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Page:United States Statutes at Large Volume 123.djvu/3436

 123STA T . 3 4 1 6PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 av a il a b l e b yth i s a p p ro priatio n to other appropriations m a d e avail - able to the D epartment o f the A ir F or c e , to be mer g ed w ith and to be available for the same p u rposes and for the same time period as the appropriations to which transferred
 * Provide

d fu r th er, T hat 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 bac k to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act .ENVIRO N ME N TALR E S TORATION, DE F ENSE- W I D E ( IN C L U DIN G TRANSFER OF FUNDS ) For the Department of Defense, $1 1,1 0 0,000, to remain avail- able until transferred: Provided, That the S ecretary of Defense shall, upon determining that such funds are re q uired for environ- mental restoration, reduction and recycling of ha z ardous 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 appro- priations to which transferred: Provided further, That upon a deter- mination that all or part of the funds transferred from this appro- priation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. ENVIRONMENTAL RESTORATION, FORMERL YU SED DEFENSE SITES (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $ 29 2, 7 00,000, to remain available until transferred: Provided, That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense, transfer the funds made avail- able by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. O VERSEAS H UMANITARIAN, DISASTER, AND C IVIC AID For e x penses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense ( consisting of the programs provided under sections 4 01, 402, 404, 407, 2 5 57, Det e rmina ti o n s. Determination.


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Page:United States Statutes at Large Volume 123.djvu/3437

 123STA T . 3 4 1 7PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 and2561ofti t le 1 0,U nited S tate sC ode ), $ 10 9 , 8 69,000, to r e m ain a v aila b le u ntil Se p tember 3 0, 2011 . C O O PERATIV E TH REAT R E DUC TIO NA CCOUNT F or assistan c etot h e republics of the former Soviet Union and, w ith appropriate authori z ation b y the D epartment of Defense and Department of State, to countries outside of the former Soviet Union, includin g 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 compo - nents, and weapon-related technology and e x pertise; for programs relating to the training and support of defense and military per- sonnel for demilitarization and protection of weapons, weapons components and weapons technology and expertise, and for defense and military contacts, $ 4 24,093,000, to remain available until Sep- tember 30, 2012
 * Provide

d, 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 E ast and N orth. DEPART M ENT O F DEFEN S EAC Q UISITION W OR K FORCE DEVE L OPMENT FUND For the Department of Defense Ac q uisition Wor k force Develop- ment Fund, $100,000,000. T I T L E III P R O CURE M ENT AIRCRAFT PROCUREMENT, ARM Y For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; special- ized 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 G overnment and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $5,093,822,000, to remain available for obligation until September 30, 2012. MISSILE PROCUREMENT, ARMY For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; special- ized 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

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Page:United States Statutes at Large Volume 123.djvu/3438

 123STA T . 3 4 1 8PUBLIC LA W 111 – 118 —DE C.1 9, 2 0 09 procu r em e nta n di n s ta l lation o f e q uipment , appliances, and mac h ine tools in pu b lic and pri v ate plants reserve plant and G overnment and contractor - o w ned equipment la y away; and other e x penses necessary for the fore g oing purposes, $1, 25 1, 0 5 3 ,000, to remain available for obligation until S eptember 30, 2012 .PROCU R EM E NT O FW E AP ON S AN DT RAC K ED C OM B AT V E HI C L ES, A RM YF or construction, procurement, production, and modification of weapons and trac k ed combat vehicles, equipment, including ord- nance, spare parts, and accessories therefor; speciali z ed 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, $2,335, 8 0 7 ,000, to remain available for obligation until September 30, 2012. PROCUREMENT OF AMMUNITION, ARMY For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 285 4 of title 10, U nited 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, $2,05 6 ,115,000, to remain available for obligation until September 30, 2012. O THER PROCUREMENT, ARMY For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; and the purchase of eight vehicles required for physical secu- rity of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $250,000 per vehicle; commu- nications 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, $8,582,660,000, to remain available for obligation until September 30, 2012.


