display-inline">None of the funds provided in this Act may
be used to transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United States
military nomenclature designation of <quote>armor penetrator</quote>,
<quote>armor piercing (AP)</quote>, <quote>armor piercing incendiary
(API)</quote>, or <quote>armor-piercing incendiary-tracer (API–T)</quote>,
except to an entity performing demilitarization services for the Department of
Defense under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing projectiles are
either: (1) rendered incapable of reuse by the demilitarization process; or (2)
used to manufacture ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the Department of
State.</text>
</section><section id="H45D8C9F803A24D97A767AF67142B9590"><enum>8067.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
the Chief of the National Guard Bureau, or his designee, may waive payment of
all or part of the consideration that otherwise would be required under section
2667 of title 10, United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any organization specified in
section 508(d) of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case basis.</text>
</section><section id="HF210CF6A13744CD9A73B5D81DBFF3410"><enum>8068.</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds activity of the
Department of Defense that procures malt beverages and wine with
nonappropriated funds for resale (including such alcoholic beverages sold by
the drink) on a military installation located in the United States unless such
malt beverages and wine are procured within that State, or in the case of the
District of Columbia, within the District of Columbia, in which the military
installation is located:
<proviso><italic>Provided</italic></proviso>, That in a case in which
the military installation is located in more than one State, purchases may be
made in any State in which the installation is located:
<proviso><italic>Provided further</italic></proviso>,
That such local procurement requirements for malt beverages and wine shall
apply to all alcoholic beverages only for military installations in States
which are not contiguous with another State:
<proviso><italic>Provided further</italic></proviso>,
That alcoholic beverages other than wine and malt beverages, in contiguous
States and the District of Columbia shall be procured from the most competitive
source, price and other factors considered.</text>
</section><section id="H45F924A488E94DEC8FB4C2EB6DDE7F98"><enum>8069.</enum><text display-inline="yes-display-inline">Funds available to the Department of
Defense for the Global Positioning System during the current fiscal year may be
used to fund civil requirements associated with the satellite and ground
control segments of such system's modernization program.</text>
<appropriations-small id="HB3E701A4428E49D3976BE6B9F0F8A90F"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="HFA7A9411C5544C1C94C6B82D9505D0A4"><enum>8070.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Operation and Maintenance, Army</quote>,
$106,754,000 shall remain available until
expended:
<proviso><italic>Provided</italic></proviso>, That notwithstanding
any other provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense is authorized to enter into and carry out
contracts for the acquisition of real property, construction, personal
services, and operations related to projects carrying out the purposes of this
section:
<proviso><italic>Provided further</italic></proviso>,
That contracts entered into under the authority of this section may provide for
such indemnification as the Secretary determines to be necessary:
<proviso><italic>Provided further</italic></proviso>,
That projects authorized by this section shall comply with applicable Federal,
State, and local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.</text>
</section><section id="HF3FC7D5CEF844A82A59D9019DB708A47"><enum>8071.</enum><text display-inline="yes-display-inline">Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter under subsection
101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall
continue in effect to apply to disbursements that are made by the Department of
Defense in fiscal year 2010.</text>
</section><section id="HC9C3A60AD7DA4F26A9003C8DF75C49FA"><enum>8072.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small id="H2E3B6F6F7620452AA6458712DB079C3D"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="H9E0EF330634E419E9D623ED0D41FDCAB"><enum>8073.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Research, Development, Test and Evaluation,
Defense-Wide</quote>, $202,434,000 shall be for
the Israeli Cooperative Programs:
<proviso><italic>Provided</italic></proviso>, That of this amount,
$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:
<proviso><italic>Provided further</italic></proviso>,
That funds made available under this provision for production of missiles and
missile components may be transferred to appropriations available for the
procurement of weapons and equipment, to be merged with and to be available for
the same time period and the same purposes as the appropriation to which
transferred:
<proviso><italic>Provided further</italic></proviso>,
That the transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.</text>
<appropriations-small id="H06B919BF495E4EBDA82459910C8FA8AD"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="H0216B7DB77A2434DA688A49B34AEF7A2"><enum>8074.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Shipbuilding and Conversion, Navy</quote>,
$454,586,000 shall be available until September
30, 2010, to fund prior year shipbuilding cost increases:
<proviso><italic>Provided</italic></proviso>, That upon enactment of
this Act, the Secretary of the Navy shall transfer such funds to the following
appropriations in the amounts specified:
<proviso><italic>Provided further</italic></proviso>,
That the amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred:</text>
<list changed="deleted" level="section" list-type="none" reported-display-style="strikethrough">
<list-item>To:</list-item>
<list-item>Under the heading Shipbuilding and
Conversion, Navy, 2004/2010:</list-item>
<list-item>New SSN,
$26,906,000.</list-item>
<list-item>LPD–17 Amphibious Transport Dock
Program, $16,844,000.</list-item>
<list-item>Under the heading Shipbuilding and
Conversion, Navy, 2005/2010:</list-item>
<list-item>New SSN,
$18,702,000.</list-item>
<list-item>LPD–17 Amphibious Transport Dock
Program, $16,498,000.</list-item>
<list-item>Under the heading Shipbuilding and
Conversion, Navy, 2007/2011:</list-item>
<list-item>DD(X) Program,
$309,636,000.</list-item>
<list-item>Under the heading Shipbuilding and
Conversion, Navy, 2008/2012:</list-item>
<list-item>LPD–17 Amphibious Transport Dock
Program, $66,000,000.</list-item></list>
</section><section id="H06FACA72A9F946CFB6FB294FE004250F"><enum>8075.</enum><text display-inline="yes-display-inline">None of the funds available to the
Department of Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and operational
control of United States Navy forces assigned to the Pacific fleet:
<proviso><italic>Provided</italic></proviso>, That the command and
control relationships which existed on October 1, 2004, shall remain in force
unless changes are specifically authorized in a subsequent Act.</text>
</section><section id="H8FB813F06AA24DA9B5A36B8259155D8D"><enum>8076.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law
or regulation, the Secretary of Defense may exercise the provisions of section
7403(g) of title 38, United States Code, for occupations listed in section
7403(a)(2) of title 38, United States Code, as well as the following:</text>
<paragraph display-inline="no-display-inline" id="H7468241D275344B188E9D16101F80F4B"><enum></enum><text>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:</text>
<subparagraph id="H88F68F653FF94E858522DED1F384B1ED"><enum>(A)</enum><text>The requirements
of section 7403(g)(1)(A) of title 38, United States Code, shall apply.</text>
</subparagraph><subparagraph id="H937859DB621241379A039D8B8D692805"><enum>(B)</enum><text>The limitations of
section 7403(g)(1)(B) of title 38, United States Code, shall not apply.</text>
</subparagraph></paragraph></section><section id="H6B463A3FCAAC4BFB83EF6FDB4AC1B753"><enum>8077.</enum><text display-inline="yes-display-inline">Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2010 until the enactment of the Intelligence Authorization Act for Fiscal Year
2010.</text>
</section><section id="H01D76E71A32549E695624C7F3E0D4272"><enum>8078.</enum><text display-inline="yes-display-inline">None of the funds provided in this Act
shall be available for obligation or expenditure through a reprogramming of
funds that creates or initiates a new program, project, or activity unless such
program, project, or activity must be undertaken immediately in the interest of
national security and only after written prior notification to the
congressional defense committees.</text>
</section><section id="H5E50A0D175F0488BAC9AD036C862832A"><enum>8079.</enum><subsection commented="no" display-inline="yes-display-inline" id="HDE5B99407EA149BB9AC0DE2B2EF34D08"><enum>(a)</enum><text display-inline="yes-display-inline">In addition to the amounts provided
elsewhere in this Act, $3,000,000 is hereby
appropriated to the Department of Defense for <quote>Operation and Maintenance,
Army National Guard</quote>. 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.</text>
</subsection><subsection changed="deleted" id="H361388F8A9CC44C2A14F7C44D350FE5E" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">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).</text>
</subsection></section><section id="HEC10B6B2870E43EF8A4F6FD2EE8D411A"><enum>8080.</enum><text display-inline="yes-display-inline">The budget of the President for fiscal year
2011 submitted to the Congress pursuant to section 1105 of title 31, United
States Code, shall include separate budget justification documents for costs of
United States Armed Forces’ participation in contingency operations for the
Military Personnel accounts, the Operation and Maintenance accounts, and the
Procurement accounts:
<proviso><italic>Provided</italic></proviso>, That these documents
shall include a description of the funding requested for each contingency
operation, for each military service, to include all Active and Reserve
components, and for each appropriations account:
<proviso><italic>Provided further</italic></proviso>,
That these documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not limited to,
troop strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency:
<proviso><italic>Provided further</italic></proviso>,
That these documents shall include budget exhibits OP–5 and OP–32 (as defined
in the Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.</text>
</section><section id="H658C89EDDEAF4262AB8B12F43A67106C"><enum>8081.</enum><text display-inline="yes-display-inline">None of the funds in this Act may be used
for research, development, test, evaluation, procurement or deployment of
nuclear armed interceptors of a missile defense system.</text>
</section><section display-inline="no-display-inline" id="H1695D122054645FA8229FA5101FFC0AB"><enum>8082.</enum><text display-inline="yes-display-inline">Up to
$2,500,000 of the funds appropriated under the
heading <quote>Operation and Maintenance, Navy</quote> 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.</text>
</section><section id="HF802A225F3604228B0ECE89F298FD893"><enum>8083.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section id="H5F21CF5801504B99AA3034996B33760B"><enum>8084.</enum><text display-inline="yes-display-inline">None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish the operation of
the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC–130 Weather Reconnaissance mission below the levels
funded in this Act:
<proviso><italic>Provided</italic></proviso>, That the Air Force
shall allow the 53rd Weather Reconnaissance Squadron to perform other missions
in support of national defense requirements during the non-hurricane
season.</text>
</section><section id="H7F51486738104867B0E66F4B8AEA8B58"><enum>8085.</enum><text display-inline="yes-display-inline">None of the funds provided in this Act
shall be available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during the conduct of
authorized foreign intelligence activities:
<proviso><italic>Provided</italic></proviso>, That information
pertaining to United States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United States Constitution
as implemented through Executive Order No. 12333.</text>
</section><section id="HF1DDAB020DF24BAB962BFACB996D21F3"><enum>8086.</enum><subsection commented="no" display-inline="yes-display-inline" id="H61674C50E2DF4846A1B54F44ED7820B5"><enum>(a)</enum><text display-inline="yes-display-inline">At the time members of reserve components
of the Armed Forces are called or ordered to active duty under section 12302(a)
of title 10, United States Code, each member shall be notified in writing of
the expected period during which the member will be mobilized.</text>
</subsection><subsection changed="deleted" id="H3461CA1F2D184F76B0461280A8854719" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">The Secretary of Defense may waive the
requirements of subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national security emergency or to
meet dire operational requirements of the Armed Forces.</text>
</subsection></section><appropriations-small id="H0F4358A5874C461BA9F1C5B1510D48C7"><header>(including transfer of
funds)</header>
</appropriations-small><section id="H4F1D50D2B8B44526BA2479AD1A049AEB"><enum>8087.</enum><text display-inline="yes-display-inline">The Secretary of Defense may transfer funds
from any available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate adjustments for
any ship construction program appropriated in law:
<proviso><italic>Provided</italic></proviso>, That the Secretary may
transfer not to exceed $100,000,000 under the
authority provided by this section:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary may not transfer any funds until 30 days after the proposed
transfer has been reported to the Committees on Appropriations of the House of
Representatives and the Senate, unless a response from the Committees is
received sooner:
<proviso><italic>Provided further</italic></proviso>,
That the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.</text>
</section><section id="H17882E3F2F674DBC8254B445C50C8AE4"><enum>8088.</enum><text display-inline="yes-display-inline">For purposes of section 612 of title 41,
United States Code, any subdivision of appropriations made under the heading
<quote>Shipbuilding and Conversion, Navy</quote> that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund and
shall be considered for the same purposes as any subdivision under the heading
<quote>Shipbuilding and Conversion, Navy</quote> appropriations in the current
fiscal year or any prior fiscal year.</text>
</section><section id="HAA63AD58E99040DA979BCBCD2FB3A112"><enum>8089.</enum><subsection commented="no" display-inline="yes-display-inline" id="HF0D4AAB3E9604BFD805A87B0503EECAA"><enum>(a)</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
may be used to transfer research and development, acquisition, or other program
authority relating to current tactical unmanned aerial vehicles (TUAVs) from
the Army.</text>
</subsection><subsection changed="deleted" id="H7FD07EE5C2424572B931A3C498A77E46" reported-display-style="strikethrough"><enum>(b)</enum><text>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.</text>
</subsection></section><section id="HE6883E58A94044FBAEF6AF7872D71256"><enum>8090.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law
or regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for the
Secretary of Veterans Affairs by section 7455 of title 38, United States
Code.</text>
</section><section display-inline="no-display-inline" id="H5583F430EDBA460187E25D12920B49F3"><enum>8091.</enum><text display-inline="yes-display-inline">Up to
$15,000,000 of the funds appropriated under the
heading, <quote>Operation and Maintenance, Navy</quote> may be made available
for the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces:
<proviso><italic>Provided</italic></proviso>, That funds made
available for this purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance or combined
exercise expenses:
<proviso><italic>Provided further</italic></proviso>,
That funds may not be obligated to provide assistance to any foreign country
that is otherwise prohibited from receiving such type of assistance under any
other provision of law.</text>
</section><section id="H2A03E10EC459493D9376AF67E5FD61EE"><enum>8092.</enum><text display-inline="yes-display-inline">None of the funds appropriated by this Act
for programs of the Office of the Director of National Intelligence shall
remain available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain available
until September 30, 2011.</text>
</section><section id="HF373F74A1B694096AC426BDF1BEF04C6"><enum>8093.</enum><text display-inline="yes-display-inline">For purposes of section 1553(b) of title
31, United States Code, any subdivision of appropriations made in this Act
under the heading <quote>Shipbuilding and Conversion, Navy</quote> shall be
considered to be for the same purpose as any subdivision under the heading
<quote>Shipbuilding and Conversion, Navy</quote> appropriations in any prior
fiscal year, and the 1 percent limitation shall apply to the total amount of
the appropriation.</text>
</section><section id="HE5C2456BA9D84881834FE12325B0C392"><enum>8094.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
that not more than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite quantity
contracts with a total contract value of
$130,000,000 or higher.</text>
</section><section id="H3D372CFA412440E59FC34E8DF2D7E95D"><enum>8095.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H57E2AF080D3046A9ADC1A2D0BFB7F6AC"><enum>8096.</enum><text display-inline="yes-display-inline">The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and (2) as described
in the Department of Defense Financial Management Regulation with the
congressional budget justification books.</text>
<paragraph id="HC0018552AB5C4EF4AA82D3E3C651F937"><enum>(1)</enum><text>For procurement
programs requesting more than $20,000,000 in any
fiscal year, the P–1, Procurement Program; P–5, Cost Analysis; P–5a,
Procurement History and Planning; P–21, Production Schedule; and P–40, Budget
Item Justification.</text>
</paragraph><paragraph id="HE2D848AF8EC94E3A80E678966F259EC7"><enum>(2)</enum><text>For research,
development, test and evaluation projects requesting more than
$10,000,000 in any fiscal year, the R–1,
RDT&E Program; R–2, RDT&E Budget Item Justification; R–3, RDT&E
Project Cost Analysis; and R–4, RDT&E Program Schedule Profile.</text>
</paragraph></section><section id="HF026E0E69C7D45D0A6959A549208D411"><enum>8097.</enum><text display-inline="yes-display-inline">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):
<proviso><italic>Provided</italic></proviso>, That this limitation
shall apply only to funds made available in this Act for basic research.</text>
</section><section id="H438F9A69BB284EFAAA9C4784ABBA8DB3"><enum>8098.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HD61F38ED7F7C40CA8CEBB35A0A33EA18"><enum>8099.</enum><subsection commented="no" display-inline="yes-display-inline" id="HBEDF9895165C43BAA4CB6EE5D5467B07"><enum>(a)</enum><text display-inline="yes-display-inline">Not later than 60 days after enactment of
this Act, the Office of the Director of National Intelligence shall submit a
report to the congressional intelligence committees to establish the baseline
for application of reprogramming and transfer authorities for fiscal year 2010:
<proviso><italic>Provided</italic></proviso>, That the report shall
include—</text>
<paragraph changed="deleted" id="H3F7B25E1AFD445F5AB8A7F5CF408A043" reported-display-style="strikethrough"><enum>(1)</enum><text>a table for each
appropriation with a separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;</text>
</paragraph><paragraph changed="deleted" id="H173F2D098076489B8DAABA7357F9544F" reported-display-style="strikethrough"><enum>(2)</enum><text>a delineation in
the table for each appropriation by Expenditure Center and project; and</text>
</paragraph><paragraph changed="deleted" id="H9664A11D8060465281216BF024FDC12D" reported-display-style="strikethrough"><enum>(3)</enum><text>an identification
of items of special congressional interest.</text>
</paragraph></subsection><subsection changed="deleted" id="H927741AB2BB946D3B3C69044FBA55542" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">None of the funds provided for the National
Intelligence Program in this Act shall be available for reprogramming or
transfer until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of National
Intelligence certifies in writing to the congressional intelligence committees
that such reprogramming or transfer is necessary as an emergency
requirement.</text>
</subsection></section><section id="HC6BB5FDD4D494AF4AF5076AE9A37F5F6"><enum>8100.</enum><text display-inline="yes-display-inline">The Director of National Intelligence shall
submit to Congress each year, at or about the time that the President's budget
is submitted to Congress that year under section 1105(a) of title 31, United
States Code, a future-years intelligence program (including associated annexes)
reflecting the estimated expenditures and proposed appropriations included in
that budget. Any such future-years intelligence program shall cover the fiscal
year with respect to which the budget is submitted and at least the four
succeeding fiscal years.</text>
</section><section id="H6F8E0317B4234DF6AB97B8490013D716"><enum>8101.</enum><text display-inline="yes-display-inline">For the purposes of this Act, the term
<quote>congressional intelligence committees</quote> means the Permanent Select
Committee on Intelligence of the House of Representatives, the Select Committee
on Intelligence of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the Subcommittee on Defense
of the Committee on Appropriations of the Senate.</text>
</section><section id="HD3BFF7D4142C4F00A9F6B16A82854011"><enum>8102.</enum><text display-inline="yes-display-inline">The Department of Defense shall continue to
report incremental contingency operations costs for Operation Iraqi Freedom and
Operation Enduring Freedom on a monthly basis in the Cost of War Execution
Report as prescribed in the Department of Defense Financial Management
Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23
<quote>Contingency Operations</quote>, Annex 1, dated September 2005.</text>
<appropriations-small id="HB98B95107BE742CD9463FAA604A48492"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="H6C2766B657A74AD9A860E092AB5431FC"><enum>8103.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA1DEC1453D6343BAB9F353BC48114CA8"><enum>(a)</enum><header>Continuation of
Stop-Loss Special Pay</header><text display-inline="yes-display-inline">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
<quote>stop-loss authority</quote>) 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.</text>
</subsection><subsection changed="deleted" id="H0DDDE780F53543699CEB1B97FB5C2C5D" reported-display-style="strikethrough"><enum>(b)</enum><header>Special Pay
Amount</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="deleted" id="H5C427B3844E44F4CAFEFBCBC567F95DC" reported-display-style="strikethrough"><enum>(c)</enum><header>Treatment of
Deceased Members</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="deleted" id="HCFDCDC4B83A6495B954B700732AE4A4F" reported-display-style="strikethrough"><enum>(d)</enum><header>Clarification of
Retroactive Stop-Loss Special Pay Authority</header><text display-inline="yes-display-inline">Section 310 of the Supplemental
Appropriations Act, 2009 (Public Law 111–32) is amended by adding at the end
the following new subsection:</text>
<quoted-block changed="deleted" id="H2E0EA46EFCEE4DC6A150A406A529BF95" reported-display-style="strikethrough">
<subsection id="H7ED237F9D0684953918870A544ED3763"><enum>(i)</enum><header>Effect of
Subsequent Reenlistment of Voluntary Extension of Service</header><text display-inline="yes-display-inline">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—</text>
<paragraph id="H94777B8538894D7097661B7ED6C62026"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="H7499EEA9C1C9417FBC74AA03381076BF"><enum>(2)</enum><text display-inline="yes-display-inline">received a bonus for such reenlistment or
extension of
service.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="H56BCAEC1BB0340BFAE6778A93EB5FEFD"><enum>8104.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="H3FEA66D8ECE74862AA8C8F41FC7F08FD"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="HF3B58DF1DA8F410891998CEE86BFE11F"><enum>8105.</enum><text display-inline="yes-display-inline">During the current fiscal year, not to
exceed $12,000,000 from each of the
appropriations made in title II of this Act for <quote>Operation and
Maintenance, Army</quote>, <quote>Operation and Maintenance, Navy</quote>, and
<quote>Operation and Maintenance, Air Force</quote> may be transferred by the
military department concerned to its central fund established for Fisher Houses
and Suites pursuant to section 2493(d) of title 10, United States Code.</text>
<appropriations-small id="HA18FA4A1CE4742FBB178DB5ADDF08352"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="HDB5BEE110AB046E880F8A0DF1C756610"><enum>8106.</enum><text display-inline="yes-display-inline">Of the funds appropriated in the
Intelligence Community Management Account for the Program Manager for the
Information Sharing Environment, $24,000,000 is
available for transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide information sharing
activities:
<proviso><italic>Provided</italic></proviso>, That 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:
<proviso><italic>Provided further</italic></proviso>,
That the Office of Management and Budget must approve any transfers made under
this provision.</text>
</section><section id="H4A826254BB0440F08F7E259FDE0CA633"><enum>8107.</enum><subsection commented="no" display-inline="yes-display-inline" id="H3F0DA850545B4E078BAA3CCD3E567F23"><enum>(a)</enum><text display-inline="yes-display-inline">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—</text>
<paragraph changed="deleted" id="H1CB6E44D74A14E9D9AC9E115270CF46D" reported-display-style="strikethrough"><enum>(1)</enum><text display-inline="yes-display-inline">creates or initiates a new program, project
or activity;</text>
</paragraph><paragraph changed="deleted" id="HD9D07D2D93F04C72BF1549C6AAA22C46" reported-display-style="strikethrough"><enum>(2)</enum><text display-inline="yes-display-inline">eliminates a program, project or
activity;</text>
</paragraph><paragraph changed="deleted" id="HD8619445830F43B0A0C014DD5B2EFD7B" reported-display-style="strikethrough"><enum>(3)</enum><text display-inline="yes-display-inline">augments funds for existing projects in
excess of 10 percent or more; or</text>
</paragraph><paragraph changed="deleted" id="H2D93AA1F2C5C492C9AC80AB262AAF039" reported-display-style="strikethrough"><enum>(4)</enum><text>reduces by 10
percent or more funding or personnel for a project.</text>
</paragraph></subsection><subsection changed="deleted" id="H9DF9A9B71AC24D2FB28D63DFAB27E95F" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="H0640B0B9B97F4797BE4D1DBDF7F5D2CD"><enum>8108.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="HEC7815D884AB4C6A91FBECB9C8CF9784"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="H90D714DDD3764BAFA0C309E4126C160B"><enum>8109.</enum><text display-inline="yes-display-inline">During the current fiscal year, the
Secretary of Defense may transfer to the appropriation <quote>Foreign Currency
Fluctuations, Defense</quote> 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:
<proviso><italic>Provided, </italic></proviso>That the amount in the
appropriation <quote>Foreign Currency Fluctuations, Defense</quote> may not
exceed the amount specified in subsection 2779(d) of title 10, United States
Code, as a result of the transfer:
<proviso><italic>Provided further,</italic></proviso>
That the transfer authority provided by this section is in addition to any
other transfer authority contained in this Act.</text>
</section><section id="HBD5AA623EAAA4ABC8939CB9575DAC592"><enum>8110.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="HD19C0122C40D4B398259D7D48C46CFB4"><enum>8111.</enum><subsection commented="no" display-inline="yes-display-inline" id="HA97C249C03DC4565829D4B11B82E7FFF"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="HECFF8657AEDC4318B6ADA11C857C266E"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph changed="deleted" id="HD1DE6997EA284AEE9D3DBDF228B637CF" indent="up1" reported-display-style="strikethrough"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="deleted" id="H90F034DAABB44B8CB6AD42FA6BE9DEB1" reported-display-style="strikethrough"><enum>(b)</enum><text>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:</text>
<paragraph id="HC8C4E3DDEB2341C6B05FDD7B62C58611"><enum>(1)</enum><text>Business process
reengineering.</text>
</paragraph><paragraph id="H197DF609BCD34077B1435E6A0E5AED2B"><enum>(2)</enum><text>An analysis of
alternatives and an economic analysis that includes a calculation of the return
on investment.</text>
</paragraph><paragraph id="H9D6EA495EB8A4D88B913C3EA94E69EA6"><enum>(3)</enum><text>Assurance the
system is compatible with the enterprise-wide business architecture.</text>
</paragraph><paragraph id="HA045B2EEE4D84341BF03106F1B1FDD04"><enum>(4)</enum><text>Performance
measures.</text>