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Page:United States Statutes at Large Volume 123.djvu/3439

 123STA T . 3 4 1 9PUBLIC LA W 111 – 11 8—DE C. 19 , 2 0 09 AIRC R AFTP R O C U R EM E N T ,N A VYForc o nst r u ct i on, p rocur em ent, pro d uction, modi f ic a tion, and moderni z ation of aircraft, e q uipment, inc l udin g ordnance, spare parts, and accessories t h erefor specialized equipment; e x pansion of pu b lic and pri v ate plants, including the land necessar y 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 G overnment and contractor - o w ned equipment layaway, $18, 643 , 2 21, 0 00, to remain available for obligation until S eptember 30, 2012 .W EA P ON S PROCUREMENT, NAVY For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $3,3 57 ,572,000, to remain available for obligation until September 30, 2012. PROCUREMENT OF AMMUNITION, NAVY AN DM ARINE C ORPS 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, U nited 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, $800,651,000, to remain available for obligation until September 30, 2012. S H IP B UI L DIN G AND CONVERSION, NAVY For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expan- sion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows Carrier R eplacement Program, $73 9 ,269,000; Carrier Replacement Program ( AP ) , $484,432,000; NSSN, $1,964,317,000;


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Page:United States Statutes at Large Volume 123.djvu/3440

 123STA T . 3 4 2 0PUBLIC LA W 111 – 11 8—DE C.1 9, 2009 NS SN (AP),$1 , 95 9, 72 5, 0 00 N Refu e ling , $1,5 63 ,602,000; CVN Refueling s (AP), $211, 8 20,000; D D G– 1000 P ro gr am, $1,382,797,000; DDG–51 Des t ro y er, $1,912,267,000; DDG–51 Destroyer (AP), $578,996,000; L ittoral Com b atS h i p , $1,080,000,000; LPD–17, $872,392,000; LPD–17 (AP), $18 4 ,555,000; L H A–R (AP), $170,000,000; I ntratheater Conne c tor, $177,956,000; LCAC Ser v ice Life Ex tension Program, $63,857,000; Prior year shipbuil d ing costs, $144,950,000; Service Craft, $3,694,000; and F or outfitting, post delivery, conversions, and first destina - tion transportation, $386,903,000 . In all $13,881,532,000, to remain available for obligation until September 30, 2014: Provide d, T hat additional obligations may be incurred after September 30, 2014, for engineering services, tests, evaluations, and other such budgeted w or k that must be performed in the final stage of ship construction: Provided fu r th er, That none of the funds provided under this heading for the construc- tion or conversion of any naval vessel to be constructed in shipyards in the U nited States shall be expended in foreign facilities for the construction of ma j or components of such vessel: Provided fur - ther, That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards. OTHER PR OCU RE M E N T,N AVY For procurement, production, and moderni z ation of support e q uipment 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, $5,441,234,000, to remain available for obligation until September 30, 2012. PROCUREMENT, M AR I NE COR PS 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,
 * CV


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Page:United States Statutes at Large Volume 123.djvu/3441

 123STA T . 3 4 21 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 $1,52 1,5 0 5,000, toremain a v ai l a b le f or obli g ation u ntil S e p tember 3 0, 2012 .AIRC R AFTP R O C U R EM E N T, AIR F ORCE For c on s truction, procurement, an d modification of aircraft and e q uipment, including armor and armament, speciali z ed ground h an - dling equipment, and training devices, spare parts, and accessories therefor specialized equipment; e x pansion of public and private plants, G overnment-o w ned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, ma y be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equip- ment layaway; and other expenses necessary for the foregoing pur- poses including rents and transportation of things, $13,2 9 5, 47 4,000, to remain available for obligation until September 30, 2012; Pro-vide d, T hat none of the funds provided in this Act for modification of C– 17 aircraft may be obligated until all C–17 contracts funded with prior year ‘ ‘Aircraft Procurement, Air Force ’ ’ appropriated funds are definitized unless the Secretary of the Air Force certifies in writing to the congressional defense committees that each such obligation is necessary to meet the needs of a warfighting require- ment or prevents increased costs to the taxpayer and provides the reasons for failing to definitize the prior year contracts along with the prospective contract definitization schedule. M I S SI L E PROCUREMENT, AIR FORCE For construction, procurement, and modification of missiles, spacecraft, roc k ets, 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 struc- tures, 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, $5,995,544,000, to remain available for obligation until September 30, 2012. PROCUREMENT OF AMMUNITION, AIR FORCE For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2 8 54 of title 10, U nited 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, $801,550,000, to remain available for obligation until September 30, 2012. Certif i ca ti on.


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Page:United States Statutes at Large Volume 123.djvu/3442

 123STA T . 3 4 22 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 OTHERP R OCU RE M E N T ,AI R F ORCE F orp ro cu r em e nta n d mod if ication of e q uipment ( inc l udin g ground guidance and electronic control equipment, and ground elec - tronic and communication equipment ) , and s upplies, materials, and spare parts t h erefor, not other w ise pro v ided for the purchase of passenger motor vehicles for replacement onl y , and the purchase of two vehicles required for physical security of personnel, notwith- standing price limitations applica b le to passenger vehicles but not toe x ceed $250 ,000 per vehicle; lease of passenger motor vehicles; and expansion of public and private plants, G overnment-owned equipment and installation thereof in such plants, erection of struc- tures, 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 ,1 38 ,23 9 ,000, to remain available for obligation until S eptember 30, 2012 . PROCUREMENT, D E F EN S E- W I D E 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 ,050,537,000, to remain available for obligation until September 30, 2012. DEFENSE PRODUCTION ACT PURCH A SES For activities by the Department of Defense pursuant to sec- tions 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U .S. C . App. 2078, 2091, 2092, and 2093), $150,74 6 ,000, to remain available until expended. TI T LE I VR ESEARC H , DEVELOP M E N T, TEST AND EVALUATION RESEARCH, DE V E L O P MENT, TEST AND EVALUATION, ARM Y For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $11,474,180,000, to remain available for obligation until September 30, 2011. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,


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Page:United States Statutes at Large Volume 123.djvu/3443

 123STA T . 3 4 23 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 $20, 00 3, 46 3,000, toremain a v ai l a b le f or obli g ation u ntil S e p tember 30, 20 1 1
 * Provide

d, Th at fun ds appropriated in this paragraph w hi c h are available for the V– 22 ma y be used to meet uni q ue operational requirements of the Special O perations F orces: Provided fu r th er, That funds appropriated in this paragraph shall be avail - able for the C obra J udy program .RES E ARCH , D E V E LOPM E NT , TEST AN DE VAL U AT I ON, A IR FORCE For e x penses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $2 8 ,121, 9 8 5 ,000, to remain available for obligation until September 30, 2011. RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DE F ENSE- W IDE 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 pro j ects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $20, 7 47,081,000, to remain available for obligation until September 30, 2011, of which $2,500,000 shall be available only for the M issile Defense Agency to construct a replacement P atriot launcher pad for the Japanese Ministry of Defense. OPERATIONAL TEST AND EVALUATION, DEFENSE For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evalua- tion, in the direction and supervision of operational test and evalua- tion, including initial operational test and evaluation which is con- ducted prior to, and in support of, production decisions; joint oper- ational testing and evaluation; and administrative expenses in connection therewith, $190,770,000, to remain available for obliga- tion until September 30, 2011. T I T L EV REVOLVI NG AND MANAGEMENT F U NDS DEFENSE WOR K IN G CAPITAL FUNDS For the Defense Wor k ing Capital Funds, $1,455,004,000. NATIONAL DEFENSE SEALIFT FUND For National Defense Sealift Fund programs, projects, and activities, and for expenses of the National Defense Reserve Fleet, as established by section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $1,672,758,000, to remain available until expended: Provided, That none of the funds provided in this paragraph shall be used to award a new contract that provides for the acquisition of any of the following major Contrac t s.