</paragraph><paragraph id="H2DE96220DCE34D9E9A6191945CBFA485"><enum>(5)</enum><text>An information
assurance strategy consistent with the Chief Information Officer of the
Intelligence Community.</text>
</paragraph></subsection><subsection changed="deleted" id="HBD4C7393680D4BDC9F8E211DD6360277" reported-display-style="strikethrough"><enum>(c)</enum><text>This section shall
not apply to any programmatic or analytic systems or programmatic or analytic
system improvements.</text>
</subsection></section><appropriations-small id="HB52A7297A7B44C9083461E33198CF1A7"><header>(including transfer of
funds)</header>
</appropriations-small><section id="H8FBA106DB1814E478A1EF5970EA36496"><enum>8112.</enum><subsection commented="no" display-inline="yes-display-inline" id="H4AFB125C3F1A4B90B86B2C8DC3396566"><enum>(a)</enum><text display-inline="yes-display-inline">In addition to funds made available
elsewhere in this Act, there is hereby appropriated
$439,615,000 to remain available until
transferred:
<proviso><italic>Provided</italic></proviso>, That these funds are
appropriated to the <quote>Tanker Replacement Transfer Fund</quote> (referred
to as <quote>the Fund</quote> elsewhere in this section):
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of the Air Force may transfer amounts in the Fund to
<quote>Operation and Maintenance, Air Force</quote>, <quote>Aircraft
Procurement, Air Force</quote>, and <quote>Research, Development, Test and
Evaluation, Air Force</quote>, only for the purposes of proceeding with a
tanker acquisition program:
<proviso><italic>Provided further</italic></proviso>,
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:
<proviso><italic>Provided further</italic></proviso>,
That this transfer authority is in addition to any other transfer authority
available to the Department of Defense:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of 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:
<proviso><italic>Provided further</italic></proviso>,
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.</text>
</subsection><subsection changed="deleted" id="H33B5FB387C614C1596D5BC0BCE0385A5" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="HBB2C67E936A6459E9CD3B1FAB8D3E9F6"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H50C55F9C2BDF4E35828C35D47A0A085B"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection changed="deleted" id="H04B9A22A43C5438B927805C5EF4E977F" reported-display-style="strikethrough"><enum>(c)</enum><text>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.</text>
</subsection></section><section id="H523E70CF7BEF4F9B9AC397A0AA1DB2A1"><enum>8113.</enum><subsection commented="no" display-inline="yes-display-inline" id="H12720090887844479D6BEBF491C35F7E"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="deleted" id="H3D37D2408ECA41759ABE1002C5F84D29" reported-display-style="strikethrough"><enum>(b)</enum><header>Benefits</header><text display-inline="yes-display-inline">The benefits authorized under this section
are the following:</text>
<paragraph id="H69D231103DC04D9EA5E06DB9B1BB9793"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H7A67494BD0DB49099F6773F016E6C55A"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection changed="deleted" id="H68799E20FDD84D24A40EBC9252C6C1DF" reported-display-style="strikethrough"><enum>(c)</enum><header>Exclusion of
Certain Former Members</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="deleted" id="H2C2CD09AC0444FE3B735E86DE2EF9AE5" reported-display-style="strikethrough"><enum>(d)</enum><header>Maximum Number
of Days of Benefits</header><text display-inline="yes-display-inline">Not more
than 40 days of benefits may be provided to a member or former member of the
Armed Forces under this section.</text>
</subsection><subsection changed="deleted" id="H058DA83B75304DCFA27852A3215AC3DB" reported-display-style="strikethrough"><enum>(e)</enum><header>Form of
Payment</header><text display-inline="yes-display-inline">The paid benefits
authorized under this section may be paid in a lump sum or installments, at the
election of the Secretary concerned.</text>
</subsection><subsection changed="deleted" id="HAD97EACE282D4C9C9C263309A59FF6FF" reported-display-style="strikethrough"><enum>(f)</enum><header>Construction
With Other Pay and Leave</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="deleted" id="H426654D119F0411CAF845EB12DAF127C" reported-display-style="strikethrough"><enum>(g)</enum><header>Definitions</header><text display-inline="yes-display-inline">In this section:</text>
<paragraph id="HCA77C40B65F9472EA43C58FFB15E20CE"><enum>(1)</enum><text display-inline="yes-display-inline">The term
<quote>Post-Deployment/Mobilization Respite Absence program</quote> 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.</text>
</paragraph><paragraph id="H6760617B824B4247A6F2F49628BD95CA"><enum>(2)</enum><text display-inline="yes-display-inline">The term <quote>Secretary concerned</quote>
has the meaning given that term in section 101(5) of title 37, United States
Code.</text>
</paragraph></subsection><subsection changed="deleted" id="H7C8C40650D964A46A56EE352DC0FF8E0" reported-display-style="strikethrough"><enum>(h)</enum><header>Termination</header>
<paragraph display-inline="no-display-inline" id="HF9396CE3252F46B0AEA4CD9E02F40E1F"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="HE9AB77A524FC4A7797624EE63A9E1517"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection></section><section id="H107B92B9CC934B239FA7F937E52BBA13"><enum>8114.</enum><subsection commented="no" display-inline="yes-display-inline" id="H82AFA378EBB240CFBB14039C27127512"><enum>(a)</enum><header>Resettlement Support
and other Public Benefits for Certain Iraqi Refugees</header><text display-inline="yes-display-inline">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 <quote>for a period not to exceed eight
months</quote> and inserting <quote>to the same extent, and for the same
periods of time, as such refugees</quote>.</text>
</subsection><subsection changed="deleted" id="H1F6E6F16E1FB49BB8975BF2EEAB90833" reported-display-style="strikethrough"><enum>(b)</enum><header>Resettlement
Support and other Public Benefits for Certain Afghan Allies</header><text display-inline="yes-display-inline">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 <quote>for a period not to exceed 8 months</quote>
and inserting <quote>to the same extent, and for the same periods of time, as
such refugees</quote>.</text>
</subsection></section><section id="H9006E3471F314D459EEA09EF16C86F2B"><enum>8115.</enum><subsection commented="no" display-inline="yes-display-inline" id="HBB7D20DF3C044490B8E9614FE0DBE6B5"><enum>(a)</enum><text display-inline="yes-display-inline">With respect to the list of specific
programs, projects and activities contained in the tables entitled
<quote>Explanation of Project Level Adjustments</quote> 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.</text>
</subsection><subsection changed="deleted" id="H7E3F231088F644AD969F3DDE8E5B9A54" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection></section><section id="HAEDC007345D7466599F474B8273E75D6"><enum>8116.</enum><text display-inline="yes-display-inline">The amounts appropriated in title II of
this Act are hereby reduced from the specified accounts in the specified
amounts:</text>
<list changed="deleted" level="subsection" list-type="none" reported-display-style="strikethrough">
<list-item><quote>Operation and Maintenance,
Navy</quote>, $192,000,000.</list-item>
<list-item><quote>Operation and Maintenance,
Marine Corps</quote>,
$28,000,000.</list-item>
<list-item><quote>Operation and Maintenance,
Air Force</quote>,
$188,000,000.</list-item>
<list-item><quote>Operation and Maintenance,
Defense-Wide</quote>,
$142,000,000.</list-item></list>
</section><section id="H1485CAC2C4FE493D8B2377C817140107"><enum>8117.</enum><text display-inline="yes-display-inline">In carrying out Congressionally Directed
Medical Research programs related to breast cancer research, the Secretary of
Defense shall ensure the following:</text>
<paragraph id="H5A09B888D3514DF1AC6497FACA2133FC"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="HC872634E34AE4A2AA2BBF1E7B76D64F7"><enum>(2)</enum><text>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.</text>
</paragraph></section><section id="H74D1F1AFA4004DABA3F267F55FCC4143"><enum>8118.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H3238FD6C879C49E3A40B956BB08EB774"><enum>8119.</enum><subsection commented="no" display-inline="yes-display-inline" id="HE7BF5D6BDED34D2898422B75808EDC4B"><enum>(a)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection changed="deleted" id="HC8508864F1AA4DBD85095EEF6C59908D" reported-display-style="strikethrough"><enum>(b)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="deleted" id="H0F7B56E07F4E4001A6C1036EDA6472B0" reported-display-style="strikethrough"><enum>(c)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="H3D7EE4E83CC54C7ABB1CFFDB62F870BF"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H037235C3A2C440FE91667B5506549262"><enum>(2)</enum><text display-inline="yes-display-inline">The costs associated with not transferring
the individual in question.</text>
</paragraph><paragraph id="H12E2498371864BF3A0C99688B05893CE"><enum>(3)</enum><text display-inline="yes-display-inline">The legal rationale and associated court
demands for transfer.</text>
</paragraph><paragraph id="H2AC0A5FCD2604874A12ADECBCA81884B"><enum>(4)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="HAB199097AE3445A4984660221D7B2DF7"><enum>(5)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection changed="deleted" id="H6BB57DD9FDE84E95AB7F0FBE345C9721" reported-display-style="strikethrough"><enum>(d)</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="H1A096628E02A4A4DB4327EFE5982F3F3"><enum>(1)</enum><text display-inline="yes-display-inline">The name of any individual to be
transferred or released and the country to which such individual is to be
transferred or released.</text>
</paragraph><paragraph id="HD3488C3508DE4596801166EC42862405"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H9F43F5744B18411DA84203D9A63DE285"><enum>(3)</enum><text display-inline="yes-display-inline">The terms of any agreement with another
country for acceptance of such individual, including the amount of any
financial assistance related to such agreement.</text>
</paragraph></subsection></section><section display-inline="no-display-inline" id="H644BF7E154C049B5A73346721041EACD" section-type="subsequent-section"><enum>8120.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available in this Act may be used for advance procurement of the F–22
aircraft:
<proviso><italic>Provided,</italic></proviso> That
$368,800,000 of the funds made available in
title III under the heading <quote>Aircraft Procurement, Air Force</quote> may
be available for the following programs in the following amounts:</text>
<paragraph id="HF086664508C74736A46EE91A18034FCF"><enum>(1)</enum><text>$64,000,000
for production line shut down activities for the F–22.</text>
</paragraph><paragraph id="H79863FE8DA054123AA0F0FB5B319D23B"><enum>(2)</enum><text>$138,800,000
for spare engines for F–22 and C–17 aircraft.</text>
</paragraph><paragraph id="HB42ECED720AA4C66B0D7EF6338F5582C"><enum>(3)</enum><text>$79,000,000
for LAIRCM kits for the Air National Guard.</text>
</paragraph><paragraph id="H1088650567264966BE34914770421D49"><enum>(4)</enum><text>$37,000,000
for advanced targeting pods.</text>
</paragraph><paragraph id="HDBBD5651F88940E4A968AC949889F49B"><enum>(5)</enum><text>$50,000,000
for advanced radar development.</text>
</paragraph></section><section display-inline="no-display-inline" id="H15423DBC06CC4477881B8B2B8BEC3809" section-type="subsequent-section"><enum>8121.</enum><text display-inline="yes-display-inline">The amount appropriated in title VI under
the heading <quote>Defense Health Program</quote> 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.</text>
</section><section id="H4E8BB1C5B90D4DC28BF9FD10D7C6E902"><enum>8122.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H7A236457A3154189B64EC800141627DB"><enum>8123.</enum><text display-inline="yes-display-inline">The amounts otherwise provided by this Act
are revised by reducing the amount made available under title II under the
heading <quote>Operation and Maintenance, Air Force</quote>, and increasing the
amount available under title VI under the heading <quote>Chemical Agents and
Munitions Destruction, Defense</quote>, by
$50,000,000.</text>
</section><section id="H4AC303D54A58485D87F3B308B1AD7C73"><enum>8124.</enum><text display-inline="yes-display-inline">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.</text>
</section><enum>IX</enum><header display-inline="no-display-inline">OVERSEAS DEPLOYMENTS AND OTHER
ACTIVITIES</header>
<appropriations-major id="H1C5C49E5890B48F78C8142BDB57E6B69"><header>military
personnel</header>
</appropriations-major><appropriations-intermediate id="HAB54DFCB602747E8908CA42FE875B642"><header>Military personnel,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Personnel, Army</quote>,
$10,492,723,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HA80845939FDD45F1BFE5E36F9134285D"><header>Military personnel,
navy</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Personnel, Navy</quote>,
$1,622,717,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H09626945741F4F77823ADF9359932F4A"><header>Military personnel, marine
corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Personnel, Marine Corps</quote>,
$997,470,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H24DBCE248FFB420D892FCD236C05C716"><header>Military personnel, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Personnel, Air Force</quote>,
$1,855,337,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HC2D70B24522140ABB5CC93A139BD8D31"><header>Reserve personnel,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Reserve Personnel, Army</quote>,
$302,637,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H656C79849C1B4E68A96C9D17ABB1D836"><header>Reserve personnel,
navy</header><text display-inline="no-display-inline">For an additional amount
for <quote>Reserve Personnel, Navy</quote>,
$39,040,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H5E3D8845C96643818A1090D09625C487"><header>Reserve personnel, marine
corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Reserve Personnel, Marine Corps</quote>,
$31,337,000:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HACAE747C581144998223FC664496101C"><header>Reserve personnel, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Reserve Personnel, Air Force</quote>,
$24,822,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HF545C05667794F119821595425FAD6AA"><header>National guard personnel,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>National Guard Personnel, Army</quote>,
$839,966,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HFB043BB2414E490D8D80DFB097B509D9"><header>National guard personnel, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>National Guard Personnel, Air Force</quote>,
$18,500,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major id="HAA732D49456A412EA6DF7EA77DACCEEC"><header>Operation and
maintenance</header>
</appropriations-major><appropriations-intermediate id="HE1BDF8B18B7C45909D961EDB77250E63"><header>Operation and maintenance,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Army</quote>,
$41,836,029,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H08FEE174C143401590632DC975122F87"><header>Operation and maintenance,
navy</header>
</appropriations-intermediate><appropriations-small id="HF48BDE4E2FEF4CAFAFC83C54F9F0DE64"><text display-inline="no-display-inline">For an additional amount for
<quote>Operation and Maintenance, Navy</quote>,
$4,975,665,000:
<proviso><italic>Provided,</italic></proviso> That up to
$241,503,000 of the amount under this heading
shall be transferred to the Coast Guard <quote>Operating Expenses</quote>
account:
<proviso><italic>Provided further,</italic></proviso> 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.</text>
</appropriations-small><appropriations-intermediate id="H67677001DDD643DAA77E8E925DCF3624"><header>Operation and maintenance,
marine corps</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Marine Corps</quote>,
$2,961,279,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HC5937DE64F7F40BA806B6589B874D164"><header>Operation and maintenance, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Air Force</quote>,
$7,858,895,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HA449DDCDBD1E4588B5DB799E38B67770"><header>Operation and maintenance,
defense-wide</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Defense-Wide</quote>,
$7,397,800,000, of
which:</text>
<paragraph id="HF1C87844B8024814BDD3F15BC2273975"><enum>(1)</enum><text>Not to exceed
$12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi Freedom and Operation
Enduring Freedom.</text>
</paragraph><paragraph id="HC8B39F338F7646B8A886EB3A66B6FE1F"><enum>(2)</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such reimbursement
payments may be made in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his discretion, based on
documentation determined by the Secretary of Defense to adequately account for
the support provided, and such determination is final and conclusive upon the
accounting officers of the United States, and 15 days following notification to
the appropriate congressional committees:
<proviso><italic>Provided further</italic></proviso>,
That these funds may be used for the purpose of providing specialized training
and procuring supplies and specialized equipment and providing such supplies
and loaning such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and Afghanistan, and 15
days following notification to the appropriate congressional committees:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided in this
paragraph:<proviso><italic> Provided further</italic></proviso>,
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.</text>
</paragraph></appropriations-intermediate><appropriations-intermediate id="H5A3DFF1A77F94527B1ADF993881E1EB5"><header>Operation and maintenance, army
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Army Reserve</quote>,
$163,461,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H05751BF3E5D84A8E9080129A5ED3899D"><header>Operation and maintenance, navy
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Navy Reserve</quote>,
$54,447,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H1F49BF9F4173406AB546B84F0E00ED63"><header>Operation and maintenance,
marine corps reserve</header><text display-inline="no-display-inline">For an
additional amount for <quote>Operation and Maintenance, Marine Corps
Reserve</quote>, $69,333,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HBB87923FB58B46698D525A9789A0BC43"><header>Operation and maintenance, air
force reserve</header><text display-inline="no-display-inline">For an
additional amount for <quote>Operation and Maintenance, Air Force
Reserve</quote>, $100,740,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H9C8586EDB88249FFAE13AFD80933DE4F"><header>Operation and maintenance, army
national guard</header><text display-inline="no-display-inline">For an
additional amount for <quote>Operation and Maintenance, Army National
Guard</quote>, $257,317,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H2FFB6BF8EE504F3AB125AA51CB209CB8"><header>Operation and maintenance, air
national guard</header><text display-inline="no-display-inline">For an
additional amount for <quote>Operation and Maintenance, Air National
Guard</quote>, $231,889,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H4E06CA7B5B8547F88D675BF1BC09254D"><header>Overseas contingency operations
transfer fund</header>
</appropriations-intermediate><appropriations-small id="H767E69E19A8045C19A1E31ADF05B5BBD"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary shall notify the congressional defense committees 15 days prior
to such transfer:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority available to the Department of Defense:<proviso><italic> Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H00AD6BEA22274E309F69D7EC62AAE110"><header>Afghanistan security forces
fund</header>
</appropriations-intermediate><appropriations-small id="H16D0C1F4565A4B289D6B933B81EB71E4"><text display-inline="no-display-inline">For the <quote>Afghanistan Security Forces
Fund</quote>, $7,462,769,000, to remain
available until September 30, 2011:
<proviso><italic>Provided</italic></proviso>, That such funds shall be
available to the Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Commander, Combined Security Transition
Command-Afghanistan, or the Secretary's designee, to provide assistance, with
the concurrence of the Secretary of State, to the security forces of
Afghanistan, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, and construction, and
funding:
<proviso><italic>Provided further</italic></proviso>, That
the authority to provide assistance under this heading is in addition to any
other authority to provide assistance to foreign nations:
<proviso><italic>Provided further</italic></proviso>, That
contributions of funds for the purposes provided herein from any person,
foreign government, or international organization may be credited to this Fund
and used for such purposes:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense shall notify the congressional defense committees in
writing upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and the specific use
of such contributions:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense shall, not fewer than 15 days prior to obligating from
this appropriation account, notify the congressional defense committees in
writing of the details of any such obligation:<proviso><italic>
Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-major id="H4A279CE2D1574D2B9AD74BAF38BE4D96"><header>procurement</header>
</appropriations-major><appropriations-intermediate id="H55BC2D78EA904703BA077508AAD1CA3F"><header>Aircraft procurement,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Army</quote>,
$1,636,229,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H0F9F8D970A194151858675D9B9C3C482"><header>Missile procurement,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Missile Procurement, Army</quote>,
$469,470,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H84EC1048C6C8481880E017FBA5B73CAE"><header>Procurement of weapons and
tracked combat vehicles, army</header><text display-inline="no-display-inline">For an additional amount for
<quote>Procurement of Weapons and Tracked Combat Vehicles, Army</quote>,
$1,219,466,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HD4762DDD190D47C0AB2608974FCC015C"><header>Procurement of ammunition,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement of Ammunition, Army</quote>,
$370,635,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HD0675ADC0FDB424DB6154A6E02FA0681"><header>Other procurement,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Other Procurement, Army</quote>,
$5,635,306,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H55E6005CCE4E4A0C957307498A2172B0"><header>Aircraft procurement,
navy</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Navy</quote>,
$889,097,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H7EA055BBC8CE47F6A6F650A639BAF98E"><header>Weapons procurement,
navy</header><text display-inline="no-display-inline">For an additional amount
for <quote>Weapons Procurement, Navy</quote>,
$73,700,000, to remain available until September
30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H47055717AC4A4B26BC7940502C3A389D"><header>Procurement of ammunition, navy
and marine corps</header><text display-inline="no-display-inline">For an
additional amount for <quote>Procurement of Ammunition, Navy and Marine
Corps</quote>, $698,780,000, to remain available
until September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H486264EAD7E44F889BDB11738730DC9E"><header>Other procurement,
navy</header><text display-inline="no-display-inline">For an additional amount
for <quote>Other Procurement, Navy</quote>,
$260,797,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HC9E26664245F4D7AA7F3502815C28881"><header>Procurement, marine
corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement, Marine Corps</quote>,
$1,100,268,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H9DD1526CEFEC4C1BB401302427BB9A18"><header>Aircraft procurement, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Air Force</quote>,
$825,718,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H756D0A07767F4EFFAECACD6811AEA63D"><header>Missile procurement, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Missile Procurement, Air Force</quote>,
$36,625,000, to remain available until September
30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H5FC61F69AC554711A78FCFD9B9F9E7D6"><header>Procurement of ammunition, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement of Ammunition, Air Force</quote>,
$256,819,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HBA8117E195194C42B35B6BF8DB351630"><header>Other procurement, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Other Procurement, Air Force</quote>,
$2,275,238,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HE548F4D5F3FE47C5BBF1050269AAEE46"><header>Procurement,
defense-wide</header><text display-inline="no-display-inline">For an additional
amount for <quote>Procurement, Defense-Wide</quote>,
$489,980,000, to remain available until
September 30, 2012:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HCCE60F11EB88471D8EC463600E6EC119"><header>National Guard and Reserve
Equipment</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:<proviso><italic> Provided
further</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H9E10B11C65794F559A33EB38A93C456F"><header>Rapid Acquisition
Fund</header>
</appropriations-intermediate><appropriations-small id="H094B364597A04624AD174DB3085AA0ED"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense may transfer such funds to appropriations for
operation and maintenance; procurement; and research, development, test and
evaluation:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such funds
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided herein is in addition to any other transfer
authority available to the Department of Defense:<proviso><italic>
Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H21FC635EDE314033941E82A043031A5A"><header>Mine resistant ambush protected
vehicle fund</header>
</appropriations-intermediate><appropriations-small id="H2D27C69831C3421F8B773E045BB91AF7"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Mine Resistant
Ambush Protected Vehicle Fund, $3,606,000,000,
to remain available until September 30, 2011:
<proviso><italic>Provided</italic></proviso>, That such funds shall be
available to the Secretary of Defense, notwithstanding any other provision of
law, to procure, sustain, transport, and field Mine Resistant Ambush Protected
vehicles:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary shall transfer such funds only to appropriations for operation
and maintenance; procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purpose provided herein:
<proviso><italic>Provided further</italic></proviso>, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense:
<proviso><italic>Provided further</italic></proviso>, That
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:<proviso><italic>
Provided further</italic></proviso>, That the Secretary shall, not fewer than
10 days prior to making transfers from this appropriation, notify the
congressional defense committees in writing of the details of any such
transfer:<proviso><italic> Provided further</italic></proviso>,
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.</text>
</appropriations-small><appropriations-major id="H7D183853E5634EFBBD2FF22A33DEB00B"><header>Research, development, test and
evaluation</header>
</appropriations-major><appropriations-intermediate id="H9917186FBB1846FDB83A511456A3F381"><header>Research, development, test and
evaluation, army</header><text display-inline="no-display-inline">For an
additional amount for <quote>Research, Development, Test and Evaluation,
Army</quote>, $57,962,000, to remain available
until September 30, 2011:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H5F1C3E543D584138A5E80CBF6E3E7444"><header>Research, development, test and
evaluation, navy</header><text display-inline="no-display-inline">For an
additional amount for <quote>Research, Development, Test and Evaluation,
Navy</quote>, $38,280,000, to remain available
until September 30, 2011:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H8DBF1E2A96764BF5A454C9831D7028C2"><header>Research, development, test and
evaluation, air force</header><text display-inline="no-display-inline">For an
additional amount for <quote>Research, Development, Test and Evaluation, Air
Force</quote>, $29,286,000, to remain available
until September 30, 2011:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="HBFCDBB694A6345B9B9A851E9622563BF"><header>Research, development, test and
evaluation, defense-wide</header><text display-inline="no-display-inline">For
an additional amount for <quote>Research, Development, Test and Evaluation,
Defense-Wide</quote>, $115,826,000, to remain
available until September 30, 2011:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major id="H7191D9C1545F427A97B7D167615292CC"><header>revolving and management
funds</header>
</appropriations-major><appropriations-intermediate id="HA62D47B5651D4A5A9A6312FEB3B7D61D"><header>Defense working capital
funds</header><text display-inline="no-display-inline">For an additional amount
for <quote>Defense Working Capital Funds</quote>,
$412,215,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major id="HF25CCD26A21849C988C8FD4FF3E8783A"><header>other department of defense