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Page:United States Statutes at Large Volume 123.djvu/3444

 123STA T . 3 4 24 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 comp o ne n tsu n l ess suc h components ar e manu f acture di n the U nited S tates au x iliar y e q uipment , includin g pumps, for all ship -b oard ser v ices propulsion system components ( engines, reduction gears, and propellers ) board cranes: Provide d fu r th er, T hat the exercise of an option in a contract a w arded through the obligation of previously appro- priated funds shall not be considered to be the award of a new contract: Provided further, That the Secretary of the military depart- ment responsible for such procurement may waive the restrictions in the first proviso on a case-by-case basis by certifying in writing to the C ommittees on A ppropriations of the H ouse of R epresenta- tives and the Senate that adequate domestic supplies are not avail- able to meet D epartment of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes . T I T LEV I O THER DE P ART M E N TO F DEFENSE PRO G RAMS D EF E NS EHE ALTH P ROG RA M For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authori z ed by law, $29 ,2 43 ,42 8, 0 00; of which $2 7, 5 9 6 ,689,000 shall be for oper- ation and maintenance, of which not to exceed one percent shall remain available until September 30, 20 1 1, and of which up to $15,093,539,000 may be available for contracts entered into under the TRICARE program; of which $366,692,000, to remain available for obligation until September 30, 2012, shall be for procurement; and of which $1,280,047,000, to remain available for obligation until September 30, 2011, shall be for research, development, test and evaluation: Provided, That, notwithstanding any other provision of law, of the amount made available under this heading for research, development, test and evaluation, not less than $10,000,000 shall be available for HIV prevention educational activi- ties underta k en in connection with United States military training, exercises, and humanitarian assistance activities conducted pri- marily in African nations. CHEM IC AL AGENTS AN D M U NITIONS DESTRUCTION, DEFENSE For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions, to include construction of facilities, in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, $1,560,760,000, 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 $401,269,000, to remain Waiver a utho rit y.C erti f i c atio n . Contract s .
 * shipboard cranes; and spreaders for ship-


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Page:United States Statutes at Large Volume 123.djvu/3445

 123STA T . 3 4 2 5PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 av a il a b l eunt il S e p te m be r30,2 0 1 1, sh all be fo r resear c h, d evelop - ment, test and evaluation, of w hich $ 3 98, 6 69,000 shall onl y be for the A ssembled C hemical W eapons Alternatives ( ACWA ) pro- g ram .DRUGINTE R DIC TI O N A ND COUNTER-DRUG ACTI V ITIE S ,DE F ENSE ( INC L UDING TRANSFER OF FUNDS )F or drug interdiction and counter-drug activities of the Depart- ment of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve compo- nents serving under the provisions of title 10 and title 32, U nited States Code for operation and maintenance; for procurement; and for research, development, test and evaluation, $1,1 5 8,226,000
 * Pro-vide

d, T hat the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided fu r th er, 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 bac k to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act. J OINT I MP ROVISED EX PLOSIVE DEVICE DEFEAT FUND (INCLUDING TRANSFER OF FUNDS) For the ‘ ‘Joint Improvised E x plosive Device Defeat Fund ’ ’, $121,550,000 for Staff and Infrastructure: Provided, That such funds shall be available to the Secretary of Defense, notwith- standing any other provision of law, for the purpose of allowing the Director of the Joint Improvised Explosive Device Defeat O rgani z ation to investigate, develop and provide e q uipment, sup- plies, services, training, facilities, personnel and funds to assist United States forces in the defeat of improvised explosive devices: Provided further, That within 60 days of the enactment of this Act, a plan for the intended management and use of the amounts provided under this heading shall be submitted to the congressional defense committees: Provided further, That the Secretary of Defense shall submit a report not later than 60 days after the end of each fiscal quarter to the congressional defense committees pro- viding 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 impro- vised explosive devices, and details on the execution of the Fund: Provided further, That the Secretary of Defense may transfer funds provided herein to appropriations for operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein: Provided further, That amounts transferred shall be merged with and available for the same purposes and time period as the appropriations to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to Deadlin e .Not i f i c ation. R e p o r t s . Deadlines. Deadline. M ana g e m ent plan. Determination.