programs</header>
</appropriations-major><appropriations-intermediate id="HCA9668E7DF71411A89C6432A196AF324"><header>Defense health
program</header><text display-inline="no-display-inline">For an additional
amount for <quote>Defense Health Program</quote>,
$1,155,235,000, which shall be for operation and
maintenance:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-intermediate id="H5FDFCD8D02384C8C9DDEA10BD9B501F8"><header>Drug interdiction and
counter-drug activities</header>
</appropriations-intermediate><appropriations-small id="H57A7576C2D594291BA7FE27552CE34BB"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For an additional
amount for <quote>Drug Interdiction and Counter-Drug Activities</quote>,
$317,603,000, to remain available until
September 30, 2011:<proviso><italic> Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H90AA02C785B94E17999D6261BE4270FA"><header>Joint improvised explosive
device defeat fund</header>
</appropriations-intermediate><appropriations-small id="H6380ABCBDD174DD6A5D36B479C14FAAE"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For an additional
amount for <quote>Joint Improvised Explosive Device Defeat Fund</quote>,
$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:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate id="H352965EDE4EB4A149C4BD7F25D3618F3"><header>Office of the inspector
general</header><text display-inline="no-display-inline">For an additional
amount for the <quote>Office of the Inspector General</quote>,
$8,876,000:<proviso><italic>
Provided</italic></proviso>, 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.</text>
</appropriations-intermediate><appropriations-major id="HFAB9611A239A4C8E907C694BC9183E98"><header>general provisions—this
title</header>
</appropriations-major><section id="HF3F15E28B36C4B69A570839E6591C38C"><enum>9001.</enum><text>Notwithstanding
any other provision of law, funds made available in this title are in addition
to amounts appropriated or otherwise made available for the Department of
Defense for fiscal year 2010.</text>
<appropriations-small id="H29EC1E5392AA4757A36F85383F9E42D9"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="HCCEC80A78D9F4C29A3753A287EE2C0F8"><enum>9002.</enum><text display-inline="yes-display-inline">Upon the determination of the Secretary of
Defense that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget, transfer up to
$3,000,000,000 between the appropriations or
funds made available to the Department of Defense in this title, with the
exception of the <quote>Overseas Contingency Operations Transfer Fund</quote>:
<proviso><italic>Provided</italic></proviso>, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to the
authority in this section:
<proviso><italic>Provided further</italic></proviso>,
That the authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and is subject to the
same terms and conditions as the authority provided in the Department of
Defense Appropriations Act, 2010:
<proviso><italic>Provided further</italic></proviso>,
That the amount in this section is designated as being for overseas deployments
and other activities pursuant to section 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year 2010.</text>
</section><section id="HBEFA2FE115AE4DEF986067B06A5F8284"><enum>9003.</enum><text display-inline="yes-display-inline">Supervision and administration costs
associated with a construction project funded with appropriations available for
operation and maintenance or the <quote>Afghanistan Security Forces
Fund</quote> provided in this Act and executed in direct support of overseas
contingency operations in Afghanistan or Iraq, may be obligated at the time a
construction contract is awarded:
<proviso><italic>Provided</italic></proviso>, That for the purpose of
this section, supervision and administration costs include all in-house
Government costs.</text>
</section><section id="H766B0309CDCB45008EFCD3E4EB948CAA"><enum>9004.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H57B761C17B3E469BB14B8D967BC05D24"><enum>9005.</enum><text display-inline="yes-display-inline">Not to exceed
$1,300,000,000 of the amount appropriated in
this title under the heading <quote>Operation and Maintenance, Army</quote> may
be used, notwithstanding any other provision of law, to fund the Commander's
Emergency Response Program, for the purpose of enabling military commanders in
Iraq and Afghanistan to respond to urgent humanitarian relief and
reconstruction requirements within their areas of responsibility:
<proviso><italic>Provided</italic></proviso>, That not later than 15
days after the end of each fiscal year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report regarding the source of
funds and the allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under any other
provision of law for the purposes described herein:
<proviso><italic>Provided further</italic></proviso>,
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.</text>
</section><section id="H1B88186285554D81BF231128A6A330BB"><enum>9006.</enum><text display-inline="yes-display-inline">Funds available to the Department of
Defense for operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation, including
airlift and sealift, and other logistical support to coalition forces
supporting military and stability operations in Iraq and Afghanistan:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense shall provide quarterly reports to the congressional defense committees
regarding support provided under this section.</text>
<appropriations-small id="H3E40A6EF153941DBA38E3378931ACF9A"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="HAF2CF2B0AC8E4DBE88D5588F8884ACD0"><enum>9007.</enum><text display-inline="yes-display-inline">During fiscal year 2010 and from funds in
the <quote>Defense Cooperation Account</quote>, 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:
<proviso><italic>Provided</italic></proviso>, That such amounts shall
be available for the same time period as the appropriation to which
transferred:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary shall report to the Congress all transfers made pursuant to
this authority:
<proviso><italic>Provided further</italic></proviso>,
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.</text>
</section><section id="H2B965FCD657A401A93BB306679401267"><enum>9008.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or expended by the
United States Government for a purpose as follows:</text>
<paragraph id="HCCCA9A8299ED4B169B86649413CEA3D2"><enum>(1)</enum><text>To establish any
military installation or base for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.</text>
</paragraph><paragraph id="H8699C4EC5F8D4F2F91423C29AAE89689"><enum>(2)</enum><text>To exercise United
States control over any oil resource of Iraq.</text>
</paragraph><paragraph id="H8F8F9EF2C5E045B1AECDD5FE59D1A36A"><enum>(3)</enum><text>To establish any
military installation or base for the purpose of providing for the permanent
stationing of United States Armed Forces in Afghanistan.</text>
</paragraph></section><section id="HFD89CAA5E9774FF7BF40CFDAC934B3DB"><enum>9009.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on
December 10, 1984):</text>
<paragraph id="H6D07412B1DE142E9B2747E190368D1FF"><enum>(1)</enum><text>Section 2340A of
title 18, United States Code.</text>
</paragraph><paragraph id="H585C21C07FD74E1EB2B7CA0949D5D753"><enum>(2)</enum><text>Section 2242 of
the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of Federal
Regulations, and part 95 of title 22, Code of Federal Regulations.</text>
</paragraph><paragraph id="HF8B4F42C7A49449F9E4B5AA5A11C6D7E"><enum>(3)</enum><text>Sections 1002 and
1003 of the Department of Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006
(Public Law 109–148).</text>
</paragraph></section><section id="HACC7750BAD6B45F7996764927CBC574A"><enum>9010.</enum><subsection commented="no" display-inline="yes-display-inline" id="H7BC990742316464AB214529A006D1A41"><enum>(a)</enum><header>Report on Iraq Troop
Drawdown Status, Goals, and Timetable</header><text display-inline="yes-display-inline">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—</text>
<paragraph changed="deleted" id="H16195CE4E3D94E68B1C96CD3F1324AAE" reported-display-style="strikethrough"><enum>(1)</enum><text display-inline="yes-display-inline">a detailed, month-by-month description of
the transition of United States military forces and equipment out of Iraq;
and</text>
</paragraph><paragraph changed="deleted" id="H53F28BB8D38E4876879F4F62C99D38FF" reported-display-style="strikethrough"><enum>(2)</enum><text>a detailed,
month-by-month description of the transition of United States contractors out
of Iraq.</text>
</paragraph></subsection><subsection changed="deleted" id="H661A42938D9D4E03A609D966859A5E0A" reported-display-style="strikethrough"><enum>(b)</enum><header>Elements of
Report</header><text display-inline="yes-display-inline">At a minimum, the
Secretary of Defense shall address the following:</text>
<paragraph id="H8626DD8BC93440AA9039C7A7854253C8"><enum>(1)</enum><text display-inline="yes-display-inline">How the Government of Iraq is assuming the
responsibility for reconciliation initiatives as the mission of the United
States Armed Forces transitions.</text>
</paragraph><paragraph id="H251D48456E61454AB2C20A09CC98A091"><enum>(2)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H974D9EA58A4A4E14AAB96BC13E6C0998"><enum>(3)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph></subsection><subsection changed="deleted" id="HDB5DF339C0154C48BBE1B46F51F9E3C8" reported-display-style="strikethrough"><enum>(c)</enum><header>Submission</header>
<paragraph id="HAA897F6E7EE54B5CA4072D573D2AB374"><enum>(1)</enum><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H8B5A124E0CAD48BBBEC613996225111E"><enum>(2)</enum><text display-inline="yes-display-inline">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).</text>
</paragraph></subsection></section><enum>X</enum><header display-inline="no-display-inline">ADDITIONAL GENERAL PROVISIONS</header>
<section id="H85199686B65D40F9B2B0CE2213064426"><enum>1001.</enum><text display-inline="yes-display-inline">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
<quote>HBOT</quote>) under the Secretary of Defense. Such report shall include
the following:</text>
<paragraph id="HE138FAA0021E40118B9067D930595AE2"><enum>(1)</enum><text>The number of
members of the Armed Forces, veterans, and civilians being treated with
HBOT.</text>
</paragraph><paragraph id="HDBD7701F8B3B4AAE8670C30C6E070D38"><enum>(2)</enum><text>The types of
conditions being treated with HBOT and the respective success rates for each
condition.</text>
</paragraph><paragraph id="H06A8F792C6D54B2FB00F8879D7B961D9"><enum>(3)</enum><text>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).</text>
</paragraph><paragraph id="HE1779A9F2F1E4803B0C342E99C3E37F8"><enum>(4)</enum><text>Any plans for
expanding the use of HBOT for treatment.</text>
</paragraph></section><section id="HB3C862924FEC434E91065E7447135AF1" section-type="undesignated-section"><text display-inline="yes-display-inline">This Act may be cited as the
<quote><short-title>Department of Defense Appropriations
Act, 2010</short-title></quote>.</text>
<continuation-text changed="not-changed" continuation-text-level="section"><added-phrase reported-display-style="italic">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:</added-phrase>
</continuation-text></section>
<enum>I</enum>
<appropriations-major id="idF5AC2260D0CC4F5394ACC2B4B9397128"><header>MILITARY
PERSONNEL</header>
</appropriations-major><appropriations-intermediate id="IDCFD032A8AF7543CEB5D4D23C3C2578A1"><header>Military personnel, army</header><text display-inline="no-display-inline">For pay, allowances, individual clothing,
subsistence, interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members
of the Army on active duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the Reserve Officers'
Training Corps; and for payments pursuant to section 156 of Public Law 97–377,
as amended (42 U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund,
$41,267,448,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id41C22F61F9654480B261AAB8DA0DEFBB"><header>Military personnel, navy</header><text display-inline="no-display-inline">For pay, allowances, individual clothing,
subsistence, interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members
of the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of Public
Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund,
$25,440,472,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id765D58E2C0434B129CFFBF7F61829173"><header>Military personnel, marine
corps</header><text display-inline="no-display-inline">For pay, allowances,
individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between permanent duty
stations, for members of the Marine Corps on active duty (except members of the
Reserve provided for elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund,
$12,883,790,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idEB97A9F7D6944DD8B655E466041E7953"><header>Military personnel, air
force</header><text display-inline="no-display-inline">For pay, allowances,
individual clothing, subsistence, interest on deposits, gratuities, permanent
change of station travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between permanent duty
stations, for members of the Air Force on active duty (except members of
reserve components provided for elsewhere), cadets, and aviation cadets; for
members of the Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
<added-phrase reported-display-style="italic"></added-phrase>$26,378,761,000<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="id6302A19684F84ABE91076186CBAA3148"><header>Reserve personnel, army</header><text display-inline="no-display-inline">For pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses for personnel of the Army Reserve on
active duty under sections 10211, 10302, and 3038 of title 10, United States
Code, or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
<added-phrase reported-display-style="italic"></added-phrase>$4,286,656,000<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="idD5375522705840C4A7CC20F1990B2414"><header>Reserve personnel, navy</header><text display-inline="no-display-inline">For pay, allowances, clothing, subsistence,
gratuities, travel, and related expenses for personnel of the Navy Reserve on
active duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of Defense Military
Retirement Fund,
$1,905,166,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id7DAF0F42E84146FD83A530ADA71EA560"><header>Reserve personnel, marine
corps</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Marine Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of Defense
Military Retirement Fund,
$611,500,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id1E8891CF01C44D3B92A7952D02BBDB35"><header>Reserve personnel, air
force</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Air Force Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or while
undergoing reserve training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement Fund,
$1,584,712,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idE3F2B65AC9294BF59FD7193688470DC7"><header>National guard personnel,
army</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Army National Guard while on duty under section 10211, 10302, or 12402
of title 10 or section 708 of title 32, United States Code, or while serving on
duty under section 12301(d) of title 10 or section 502(f) of title 32, United
States Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses authorized by
section 16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$7,535,088,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idA7869A30E8AA4C92B8D0DA7BDD05B0C1"><header>National guard personnel, air
force</header><text display-inline="no-display-inline">For pay, allowances,
clothing, subsistence, gratuities, travel, and related expenses for personnel
of the Air National Guard on duty under section 10211, 10305, or 12402 of title
10 or section 708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32, United States
Code, in connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while performing
drills or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund,
$2,923,599,000.</text>
</appropriations-intermediate><enum>II</enum>
<appropriations-major id="idA8D475F35BCE4C5D84A9FC4DE76277A1"><header>OPERATION AND
MAINTENANCE</header>
</appropriations-major><appropriations-intermediate id="id30DE45A4C0144BC5AE3285E92897446C"><header>Operation and maintenance,
army</header>
</appropriations-intermediate><appropriations-small id="idF222C508B556413C8593AEDCD5ACE0B4"><text display-inline="no-display-inline">For
expenses, not otherwise provided for, necessary for the operation and
maintenance of the Army, as authorized by law; and not to exceed
<added-phrase reported-display-style="italic"></added-phrase>$12,478,000<added-phrase reported-display-style="italic"></added-phrase> can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of the Army, and payments may be made on his certificate of necessity
for confidential military purposes,
$30,667,886,000.</text>
</appropriations-small><appropriations-intermediate id="id358852B7746F45C0ADEC1867044C2825"><header>Operation and maintenance,
navy</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of the Navy
and the Marine Corps, as authorized by law; and not to exceed
<added-phrase reported-display-style="italic"></added-phrase>$14,657,000<added-phrase reported-display-style="italic"></added-phrase> can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of the Navy, and payments may be made on his certificate of necessity
for confidential military purposes,
$34,773,497,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idC002110EAF34453591294A3339C3CF5B"><header>Operation and maintenance, marine
corps</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of the
Marine Corps, as authorized by law,
$5,435,923,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idD830BE17EECF42F89A1F2BC8BB5D6618"><header>Operation and maintenance, air
force</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of the Air
Force, as authorized by law; and not to exceed
<added-phrase reported-display-style="italic"></added-phrase>$7,699,000<added-phrase reported-display-style="italic"></added-phrase> can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes,
$33,739,447,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id28E9381936B14B15A688826AD10B1BB9"><header>Operation and maintenance,
defense-Wide</header>
</appropriations-intermediate><appropriations-small id="idAF32CDC84DD841A5918CD556A976AEB0"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance of
activities and agencies of the Department of Defense (other than the military
departments), as authorized by law,
$28,205,050,000:
<proviso><italic>Provided</italic></proviso>, That not more than
$50,000,000 may be used for the Combatant
Commander Initiative Fund authorized under section 166a of title 10, United
States Code:
<proviso><italic>Provided further</italic></proviso>, That
not to exceed <added-phrase reported-display-style="italic"></added-phrase>$36,000,000<added-phrase reported-display-style="italic"></added-phrase> can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his certificate of necessity
for confidential military purposes:
<proviso><italic>Provided further</italic></proviso>, That
of the funds provided under this heading, not less than
$29,732,000 shall be made available for the
Procurement Technical Assistance Cooperative Agreement Program, of which not
less than $3,600,000 shall be available for
centers defined in 10 U.S.C. 2411(1)(D):
<proviso><italic>Provided further</italic></proviso>, That
none of the funds appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the office of the
Secretary of a military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison office:
<proviso><italic>Provided further</italic></proviso>, That
<added-phrase reported-display-style="italic"></added-phrase>$6,667,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available until
expended, is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary to operation
and maintenance appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the same time period
as the appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
any ceiling on the investment item unit cost of items that may be purchased
with operation and maintenance funds shall not apply to the funds described in
the preceding proviso:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="id58F850E587B94E0D8DA43AF6B2EA22BE"><header>Operation and maintenance, army
reserve</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$2,582,624,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id982A02167A4A4920ACFBD39A03DAD824"><header>Operation and maintenance, navy
reserve</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$1,272,501,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idA0F14522AA9A4A1C8FB9101DC8110934"><header>Operation and maintenance, marine corps
reserve</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Marine Corps Reserve; repair
of facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$219,425,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idBBC4DDC73E5C4C6CA37E3241CC2DDBFA"><header>Operation and maintenance, air force
reserve</header><text display-inline="no-display-inline">For expenses, not
otherwise provided for, necessary for the operation and maintenance, including
training, organization, and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications,
$3,085,700,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id4FA86F60E929417791F78E4EA593BD41"><header>Operation and maintenance, army
national guard</header><text display-inline="no-display-inline">For expenses of
training, organizing, and administering the Army National Guard, including
medical and hospital treatment and related expenses in non-Federal hospitals;
maintenance, operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for Army personnel
on active duty, for Army National Guard division, regimental, and battalion
commanders while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard Bureau;
supplying and equipping the Army National Guard as authorized by law; and
expenses of repair, modification, maintenance, and issue of supplies and
equipment (including aircraft),
$5,989,034,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id304930EB8D50454DBB6A178AF58DADED"><header>Operation and maintenance, air national
guard</header><text display-inline="no-display-inline">For expenses of
training, organizing, and administering the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal hospitals;
maintenance, operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles; supplying and
equipping the Air National Guard, as authorized by law; expenses for repair,
modification, maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as authorized
by law for Air National Guard personnel on active Federal duty, for Air
National Guard commanders while inspecting units in compliance with National
Guard Bureau regulations when specifically authorized by the Chief, National
Guard Bureau,
$5,857,011,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id4293706C729F452298F7750AD578A6FF"><header>United States Court of Appeals for the
Armed Forces</header><text display-inline="no-display-inline">For salaries and
expenses necessary for the United States Court of Appeals for the Armed Forces,
<added-phrase reported-display-style="italic"></added-phrase>$13,932,000<added-phrase reported-display-style="italic"></added-phrase>, of which not to exceed
$5,000 may be used for official representation
purposes.</text>
</appropriations-intermediate><appropriations-intermediate id="id363A46ACFAF742D4B782FBC85A48D46E"><header>Environmental restoration,
army</header>
</appropriations-intermediate><appropriations-small id="id7826234F5B94411EA41EA16B4F563312"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Department of
the Army, $430,864,000, to remain available
until transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of the
Army shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="idAC4A73B2724A4DD2B5968A5898F4E84E"><header>Environmental restoration,
navy</header>
</appropriations-intermediate><appropriations-small id="idED232D1FA9154B0C93DA300C9D502B3C"><header>(including transfer of
funds)</header>
</appropriations-small><appropriations-small id="id1C9C2BD3BE654C7F8002AB12EC7DB2D6"><text display-inline="no-display-inline">For
the Department of the Navy, <added-phrase reported-display-style="italic"></added-phrase>$285,869,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available until
transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of the
Navy shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of the Navy, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="id94A4C21BA29B4190AA2796D7C550B37C"><header>Environmental restoration, air
force</header>
</appropriations-intermediate><appropriations-small id="id068148ADC619469CB2582004B95D0B46"><header>(including transfer of
funds)</header>
</appropriations-small><appropriations-small id="idF1FF9C95110B4D029A7F3BE52C8F6553"><text display-inline="no-display-inline">For
the Department of the Air Force, <added-phrase reported-display-style="italic"></added-phrase>$494,276,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available until
transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of the
Air Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste, removal
of unsafe buildings and debris of the Department of the Air Force, or for
similar purposes, transfer the funds made available by this appropriation to
other appropriations made available to the Department of the Air Force, to be
merged with and to be available for the same purposes and for the same time
period as the appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="id5AA5DA92F1CD407B9B318B4C1F399049"><header>Environmental restoration,
Defense-Wide</header>
</appropriations-intermediate><appropriations-small id="idA5ECAD02823E443F8C4A25603CA49848"><header>(including transfer of
funds)</header>
</appropriations-small><appropriations-small id="id91ECDAB836504631BD4CB8095386B88A"><text display-inline="no-display-inline">For
the Department of Defense, <added-phrase reported-display-style="italic"></added-phrase>$11,100,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available until
transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of Defense, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="id678AC343FBAC4E49A9967665BA2FE6D7"><header>Environmental restoration, formerly
used defense sites</header>
</appropriations-intermediate><appropriations-small id="id126C7759336945FCA367D03BBAD64CED"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Department of
the Army, $307,700,000, to remain available
until transferred:
<proviso><italic>Provided</italic></proviso>, That the Secretary of the
Army shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris at sites formerly used by the Department of Defense,
transfer the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority provided elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="idCE642D2BAFE644E48E559EEA555B8BB6"><header>Overseas Humanitarian, Disaster, and
Civic Aid</header>
</appropriations-intermediate><appropriations-intermediate id="idD3652BD685584A17B786BD7849E25C0B"><text display-inline="no-display-inline">For expenses relating to the Overseas
Humanitarian, Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402, 404, 407, 2557,
and 2561 of title 10, United States Code),
<added-phrase reported-display-style="italic"></added-phrase>$109,869,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available until
September 30, <added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="idBA8098CEB5084D3F9A5828BE806D1C12"><header>Cooperative Threat Reduction
Account</header>
</appropriations-intermediate><appropriations-intermediate id="id93A220E40EEB4D00B8447FFD0DE53883"><text display-inline="no-display-inline">For assistance to the republics of the
former Soviet Union and, with appropriate authorization by the Department of
Defense and Department of State, to countries outside of the former Soviet
Union, including assistance provided by contract or by grants, for facilitating
the elimination and the safe and secure transportation and storage of nuclear,
chemical and other weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weapon-related technology and
expertise; for programs relating to the training and support of defense and
military personnel for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for defense and military
contacts, <added-phrase reported-display-style="italic"></added-phrase>$424,093,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available until
September 30, 2012:
<proviso><italic>Provided</italic></proviso>, That of the amounts
provided under this heading, not less than
$15,000,000 shall be available only to support
the dismantling and disposal of nuclear submarines, submarine reactor
components, and security enhancements for transport and storage of nuclear
warheads in the Russian Far East and
North.</text>
</appropriations-intermediate><appropriations-intermediate id="id1ba87e57-a2fd-410d-910d-853d0b3153ee"><header>Department of Defense Acquisition
Workforce Development Fund</header><text display-inline="no-display-inline">For
the Department of Defense Acquisition Workforce Development Fund,
$100,000,000.</text>
</appropriations-intermediate><enum>III</enum>
<appropriations-major id="idAF8125DDAB554854B20E5712193C8362"><header>PROCUREMENT</header>
</appropriations-major><appropriations-intermediate id="ID4CB31A3A69274E5F8732C680F81C8121"><header>Aircraft procurement,