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Page:United States Statutes at Large Volume 123.djvu/3446

 123STA T . 3 4 2 6PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 makingtr an sfe rs fr o mt h isa p propriation , notif y the c ongressiona ld efense committees in w riting of the details of any s u ch transfer .OF F ICEO F TH E INSP ECTO RG ENER ALF ore x penses and acti v ities of the Office of the Inspector Gen - eral in carrying out the provisions of the Inspector General A ct of 1978, as amended, $2 88,1 0 0,000, of which $287,100,000 shall b e 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 S eptember 3 0, 2012, shall be for procurement. T IT LEV II R ELATE D AGE NC IES CENTRAL INTELLI G ENCE AGENC Y RETIRE M ENT AN D DISA B ILITY SYSTEM F U ND For payment to the Central Intelligence Agency Retirement and Disability System Fund, to maintain the proper funding level for continuing the operation of the Central Intelligence Agency Retirement and Disability System, $290,900,000. INTELLIGENCE COMMUNITY M ANAGEMENT ACCOUNT For necessary expenses of the Intelligence Community Manage- ment Account, $707,912,000. TITLE VIII GENERAL P ROVISIONS SEC. 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not author- i z ed by the Congress. SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the U nited States shall not apply to personnel of the Department of Defense
 * Provide

d, 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 5 332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided fu r th er, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further, That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey. Turkey.Pa yra t e s . Fo re ign nationa l s. 10USC 1 584 note.


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Page:United States Statutes at Large Volume 123.djvu/3447

 123STA T . 3 4 2 7PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 SEC.80 0 3 . Nopart o f a ny appropr i ation c ontain ed int h i sA ct sha l lre m ain a v aila b le for obli g ation beyond the c u rrent fiscal year , unless e x pressly so provided herein. SEC. 800 4 . No more than 2 0 percent of the appropriations in this Act w hich are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year
 * Provide

d, T hat this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the R eserve O fficers ’ Training C orps. (TRANSF ER O FF U N D S ) SEC. 800 5 . U pon determination by the Secretary of D efense that such action is necessary in the national interest, he may, with the approval of the Office of M anagement and B udget, transfer not to exceed $ 4,000,000,000 of wor k ing capital funds of the Depart - ment of Defense or funds made available in this Act to the Depart- ment of Defense for military functions ( except military construction ) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military re q uirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided fu r th er, That the Sec- retary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to J une 30, 20 1 0: Provided further, That trans- fers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section: Provided further, That no obligation of funds may be made pursuant to section 120 6 of P ublic L aw 10 9– 163 (or any successor provision) unless the Secretary of Defense has notified the congressional defense commit- tees prior to any such obligation. SEC. 8006. (a) W ith regard to the list of specific programs, pro j ects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled ‘ ‘ E xplanation of Project Level Adjustments’’ in the explanatory statement regarding this Act, the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act. (b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations Notif i ca tio n.De a dl ine. R e pr o g ra m ming re qu e s t. Notification.


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Page:United States Statutes at Large Volume 123.djvu/3448

 123STA T . 3 4 2 8PUBLIC LA W 111 – 118 —DE C.1 9, 2 0 09 forpu rpo se sofse cti o n80 0 5 oft h is A ct
 * Provide