army</header><text display-inline="no-display-inline">For construction,
procurement, production, modification, and modernization of aircraft,
equipment, including ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training devices; expansion of
public and private plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$5,244,252,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id2A50992A05564364884B4B4930AC8BAF"><header>Missile procurement, army</header><text display-inline="no-display-inline">For construction, procurement, production,
modification, and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes,
$1,257,053,000, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="id79614898F36648449974F83010A17487"><header>Procurement of weapons and tracked
combat vehicles, army</header><text display-inline="no-display-inline">For
construction, procurement, production, and modification of weapons and tracked
combat vehicles, equipment, including ordnance, spare parts, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$2,310,007,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id6480E43D2A144BD18D86B7A7D4ADE581"><header>Procurement of ammunition,
army</header><text display-inline="no-display-inline">For construction,
procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$2,049,995,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id103F48A1E1A043B9BEF7319441147000"><header>Other procurement, army</header><text display-inline="no-display-inline">For construction, procurement, production,
and modification of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for replacement only;
and the purchase of eight vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but not to
exceed $250,000 per vehicle; communications and
electronic equipment; other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training devices; expansion of
public and private plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$9,395,444,000, to remain available for
obligation until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idD2C77D13C9D3438CA61BB57E674267C8"><header>Aircraft procurement,
navy</header><text display-inline="no-display-inline">For construction,
procurement, production, modification, and modernization of aircraft,
equipment, including ordnance, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants, including the
land necessary therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned equipment
layaway, $18,079,312,000, to remain available
for obligation until September 30,
<added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="id1BEDBFD35E0C4FC2958676CABCBDDBBA"><header>Weapons procurement, navy</header><text display-inline="no-display-inline">For construction, procurement, production,
modification, and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and installation
of equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$3,446,419,000, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="id8AA2E72F8E7B47C09D6A0C8EA2E0433C"><header>Procurement of ammunition, navy and
marine corps</header><text display-inline="no-display-inline">For construction,
procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$814,015,000, to remain available for obligation
until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id5241363F63F744AFAC36AEC083888520"><header>Shipbuilding and conversion,
navy</header><text display-inline="no-display-inline">For expenses necessary
for the construction, acquisition, or conversion of vessels as authorized by
law, including armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; procurement of
critical, long lead time components and designs for vessels to be constructed
or converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title, as
follows:</text><list level="appropriations-major" list-type="none">
<list-item>Carrier Replacement Program,
$739,269,000;</list-item>
<list-item>Carrier Replacement Program (AP),
$484,432,000;</list-item>
<list-item>NSSN,
$1,964,317,000;</list-item>
<list-item>NSSN
(AP), $1,959,725,000;</list-item>
<list-item>CVN
Refueling, $1,563,602,000;</list-item>
<list-item>CVN
Refuelings (AP),
$211,820,000;</list-item>
<list-item>DDG–1000 Program,
$1,393,797,000;</list-item>
<list-item>DDG–51
Destroyer, $3,650,000,000;</list-item>
<list-item>DDG–51
Destroyer (AP), $328,996,000;</list-item>
<list-item>Littoral Combat Ship,
$1,080,000,000;</list-item>
<list-item>LPD–17,
$872,392,000;</list-item>
<list-item>LPD–17
(AP), $184,555,000;</list-item>
<list-item>LHA–R
(AP), $170,000,000;</list-item>
<list-item>Intratheater Connector,
$177,956,000;</list-item>
<list-item>LCAC
Service Life Extension Program,
$63,857,000;</list-item>
<list-item>Prior
year shipbuilding costs,
$144,950,000;</list-item>
<list-item>Service Craft,
$3,694,000; and</list-item>
<list-item>For
outfitting, post delivery, conversions, and first destination transportation,
$391,238,000.</list-item></list>
<subsection id="idD608EBFCA218472FA109A2ADB7E89F09"><enum></enum><text display-inline="yes-display-inline">In
all: $15,384,600,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2014<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided</italic></proviso>, That additional
obligations may be incurred after September 30,
<added-phrase reported-display-style="italic"></added-phrase>2014<added-phrase reported-display-style="italic"></added-phrase>, for engineering services,
tests, evaluations, and other such budgeted work that must be performed in the
final stage of ship construction:
<proviso><italic>Provided further</italic></proviso>,
That none of the funds provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards in the United
States shall be expended in foreign facilities for the construction of major
components of such vessel:
<proviso><italic>Provided further</italic></proviso>,
That none of the funds provided under this heading shall be used for the
construction of any naval vessel in foreign shipyards.</text>
</subsection></appropriations-intermediate><appropriations-intermediate id="idF9F786E91641491CA1B0E64ED395FDF2"><header>Other procurement, navy</header><text display-inline="no-display-inline">For procurement, production, and
modernization of support equipment and materials not otherwise provided for,
Navy ordnance (except ordnance for new aircraft, new ships, and ships
authorized for conversion); the purchase of passenger motor vehicles for
replacement only, and the purchase of seven vehicles required for physical
security of personnel, notwithstanding price limitations applicable to
passenger vehicles but not to exceed $250,000
per vehicle; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway,
$5,499,413,000, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idDAC928FBF272432EA5D65A2384851132"><header>Procurement, marine corps</header><text display-inline="no-display-inline">For expenses necessary for the procurement,
manufacture, and modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and machine
tools, and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for replacement only;
and expansion of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$1,550,080,000, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="id1F1E9F7212CA4CB7AC80B05CA067DA4B"><header>Aircraft procurement, air
force</header><text display-inline="no-display-inline">For construction,
procurement, and modification of aircraft and equipment, including armor and
armament, specialized ground handling equipment, and training devices, spare
parts, and accessories therefor; specialized equipment; expansion of public and
private plants, Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other expenses necessary
for the foregoing purposes including rents and transportation of things,
$13,148,720,000, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="idF2897891E6F64DD79411177B71D2B483"><header>Missile procurement, air
force</header><text display-inline="no-display-inline">For construction,
procurement, and modification of missiles, spacecraft, rockets, and related
equipment, including spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants, erection of
structures, and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things,
$6,070,344,000, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="idCFCA908E08A6494CAA026EC521645A55"><header>Procurement of ammunition, air
force</header><text display-inline="no-display-inline">For construction,
procurement, production, and modification of ammunition, and accessories
therefor; specialized equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$815,246,000, to remain available for obligation
until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id3C63D589262A4390BC249F39229B6C04"><header>Other procurement, air
force</header><text display-inline="no-display-inline">For procurement and
modification of equipment (including ground guidance and electronic control
equipment, and ground electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided for; the purchase
of passenger motor vehicles for replacement only, and the purchase of two
vehicles required for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to exceed
$250,000 per vehicle; lease of passenger motor
vehicles; and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon, prior to
approval of title; reserve plant and Government and contractor-owned equipment
layaway, $17,283,800,000, to remain available
for obligation until September 30,
<added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="idE6DB0DED2FD6432E8A4022CA15A64780"><header>Procurement, defense-Wide</header><text display-inline="no-display-inline">For expenses of activities and agencies of
the Department of Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies, materials,
and spare parts therefor, not otherwise provided for; the purchase of passenger
motor vehicles for replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of structures, and
acquisition of land for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway,
$4,017,697,000, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="id564E58693C8D46468E9CACE1EBD95EC9"><header>National guard and reserve
equipment</header><text display-inline="no-display-inline">For procurement of
aircraft, missiles, tracked combat vehicles, ammunition, other weapons, and
other procurement for the reserve components of the Armed Forces,
$1,500,000,000, to remain available for
obligation until September 30, 2012:
<proviso><italic>Provided</italic></proviso>, That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days after the
enactment of this Act, individually submit to the congressional defense
committees the modernization priority assessment for their respective Reserve
or National Guard component.</text>
</appropriations-intermediate><appropriations-intermediate id="id2C439A87BDE74EC99096AB75B2048919"><header>Defense production act
purchases</header><text display-inline="no-display-inline">For activities by
the Department of Defense pursuant to sections 108, 301, 302, and 303 of the
Defense Production Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$149,746,000, to remain available until
expended.</text>
</appropriations-intermediate><enum>IV</enum>
<appropriations-major id="idD45F59802E094826A829745A57CD028C"><header>RESEARCH, DEVELOPMENT, TEST AND
EVALUATION</header>
</appropriations-major><appropriations-intermediate id="ID296DF6E7EF924A159426A29BD38E94A9"><header>Research, development, test and
evaluation, army</header><text display-inline="no-display-inline">For expenses
necessary for basic and applied scientific research, development, test and
evaluation, including maintenance, rehabilitation, lease, and operation of
facilities and equipment, $10,653,126,000, to
remain available for obligation until September 30,
<added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="id568BBB16CB1147F2ABBC316B78A2E44E"><header>Research, development, test and
evaluation, navy</header><text display-inline="no-display-inline">For expenses
necessary for basic and applied scientific research, development, test and
evaluation, including maintenance, rehabilitation, lease, and operation of
facilities and equipment, $19,148,509,000, to
remain available for obligation until September 30,
<added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided</italic></proviso>, That funds appropriated
in this paragraph which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces:
<proviso><italic>Provided further</italic></proviso>, That
funds appropriated in this paragraph shall be available for the Cobra Judy
program.</text>
</appropriations-intermediate><appropriations-intermediate id="id38F45D80F761401FB5F7CA6CD5073927"><header>Research, development, test and
evaluation, air force</header><text display-inline="no-display-inline">For
expenses necessary for basic and applied scientific research, development, test
and evaluation, including maintenance, rehabilitation, lease, and operation of
facilities and equipment, $28,049,015,000, to
remain available for obligation until September 30,
<added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="idB4888DEFB00849E8A16F03E694C571EE"><header>Research, development, test and
evaluation, Defense-Wide</header><text display-inline="no-display-inline">For
expenses of activities and agencies of the Department of Defense (other than
the military departments), necessary for basic and applied scientific research,
development, test and evaluation; advanced research projects as may be
designated and determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities and equipment,
$20,408,968,000, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2011, of which
$2,500,000 shall be available only for the
Missile Defense Agency to construct a replacement Patriot launcher pad for the
Japanese Ministry of Defense.</text>
</appropriations-intermediate><appropriations-intermediate id="id1C2B1CC4F4EB49ED8183DB385D7BABD4"><header>operational test and evaluation,
defense</header>
</appropriations-intermediate><appropriations-intermediate id="id9020FAA382AF4AE8A8EFDE1B23673232"><text display-inline="no-display-inline">For expenses, not otherwise provided for,
necessary for the independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational test and evaluation which is
conducted prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection therewith,
<added-phrase reported-display-style="italic"></added-phrase>$190,770,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><enum>V</enum>
<appropriations-major id="id5F23908620A1421AADAC6ED5008917E5"><header>REVOLVING AND MANAGEMENT
FUNDS</header>
</appropriations-major><appropriations-intermediate id="id11127E151A5D4F9CA5B60A3E9C0706D0"><header>Defense working capital
funds</header>
</appropriations-intermediate><appropriations-intermediate id="ID34182113D8A34EE4BD61D155D193CA7B"><text display-inline="no-display-inline">For the Defense Working Capital Funds,
<added-phrase reported-display-style="italic"></added-phrase>$1,455,004,000<added-phrase reported-display-style="italic"></added-phrase>.</text>
</appropriations-intermediate><appropriations-intermediate id="idBB0D6D96FF1942918BF3053B8DF8FF82"><header>National defense sealift
fund</header><text display-inline="no-display-inline">For National Defense
Sealift Fund programs, projects, and activities, and for expenses of the
National Defense Reserve Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the necessary expenses to
maintain and preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $1,242,758,000, to
remain available until expended:
<proviso><italic>Provided</italic></proviso>, That none of the funds
provided in this paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major components unless such
components are manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion system components
(engines, reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes:
<proviso><italic>Provided further</italic></proviso>, That
the exercise of an option in a contract awarded through the obligation of
previously appropriated funds shall not be considered to be the award of a new
contract:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of the military department responsible for such procurement may
waive the restrictions in the first proviso on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire capability for national
security purposes.</text>
</appropriations-intermediate><enum>VI</enum>
<appropriations-major id="id57E96A698FC24C18BD173B36CF3E31F0"><header>OTHER DEPARTMENT OF DEFENSE
PROGRAMS</header>
</appropriations-major><appropriations-intermediate id="id79AD68EFBFE24AECAB0F22E8E9EE4087"><header>Defense health
program</header>
</appropriations-intermediate><appropriations-small id="idB7F89B0A488E4A53A9096A7941E2A44C"><text display-inline="no-display-inline">For
expenses, not otherwise provided for, for medical and health care programs of
the Department of Defense as authorized by law,
$28,311,113,000; of which
$26,990,219,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available until
September 30, 2011, and of which up to
$15,093,539,000 may be available for contracts
entered into under the TRICARE program; of which
<added-phrase reported-display-style="italic"></added-phrase>$322,142,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>, shall be for procurement; and
of which $998,752,000, to remain available for
obligation until September 30, <added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>, shall be for research,
development, test and evaluation.</text>
</appropriations-small><appropriations-intermediate id="idCD020EF2B46D4B7F99F6FB81B63A11D7"><header>Chemical agents and munitions
destruction, defense</header><text display-inline="no-display-inline">For
expenses, not otherwise provided for, necessary for the destruction of the
United States stockpile of lethal chemical agents and munitions, to include
construction of facilities, in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,539,869,000, of
which $1,125,911,000<added-phrase reported-display-style="italic"></added-phrase> shall be for operation and
maintenance, of which no less than
<added-phrase reported-display-style="italic"></added-phrase>$84,839,000<added-phrase reported-display-style="italic"></added-phrase>, shall be for the Chemical
Stockpile Emergency Preparedness Program, consisting of
<added-phrase reported-display-style="italic"></added-phrase>$34,905,000<added-phrase reported-display-style="italic"></added-phrase> for activities on military
installations and <added-phrase reported-display-style="italic"></added-phrase>$49,934,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available until
September 30, <added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>, to assist State and local
governments; <added-phrase reported-display-style="italic"></added-phrase>$12,689,000<added-phrase reported-display-style="italic"></added-phrase> shall be for procurement, to
remain available until September 30,
<added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>, of which no less than
<added-phrase reported-display-style="italic"></added-phrase>$12,689,000<added-phrase reported-display-style="italic"></added-phrase> shall be for the Chemical
Stockpile Emergency Preparedness Program to assist State and local governments;
and <added-phrase reported-display-style="italic"></added-phrase>$401,269,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available until
September 30, <added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>, shall be for research,
development, test and evaluation, of which
<added-phrase reported-display-style="italic"></added-phrase>$398,669,000<added-phrase reported-display-style="italic"></added-phrase> shall only be for the Assembled
Chemical Weapons Alternatives (ACWA)
program.</text>
</appropriations-intermediate><appropriations-intermediate id="id73A2DA20C7BD42B7BB417EE76D92AF70"><header>Drug interdiction and counter-drug
activities, defense</header>
</appropriations-intermediate><appropriations-small id="id74EFDE51A3CA4DECA273BDFF959D50A0"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For drug interdiction
and counter-drug activities of the Department of Defense, for transfer to
appropriations available to the Department of Defense for military personnel of
the reserve components serving under the provisions of title 10 and title 32,
United States Code; for operation and maintenance; for procurement; and for
research, development, test and evaluation,
$1,103,086,000:
<proviso><italic>Provided</italic></proviso>, That the funds
appropriated under this heading shall be available for obligation for the same
time period and for the same purpose as the appropriation to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation:
<proviso><italic>Provided further</italic></proviso>, That
the transfer authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this
Act.</text>
</appropriations-small><appropriations-intermediate id="id0920FB86628A428EAA76C5E49D17FD97"><header>Office of the inspector
general</header><text display-inline="no-display-inline">For expenses and
activities of the Office of the Inspector General in carrying out the
provisions of the Inspector General Act of 1978, as amended,
$288,100,000, of which
$287,100,000 shall be for operation and
maintenance, of which not to exceed $700,000 is
available for emergencies and extraordinary expenses to be expended on the
approval or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which <added-phrase reported-display-style="italic"></added-phrase>$1,000,000<added-phrase reported-display-style="italic"></added-phrase>, to remain available until
September 30, <added-phrase reported-display-style="italic"></added-phrase>2012<added-phrase reported-display-style="italic"></added-phrase>, shall be for
procurement.</text>
</appropriations-intermediate><enum>VII</enum>
<appropriations-major id="id6FEDF34B56AB445D8F6ED9A749BCB78F"><header>RELATED
AGENCIES</header>
</appropriations-major><appropriations-intermediate id="ID2DA93D9E7FC143B4A1FF66936D2499DB"><header>Central intelligence agency retirement
and disability system fund</header><text display-inline="no-display-inline">For
payment to the Central Intelligence Agency Retirement and Disability System
Fund, to maintain the proper funding level for continuing the operation of the
Central Intelligence Agency Retirement and Disability System,
$290,900,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id259BFCA0DEF94D8FAFB6E9075EA2393B"><header>Intelligence community management
account</header>
</appropriations-intermediate><appropriations-small id="id4A791EE616C04E989386BFE08D05B78C"><text display-inline="no-display-inline">For
necessary expenses of the Intelligence Community Management Account,
$750,812,000.</text>
</appropriations-small><enum>VIII</enum>
<appropriations-major id="id7AA60DAF11F745959A3E5596D3A5FC9F"><header>GENERAL
PROVISIONS</header>
</appropriations-major><section id="ID599ab74a61734bd7844246088bdc6a60"><enum>8001.</enum><text>No part of any
appropriation contained in this Act shall be used for publicity or propaganda
purposes not authorized by the Congress.</text>
</section><section commented="no" id="IDaf84902b50b24e1dba2b8a2e5dc25386"><enum>8002.</enum><text>During the current
fiscal year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not apply to
personnel of the Department of Defense:
<proviso><italic>Provided</italic></proviso>, That salary increases
granted to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in excess of
the percentage increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the provisions of section
5332 of title 5, United States Code, or at a rate in excess of the percentage
increase provided by the appropriate host nation to its own employees,
whichever is higher:
<proviso><italic>Provided further</italic></proviso>,
That this section shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic missions whose pay is
set by the Department of State under the Foreign Service Act of 1980:
<proviso><italic>Provided further</italic></proviso>,
That the limitations of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of Turkey.</text>
</section><section id="IDadcc70b09a1547408adf160cf467bf82"><enum>8003.</enum><text><added-phrase reported-display-style="italic"></added-phrase>No part of any appropriation
contained in this Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.</text>
</section><section commented="no" id="IDfdfea1724ee84f4987980ede925bdcc1"><enum>8004.</enum><text>No more than 20 percent
of the appropriations in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2 months of the fiscal
year:
<proviso><italic>Provided</italic></proviso>, That this section shall
not apply to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers' Training
Corps.</text>
<appropriations-small id="id4CC5591EFA514E81A46132DF1A1D1AEF"><header>(transfer of
funds)</header><text></text>
</appropriations-small></section><section id="idFB3E437EAE224458BADBD0124BD68654"><enum>8005.</enum><text display-inline="yes-display-inline">Upon determination by the Secretary of
Defense that such action is necessary in the national interest, he may, with
the approval of the Office of Management and Budget, transfer not to exceed
<added-phrase reported-display-style="italic"></added-phrase>$4,000,000,000<added-phrase reported-display-style="italic"></added-phrase> of working capital funds of the
Department of Defense or funds made available in this Act to the Department of
Defense for military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred:
<proviso><italic>Provided</italic></proviso>, That such authority to
transfer may not be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally appropriated and in no
case where the item for which funds are requested has been denied by the
Congress:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense shall notify the Congress promptly of all
transfers made pursuant to this authority or any other authority in this Act:
<proviso><italic>Provided further</italic></proviso>,
That no part of the funds in this Act shall be available to prepare or present
a request to the Committees on Appropriations for reprogramming of funds,
unless for higher priority items, based on unforeseen military requirements,
than those for which originally appropriated and in no case where the item for
which reprogramming is requested has been denied by the Congress:
<proviso><italic>Provided further</italic></proviso>,
That a request for multiple reprogrammings of funds using authority provided in
this section must be made prior to June 30, 2010:
<proviso><italic>Provided further</italic></proviso>,
That transfers among military personnel appropriations shall not be taken into
account for purposes of the limitation on the amount of funds that may be
transferred under this section:
<proviso><italic>Provided further</italic></proviso>,
That no obligation of funds may be made pursuant to section 1206 of Public Law
109–163 (or any successor provision) unless the Secretary of Defense has
notified the congressional defense committees prior to any such
obligation.</text>
</section><section commented="no" id="ID8602f1b452d04054af8c0cea38dc443b"><enum>8006.</enum><subsection commented="no" display-inline="yes-display-inline" id="id1F68D972CAE14762AD7B5FBB97247E52"><enum>(a)</enum><text>Not later than 60 days
after enactment of this Act, the Department of Defense shall submit a report to
the congressional defense committees to establish the baseline for application
of reprogramming and transfer authorities for fiscal year 2010:
<proviso><italic>Provided</italic></proviso>, That the report shall
include—</text>
<paragraph changed="added" commented="no" id="ID6ed58ac7069c4ae9b6344652765babf9" reported-display-style="italic"><enum>(1)</enum><text>a table for each
appropriation with a separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;</text>
</paragraph><paragraph changed="added" commented="no" id="ID08362ac3b5b94496a81a20606c6080db" reported-display-style="italic"><enum>(2)</enum><text>a delineation in the
table for each appropriation both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and</text>
</paragraph><paragraph changed="added" commented="no" id="IDbbf96ec33bea405a96e2e04eb0c7b6e6" reported-display-style="italic"><enum>(3)</enum><text>an identification of
items of special congressional interest.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID927655a9a3254fe4a230ffbc3bbfdc04" reported-display-style="italic"><enum>(b)</enum><text>Notwithstanding section
8005 of this Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a) is
submitted to the congressional defense committees, unless the Secretary of
Defense certifies in writing to the congressional defense committees that such
reprogramming or transfer is necessary as an emergency requirement.</text>
</subsection></section><section commented="no" id="ID2b79b37079934c969d2fbc7af0271317"><enum>8007.</enum><text>The Secretaries of the
Air Force and the Army are authorized, using funds available under the headings
<quote>Operation and Maintenance, Air Force</quote> and <quote>Operation and
Maintenance, Army</quote>, to complete facility conversions and phased repair
projects which may include upgrades and additions to Alaskan range
infrastructure and training areas, and improved access to these ranges.</text>
<appropriations-small id="id59D16B5E64594F0DA4C4EDFD215A4F35"><header>(transfer of
funds)</header>
</appropriations-small></section><section id="ID4036b21459484385a20a082ce55ecd68"><enum>8008.</enum><text>During the current
fiscal year, cash balances in working capital funds of the Department of
Defense established pursuant to section 2208 of title 10, United States Code,
may be maintained in only such amounts as are necessary at any time for cash
disbursements to be made from such funds:
<proviso><italic>Provided</italic></proviso>, That transfers may be
made between such funds:
<proviso><italic>Provided further</italic></proviso>,
That transfers may be made between working capital funds and the <quote>Foreign
Currency Fluctuations, Defense</quote> appropriation and the <quote>Operation
and Maintenance</quote> appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be made unless the
Secretary of Defense has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working capital funds in this
Act, no obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the Secretary of
Defense has notified the Congress prior to any such obligation.</text>
</section><section commented="no" id="ID05e3358d0aa044ff97a4ba44778d4754"><enum>8009.</enum><text>Funds appropriated by
this Act may not be used to initiate a special access program without prior
notification 30 calendar days in advance to the congressional defense
committees.</text>
</section><section commented="no" id="IDae6b1655f85a46cb95b2007232a9cd5d"><enum>8010.</enum><text>None of the funds
provided in this Act shall be available to initiate: (1) a multiyear contract
that employs economic order quantity procurement in excess of
$20,000,000 in any one year of the contract or
that includes an unfunded contingent liability in excess of
$20,000,000; or (2) a contract for advance
procurement leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in
any one year, unless the congressional defense committees have been notified at
least 30 days in advance of the proposed contract award:
<proviso><italic>Provided</italic></proviso>, That no part of any
appropriation contained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance procurement is not
funded at least to the limits of the Government's liability:
<proviso><italic>Provided further</italic></proviso>,
That no part of any appropriation contained in this Act shall be available to
initiate multiyear procurement contracts for any systems or component thereof
if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in
this Act:
<proviso><italic>Provided further</italic></proviso>,
That no multiyear procurement contract can be terminated without 10-day prior
notification to the congressional defense committees:
<proviso><italic>Provided further</italic></proviso>,
That the execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an annual procurement:
<proviso><italic>Provided further</italic></proviso>,
That none of the funds provided in this Act may be used for a multiyear
contract executed after the date of the enactment of this Act unless in the
case of any such contract—</text>
<paragraph commented="no" id="IDe472245f969c425c8533544f110eb015"><enum>(1)</enum><text>the Secretary of Defense
has submitted to Congress a budget request for full funding of units to be
procured through the contract and, in the case of a contract for procurement of
aircraft, that includes, for any aircraft unit to be procured through the
contract for which procurement funds are requested in that budget request for
production beyond advance procurement activities in the fiscal year covered by
the budget, full funding of procurement of such unit in that fiscal
year;</text>
</paragraph><paragraph commented="no" id="ID2246df863e454728838a354b2d6a6eb3"><enum>(2)</enum><text>cancellation provisions
in the contract do not include consideration of recurring manufacturing costs
of the contractor associated with the production of unfunded units to be
delivered under the contract;</text>
</paragraph><paragraph commented="no" id="IDdfcaf7a50ed740d3a723c51e9f81813c"><enum>(3)</enum><text>the contract provides
that payments to the contractor under the contract shall not be made in advance
of incurred costs on funded units; and</text>
</paragraph><paragraph commented="no" id="IDb92614e70fbb455c9cd4b1145a6b18c8"><enum>(4)</enum><text>the contract does not
provide for a price adjustment based on a failure to award a follow-on
contract.</text>
</paragraph></section><section id="IDe2c7c3625fdd435abbc10a8097efa633"><enum>8011.</enum><text>Within the funds
appropriated for the operation and maintenance of the Armed Forces, funds are
hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of title 10,
United States Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States Code, and these
obligations shall be reported as required by section 401(d) of title 10, United
States Code:
<proviso><italic>Provided</italic></proviso>, That funds available
for operation and maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia, pursuant to the
Compact of Free Association as authorized by Public Law 99–239:
<proviso><italic>Provided further</italic></proviso>,
That upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize the
provision of medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from American
Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands,
the Federated States of Micronesia, Palau, and Guam.</text>
</section><section id="ID417625a251174a0b861f18cef9b04cf0"><enum>8012.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE7949711DE3E4128B64A23C9F2EB8948"><enum>(a)</enum><text>During fiscal year
<added-phrase reported-display-style="italic"></added-phrase>2010<added-phrase reported-display-style="italic"></added-phrase>, the civilian personnel of the
Department of Defense may not be managed on the basis of any end-strength, and
the management of such personnel during that fiscal year shall not be subject
to any constraint or limitation (known as an end-strength) on the number of
such personnel who may be employed on the last day of such fiscal year.</text>
</subsection><subsection changed="added" commented="no" id="IDa4fe6a07fd03484c9090664ed814cf30" reported-display-style="italic"><enum>(b)</enum><text>The fiscal year 2011
budget request for the Department of Defense as well as all justification
material and other documentation supporting the fiscal year 2011 Department of
Defense budget request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard to fiscal
year 2011.</text>
</subsection><subsection changed="added" id="ID020afab0cd784f43adfaa8c7607d255f" reported-display-style="italic"><enum>(c)</enum><text>Nothing in this section
shall be construed to apply to military (civilian) technicians.</text>
</subsection></section><section commented="no" id="ID4ac5336579724996911c1b0dbc58b9b7"><enum>8013.</enum><text>None of the funds made
available by this Act shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or appropriation matters
pending before the Congress.</text>
</section><section id="ID4a85559f791b4f19bfd6a0d1c7399fd9"><enum>8014.</enum><text>None of the funds
appropriated by this Act shall be available for the basic pay and allowances of
any member of the Army participating as a full-time student and receiving
benefits paid by the Secretary of Veterans Affairs from the Department of
Defense Education Benefits Fund when time spent as a full-time student is
credited toward completion of a service commitment:
<proviso><italic>Provided</italic></proviso>, That this section shall
not apply to those members who have reenlisted with this option prior to
October 1, 1987:
<proviso><italic>Provided further</italic></proviso>,
That this section applies only to active components of the Army.</text>
</section><section commented="no" id="IDa4a9401f58f1437081f5ad69e697bd17"><enum>8015.</enum><subsection commented="no" display-inline="yes-display-inline" id="idDCF55E0FC1BC4F51A9777217DA50743F"><enum>(a)</enum><text>None of the funds
appropriated by this Act shall be available to convert to contractor
performance an activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by more than 10
Department of Defense civilian employees unless—</text>
<paragraph changed="added" commented="no" id="IDe38c88daad1644f8865f836a925f799a" reported-display-style="italic"><enum>(1)</enum><text>the conversion is based
on the result of a public-private competition that includes a most efficient
and cost effective organization plan developed by such activity or
function;</text>
</paragraph><paragraph changed="added" commented="no" id="ID21cbc0b821ff468caa9d6daaeb5f4c46" reported-display-style="italic"><enum>(2)</enum><text>the Competitive Sourcing
Official determines that, over all performance periods stated in the
solicitation of offers for performance of the activity or function, the cost of
performance of the activity or function by a contractor would be less costly to
the Department of Defense by an amount that equals or exceeds the lesser
of—</text>
<subparagraph commented="no" id="IDfceb7dd53d5b475ca4104ba92b025e45"><enum>(A)</enum><text>10 percent of the most
efficient organization's personnel-related costs for performance of that
activity or function by Federal employees; or</text>
</subparagraph><subparagraph commented="no" id="ID71a33eeca6d244ba8c4a6a85251e2125"><enum>(B)</enum><text>$10,000,000;
and</text>
</subparagraph></paragraph><paragraph changed="added" commented="no" id="ID3a9eb52b30ad43f8b04631736a03b1ce" reported-display-style="italic"><enum>(3)</enum><text>the contractor does not
receive an advantage for a proposal that would reduce costs for the Department
of Defense by—</text>
<subparagraph commented="no" id="ID9690a6306e45408d873d9bc7fee736f1"><enum>(A)</enum><text>not making an
employer-sponsored health insurance plan available to the workers who are to be
employed in the performance of that activity or function under the contract;
or</text>
</subparagraph><subparagraph commented="no" id="ID2591aad768994ecba04dd5d464ae3129"><enum>(B)</enum><text>offering to such workers
an employer-sponsored health benefits plan that requires the employer to
contribute less towards the premium or subscription share than the amount that
is paid by the Department of Defense for health benefits for civilian employees
under chapter 89 of title 5, United States Code.</text>
</subparagraph></paragraph></subsection><subsection changed="added" commented="no" id="IDb99c7aefbe524271833a3da11e991a6f" reported-display-style="italic"><enum>(b)</enum><paragraph commented="no" display-inline="yes-display-inline" id="idECFA4C05875C4F7EBF49D83CE61B5412"><enum>(1)</enum><text>The Department of
Defense, without regard to subsection (a) of this section or subsection (a),
(b), or (c) of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or policy to the
contrary shall have full authority to enter into a contract for the performance
of any commercial or industrial type function of the Department of Defense
that—</text>
</paragraph><paragraph changed="added" commented="no" id="ID0fd08bd9f847407193d2dde5d6e89fa9" reported-display-style="italic"><enum>(A)</enum><text>is included on the
procurement list established pursuant to section 2 of the Javits-Wagner-O'Day
Act (41 U.S.C. 47);</text>
</paragraph><paragraph changed="added" commented="no" id="ID29e62622618243e0af1b541cd04e3dfe" reported-display-style="italic"><enum>(B)</enum><text>is planned to be
converted to performance by a qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely handicapped individuals in
accordance with that Act; or</text>
</paragraph><paragraph changed="added" commented="no" id="ID0f6943773eaa464bb4176bd4fd802143" reported-display-style="italic"><enum>(C)</enum><text>is planned to be
converted to performance by a qualified firm under at least 51 percent
ownership by an Indian tribe, as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a
Native Hawaiian Organization, as defined in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15)).</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID289b1496f7b040e6a29ea67bbc5e91ac" reported-display-style="italic"><enum>(2)</enum><text>This section shall not
apply to depot contracts or contracts for depot maintenance as provided in
sections 2469 and 2474 of title 10, United States Code.</text>
</subsection><subsection changed="added" commented="no" id="ID85ad6e7edbe7422eb3244eebc05e9df8" reported-display-style="italic"><enum>(c)</enum><text>The conversion of any
activity or function of the Department of Defense under the authority provided
by this section shall be credited toward any competitive or outsourcing goal,
target, or measurement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority of, and in compliance
with, subsection (h) of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.</text>
</subsection></section><appropriations-small id="id963303820D2F4F32923C168CFCF3BF98"><header>(transfer of
funds)</header>
</appropriations-small><section id="ID18e90cc916364482894d61090f984fcb"><enum>8016.</enum><text>Funds appropriated in
title III of this Act for the Department of Defense Pilot Mentor-Protege
Program may be transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege Program developmental
assistance agreement pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302
note), as amended, under the authority of this provision or any other transfer
authority contained in this Act.</text>
</section><section commented="no" id="ID36cebc022a364db89d96ec12ddffd65c"><enum>8017.</enum><text>None of the funds in
this Act may be available for the purchase by the Department of Defense (and
its departments and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain are
manufactured in the United States from components which are substantially
manufactured in the United States:
<proviso><italic>Provided</italic></proviso>, That for the purpose of
this section manufactured will include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting process):
<proviso><italic>Provided further</italic></proviso>,
That for the purpose of this section substantially all of the components of
anchor and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the components
produced or manufactured outside the United States:
<proviso><italic>Provided further</italic></proviso>,
That when adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for national security
purposes.</text>
</section><section commented="no" id="IDd66b378cfccb4cc1a38f5ef282137c06"><enum>8018.</enum><text>None of the funds
available to the Department of Defense may be used to demilitarize or dispose
of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30
caliber rifles, or M–1911 pistols.</text>
</section><section commented="no" id="IDfd6be4935ca24b27aaf625e91914c6aa"><enum>8019.</enum><text>No more than
$500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any single
relocation of an organization, unit, activity or function of the Department of
Defense into or within the National Capital Region:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying in
writing to the congressional defense committees that such a relocation is
required in the best interest of the Government.</text>
</section><section commented="no" id="ID9322a94ef3044cd9baadfa72b5e681b3"><enum>8020.</enum><text>In addition to the
funds provided elsewhere in this Act,
$15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544):
<proviso><italic>Provided</italic></proviso>, That a prime contractor
or a subcontractor at any tier that makes a subcontract award to any
subcontractor or supplier as defined in section 1544 of title 25, United States
Code, or a small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C.
1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds
appropriated by an Act making Appropriations for the Department of Defense with
respect to any fiscal year:
<proviso><italic>Provided further</italic></proviso>,
That notwithstanding section 430 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of supplies or
services, including any contract and any subcontract at any tier for
acquisition of commercial items produced or manufactured, in whole or in part
by any subcontractor or supplier defined in section 1544 of title 25, United
States Code, or a small business owned and controlled by an individual or
individuals defined under section 4221(9) of title 25, United States
Code.</text>
</section><section id="ID7b76eabdce8a459a897b5641629f6922"><enum>8021.</enum><text>Funds appropriated by
this Act for the Defense Media Activity shall not be used for any national or
international political or psychological activities.</text>
</section><section commented="no" id="IDdc155a24f11d483b843454be255a8ae7"><enum>8022.</enum><text>None of the funds
appropriated by this Act shall be available to perform any cost study pursuant
to the provisions of OMB Circular A–76 if the study being performed exceeds a
period of 24 months after initiation of such study with respect to a single
function activity or 30 months after initiation of such study for a
multi-function activity.</text>
</section><section id="ID68a621308aed4ccdbcb6e275aed36296"><enum>8023.</enum><text>During the current
fiscal year, the Department of Defense is authorized to incur obligations of
not to exceed $350,000,000 for purposes
specified in section 2350j(c) of title 10, United States Code, in anticipation
of receipt of contributions, only from the Government of Kuwait, under that
section:
<proviso><italic>Provided</italic></proviso>, That upon receipt, such
contributions from the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.</text>
</section><section commented="no" id="ID458b4303c0de403e958edb7e9c471af0"><enum>8024.</enum><subsection commented="no" display-inline="yes-display-inline" id="id39FF3ED15DD64FECA21E50E1FF79099F"><enum>(a)</enum><text>Of the funds made
available in this Act, not less than $25,756,000
shall be available for the Civil Air Patrol Corporation, of which—</text>
<paragraph changed="added" commented="no" id="IDddb5e97936bc4c0baf6d4c025faef272" reported-display-style="italic"><enum>(1)</enum><text>$22,433,000
shall be available from <quote>Operation and Maintenance, Air Force</quote> to
support Civil Air Patrol Corporation operation and maintenance, readiness,
counterdrug activities, and drug demand reduction activities involving youth
programs;</text>
</paragraph><paragraph changed="added" commented="no" id="IDdac8f01ce39a4783ba130a40ba44fc47" reported-display-style="italic"><enum>(2)</enum><text>$2,426,000
shall be available from <quote>Aircraft Procurement, Air Force</quote>;
and</text>
</paragraph><paragraph changed="added" commented="no" id="IDb0140943879b4a76acc981f70df2cd1f" reported-display-style="italic"><enum>(3)</enum><text>$897,000
shall be available from <quote>Other Procurement, Air Force</quote> for vehicle
procurement.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID259c6bc0f9df4c1287a1e1d38f712802" reported-display-style="italic"><enum>(b)</enum><text>The Secretary of the Air
Force should waive reimbursement for any funds used by the Civil Air Patrol for
counter-drug activities in support of Federal, State, and local government
agencies.</text>
</subsection></section><section id="IDa7f6d4e120284b89b62cdf1c72749aed"><enum>8025.</enum><subsection commented="no" display-inline="yes-display-inline" id="id0EEF7DA90EE84EB8A5E39C53ACAADAB2"><enum>(a)</enum><text>None of the funds
appropriated in this Act are available to establish a new Department of Defense
(department) federally funded research and development center (FFRDC), either
as a new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation consisting of
a consortium of other FFRDCs and other nonprofit entities.</text>
</subsection><subsection changed="added" id="IDe7dc901a84d9459cbe10dcd5af6110da" reported-display-style="italic"><enum>(b)</enum><text>No member of a Board of
Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting
Committee, or any similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory capacity, may be
compensated for his or her services as a member of such entity, or as a paid
consultant by more than one FFRDC in a fiscal year:
<proviso><italic>Provided</italic></proviso>, That a member of any
such entity referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel Regulations,
when engaged in the performance of membership duties.</text>
</subsection><subsection changed="added" id="IDbf1cf58757a645e1b1af17aff19492a7" reported-display-style="italic"><enum>(c)</enum><text>Notwithstanding any other
provision of law, none of the funds available to the department from any source
during fiscal year <added-phrase reported-display-style="italic"></added-phrase>2010<added-phrase reported-display-style="italic"></added-phrase> may be used by a defense FFRDC,
through a fee or other payment mechanism, for construction of new buildings,
for payment of cost sharing for projects funded by Government grants, for
absorption of contract overruns, or for certain charitable contributions, not
to include employee participation in community service and/or
development.</text>
</subsection><subsection changed="added" commented="no" id="IDacfbc0562fed4c55b568ac28e1400114" reported-display-style="italic"><enum>(d)</enum><text>Notwithstanding any other
provision of law, of the funds available to the department during fiscal year
2010, not more than 5,600 staff years of technical effort (staff years) may be
funded for defense FFRDCs:
<proviso><italic>Provided</italic></proviso>, That of the specific
amount referred to previously in this subsection, not more than 1,100 staff
years may be funded for the defense studies and analysis FFRDCs:
<proviso><italic>Provided further</italic></proviso>,
That this subsection shall not apply to staff years funded in the National
Intelligence Program (NIP) and the Military Intelligence Program (MIP).</text>
</subsection><subsection changed="added" commented="no" id="IDd8efa01d4a914c07bdcb9ab62784c0c1" reported-display-style="italic"><enum>(e)</enum><text>The Secretary of Defense
shall, with the submission of the department's fiscal year 2011 budget request,
submit a report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year and the
associated budget estimates.</text>
</subsection><subsection changed="added" commented="no" id="ID57f6489ecb8b42b3b5efa3cbd70e1a86" reported-display-style="italic"><enum>(f)</enum><text>Notwithstanding any other
provision of this Act, the total amount appropriated in this Act for FFRDCs is
hereby reduced by $120,200,000.</text>
</subsection></section><section commented="no" id="IDf4afc56499db4f3fb236403da0406d1f"><enum>8026.</enum><text>None of the funds
appropriated or made available in this Act shall be used to procure carbon,
alloy or armor steel plate for use in any Government-owned facility or property
under the control of the Department of Defense which were not melted and rolled
in the United States or Canada:
<proviso><italic>Provided</italic></proviso>, That these procurement
restrictions shall apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of the military department responsible for the procurement
may waive this restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
<proviso><italic>Provided further</italic></proviso>,
That these restrictions shall not apply to contracts which are in being as of
the date of the enactment of this Act.</text>
</section><section id="IDb427b41cd69544d8899238da25c781b4"><enum>8027.</enum><text>For the purposes of
this Act, the term <quote>congressional defense committees</quote> means the
Armed Services Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.</text>
</section><section id="IDd223c4a1322641d49c60ae7d98f22cdc"><enum>8028.</enum><text>During the current
fiscal year, the Department of Defense may acquire the modification, depot
maintenance and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles, through
competition between Department of Defense depot maintenance activities and
private firms:
<proviso><italic>Provided</italic></proviso>, That the Senior
Acquisition Executive of the military department or Defense Agency concerned,
with power of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private bids:
<proviso><italic>Provided further</italic></proviso>,
That Office of Management and Budget Circular A–76 shall not apply to
competitions conducted under this section.</text>
</section><section id="IDc467638d6bfb4bbab6cf70588b797eb8"><enum>8029.</enum><subsection commented="no" display-inline="yes-display-inline" id="idCB85AD5F58D34B29BCCBB997823EEDBC"><enum>(a)</enum><paragraph commented="no" display-inline="yes-display-inline" id="id7FB9D9FE915C4F5CA7CB9BFD7F95AE95"><enum>(1)</enum><text>If the Secretary of
Defense, after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement described in
paragraph (2) has violated the terms of the agreement by discriminating against
certain types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's blanket
waiver of the Buy American Act with respect to such types of products produced
in that foreign country.</text>
</paragraph><paragraph changed="added" id="idC9A488B3EA024EA69663C94802AF9B70" indent="up1" reported-display-style="italic"><enum>(2)</enum><text>An agreement referred to
in paragraph (1) is any reciprocal defense procurement memorandum of
understanding, between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy American Act
for certain products in that country.</text>
</paragraph></subsection><subsection changed="added" id="ID518d688fa2c74ba5958ec8414ad9fd28" reported-display-style="italic"><enum>(b)</enum><text>The Secretary of Defense
shall submit to the Congress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year
<added-phrase reported-display-style="italic"></added-phrase>2010<added-phrase reported-display-style="italic"></added-phrase>. Such report shall separately
indicate the dollar value of items for which the Buy American Act was waived
pursuant to any agreement described in subsection (a)(2), the Trade Agreement
Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which
the United States is a party.</text>
</subsection><subsection changed="added" id="ID284d32cc41084c33a94957f1afff6000" reported-display-style="italic"><enum>(c)</enum><text>For purposes of this
section, the term <quote>Buy American Act</quote> means title III of the Act
entitled <quote>An Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for other
purposes</quote>, approved March 3, 1933 (41 U.S.C. 10a et seq.).</text>
</subsection></section><section id="ID749b9da4d8c54e6493d9f173d3ee9f12"><enum>8030.</enum><text>During the current
fiscal year, amounts contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section 2921(c)(1) of the
National Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 2687
note) shall be available until expended for the payments specified by section
2921(c)(2) of that Act.</text>
</section><section id="ID9846398f87434d57a038a85a2d571c73"><enum>8031.</enum><subsection commented="no" display-inline="yes-display-inline" id="idAB7D55A6766D4C3A949D43372F2E31EF"><enum>(a)</enum><text>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
<added-phrase reported-display-style="italic"></added-phrase>Nevada,
Idaho,<added-phrase reported-display-style="italic"></added-phrase> North
Dakota, South Dakota, Montana, Oregon, and Minnesota relocatable military
housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base,
Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force
Base that are excess to the needs of the Air Force.</text>
</subsection><subsection changed="added" id="ID5ae5628b3bba4f61938faeb7019d0f8e" reported-display-style="italic"><enum>(b)</enum><text>The Secretary of the Air
Force shall convey, at no cost to the Air Force, military housing units under
subsection (a) in accordance with the request for such units that are submitted
to the Secretary by the Operation Walking Shield Program on behalf of Indian
tribes located in the States of Nevada, Idaho, North Dakota, South Dakota,
Montana, Oregon, and Minnesota.</text>
</subsection><subsection changed="added" id="ID500f845e016a45da8214da3de8d7b9cb" reported-display-style="italic"><enum>(c)</enum><text>The Operation Walking
Shield Program shall resolve any conflicts among requests of Indian tribes for
housing units under subsection (a) before submitting requests to the Secretary
of the Air Force under subsection (b).</text>
</subsection><subsection changed="added" id="ID5a112f37804a447aabf522180c1d6955" reported-display-style="italic"><enum>(d)</enum><text>In this section, the term
<quote>Indian tribe</quote> means any recognized Indian tribe included on the
current list published by the Secretary of the Interior under section 104 of
the Federally Recognized Indian Tribe Act of 1994 (Public Law 103–454; 108
Stat. 4792; 25 U.S.C. 479a–1).</text>
</subsection></section><section id="id28156C37372F4D81BC9FE16A0E368BEA"><enum>8032.</enum><text>During the current
fiscal year, appropriations which are available to the Department of Defense
for operation and maintenance may be used to purchase items having an
investment item unit cost of not more than
$250,000.</text>
</section><section commented="no" id="IDd49dfd6c51c04f4380e8456e92ab0278"><enum>8033.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2DF7A3AD00DF4867B60B5EA638A46CB4"><enum>(a)</enum><text>During the current
fiscal year, none of the appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase of an investment
item for the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to customers of
the Department of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations made to the
Department of Defense for procurement.</text>
</subsection><subsection changed="added" commented="no" id="ID3bda68d698d44f3cb2940d4078975e26" reported-display-style="italic"><enum>(b)</enum><text>The fiscal year 2011
budget request for the Department of Defense as well as all justification
material and other documentation supporting the fiscal year 2011 Department of
Defense budget shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded in a
procurement appropriation contained in this Act shall be budgeted for in a
proposed fiscal year 2011 procurement appropriation and not in the supply
management business area or any other area or category of the Department of
Defense Working Capital Funds.</text>
</subsection></section><section id="ID81463e2322ff426a81d2c8c968b4e427"><enum>8034.</enum><text>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, <added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>:
<proviso><italic>Provided</italic></proviso>, That funds
appropriated, transferred, or otherwise credited to the Central Intelligence
Agency Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
<proviso><italic>Provided further</italic></proviso>,
That any funds appropriated or transferred to the Central Intelligence Agency
for advanced research and development acquisition, for agent operations, and
for covert action programs authorized by the President under section 503 of the
National Security Act of 1947, as amended, shall remain available until
September 30, <added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>.</text>
</section><section id="ID0dae803e1bb94317908f1d0070a9a9dd"><enum>8035.</enum><text>Notwithstanding any
other provision of law, funds made available in this Act for the Defense
Intelligence Agency may be used for the design, development, and deployment of
General Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and Specified
Commands, and the component commands.</text>
</section><section commented="no" id="IDa0f268c9764e4f03b408d04f4c5c6fe6"><enum>8036.</enum><text>Of the funds
appropriated to the Department of Defense under the heading <quote>Operation
and Maintenance, Defense-Wide</quote>, not less than
$12,000,000 shall be made available only for the
mitigation of environmental impacts, including training and technical
assistance to tribes, related administrative support, the gathering of
information, documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for mitigation, on
Indian lands resulting from Department of Defense activities.</text>
</section><section commented="no" id="ID93163fc030ed426e980d172fea4a7e7c"><enum>8037.</enum><subsection commented="no" display-inline="yes-display-inline" id="id70B2FB20FC2742AB9B20775A0FF1F394"><enum>(a)</enum><text>None of the funds
appropriated in this Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, complies with the Buy
American Act. For purposes of this subsection, the term <quote>Buy American
Act</quote> means title III of the Act entitled <quote>An Act making
appropriations for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes</quote>, approved March 3, 1933
(41 U.S.C. 10a et seq.).</text>
</subsection><subsection changed="added" commented="no" id="ID2caddfdbac85490ebe7d63fdc211050f" reported-display-style="italic"><enum>(b)</enum><text>If the Secretary of
Defense determines that a person has been convicted of intentionally affixing a
label bearing a <quote>Made in America</quote> inscription to any product sold
in or shipped to the United States that is not made in America, the Secretary
shall determine, in accordance with section 2410f of title 10, United States
Code, whether the person should be debarred from contracting with the
Department of Defense.</text>
</subsection><subsection changed="added" commented="no" id="IDce18944730ca45089b4a6d076dd63b97" reported-display-style="italic"><enum>(c)</enum><text>In the case of any
equipment or products purchased with appropriations provided under this Act, it
is the sense of the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products are
cost-competitive, quality-competitive, and available in a timely
fashion.</text>
</subsection></section><section id="ID255ba4864a354e22ba93d27935bf43ec"><enum>8038.</enum><text>None of the funds
appropriated by this Act shall be available for a contract for studies,
analysis, or consulting services entered into without competition on the basis
of an unsolicited proposal unless the head of the activity responsible for the
procurement determines—</text>
<paragraph id="IDcdc8c27a7f5d42a8974b759f1ed4c45e"><enum>(1)</enum><text>as a result of thorough
technical evaluation, only one source is found fully qualified to perform the
proposed work;</text>
</paragraph><paragraph id="ID1e31d8d724ad4b5da597f51d9557fddf"><enum>(2)</enum><text>the purpose of the
contract is to explore an unsolicited proposal which offers significant
scientific or technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or</text>
</paragraph><paragraph id="ID1f5846a08dbc4d199b31d711b25e568f"><enum>(3)</enum><text>the purpose of the
contract is to take advantage of unique and significant industrial
accomplishment by a specific concern, or to insure that a new product or idea
of a specific concern is given financial support:
<proviso><italic>Provided</italic></proviso>, That this limitation
shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the interest of the
national defense.</text>
</paragraph></section><section commented="no" id="ID4d9dcb69ba6f47cd9ef7d7cbd4f34328"><enum>8039.</enum><subsection commented="no" display-inline="yes-display-inline" id="id63BA139E94D24E06A2724201AED91CCE"><enum>(a)</enum><text>Except as provided in
subsections (b) and (c), none of the funds made available by this Act may be
used—</text>
<paragraph changed="added" commented="no" id="ID983859d84fbe43afb9729f35d8a75e0e" reported-display-style="italic"><enum>(1)</enum><text>to establish a field
operating agency; or</text>
</paragraph><paragraph changed="added" commented="no" id="ID1b8777700b4e459ab5bcd4cbf1171ebd" reported-display-style="italic"><enum>(2)</enum><text>to pay the basic pay of a
member of the Armed Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that headquarters.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID86630d2ddf8e4508b9f3d9c26fef55a1" reported-display-style="italic"><enum>(b)</enum><text>The Secretary of Defense
or Secretary of a military department may waive the limitations in subsection
(a), on a case-by-case basis, if the Secretary determines, and certifies to the
Committees on Appropriations of the House of Representatives and Senate that
the granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.</text>
</subsection><subsection changed="added" commented="no" id="ID58138381f2184ce1ba7fe7c322199d14" reported-display-style="italic"><enum>(c)</enum><text>This section does not
apply to—</text>
<paragraph commented="no" id="IDadfa563ee95243b4910e4e4ea357f88e"><enum>(1)</enum><text>field operating agencies
funded within the National Intelligence Program; or</text>
</paragraph><paragraph commented="no" id="IDcea33a4f1a8c4828a5dda3f25a630227"><enum>(2)</enum><text>an Army field operating
agency established to eliminate, mitigate, or counter the effects of improvised
explosive devices, and, as determined by the Secretary of the Army, other
similar threats.</text>
</paragraph></subsection></section><appropriations-small id="idCE50B9CDDA9D4BFB91E4D7BB9DC4CE3D"><header>(rescissions)</header>
</appropriations-small><section id="id0B8A49B2F3464A7089BF62201B92D538"><enum>8040.</enum><text display-inline="yes-display-inline">Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:</text>
<paragraph id="idE3D4108F386F4A029FEE88D2A85A3A35"><enum></enum><text display-inline="yes-display-inline">“Research, Development, Test and
Evaluation, Air Force, 2009/2010”,
$110,230,000;</text>
</paragraph><paragraph id="id1167D904FE7D45F89E2FE34EC20B0571"><enum></enum><text display-inline="yes-display-inline">“Research, Development, Test and
Evaluation, Defense-Wide, 2009/2010”,
$199,750,000;</text>
</paragraph><paragraph id="id60C79FF1716B40D3A846201A74DC2FEF"><enum></enum><text display-inline="yes-display-inline">“Procurement of Weapons and Tracked Combat
Vehicles, Army, 2009/2011”, $41,087,000;</text>
</paragraph><paragraph id="id31D22AB001B3438DBDC5792B06D3B7F2"><enum></enum><text display-inline="yes-display-inline">“Other Procurement, Army, 2009/2011”,
$138,239,000;</text>
</paragraph><paragraph id="id9B50AFB3459C41D4A1394611E4EAA020"><enum></enum><text display-inline="yes-display-inline">“Aircraft Procurement, Air Force,
2009/2011”, $628,900,000;</text>
</paragraph><paragraph id="idB019B360079941578C9681FFC3114D37"><enum></enum><text display-inline="yes-display-inline">“Missile Procurement, Air Force,
2009/2011”, $147,595,000;</text>
</paragraph><paragraph id="idD03F2DBA792B450EA355B4DFEB459F88"><enum></enum><text display-inline="yes-display-inline">“Other Procurement, Air Force, 2009/2011”,
$5,000,000;</text>
</paragraph><paragraph id="id7476C27E1DCD4656938EEB07332F5FAB"><enum></enum><text display-inline="yes-display-inline">“Procurement, Defense-Wide, 2009/2011”,
$5,200,000; and</text>
</paragraph><paragraph id="id6FD89D28E993420D85B673AB3E5D2F56"><enum></enum><text display-inline="yes-display-inline">“Procurement, Defense-Wide, 2008/2010”,
$2,000,000.</text>
</paragraph></section><section commented="no" id="idF77D99FB378F44C18F7DEA3D3ECB78B7"><enum>8041.</enum><text>None of the funds
available in this Act may be used to reduce the authorized positions for
military (civilian) technicians of the Army National Guard, Air National Guard,
Army Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduction on
military (civilian) technicians, unless such reductions are a direct result of
a reduction in military force structure.</text>
</section><section id="ID2b6e023969b347b381bb801ec70030ec"><enum>8042.</enum><text>None of the funds
appropriated or otherwise made available in this Act may be obligated or
expended for assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.</text>
</section><section id="IDeb12c45977224ed9ae0aae7837dd44cb"><enum>8043.</enum><text>Funds appropriated in
this Act for operation and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred against
appropriations for the National Guard and Reserve when members of the National
Guard and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National Intelligence
Program and the Military Intelligence Program:
<proviso><italic>Provided</italic></proviso>, That nothing in this
section authorizes deviation from established Reserve and National Guard
personnel and training procedures.</text>
</section><section commented="no" id="IDbfa6f943e9524577986e51d1f4144497"><enum>8044.</enum><text>During the current
fiscal year, none of the funds appropriated in this Act may be used to reduce
the civilian medical and medical support personnel assigned to military
treatment facilities below the September 30, 2003, level:
<proviso><italic>Provided</italic></proviso>, That the Service
Surgeons General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.</text>
</section><section id="ID0d8b0b91ec1d4ab9bf89a8dd542bad19"><enum>8045.</enum><subsection commented="no" display-inline="yes-display-inline" id="id3FFE68CB561441048FBF62B491F106CD"><enum>(a)</enum><text>None of the funds
available to the Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to any other
department or agency of the United States except as specifically provided in an
appropriations law.</text>
</subsection><subsection changed="added" id="ID5a9526e620b04f76b0b4ba76ff40885e" reported-display-style="italic"><enum>(b)</enum><text>None of the funds
available to the Central Intelligence Agency for any fiscal year for drug
interdiction and counter-drug activities may be transferred to any other
department or agency of the United States except as specifically provided in an
appropriations law.</text>
</subsection></section><section commented="no" id="IDebd73c4be87d462d81bbd9e6e00a54f9"><enum>8046.</enum><text>None of the funds
appropriated by this Act may be used for the procurement of ball and roller
bearings other than those produced by a domestic source and of domestic origin:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
the military department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense requirements
on a timely basis and that such an acquisition must be made in order to acquire
capability for national security purposes:
<proviso><italic>Provided further</italic></proviso>,
That this restriction shall not apply to the purchase of <quote>commercial
items</quote>, as defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.</text>
</section><section commented="no" id="IDcd525d69d8204cf0bcb921b890fe76c6"><enum>8047.</enum><text>None of the funds in
this Act may be used to purchase any supercomputer which is not manufactured in
the United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must be made in order
to acquire capability for national security purposes that is not available from
United States manufacturers.</text>
</section><section commented="no" id="IDeff2ff24613342d3bb64ff6ba54b2124"><enum>8048.</enum><text>None of the funds made
available in this or any other Act may be used to pay the salary of any officer
or employee of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources of any
program, project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress:
<proviso><italic>Provided</italic></proviso>, That this limitation
shall not apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.</text>
</section><section commented="no" id="ID90653de66d984adc864e134b01534b63"><enum>8049.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2D76B7F746204E89A02361B9DEE02DF2"><enum>(a)</enum><text>Notwithstanding any
other provision of law, none of the funds available to the Department of
Defense for the current fiscal year may be obligated or expended to transfer to
another nation or an international organization any defense articles or
services (other than intelligence services) for use in the activities described
in subsection (b) unless the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on Foreign
Relations of the Senate are notified 15 days in advance of such
transfer.</text>
</subsection><subsection changed="added" commented="no" id="IDf59ce65e9c934f2b9bac2ea560fefc79" reported-display-style="italic"><enum>(b)</enum><text>This section applies
to—</text>
<paragraph commented="no" id="idCEAC990F413A429FB2AE93163FF4067B"><enum>(1)</enum><text>any international
peacekeeping or peace-enforcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under the authority of a United
Nations Security Council resolution; and</text>
</paragraph><paragraph commented="no" id="idF18CFAE011264888B322AC33594014F4"><enum>(2)</enum><text display-inline="yes-display-inline">any other international peacekeeping,
peace-enforcement, or humanitarian assistance operation.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID65afcad76b1e4102885b4c292a364414" reported-display-style="italic"><enum>(c)</enum><text>A notice under subsection
(a) shall include the following—</text>
<paragraph commented="no" id="ID8eca36759fac470797f3d52ca532fb02"><enum>(1)</enum><text>A description of the
equipment, supplies, or services to be transferred.</text>
</paragraph><paragraph commented="no" id="ID116dc812f8a04c6faa5ff0cffa1d0466"><enum>(2)</enum><text>A statement of the value
of the equipment, supplies, or services to be transferred.</text>
</paragraph><paragraph commented="no" id="ID22744edf0c0445b18eade76fd4e0023f"><enum>(3)</enum><text>In the case of a proposed
transfer of equipment or supplies—</text>
<subparagraph commented="no" id="ID71cc8cf1fa7f47c3b776c5e681a350d7"><enum>(A)</enum><text>a statement of whether
the inventory requirements of all elements of the Armed Forces (including the
reserve components) for the type of equipment or supplies to be transferred
have been met; and</text>
</subparagraph><subparagraph commented="no" id="IDe86cf54c5ec14d04a5f8eea63a3a8863"><enum>(B)</enum><text>a statement of whether
the items proposed to be transferred will have to be replaced and, if so, how
the President proposes to provide funds for such replacement.</text>
</subparagraph></paragraph></subsection></section><section id="ID50397e874d6046308cf4ffb176af1216"><enum>8050.</enum><text>None of the funds
available to the Department of Defense under this Act shall be obligated or
expended to pay a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee when—</text>
<paragraph id="ID92b96052c097492bbab57e3ebe08e89f"><enum>(1)</enum><text>such costs are for a
bonus or otherwise in excess of the normal salary paid by the contractor to the
employee; and</text>
</paragraph><paragraph id="ID8fae3a32d29c43f186e42bf963c1a0c5"><enum>(2)</enum><text>such bonus is part of
restructuring costs associated with a business combination.</text>
</paragraph></section><appropriations-small id="idEC26231FD7E94100B9E0A692D9D2AAE0"><header>(including transfer of
funds)</header>
</appropriations-small><section id="ID6a1c828f77d0423abad4eb2fa1566a4f"><enum>8051.</enum><text>During the current
fiscal year, no more than $30,000,000 of
appropriations made in this Act under the heading <quote>Operation and
Maintenance, Defense-Wide</quote> may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to be
available for the same time period as the appropriations to which transferred,
to be used in support of such personnel in connection with support and services
for eligible organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.</text>
</section><section commented="no" id="ID5ff96e6c356a4026a18edd496685cecd"><enum>8052.</enum><subsection commented="no" display-inline="yes-display-inline" id="id0FF4185C9CDA49BB89A600371EDB0522"><enum>(a)</enum><header>In
General</header><text>Service as a member of the Alaska Territorial Guard
during World War II of any individual who was honorably discharged therefrom
under section 8147 of the Department of Defense Appropriations Act, 2001
(Public Law 106–259; 114 Stat. 705) shall be treated as active service for
purposes of the computation under chapter 61, 71, 371, 571, 871, or 1223 of
title 10, United States Code, as applicable, of the retired pay to which such
individual may be entitled under title 10, United States Code.</text>
</subsection><subsection changed="added" commented="no" id="id276BFA38A58E45E29C5CF0089358C841" reported-display-style="italic"><enum>(b)</enum><header>Applicability</header><text display-inline="yes-display-inline">Subsection (a) shall apply with respect to
amounts of retired pay payable under title 10, United States Code, for months
beginning on or after the date of the enactment of this Act. No retired pay
shall be paid to any individual by reason of subsection (a) for any period
before that date.</text>
</subsection><subsection changed="added" commented="no" id="id43A12175AC4D414AA8063ED605242FFB" reported-display-style="italic"><enum>(c)</enum><header>World War II
Defined</header><text display-inline="yes-display-inline">In this section, the
term <quote>World War II</quote> has the meaning given that term in section
101(8) of title 38, United States Code.</text>
</subsection></section><section id="ID4c8d13a22be247caa0c7b022157bbf49"><enum>8053.</enum><subsection commented="no" display-inline="yes-display-inline" id="id92F7FF2CB41A4204987532C7A113D0B5"><enum>(a)</enum><text>Notwithstanding any
other provision of law, the Chief of the National Guard Bureau may permit the
use of equipment of the National Guard Distance Learning Project by any person
or entity on a space-available, reimbursable basis. The Chief of the National
Guard Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.</text>
</subsection><subsection changed="added" id="ID251c8c045af04d3f9b8061906a25378c" reported-display-style="italic"><enum>(b)</enum><text>Amounts collected under
subsection (a) shall be credited to funds available for the National Guard
Distance Learning Project and be available to defray the costs associated with
the use of equipment of the project under that subsection. Such funds shall be
available for such purposes without fiscal year limitation.</text>
</subsection></section><section commented="no" id="IDd160e8d0fe494b7399a942341d29cc45"><enum>8054.</enum><text>Using funds available
by this Act or any other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States Code, may implement
cost-effective agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
<proviso><italic>Provided</italic></proviso>, That in the City of
Kaiserslautern such agreements will include the use of United States anthracite
as the base load energy for municipal district heat to the United States
Defense installations:
<proviso><italic>Provided further</italic></proviso>,
That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished
heat may be obtained from private, regional or municipal services, if
provisions are included for the consideration of United States coal as an
energy source.</text>
</section><section id="IDb8835b0d0a68445e9f2ffe255486b575"><enum>8055.</enum><text>None of the funds
appropriated in title IV of this Act may be used to procure end-items for
delivery to military forces for operational training, operational use or
inventory requirements:
<proviso><italic>Provided</italic></proviso>, That this restriction
does not apply to end-items used in development, prototyping, and test
activities preceding and leading to acceptance for operational use:
<proviso><italic>Provided further</italic></proviso>,
That this restriction does not apply to programs funded within the National
Intelligence Program:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that it is in the national security interest
to do so.</text>
</section><section id="id1FB5EC0CEC8D4A9299F5020070B006DC"><enum>8056.</enum><text display-inline="yes-display-inline">None of the funds made available in this
Act may be used to approve or license the sale of the F–22A advanced tactical
fighter to any foreign government:
<proviso><italic>Provided</italic></proviso>, That the Department of
Defense may conduct or participate in studies, research, design and other
activities to define and develop a future export version of the F–22A that
protects classified and sensitive information, technologies and U.S.
warfighting capabilities.</text>
</section><section id="IDcf5d93da46454cefa0d7ee773321f988"><enum>8057.</enum><subsection commented="no" display-inline="yes-display-inline" id="id292A767101144134983AD0D3C9BD2848"><enum>(a)</enum><text>The Secretary of
Defense may, on a case-by-case basis, waive with respect to a foreign country
each limitation on the procurement of defense items from foreign sources
provided in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative programs
entered into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of defense
items entered into under section 2531 of title 10, United States Code, and the
country does not discriminate against the same or similar defense items
produced in the United States for that country.</text>
</subsection><subsection changed="added" id="IDe7b69020969548118706df9599dd2fbc" reported-display-style="italic"><enum>(b)</enum><text>Subsection (a) applies
with respect to—</text>
<paragraph id="ID95f9e82716f547d4a82f53cae1747bd2"><enum>(1)</enum><text>contracts and
subcontracts entered into on or after the date of the enactment of this Act;
and</text>
</paragraph><paragraph id="IDb5723343a607453a92f88a8177491852"><enum>(2)</enum><text>options for the
procurement of items that are exercised after such date under contracts that
are entered into before such date if the option prices are adjusted for any
reason other than the application of a waiver granted under subsection
(a).</text>
</paragraph></subsection><subsection changed="added" id="IDc8fc36e58ab64753a723699987ebc595" reported-display-style="italic"><enum>(c)</enum><text>Subsection (a) does not
apply to a limitation regarding construction of public vessels, ball and roller
bearings, food, and clothing or textile materials as defined by section 11
(chapters 50–65) of the Harmonized Tariff Schedule and products classified
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.</text>
</subsection></section><section id="IDbcbae4879b5b4355accceb5313f95b12"><enum>8058.</enum><subsection commented="no" display-inline="yes-display-inline" id="id2D5DDE806DB84D708B57921E89B84478"><enum>(a)</enum><text>None of the funds made
available by this Act may be used to support any training program involving a
unit of the security forces of a foreign country if the Secretary of Defense
has received credible information from the Department of State that the unit
has committed a gross violation of human rights, unless all necessary
corrective steps have been taken.</text>
</subsection><subsection changed="added" id="ID4ba11e635bed40bf9fadf7f8654e4c3e" reported-display-style="italic"><enum>(b)</enum><text>The Secretary of Defense,
in consultation with the Secretary of State, shall ensure that prior to a
decision to conduct any training program referred to in subsection (a), full
consideration is given to all credible information available to the Department
of State relating to human rights violations by foreign security forces.</text>
</subsection><subsection changed="added" id="ID952b0bb915154faea0202ddcd8ad1d9c" reported-display-style="italic"><enum>(c)</enum><text>The Secretary of Defense,
after consultation with the Secretary of State, may waive the prohibition in
subsection (a) if he determines that such waiver is required by extraordinary
circumstances.</text>
</subsection><subsection changed="added" id="IDf75acf007de14621a7b3bd48646d14e7" reported-display-style="italic"><enum>(d)</enum><text>Not more than 15 days
after the exercise of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the training program,
the United States forces and the foreign security forces involved in the
training program, and the information relating to human rights violations that
necessitates the waiver.</text>
</subsection></section><section commented="no" id="IDe1f2efc565724f199c1ed886189be126"><enum>8059.</enum><text>None of the funds
appropriated or made available in this Act to the Department of the Navy shall
be used to develop, lease or procure the T–AKE class of ships unless the main
propulsion diesel engines and propulsors are manufactured in the United States
by a domestically operated entity:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of Representatives and
the Senate that adequate domestic supplies are not available to meet Department
of Defense requirements on a timely basis and that such an acquisition must be
made in order to acquire capability for national security purposes or there
exists a significant cost or quality difference.</text>
</section><section commented="no" id="ID55c6b79008124e23b230b5e31b91592a"><enum>8060.</enum><text>None of the funds
appropriated or otherwise made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense business.</text>
</section><section id="IDd5e4e3c5490040709d75bbab4426559b"><enum>8061.</enum><text>Notwithstanding any
other provision of law, funds appropriated in this Act under the heading
<quote>Research, Development, Test and Evaluation, Defense-Wide</quote> for any
new start advanced concept technology demonstration project or joint capability
demonstration project may only be obligated 30 days after a report, including a
description of the project, the planned acquisition and transition strategy and
its estimated annual and total cost, has been provided in writing to the
congressional defense committees:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national interest to do
so.</text>
</section><section commented="no" id="IDf1c1538035804b7e95776ed7f2acf22e"><enum>8062.</enum><text>The Secretary of
Defense shall provide a classified quarterly report beginning 30 days after
enactment of this Act, to the House and Senate Appropriations Committees,
Subcommittees on Defense on certain matters as directed in the classified annex
accompanying this Act.</text>
</section><section commented="no" id="ID779ba249b4854f64b827172df6549ff9"><enum>8063.</enum><text>During the current
fiscal year, none of the funds available to the Department of Defense may be
used to provide support to another department or agency of the United States if
such department or agency is more than 90 days in arrears in making payment to
the Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis:
<proviso><italic>Provided</italic></proviso>, That this restriction
shall not apply if the department is authorized by law to provide support to
such department or agency on a nonreimbursable basis, and is providing the
requested support pursuant to such authority:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that it is in the national security interest
to do so.</text>
</section><section id="ID956aae2852fc486594a9a1648114199d"><enum>8064.</enum><text>Notwithstanding section
12310(b) of title 10, United States Code, a Reserve who is a member of the
National Guard serving on full-time National Guard duty under section 502(f) of
title 32, United States Code, may perform duties in support of the ground-based
elements of the National Ballistic Missile Defense System.</text>
</section><section id="ID40ef3973e24b4646982356debed0169e"><enum>8065.</enum><text>None of the funds
provided in this Act may be used to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of <quote>armor
penetrator</quote>, <quote>armor piercing (AP)</quote>, <quote>armor piercing
incendiary (API)</quote>, or <quote>armor-piercing incendiary-tracer
(API–T)</quote>, except to an entity performing demilitarization services for
the Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition pursuant to a
contract with the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.</text>
</section><section id="ID9d7d142254e84b98a9be7820d31c7de6"><enum>8066.</enum><text>Notwithstanding any
other provision of law, the Chief of the National Guard Bureau, or his
designee, may waive payment of all or part of the consideration that otherwise
would be required under section 2667 of title 10, United States Code, in the
case of a lease of personal property for a period not in excess of 1 year to
any organization specified in section 508(d) of title 32, United States Code,
or any other youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his designee, on a
case-by-case basis.</text>
</section><section commented="no" id="IDcb15f9ce0b7545008dcc6c4e6c949b8d"><enum>8067.</enum><text>None of the funds
appropriated by this Act shall be used for the support of any nonappropriated
funds activity of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic beverages
sold by the drink) on a military installation located in the United States