d ,T h a t section 8005 sha l l appl yw hen transfers of the a m ounts d escri b ed in sub - section ( a ) occur between appropriation accounts .SEC . 800 7 . (a) N ot later than 6 0 days after enactment of this Act, the D epartment of Defense shall submit a report to the con g res- sional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2 0 1 0: Provided, That the report shall include — (1) a table for each appropriation with a separate column to display the P resident ’ s budget re q uest, ad j ustments made by C ongress, adjustments due to enacted rescissions, if appro- priate, and the fiscal year enacted le v el (2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the B udget Appendi x ( 3 ) an identification of items of special congressional interest. (b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement. SEC. 8008. The Secretaries of the Air F orce and the Army are authori z ed, using funds available under the headings ‘ ‘ O peration and M aintenance, Air Force’’ and ‘‘Operation and Maintenance, Army’’, to complete facility conversions and phased repair projects which may include upgrades and additions to Alas k an range infra- structure and training areas, and improved access to these ranges. (TRANSF ER O FF U N D S ) SEC. 800 9 . During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, U nited States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided fu r th er, That transfers may be made between working capital funds and the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and the ‘‘Operation and Maintenance’’ appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. E xcept in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. SEC. 8010. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees. SEC. 8011. 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 Contrac t s.N ot if ications. De a dl ines. 10US C 23 0 6b note. Notification. Deadline. Notification. Notification. Certification. Deadline. R e p orts. A pplicabilit y .
 * and


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Page:United States Statutes at Large Volume 123.djvu/3449

 123STA T . 3 4 2 9PUBLIC LA W 111 – 11 8—DE C. 19 , 2 0 09 yearofth e c o n tract or that i nc lud e s an unfunded contin g ent lia b ility ine x cess of $20, 000,000 or ( 2 ) a contract for ad v ance p rocure m ent leading to a multiyear contract that employs economic order q uantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 3 0 days in advance of the proposed contract a w ard
 * Pro-vide

d, T hat no part of any appropriation contained in this A ct 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 G overnment ’ s liability: Provided fu r th er, 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 $ 5 00,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 1 0 - day prior notification to the congressional defense committees: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Pro- vided further, That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract — (1) the S ecretary of D efense has submitted to C ongress 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 con- tract for which procurement funds are identified in that report for production beyond advance procurement activities in the fiscal year 2010 budget, full funding of procurement of such unit in that fiscal year; (2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract; (3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and ( 4 ) the contract does not provide for a price ad j ustment based on a failure to award a follow-on contract .F unds appropriated in title I II of this Act may be used for a multiyear procurement contract as follows: F – 1 8 aircraft variants. S EC . 8012. W ithin the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appro- priated pursuant to section 401 of title 10, U nited 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 authori z ed operations and pursuant to authority granted in section 401 of chapter 20 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code: Provided, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Terri- tories of the P acific Islands and freely associated states of M icro- nesia, pursuant to the Compact of Free Association as authorized Humanit a r ian a s sistan ce.T errit o ries. R e p orts. Reports.


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Page:United States Statutes at Large Volume 123.djvu/3450

 123STA T . 3 4 3 0PUBLIC LA W 111 – 11 8—DE C.1 9, 2009 byPu b licLaw9 9 –23 9
 * Provide

d fu r th er ,Th a t u pon a de te rm ination by the S ecretary o f the A rmy that s uch action is beneficial for g raduate medical education programs conducted at Army medical facilities located in H awaii, the Secretary of the Army may authori z e the pro v ision of medical services at such facilities and transpor - tation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the C ommonwealth of the N orthern M ariana I slands, the Marshall Islands, the F ederated States of Micronesia, Palau, and G uam . S EC. 801 3. ( a )D uring 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 sub j ect to any constraint or limitation ( k nown as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year. (b) The fiscal year 2011 budget re q uest for the Department of Defense as well as all justification material and other documenta- tion supporting the fiscal year 2011 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to fiscal year 2011. (c) Nothing in this section shall be construed to apply to military (civilian) technicians. SEC. 801 4 . None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress. SEC. 801 5 . 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 V eterans Affairs from the Department of Defense E ducation B enefits Fund when time spent as a full- time student is credited toward completion of a service commitment: Provided, That this section shall not apply to those members who have reenlisted with this option prior to O ctober 1, 198 7
 * Provided

further, That this section applies only to active components of the Army. SEC. 801 6 . (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by more than 10 Department of Defense civilian employees unless — (1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function (2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or e x ceeds the lesser of— (A) 10 percent of the most efficient organization ’ s per- sonnel-related costs for performance of that activity or func- tion by Federal employees; or (B) $ 10,000,000; and Det e rmina ti o n .C ontra c t s . Ou tsourcin g . Ap p l ica b ilit y . L obbying. B u d get re q uest. Ef fecti v e date.