unless such malt beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of Columbia, in which the
military installation is located:
<proviso><italic>Provided</italic></proviso>, That in a case in which
the military installation is located in more than one State, purchases may be
made in any State in which the installation is located:
<proviso><italic>Provided further</italic></proviso>,
That such local procurement requirements for malt beverages and wine shall
apply to all alcoholic beverages only for military installations in States
which are not contiguous with another State:
<proviso><italic>Provided further</italic></proviso>,
That alcoholic beverages other than wine and malt beverages, in contiguous
States and the District of Columbia shall be procured from the most competitive
source, price and other factors considered.</text>
</section><section id="ID040ab64a133f426eacf742acc7f25988"><enum>8068.</enum><text>Funds available to the
Department of Defense for the Global Positioning System during the current
fiscal year may be used to fund civil requirements associated with the
satellite and ground control segments of such system's modernization
program.</text>
<appropriations-small id="id8B19A82309C7427E9DF0FC9812EF40C2"><header>(including transfer of funds)
</header>
</appropriations-small></section><section id="IDe7baf2091f044bec8be0c80f2c64736b"><enum>8069.</enum><text>Of the amounts
appropriated in this Act under the heading <quote>Operation and Maintenance,
Army</quote>, <added-phrase reported-display-style="italic"></added-phrase>$106,754,000<added-phrase reported-display-style="italic"></added-phrase> shall remain available until
expended:
<proviso><italic>Provided</italic></proviso>, That notwithstanding
any other provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense is authorized to enter into and carry out
contracts for the acquisition of real property, construction, personal
services, and operations related to projects carrying out the purposes of this
section:
<proviso><italic>Provided further</italic></proviso>,
That contracts entered into under the authority of this section may provide for
such indemnification as the Secretary determines to be necessary:
<proviso><italic>Provided further</italic></proviso>,
That projects authorized by this section shall comply with applicable Federal,
State, and local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.</text>
</section><section id="ID744d7102b9c542d3a573cc2b04cde365"><enum>8070.</enum><text>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
<added-phrase reported-display-style="italic"></added-phrase>2010<added-phrase reported-display-style="italic"></added-phrase>.</text>
<appropriations-small id="id07EC02EC439F43338411C7653804A9F6"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="ID44928016d73e4b31b963d9f35c371cd7"><enum>8071.</enum><text>Of the amounts
appropriated in this Act under the heading <quote>Research, Development, Test
and Evaluation, Defense-Wide</quote>,
$202,434,000 shall be for the Israeli
Cooperative Programs:
<proviso><italic>Provided</italic></proviso>, That of this amount,
$80,092,000 shall be for the Short Range
Ballistic Missile Defense (SRBMD) program,
$50,036,000 shall be available for an upper-tier
component to the Israeli Missile Defense Architecture, and
$72,306,000 shall be for the Arrow Missile
Defense Program, of which $25,000,000 shall be
for producing Arrow missile components in the United States and Arrow missile
components in Israel to meet Israel’s defense requirements, consistent with
each nation’s laws, regulations and procedures:
<proviso><italic>Provided further</italic></proviso>,
That funds made available under this provision for production of missiles and
missile components may be transferred to appropriations available for the
procurement of weapons and equipment, to be merged with and to be available for
the same time period and the same purposes as the appropriation to which
transferred:
<proviso><italic>Provided further</italic></proviso>,
That the transfer authority provided under this provision is in addition to any
other transfer authority contained in this Act.</text>
<appropriations-small id="id435D9C83D7384695AFD7F440096081A1"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="ide03c8233-6647-4432-897a-91d8dfbf22e7"><enum>8072.</enum><text display-inline="yes-display-inline">Of the amounts appropriated in this Act
under the heading <quote>Shipbuilding and Conversion, Navy</quote>,
$144,950,000 shall be available until September
30, 2010, to fund prior year shipbuilding cost increases:
<proviso><italic>Provided</italic></proviso>, That upon enactment of
this Act, the Secretary of the Navy shall transfer such funds to the following
appropriations in the amounts specified:
<proviso><italic>Provided further</italic></proviso>,
That the amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred:</text>
<paragraph id="idC55EEA3B10C7440395CF27F04F0E59A6"><enum></enum><text display-inline="yes-display-inline">To:</text>
<subparagraph id="id4CFCB7645075429899635DA76BE9812B"><enum></enum><text display-inline="yes-display-inline">Under
the heading <quote>Shipbuilding and Conversion, Navy, 2004/2010</quote>:</text>
<clause id="id51A18B083BD84F6584776AB801A0AF4E"><enum></enum><text display-inline="yes-display-inline">New
SSN, $26,906,000; and</text>
</clause><clause id="id3BE1184BE5C04AE9B8CD17E99CEDEDC8"><enum></enum><text display-inline="yes-display-inline">LPD–17 Amphibious Transport Dock Program,
$16,844,000.</text>
</clause></subparagraph><subparagraph id="id53C17362EEB04239B515C6950CBD8862"><enum></enum><text display-inline="yes-display-inline">Under
the heading <quote>Shipbuilding and Conversion, Navy, 2005/2010</quote>:</text>
<clause id="id3AA2F35C85D742A794F7581004B2DED9"><enum></enum><text display-inline="yes-display-inline">New
SSN, $18,702,000; and</text>
</clause><clause id="id0088DFEE7F7643DCAD125C933208AB7B"><enum></enum><text display-inline="yes-display-inline">LPD–17 Amphibious Transport Dock Program,
$16,498,000.</text>
</clause></subparagraph><subparagraph id="id8118D404E7434EB187B87AC113D112D5"><enum></enum><text display-inline="yes-display-inline">Under
the heading <quote>Shipbuilding and Conversion, Navy, 2008/2012</quote>:</text>
<clause id="id50321A30CDAE4C84989F2EAE4102D77A"><enum></enum><text display-inline="yes-display-inline">LPD–17 Amphibious Transport Dock Program,
$66,000,000.</text>
</clause></subparagraph></paragraph></section><section commented="no" id="ID77e4d96497af458285b66aa36c8c8757"><enum>8073.</enum><text>None of the funds
available to the Department of Defense may be obligated to modify command and
control relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the Pacific fleet:
<proviso><italic>Provided</italic></proviso>, That the command and
control relationships which existed on October 1, 2004, shall remain in force
unless changes are specifically authorized in a subsequent Act.</text>
</section><section id="ID26e64bc5510f41c88db10220d69d40d7"><enum>8074.</enum><text>Notwithstanding any
other provision of law or regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States Code, for occupations
listed in section 7403(a)(2) of title 38, United States Code, as well as the
following:</text>
<paragraph id="IDd068c18b1c3a4d0c9fd6a58cc03fd86e"><enum></enum><text>Pharmacists, Audiologists, Psychologists,
Social Workers, Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists, Speech
Pathologists, Dietitian/Nutritionists, Industrial Hygienists, Psychology
Technicians, Social Service Assistants, Practical Nurses, Nursing Assistants,
and Dental Hygienists:</text>
<subparagraph id="IDd7f10e469b604600a1692f528b3a934a"><enum>(A)</enum><text>The requirements of
section 7403(g)(1)(A) of title 38, United States Code, shall apply.</text>
</subparagraph><subparagraph id="IDf064af6114604c9d8283a2c2ee9eca39"><enum>(B)</enum><text>The limitations of
section 7403(g)(1)(B) of title 38, United States Code, shall not apply.</text>
</subparagraph></paragraph></section><section id="ID7148c90eb8674e4382e5d52bc1deb0d6"><enum>8075.</enum><text>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 <added-phrase reported-display-style="italic"></added-phrase>2010<added-phrase reported-display-style="italic"></added-phrase> until the enactment of the
Intelligence Authorization Act for Fiscal Year
<added-phrase reported-display-style="italic"></added-phrase>2010<added-phrase reported-display-style="italic"></added-phrase>.</text>
</section><section commented="no" id="ID158c5d6806d64409b0934db15e346385"><enum>8076.</enum><text>None of the funds
provided in this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project, or
activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written prior
notification to the congressional defense committees.</text>
</section><section commented="no" id="ID408265b973e44465bb39ef21c51c561b"><enum>8077.</enum><text>In addition to funds
made available elsewhere in this Act, $5,500,000
is hereby appropriated and shall remain available until expended to provide
assistance, by grant or otherwise (such as the provision of funds for
information technology and textbook purchases, professional development for
educators, and student transition support) to public schools in states that are
considered overseas assignments with unusually high concentrations of special
needs military dependents enrolled:
<proviso><italic>Provided</italic></proviso>, That up to 2 percent of
the total appropriated funds under this section shall be available for the
administration and execution of the programs and/or events that promote the
purpose of this appropriation:
<proviso><italic>Provided further</italic></proviso>,
That up to 5 percent of the total appropriated funds under this section shall
be available to public schools that have entered into a military partnership:
<proviso><italic>Provided further</italic></proviso>,
That $1,000,000 shall be available for a
nonprofit trust fund to assist in the public-private funding of public school
repair and maintenance projects:
<proviso><italic>Provided further</italic></proviso>,
That $500,000 shall be available to fund an
ongoing special education support program in public schools with unusually high
concentrations of active duty military dependents enrolled:
<proviso><italic>Provided further</italic></proviso>,
That to the extent a Federal agency provides this assistance by contract,
grant, or otherwise, it may accept and expend non-Federal funds in combination
with these Federal funds to provide assistance for the authorized
purpose.</text>
</section><section commented="no" id="ID51f8e64e138e46e2bf6a5abc75e3a0f2"><enum>8078.</enum><text>In addition to the
amounts appropriated or otherwise made available elsewhere in this Act,
$50,500,000 is hereby appropriated to the
Department of Defense:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense shall make grants in the amounts specified as follows:
$20,000,000 to the Edward M. Kennedy Institute
for the Senate; $5,500,000 to the U.S.S.
Missouri Memorial Association; and $25,000,000 to the National World War II
Museum.</text>
</section><section commented="no" id="IDbc5515db1a234a2aa86f9037b6336b96"><enum>8079.</enum><text>The budget of the
President for fiscal year 2011 submitted to the Congress pursuant to section
1105 of title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed Forces’ participation
in contingency operations for the Military Personnel accounts, the Operation
and Maintenance accounts, and the Procurement accounts:
<proviso><italic>Provided</italic></proviso>, That these documents
shall include a description of the funding requested for each contingency
operation, for each military service, to include all Active and Reserve
components, and for each appropriations account:
<proviso><italic>Provided further</italic></proviso>,
That these documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not limited to,
troop strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency:
<proviso><italic>Provided further</italic></proviso>,
That these documents shall include budget exhibits OP–5 and OP–32 (as defined
in the Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two preceding fiscal
years.</text>
</section><section commented="no" id="IDe9efbdafe5f34b30a91aca52bad59cda"><enum>8080.</enum><text>None of the funds in
this Act may be used for research, development, test, evaluation, procurement
or deployment of nuclear armed interceptors of a missile defense system.</text>
</section><section commented="no" id="ID78f932c78d5042c884e9d8d64a3160ed"><enum>8081.</enum><text>None of the funds
appropriated or made available in this Act shall be used to reduce or
disestablish the operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC–130 Weather
Reconnaissance mission below the levels funded in this Act:
<proviso><italic>Provided</italic></proviso>, That the Air Force
shall allow the 53rd Weather Reconnaissance Squadron to perform other missions
in support of national defense requirements during the non-hurricane
season.</text>
</section><section commented="no" id="ID459be25a17e845ef89d462a4c63e125e"><enum>8082.</enum><text>None of the funds
provided in this Act shall be available for integration of foreign intelligence
information unless the information has been lawfully collected and processed
during the conduct of authorized foreign intelligence activities:
<proviso><italic>Provided</italic></proviso>, That information
pertaining to United States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United States Constitution
as implemented through Executive Order No. 12333.</text>
</section><section commented="no" id="ID3588f211e8c540c6aba07a5cc89a50b6"><enum>8083.</enum><subsection commented="no" display-inline="yes-display-inline" id="id9FDE5BE70293424FA14513E02211EAE8"><enum>(a)</enum><text>At the time members of
reserve components of the Armed Forces are called or ordered to active duty
under section 12302(a) of title 10, United States Code, each member shall be
notified in writing of the expected period during which the member will be
mobilized.</text>
</subsection><subsection changed="added" commented="no" id="ID6a9ed77730ff4cd784ebf80139002b2f" reported-display-style="italic"><enum>(b)</enum><text>The Secretary of Defense
may waive the requirements of subsection (a) in any case in which the Secretary
determines that it is necessary to do so to respond to a national security
emergency or to meet dire operational requirements of the Armed Forces.</text>
</subsection></section><appropriations-small id="id3B9C31E2497648C7B93516EE1FEA5CB7"><header>(including transfer of
funds)</header>
</appropriations-small><section id="ID60600de41bcf4f6ba72bec8405580325"><enum>8084.</enum><text>The Secretary of
Defense may transfer funds from any available Department of the Navy
appropriation to any available Navy ship construction appropriation for the
purpose of liquidating necessary changes resulting from inflation, market
fluctuations, or rate adjustments for any ship construction program
appropriated in law:
<proviso><italic>Provided</italic></proviso>, That the Secretary may
transfer not to exceed $100,000,000 under the
authority provided by this section:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary may not transfer any funds until 30 days after the proposed
transfer has been reported to the Committees on Appropriations of the House of
Representatives and the Senate, unless a response from the Committees is
received sooner:
<proviso><italic>Provided further</italic></proviso>,
That the transfer authority provided by this section is in addition to any
other transfer authority contained elsewhere in this Act.</text>
</section><section id="ID309b26268de5423e981e52d336612217"><enum>8085.</enum><text>For purposes of section
612 of title 41, United States Code, any subdivision of appropriations made
under the heading <quote>Shipbuilding and Conversion, Navy</quote> that is not
closed at the time reimbursement is made shall be available to reimburse the
Judgment Fund and shall be considered for the same purposes as any subdivision
under the heading <quote>Shipbuilding and Conversion, Navy</quote>
appropriations in the current fiscal year or any prior fiscal year.</text>
</section><section commented="no" id="IDb59d6a396e524814aca5223e91a3377c"><enum>8086.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE1FD4A911DA84442A7A4FE84898EBBA2"><enum>(a)</enum><text>None of the funds
appropriated by this Act may be used to transfer research and development,
acquisition, or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.</text>
</subsection><subsection changed="added" commented="no" id="ID70cd6dab33d840728a98448785e16e54" reported-display-style="italic"><enum>(b)</enum><text>The Army shall retain
responsibility for and operational control of the MQ–1C Sky Warrior Unmanned
Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters
relating to the employment of unmanned aerial vehicles.</text>
</subsection></section><section commented="no" id="ID8753119f597e48759a10fe92ae89e45d"><enum>8087.</enum><text>Of the funds provided
in this Act, $10,000,000 shall be available for
the operations and development of training and technology for the Joint
Interagency Training and Education Center and the affiliated Center for
National Response at the Memorial Tunnel and for providing homeland
defense/security and traditional warfighting training to the Department of
Defense, other Federal agencies, and State and local first responder personnel
at the Joint Interagency Training and Education Center.</text>
</section><section id="ID21e93251de2b4f6ba7fc7ff3394c06de"><enum>8088.</enum><text>Notwithstanding any
other provision of law or regulation, the Secretary of Defense may adjust wage
rates for civilian employees hired for certain health care occupations as
authorized for the Secretary of Veterans Affairs by section 7455 of title 38,
United States Code.</text>
</section><section commented="no" id="ID880463235e294b8f8d2d458717943616"><enum>8089.</enum><text>Up to
$16,000,000 of the funds appropriated under the
heading <quote>Operation and Maintenance, Navy</quote> may be made available
for the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities such as
humanitarian assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces:
<proviso><italic>Provided</italic></proviso>, That funds made
available for this purpose may be used, notwithstanding any other funding
authorities for humanitarian assistance, security assistance or combined
exercise expenses:
<proviso><italic>Provided further</italic></proviso>,
That funds may not be obligated to provide assistance to any foreign country
that is otherwise prohibited from receiving such type of assistance under any
other provision of law.</text>
</section><section id="ID7d872519e26944d1b2fe8b1fff4b09d9"><enum>8090.</enum><text>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,
<added-phrase reported-display-style="italic"></added-phrase>2011<added-phrase reported-display-style="italic"></added-phrase>.</text>
</section><section commented="no" id="IDc4d7a88e630b47668cf7d9dc49f14328"><enum>8091.</enum><text>Notwithstanding any
other provision of this Act, to reflect savings from revised economic
assumptions, the total amount appropriated in title II of this Act is hereby
reduced by $294,000,000, the total amount
appropriated in title III of this Act is hereby reduced by
$322,000,000, the total amount appropriated in
title IV of this Act is hereby reduced by
$236,000,000, and the total amount appropriated
in title V of this Act is hereby reduced by
$9,000,000:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense shall allocate this reduction proportionally to each budget activity,
activity group, subactivity group, and each program, project, and activity,
within each appropriation account.</text>
</section><section id="ID7e185815a14046559015fdbf1336447b"><enum>8092.</enum><text>For purposes of section
1553(b) of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading <quote>Shipbuilding and Conversion, Navy</quote>
shall be considered to be for the same purpose as any subdivision under the
heading <quote>Shipbuilding and Conversion, Navy</quote> appropriations in any
prior fiscal year, and the 1 percent limitation shall apply to the total amount
of the appropriation.</text>
</section><section commented="no" id="ID21ebe2b10a7b465cb4548ed225879b55"><enum>8093.</enum><text>Notwithstanding any
other provision of law, that not more than 35 percent of funds provided in this
Act for environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract value of
$130,000,000 or higher.</text>
</section><section commented="no" id="ID2b4c9c6e1f544c12a3d3abe096787467"><enum>8094.</enum><text>The Director of
National Intelligence shall include the budget exhibits identified in
paragraphs (1) and (2) as described in the Department of Defense Financial
Management Regulation with the congressional budget justification books.</text>
<paragraph commented="no" id="IDe5e2db1efafc41818c88f179a5177c4c"><enum>(1)</enum><text>For procurement programs
requesting more than $20,000,000 in any fiscal
year, the P–1, Procurement Program; P–5, Cost Analysis; P–5a, Procurement
History and Planning; P–21, Production Schedule; and P–40 Budget Item
Justification.</text>
</paragraph><paragraph commented="no" id="IDe209ce0ede734c5ba2add562f8d3d664"><enum>(2)</enum><text>For research,
development, test and evaluation projects requesting more than
$10,000,000 in any fiscal year, the R–1,
RDT&E Program; R–2, RDT&E Budget Item Justification; R–3, RDT&E
Project Cost Analysis; and R–4, RDT&E Program Schedule Profile.</text>
</paragraph></section><section id="IDe3f66021962c48adbddb96ec46f8f632"><enum>8095.</enum><text>None of the funds made
available in this Act may be used in contravention of the following laws
enacted or regulations promulgated to implement the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(done at New York on December 10, 1984):</text>
<paragraph id="IDb519760c8ecc40abb02805103e07957e"><enum>(1)</enum><text>Section 2340A of title
18, United States Code.</text>
</paragraph><paragraph id="IDe0c0dd3edd944c3d918d3c2771f52fc7"><enum>(2)</enum><text>Section 2242 of the
Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law
105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code of Federal
Regulations, and part 95 of title 22, Code of Federal Regulations.</text>
</paragraph><paragraph id="ID3303549e08a64c9b9afaca2e584f9bdb"><enum>(3)</enum><text>Sections 1002 and 1003 of
the Department of Defense, Emergency Supplemental Appropriations to Address
Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109–148).</text>
</paragraph></section><section commented="no" id="ID5f0f6b5f6adf4480ad6a5b889f818e3b"><enum>8096.</enum><subsection commented="no" display-inline="yes-display-inline" id="idE51C485E5F5B4F28AF1BB5F86FF3C3D5"><enum>(a)</enum><text>Not later than 60 days
after enactment of this Act, the Office of the Director of National
Intelligence shall submit a report to the congressional intelligence committees
to establish the baseline for application of reprogramming and transfer
authorities for fiscal year 2010:
<proviso><italic>Provided</italic></proviso>, That the report shall
include—</text>
<paragraph changed="added" commented="no" id="ID3048496e7ddb4adfbbab6047b9d16e9b" reported-display-style="italic"><enum>(1)</enum><text>a table for each
appropriation with a separate column to display the President's budget request,
adjustments made by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;</text>
</paragraph><paragraph changed="added" commented="no" id="ID6d246a51dd7544cabdfea07903d15695" reported-display-style="italic"><enum>(2)</enum><text>a delineation in the
table for each appropriation by Expenditure Center and project; and</text>
</paragraph><paragraph changed="added" commented="no" id="ID31630b2577804648ba06b7f9bd3e8ca8" reported-display-style="italic"><enum>(3)</enum><text>an identification of
items of special congressional interest.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="ID193102d31d7d4ca393fede1b60d1cfaa" reported-display-style="italic"><enum>(b)</enum><text>None of the funds
provided for the National Intelligence Program in this Act shall be available
for reprogramming or transfer until the report identified in subsection (a) is
submitted to the congressional intelligence committees, unless the Director of
National Intelligence certifies in writing to the congressional intelligence
committees that such reprogramming or transfer is necessary as an emergency
requirement.</text>
</subsection></section><section commented="no" id="ID42dc1e71d2a14415bcff7b662866220e"><enum>8097.</enum><text>The Director of
National Intelligence shall submit to Congress each year, at or about the time
that the President's budget is submitted to Congress that year under section
1105(a) of title 31, United States Code, a future-years intelligence program
(including associated annexes) reflecting the estimated expenditures and
proposed appropriations included in that budget. Any such future-years
intelligence program shall cover the fiscal year with respect to which the
budget is submitted and at least the four succeeding fiscal years.</text>
</section><section commented="no" id="IDf4ef9939963e46ae8443d430257d4e8a"><enum>8098.</enum><text>For the purposes of
this Act, the term <quote>congressional intelligence committees</quote> means
the Permanent Select Committee on Intelligence of the House of Representatives,
the Select Committee on Intelligence of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of the
Senate.</text>
</section><section commented="no" id="ID44feb160d55c441ea0c9eacff5f9d5d4"><enum>8099.</enum><text>The Department of
Defense shall continue to report incremental contingency operations costs for
Operation Iraqi Freedom and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution Report as prescribed in the Department of Defense
Financial Management Regulation Department of Defense Instruction 7000.14,
Volume 12, Chapter 23 <quote>Contingency Operations</quote>, Annex 1, dated
September 2005.</text>
</section><section commented="no" id="IDFEFA069BBE4348B4B02254520B030EE1"><enum>8100.</enum><text>The amounts
appropriated in title II of this Act are hereby reduced by
$500,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:</text>
<paragraph commented="no" id="ID0E6E4C976274478F8DCDC032A99AB5C2"><enum></enum><text>From <quote>Operation and Maintenance,
Air Force</quote>, $500,000,000.</text>
</paragraph></section><section commented="no" id="idB358D9FF774748B79F45AAA4ECFF76D0"><enum>8101.</enum><text display-inline="yes-display-inline">During the current fiscal year, not to
exceed $10,000,000 from each of the
appropriations made in title III of this Act for <quote>Operation and
Maintenance, Army</quote>, <quote>Operation and Maintenance, Navy</quote>, and
<quote>Operation and Maintenance, Air Force</quote> may be transferred by the
military department concerned to its central fund established for Fisher Houses
and Suites pursuant to section 2493(d) of title 10, United States Code.</text>
</section><section commented="no" display-inline="no-display-inline" id="idD78D968D1B1F4CA1A1837E271E74FE04" section-type="subsequent-section"><enum>8102.</enum><text display-inline="yes-display-inline">Of the funds appropriated in the
Intelligence Community Management Account for the Program Manager for the
Information Sharing Environment, $24,000,000 is
available for transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide information sharing
activities:
<proviso><italic>Provided</italic></proviso>, That funds transferred
under this provision are to be merged with and available for the same purposes
and time period as the appropriation to which transferred:
<proviso><italic>Provided further</italic></proviso>,
That the Office of Management and Budget must approve any transfers made under
this provision.</text>
</section><section commented="no" display-inline="no-display-inline" id="idF1F7F089E98A466495C4ACCD041E71E8" section-type="subsequent-section"><enum>8103.</enum><text display-inline="yes-display-inline">Funds appropriated by this Act for
operation and maintenance shall be available for the purpose of making
remittances to the Defense Acquisition Workforce Development Fund in accordance
with the requirements of section 1705 of title 10, United States Code.</text>
</section><enum>IX</enum>
<appropriations-major id="idDDC0E2EDB68B40DA8978ED2DD3F4DF92"><header>OVERSEAS CONTINGENCY
OPERATIONS</header>
</appropriations-major><appropriations-major id="id524b056f-ab08-4e86-bc8b-334fb3a0f7f0"><header>military
personnel</header>
</appropriations-major><appropriations-intermediate id="id9ec2b924-e7b6-45d3-b8f7-86783ca200f9"><header>Military personnel, army</header><text display-inline="no-display-inline">For an additional amount for <quote>Military
Personnel, Army</quote>,
$9,597,340,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id463cc816-bb09-42f3-958a-e9ec6a2bbcff"><header>Military personnel, navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Military
Personnel, Navy</quote>,
$1,175,601,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id5ed76cb9-fe10-46cb-a4b4-44db3e6bbe08"><header>Military personnel, marine
corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Personnel, Marine Corps</quote>,
$670,722,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id5470ccfc-4da3-4e8f-abc1-91a340f39cb1"><header>Military personnel, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Military Personnel, Air Force</quote>,
$1,445,376,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idadc6f708-359e-438c-8476-f9a9f0ae6a37"><header>Reserve personnel, army</header><text display-inline="no-display-inline">For an additional amount for <quote>Reserve
Personnel, Army</quote>,