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Page:United States Statutes at Large Volume 123.djvu/3451

 123STA T . 3 4 31 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 (3)thecon t ra ctor d oe s not rece iv e an advanta g e f ora p roposa l that w o u ld reduce costs for the D epart m ent of Defense by— ( A )notma k ing an employer - sponsored health insur- ance plan available to the workers who are to be employed in the performance of that activity or function under the contract or ( B ) offering to such workers an employer-sponsored health benefits plan that re q uires the employer to con- tribute 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,U nited S tates C ode . (b)( 1 ) T he Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 246 1 of title 1 0, United States Code, and notwithstanding any adminis- trative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that— (A) is included on the procurement list established pursuant to section 2 of the J avits- W agner- O’ Day Act (41 U.S.C. 4 7 ); (B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or (C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an I ndian tribe, as defined in section 4(e) of the Indian Self-Determination and E ducation Assistance Act (25 U.S.C. 450b(e)), or a N ative H awaiian Organi z ation, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)). (2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code. (c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activi- ties. (TRANSFE R O FF U N D S ) SE C . 8017. F unds appropriated in title III of this Act for the Department of Defense P ilot M entor-Protege Program may be trans- ferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protege Program develop- mental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Y ear 1991 (Public L aw 101 – 510; 10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. SEC. 8018. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments Ves se l s.


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Page:United States Statutes at Large Volume 123.djvu/3452

 123STA T . 3 4 32 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 and a ge n ci e s)ofw e l ded s h i pb oa r d anchor and m ooring chain 4 inches in diame t er and u nder unless the anchor and mooring chain are manufactured in the U nited S tates from components which are substantiall y manufactured in the United States
 * Provide

d ,T hat for the purpose of this section, the term ‘ ‘manufactured ’ ’ shall include cutting, heat treating, q uality control, testing of chain and welding ( including the forging and shot blasting process): Provided fu r th er, 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 aggre - gate cost of the components produced or manufactured in the United States e x ceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not a v ailable to meet D epart- ment 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 C ommittees on A ppropriations that such an acquisition must be made in order to acquire capability for national security purposes . S EC. 8019 . N one of the funds available to the Department of Defense may be used to demilitari z e or dispose of M– 1 Carbines, M–1 G arand rifles, M–14 rifles,. 2 2 caliber rifles,. 3 0 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammuni- tion or ammunition components that are not otherwise prohibited from commercial sale under F ederal law, unless the small arms ammunition or ammunition components are certified by the Sec- retary of the Army or designee as unserviceable or unsafe for further use. SEC. 8020. No more than $5 00,000 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 R egion: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government. SEC. 8021. I n 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 19 7 4 (25 U.S.C. 1544): Provided, That a prime contractor or a subcon- tractor at any tier that ma k es a subcontract award to any subcon- tractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an indi- vidual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a contractor for the pur- poses of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making Appropriations for the Department of Defense with respect to any fiscal year: Provided further, That notwithstanding section 430 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisi- tion 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 Ap p licab ili ty.Con t r act s . W ai ve ra u t h ority. Certi f ication. Ar m san d munitions. Certification. Waiver authority. Certification.


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Page:United States Statutes at Large Volume 123.djvu/3453

 123STA T . 3 4 33 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 contr o l l edbya n i ndi v id u al or individual s de f ined under section 42 2 1(9) of title 2 5,U nited S tates C ode . S EC. 80 22. F unds a p propriated by t h is A ct for the D efense M edia Activity shall not be used for any national or international political or psycholo g ical activities. SEC. 802 3 . N one of the funds appropriated by this Act shall be available to perfor m any cost study pursuant to the provisions of O M B Circular A –76 if the study being performed e x ceeds the period permitted by section 322 of the National Defense Authori z a - tion Act for Fiscal Y ear 2010 ( P ublic L a w 111–84). SEC. 8024. 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 2350 j (c) of title 10, United States Code, in anticipation of receipt of contributions, only from the G overnment of K uwait, under that section
 * Provide