$293,637,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id3c02a960-6a7f-4412-a7e4-cf3a4a20328c"><header>Reserve personnel, navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Reserve
Personnel, Navy</quote>,
$37,040,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idb3585ca1-7986-4fb3-915c-da864289626a"><header>Reserve personnel, marine
corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Reserve Personnel, Marine Corps</quote>,
$31,337,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idba45fd45-5bd8-4a00-8631-544c31ddcad4"><header>Reserve personnel, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Reserve Personnel, Air Force</quote>,
$19,822,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id05ca906f-661a-4d2f-8591-42ceba853072"><header>National guard personnel,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>National Guard Personnel, Army</quote>,
$824,966,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id9eebfc41-47ef-4520-a018-e2d6c03dd2b3"><header>National guard personnel, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>National Guard Personnel, Air Force</quote>,
$9,500,000.</text>
</appropriations-intermediate><appropriations-major id="idf460739c-e968-4a3a-acfe-9cf18707575b"><header>Operation and
maintenance</header>
</appropriations-major><appropriations-intermediate id="id6897361a-9996-40d4-88f5-647d37606870"><header>Operation and maintenance,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Army</quote>,
$51,928,167,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id2b7b80c7-aeae-4f27-a6cd-276a165f7aa9"><header>Operation and maintenance,
navy</header>
</appropriations-intermediate><appropriations-small id="id2d397238-f596-425c-93f5-c3b6adf077ce"><text display-inline="no-display-inline">For an
additional amount for <quote>Operation and Maintenance, Navy</quote>,
$5,899,597,000.</text>
</appropriations-small><appropriations-intermediate id="idef4d1019-5797-4f2a-a117-cea942bcc263"><header>Operation and maintenance, marine
corps</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Marine Corps</quote>,
$3,775,270,000.</text>
</appropriations-intermediate><appropriations-intermediate id="ide4e9b178-3cb2-4977-8afa-edd4f7ef708c"><header>Operation and maintenance, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Air Force</quote>,
$9,929,868,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id02e34112-19b6-4d75-a697-e252a4448509"><header>Operation and maintenance,
defense-Wide</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Defense-Wide</quote>,
$7,550,900,000, of
which:</text>
<paragraph id="id4f6a285d-b292-441d-a27e-a2ce09ff71fc"><enum>(1)</enum><text>Not to exceed
$12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi Freedom and Operation
Enduring Freedom; and</text>
</paragraph><paragraph id="id35487c50-64a5-4ee7-8aa3-a88f709f664c"><enum>(2)</enum><text display-inline="yes-display-inline">Not to exceed
$1,600,000,000, to remain available until
expended, for payments to reimburse key cooperating nations for logistical,
military, and other support, including access provided to United States
military operations in support of Operation Iraqi Freedom and Operation
Enduring Freedom, notwithstanding any other provision of law:
<proviso><italic>Provided</italic></proviso>, That such reimbursement
payments may be made in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in consultation with the Director of
the Office of Management and Budget, may determine, in his discretion, based on
documentation determined by the Secretary of Defense to adequately account for
the support provided, and such determination is final and conclusive upon the
accounting officers of the United States, and 15 days following notification to
the appropriate congressional committees:
<proviso><italic>Provided further</italic></proviso>,
That these funds may be used for the purpose of providing specialized training
and procuring supplies and specialized equipment and providing such supplies
and loaning such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and Afghanistan, and 15
days following notification to the appropriate congressional committees:
<proviso><italic>Provided further</italic></proviso>,
That the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided in this
paragraph.</text>
</paragraph></appropriations-intermediate><appropriations-intermediate id="idb659543b-c753-4a22-9dc4-d33fc6d9850e"><header>Operation and maintenance, army
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Army Reserve</quote>,
$234,898,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idf54bd52f-da1a-4fba-9400-b9d642360927"><header>Operation and maintenance, navy
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Navy Reserve</quote>,
$68,059,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id45370c02-84c0-4b59-bdea-374a82ba8d8e"><header>Operation and maintenance, marine corps
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Marine Corps Reserve</quote>,
$86,667,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id2a27da0a-1777-4781-82cf-9341c3b6ca89"><header>Operation and maintenance, air force
reserve</header><text display-inline="no-display-inline">For an additional
amount for <quote>Operation and Maintenance, Air Force Reserve</quote>,
$125,925,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id4682653c-fd16-4ba3-8e19-6c951d7bb070"><header>Operation and maintenance, army
national guard</header><text display-inline="no-display-inline">For an
additional amount for <quote>Operation and Maintenance, Army National
Guard</quote>,
$450,246,000.</text>
</appropriations-intermediate><appropriations-intermediate id="id844b4088-5934-472d-8e40-db9235638162"><header>Operation and maintenance, air national
guard</header><text display-inline="no-display-inline">For an additional amount
for <quote>Operation and Maintenance, Air National Guard</quote>,
$289,862,000.</text>
</appropriations-intermediate><appropriations-intermediate id="idf5d9bc26-dec8-44ba-9d39-ef4969a5c6bc"><header>Afghanistan security forces
fund</header>
</appropriations-intermediate><appropriations-small id="id407e888a-b6b5-4eac-85e5-613f08b9ccba"><text display-inline="no-display-inline">For
the <quote>Afghanistan Security Forces Fund</quote>,
$6,562,769,000, to remain available until
September 30, 2011:
<proviso><italic>Provided</italic></proviso>, That such funds shall be
available to the Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Commander, Combined Security Transition
Command—Afghanistan, or the Secretary's designee, to provide assistance, with
the concurrence of the Secretary of State, to the security forces of
Afghanistan, including the provision of equipment, supplies, services,
training, facility and infrastructure repair, renovation, and construction, and
funding:
<proviso><italic>Provided further</italic></proviso>, That
the authority to provide assistance under this heading is in addition to any
other authority to provide assistance to foreign nations:
<proviso><italic>Provided further</italic></proviso>, That
contributions of funds for the purposes provided herein from any person,
foreign government, or international organization may be credited to this Fund
and used for such purposes:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense shall notify the congressional defense committees in
writing upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and the specific use
of such contributions:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense shall, not fewer than 15 days prior to obligating from
this appropriation account, notify the congressional defense committees in
writing of the details of any such obligation.</text>
</appropriations-small><appropriations-major id="id8532e4fe-77b6-4e2d-9fe5-f7c940f49206"><header>procurement</header>
</appropriations-major><appropriations-intermediate id="id7fab1b26-d1ac-48b5-a7cb-8ab124411956"><header>Aircraft procurement,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Army</quote>,
$1,119,319,000, to remain available until
September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idb5adf9de-be7e-47fa-b92f-def920e99d1d"><header>Missile procurement, army</header><text display-inline="no-display-inline">For an additional amount for <quote>Missile
Procurement, Army</quote>, $475,954,000, to
remain available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id18a43b42-e9d6-4868-bb8f-590772e93c2b"><header>Procurement of weapons and tracked
combat vehicles, army</header><text display-inline="no-display-inline">For an
additional amount for <quote>Procurement of Weapons and Tracked Combat
Vehicles, Army</quote>, $875,866,000, to remain
available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idf4f9c4c1-1ac9-4d85-beb4-e2516125e658"><header>Procurement of ammunition,
army</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement of Ammunition, Army</quote>,
$365,635,000, to remain available until
September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id6c1e2945-7c02-4814-bdd0-6a1101e4944a"><header>Other procurement, army</header><text display-inline="no-display-inline">For an additional amount for <quote>Other
Procurement, Army</quote>, $4,874,176,000, to
remain available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id1d7f64e9-f7b2-41e2-8d1a-a9d7b1376c87"><header>Aircraft procurement,
navy</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Navy</quote>,
$1,342,577,000, to remain available until
September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id20be4873-c3d9-4978-bc79-1e0e92a081bd"><header>Weapons procurement, navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Weapons
Procurement, Navy</quote>, $50,700,000, to
remain available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idaf46289a-d5c4-42ba-b2aa-495e4a142e6b"><header>Procurement of ammunition, navy and
marine corps</header><text display-inline="no-display-inline">For an additional
amount for <quote>Procurement of Ammunition, Navy and Marine Corps</quote>,
$681,957,000, to remain available until
September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idf4064a61-bbcc-477f-868b-12d104f2cc11"><header>Other procurement, navy</header><text display-inline="no-display-inline">For an additional amount for <quote>Other
Procurement, Navy</quote>, $260,118,000, to
remain available until September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="ida9b6080d-ab72-4f3a-be8a-6ac8c4560a3c"><header>Procurement, marine corps</header><text display-inline="no-display-inline">For an additional amount for
<quote>Procurement, Marine Corps</quote>,
$868,197,000, to remain available until
September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idc8894c79-426b-4456-a601-e69e30301b9d"><header>Aircraft procurement, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Aircraft Procurement, Air Force</quote>,
$736,501,000, to remain available until
September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idb818cfde-ffec-4d26-866d-c17bb5150363"><header>Missile procurement, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Missile Procurement, Air Force</quote>,
$36,625,000, to remain available until September
30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="idfd02a905-6b00-43a6-bf43-8efd777f6c7b"><header>Procurement of ammunition, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Procurement of Ammunition, Air Force</quote>,
$256,819,000, to remain available until
September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id70182943-bf9b-475d-94cf-0f07df48f4d9"><header>Other procurement, air
force</header><text display-inline="no-display-inline">For an additional amount
for <quote>Other Procurement, Air Force</quote>,
$3,138,021,000, to remain available until
September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id5dbeaab8-5914-4a48-91fb-b1d21849292d"><header>Procurement, defense-Wide</header><text display-inline="no-display-inline">For an additional amount for
<quote>Procurement, Defense-Wide</quote>,
$480,780,000, to remain available until
September 30, 2012.</text>
</appropriations-intermediate><appropriations-intermediate id="id12d0b029-bd3c-48d1-8fd9-980bbd1ae323"><header>Mine resistant ambush protected vehicle
fund</header>
</appropriations-intermediate><appropriations-small id="idb63eb976-f684-43cb-b195-ae99a8a1c458"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the Mine Resistant
Ambush Protected Vehicle Fund, $6,656,000,000,
to remain available until September 30, 2011:
<proviso><italic>Provided</italic></proviso>, That such funds shall be
available to the Secretary of Defense, notwithstanding any other provision of
law, to procure, sustain, transport, and field Mine Resistant Ambush Protected
vehicles:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary shall transfer such funds only to appropriations for operation
and maintenance; procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purpose provided herein:
<proviso><italic>Provided further</italic></proviso>, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense:<proviso><italic> Provided
further</italic></proviso>, That the Secretary shall, not fewer than 10 days
prior to making transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such
transfer.</text>
</appropriations-small><appropriations-major id="id55b5f226-3678-4803-98ae-fdd274ed96cf"><header>Research, development, test and
evaluation</header>
</appropriations-major><appropriations-intermediate id="id08362370-95a3-4918-8340-22288412a95b"><header>Research, development, test and
evaluation, army</header><text display-inline="no-display-inline">For an
additional amount for <quote>Research, Development, Test and Evaluation,
Army</quote>, $57,962,000, to remain available
until September 30, 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="id1ae46f5d-b932-4ad7-aa52-7974850a647e"><header>Research, development, test and
evaluation, navy</header><text display-inline="no-display-inline">For an
additional amount for <quote>Research, Development, Test and Evaluation,
Navy</quote>, $84,180,000, to remain available
until September 30, 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="ida88b1184-8efc-4166-8529-95df1922357e"><header>Research, development, test and
evaluation, air force</header><text display-inline="no-display-inline">For an
additional amount for <quote>Research, Development, Test and Evaluation, Air
Force</quote>, $39,286,000, to remain available
until September 30, 2011.</text>
</appropriations-intermediate><appropriations-intermediate id="idf14e9c96-797c-426c-89e5-a3eb483ac1df"><header>Research, development, test and
evaluation, defense-Wide</header><text display-inline="no-display-inline">For
an additional amount for <quote>Research, Development, Test and Evaluation,
Defense-Wide</quote>, $112,196,000, to remain
available until September 30, 2011.</text>
</appropriations-intermediate><appropriations-major id="idbbdc5a2f-23db-450e-b4d4-4539c627db2d"><header>revolving and management
funds</header>
</appropriations-major><appropriations-intermediate id="id2db2b534-9e9a-4476-a0a4-7c7dce930e30"><header>Defense working capital
funds</header><text display-inline="no-display-inline">For an additional amount
for <quote>Defense Working Capital Funds</quote>,
$412,215,000.</text>
</appropriations-intermediate><appropriations-major id="id2de9e260-a20e-425c-8ed6-d52bc0985533"><header>other department of defense
programs</header>
</appropriations-major><appropriations-intermediate id="idd5f8922c-156a-4e7b-8bdd-2e6875cfd672"><header>Defense health program</header><text display-inline="no-display-inline">For an additional amount for <quote>Defense
Health Program</quote>, $1,563,675,000, which
shall be for operation and maintenance.</text>
</appropriations-intermediate><appropriations-intermediate id="ideb58aa70-d5e4-43fe-9dc1-64b27b1bb5a7"><header>Drug interdiction and counter-drug
activities</header>
</appropriations-intermediate><appropriations-small id="idc38d62d0-dcfa-48e7-8d7c-7a52419e838a"><text display-inline="no-display-inline">For an
additional amount for <quote>Drug Interdiction and Counter-Drug
Activities</quote>, $353,603,000, to remain
available until September 30, 2011.</text>
</appropriations-small><appropriations-intermediate id="idc6efc911-75be-4959-a7d9-152c71947d82"><header>Joint improvised explosive device
defeat fund</header>
</appropriations-intermediate><appropriations-small id="idca06420c-2167-40d3-8f83-3a7aba7fee09"><header>(including transfer of
funds)</header><text display-inline="no-display-inline">For the <quote>Joint
Improvised Explosive Device Defeat Fund</quote>,
$2,033,560,000, to remain available until
September 30, 2012:
<proviso><italic>Provided</italic></proviso>, That such funds shall be
available to the Secretary of Defense, notwithstanding any other provision of
law, for the purpose of allowing the Director of the Joint Improvised Explosive
Device Defeat Organization to investigate, develop and provide equipment,
supplies, services, training, facilities, personnel and funds to assist United
States forces in the defeat of improvised explosive devices:
<proviso><italic>Provided further</italic></proviso>, That
within 60 days of the enactment of this Act, a plan for the intended management
and use of the amounts provided under this heading shall be submitted to the
congressional defense committees:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense shall submit a report not later than 60 days after the
end of each fiscal quarter to the congressional defense committees providing
assessments of the evolving threats, individual service requirements to counter
the threats, the current strategy for predeployment training of members of the
Armed Forces on improvised explosive devices, and details on the execution of
this Fund:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense may transfer funds provided herein to appropriations
for operation and maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the purpose
provided herein:
<proviso><italic>Provided further</italic></proviso>, That
amounts transferred shall be merged with and available for the same purposes
and time period as the appropriations to which transferred:
<proviso><italic>Provided further</italic></proviso>, That
this transfer authority is in addition to any other transfer authority
available to the Department of Defense:
<proviso><italic>Provided further</italic></proviso>, That
the Secretary of Defense shall, not fewer than 15 days prior to making
transfers from this appropriation, notify the congressional defense committees
in writing of the details of any such transfer.</text>
</appropriations-small><appropriations-intermediate id="ide47b79e0-edb4-43ab-bae9-3123bc81b108"><header>Office of the inspector
general</header><text display-inline="no-display-inline">For an additional
amount for the <quote>Office of the Inspector General</quote>,
$8,876,000.</text>
</appropriations-intermediate><appropriations-major id="idb2559983-513a-4fda-aa52-4556e7e5a9e2"><header>general provisions—this
title</header>
</appropriations-major><section id="id4d8c8f86-44b3-4ca8-8cd1-7bcee6ba3245"><enum>9001.</enum><text>Notwithstanding any
other provision of law, funds made available in this title are in addition to
amounts appropriated or otherwise made available for the Department of Defense
for fiscal year 2010.</text>
<appropriations-small id="idbfa779a5-370b-4ede-9f75-dadc6402fff8"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="id9b4063c2-2188-4a8b-82bf-c42314c592b3"><enum>9002.</enum><text display-inline="yes-display-inline">Upon the determination of the Secretary of
Defense that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget, transfer up to
$4,000,000,000 between the appropriations or
funds made available to the Department of Defense in this title:
<proviso><italic>Provided</italic></proviso>, That the Secretary
shall notify the Congress promptly of each transfer made pursuant to the
authority in this section:
<proviso><italic>Provided further</italic></proviso>,
That the authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and is subject to the
same terms and conditions as the authority provided in the Department of
Defense Appropriations Act, 2010:
<proviso><italic>Provided further</italic></proviso>,
That the amount in this section is designated as being for overseas deployments
and other activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.</text>
</section><section id="id7f09313e-94e7-46e1-b35b-7c60563223d9"><enum>9003.</enum><text display-inline="yes-display-inline">Supervision and administration costs
associated with a construction project funded with appropriations available for
operation and maintenance or the <quote>Afghanistan Security Forces
Fund</quote> provided in this Act and executed in direct support of overseas
contingency operations in Afghanistan, may be obligated at the time a
construction contract is awarded:
<proviso><italic>Provided</italic></proviso>, That for the purpose of
this section, supervision and administration costs include all in-house
Government costs.</text>
</section><section id="ID3c51d380b5b144feb5d5727ceb4cde02"><enum>9004.</enum><text>From funds made
available in this title, the Secretary of Defense may purchase for use by
military and civilian employees of the Department of Defense in Iraq and
Afghanistan: (a) passenger motor vehicles up to a limit of
$75,000 per vehicle and (b) heavy and light
armored vehicles for the physical security of personnel or for force protection
purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the purchase of
passenger carrying vehicles.</text>
</section><section id="ida268fc39-c4cb-463f-a862-be4b2b74e78c"><enum>9005.</enum><text display-inline="yes-display-inline">Not to exceed
$1,200,000,000 of the amount appropriated in
this title under the heading <quote>Operation and Maintenance, Army</quote> may
be used, notwithstanding any other provision of law, to fund the Commander's
Emergency Response Program, for the purpose of enabling military commanders in
Iraq and Afghanistan to respond to urgent humanitarian relief and
reconstruction requirements within their areas of responsibility:
<proviso><italic>Provided</italic></proviso>, That not later than 15
days after the end of each fiscal year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report regarding the source of
funds and the allocation and use of funds during that quarter that were made
available pursuant to the authority provided in this section or under any other
provision of law for the purposes described herein.</text>
</section><section id="id0ed88784-d93a-421c-8d6f-443e60e30fef"><enum>9006.</enum><text display-inline="yes-display-inline">Funds available to the Department of
Defense for operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation, including
airlift and sealift, and other logistical support to coalition forces
supporting military and stability operations in Iraq and Afghanistan:
<proviso><italic>Provided</italic></proviso>, That the Secretary of
Defense shall provide quarterly reports to the congressional defense committees
regarding support provided under this section.</text>
</section><section id="id59EEB655FF02432586AFFB6E89478B94"><enum>9007.</enum><text display-inline="yes-display-inline">Each amount in this title is designated as
being for overseas deployments and other activities pursuant to section
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.</text>
</section><section id="id20532597-e919-4cbe-8e6c-b0536378ac38"><enum>9008.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this or any other Act shall be obligated or expended by the
United States Government for a purpose as follows:</text>
<paragraph id="idbc604dc6-a169-439c-9292-b5ca223238c5"><enum>(1)</enum><text>To establish any military
installation or base for the purpose of providing for the permanent stationing
of United States Armed Forces in Iraq.</text>
</paragraph><paragraph id="id9ee6d654-a422-4093-a184-2a8d138404aa"><enum>(2)</enum><text>To exercise United States
control over any oil resource of Iraq.</text>
</paragraph><paragraph id="idda753fb5-9da3-499b-becf-ef1401ee15f2"><enum>(3)</enum><text>To establish any military
installation or base for the purpose of providing for the permanent stationing
of United States Armed Forces in Afghanistan.</text>
</paragraph></section><section id="idAD7C39831F804F408DD8B0250DBFEFF1"><enum>9009.</enum><subsection commented="no" display-inline="yes-display-inline" id="id509DD4D70E4E4FB1973A2E828994B3B2"><enum>(a)</enum><text display-inline="yes-display-inline">The Director of the Office of Management
and Budget, in consultation with the Secretary of Defense; the Commander of the
United States Central Command; the Commander, Multi-National Security
Transition Command—Iraq; and the Commander, Combined Security Transition
Command—Afghanistan, shall submit to the congressional defense committees not
later than 45 days after the end of each fiscal quarter a report on the
proposed use of all funds appropriated by this or any prior Act under each of
the headings <quote>Iraq Security Forces Fund</quote>, <quote>Afghanistan
Security Forces Fund</quote>, and <quote>Pakistan Counterinsurgency
Fund</quote> on a project-by-project basis, for which the obligation of funds
is anticipated during the 3-month period from such date, including estimates by
the commanders referred to in this section of the costs required to complete
each such project.</text>
</subsection><subsection changed="added" id="id264D5CC7FF04496389532B60443727EB" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">The report required by this subsection
shall include the following:</text>
<paragraph id="idFBF52693D9F9470CBBBDE99877A29ADE"><enum>(1)</enum><text display-inline="yes-display-inline">The use of all funds on a
project-by-project basis for which funds appropriated under the headings
referred to in subsection (a) were obligated prior to the submission of the
report, including estimates by the commanders referred to in subsection (a) of
the costs to complete each project.</text>
</paragraph><paragraph id="id0D11765EA1FF481DB02275F5C2A9D3AF"><enum>(2)</enum><text>The use of all funds on a
project-by-project basis for which funds were appropriated under the headings
referred to in subsection (a) in prior appropriations Acts, or for which funds
were made available by transfer, reprogramming, or allocation from other
headings in prior appropriations Acts, including estimates by the commanders
referred to in subsection (a) of the costs to complete each project.</text>
</paragraph><paragraph id="id9CC85D1736274853ACC73013C62C1944"><enum>(3)</enum><text>An estimated total cost
to train and equip the Iraq, Afghanistan, and Pakistan security forces,
disaggregated by major program and sub-elements by force, arrayed by fiscal
year.</text>
</paragraph></subsection><subsection changed="added" id="id9E2BFC5EF84F46EF9B83452611FD00DB" reported-display-style="italic"><enum>(c)</enum><text display-inline="yes-display-inline">The Secretary of Defense shall notify the
congressional defense committees of any proposed new projects or transfers of
funds between sub-activity groups in excess of
$20,000,000 using funds appropriated by this or
any prior Act under the headings <quote>Iraq Security Forces Fund</quote>,
<quote>Afghanistan Security Forces Fund</quote>, and “Pakistan
Counterinsurgency Fund”.</text>
</subsection></section><section id="idF7CE77724D914639B08B346D507596A1"><enum>9010.</enum><text display-inline="yes-display-inline">(a) None of the funds appropriated or
otherwise made available by this Act or any prior Act may be used to transfer,
release, or incarcerate any individual who was detained as of October 1, 2009,
at Naval Station, Guantanamo Bay, Cuba, to or within the United States or its
territories.</text>
<subsection id="idCD6D25B6B69D4D2C8C2DC6A1C306186B"><enum>(b)</enum><text>In this section, the term
<quote>United States</quote> means the several States and the District of
Columbia.</text>
</subsection></section><section id="idA8789131FE6B4446A28545A518B3F4E7"><enum>9011.</enum><text display-inline="yes-display-inline">In addition to amounts made available
elsewhere in this title there is hereby appropriated
$329,000,000 for the purchase of fuel to the
following accounts in the specified amounts:</text>
<paragraph id="id8377BB95EEE24199BD999961B7165A41"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance,
Army</quote>, $83,552,000;</text>
</paragraph><paragraph id="id7C5F453A1C674FB8BD27E538D2526FB0"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance,
Navy</quote>, $33,889,000;</text>
</paragraph><paragraph id="id30100DFE0E2B4638A325F3E0078E13AA"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Marine
Corps</quote>, $1,619,000;</text>
</paragraph><paragraph id="id8CA87442A4964EA0B94B3772D39D7236"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Air
Force</quote>, $179,191,000;</text>
</paragraph><paragraph id="id9BEE0B0E5CFA4B29BAC04D2248694BEE"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Army
Reserve</quote>, $8,567,000;</text>
</paragraph><paragraph id="idBD84B64DCA8A4E1FB15D154D4CE81944"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Navy
Reserve</quote>, $3,007,000;</text>
</paragraph><paragraph id="id7A1199AA75B0459FA8E27A9FB85962BF"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Marine
Corps Reserve</quote>, $39,000; and</text>
</paragraph><paragraph id="idAD57E4A716C84E83A568D5EFF14E1637"><enum></enum><text display-inline="yes-display-inline"><quote>Operation and Maintenance, Army
National Guard</quote>, $19,136,000.</text>
</paragraph></section><appropriations-small id="id827A83A07CA14146840265AF24FB5E63"><text display-inline="no-display-inline">This
Act may be cited as the <quote><short-title>Department of
Defense Appropriations Act,
2010</short-title></quote>.</text><text></text>
</appropriations-small>
August 3, 2009
Received; read twice and referred to the Committee on
Appropriations
September 10, 2009
Reported with an amendment