d, T hat upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations. SEC. 8025. (a) Of the funds made available in this Act, not less than $33,756,000 shall be available for the Civil Air Patrol Corporation, of which — (1) $26,433,000 shall be available from ‘ ‘Operation and Maintenance, Air Force ’ ’ to support Civil Air Patrol Corporation operation and maintenance, readiness, counterdrug activities, and drug demand reduction activities involving youth programs (2) $6,426,000 shall be available from ‘‘Aircraft Procure- ment, Air Force’’; and (3) $897,000 shall be available from ‘‘Other Procurement, Air Force’’ for vehicle procurement. (b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies. SEC. 8026. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (depart- ment) federally funded research and development center (FF R DC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit mem- bership corporation consisting of a consortium of other FFRDCs and other nonprofit entities. (b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special I ssues Panel, V isiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal J oint Travel Regulations, when engaged in the performance of membership duties. (c) Notwithstanding any other provision of law, none of the funds available to the department from any source during fiscal year 2010 may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings, for payment of cost sharing for projects funded by Government grants, Kuwait.S tu dy.


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Page:United States Statutes at Large Volume 123.djvu/3454

 123STA T . 3 4 34 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 forabs or pti o n of c ontract o ve rr u ns , or for certain c h aritab l e con - tributions, not to inclu d ee m plo y ee participation in community service and / or development .( d )N ot w ithstandin g any other provision of law, of the funds available to the department during fiscal year 201 0, not more than 5, 6 00 staff years of technical effort (staff years) may be funded for defense F F RDC s
 * Provide

d, T hat 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: Pro - vided fu r th er, That this subsection shall not apply to staff years funded in the National I ntelligence P rogram (NIP) and the M ilitary Intelligence Program (MIP). (e) The S ecretary of Defense shall, with the submission of the department ’ s fiscal year 2011 budget re q uest, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year and the associated budget estimates. (f) Notwithstanding any other provision of this A ct, the total amount appropriated in this Act for FFRDCs is hereby reduced by $ 125,200,000. S EC. 8 02 7 . 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 G overnment-owned facility or property under the control of the Department of Defense which were not melted and rolled in the U nited States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 9 515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further, That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the H ouse of Representa- tives and the Senate that adequate domestic supplies are not avail- able to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act. SEC. 8028. For the purposes of this Act, the term ‘ ‘congressional defense committees’’ means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appro- priations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. SEC. 8029. 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 competi- tion between Department of Defense depot maintenance activities and private firms: Provided, That the Senior Acquisition Ex ecutive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That O ffice of Management and B udget Circular A – 76 shall not apply to competitions conducted under this section. Certif i ca ti on.D efinition. 10US C 101 note. W ai v era u t h orit y . Certification. Ap p l ica b ility. Contract s . R eports.


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Page:Weird Tales volume 30 number 04.djvu/36

420 Wheaton Street. The space south of the house, abutting on Benefit Street, was of course greatly above the existing sidewalk level, forming a terrace bounded by a high bank wall of damp, mossy stone pierced by a steep flight of narrow steps which led inward between canyon-like surfaces to the upper region of mangy lawn, rheumy brick walks, and neglected gardens whose dismantled cement urns, rusted kettles fallen from tripods of knotty sticks, and similar paraphernalia set off the weather-beaten front door with its broken fanlight, rotting Ionic pilasters, and wormy triangular pediment.

I heard in my youth about the shunned house was merely that people died there in alarmingly great numbers. That, I was told, was why the original owners had moved out some twenty years after building the place. It was plainly unhealthy, perhaps because of the dampness and fungous growths in the cellar, the general sickish smell, the drafts of the hallways, or the quality of the well and pump water. These things were bad enough, and these were all that gained belief among the persons whom I knew. Only the notebooks of my antiquarian uncle, Doctor Elihu Whipple, revealed to me at length the darker, vaguer surmises which formed an undercurrent of folklore among old-time servants and humble folk; surmises which never travelled far, and which were largely forgotten when Providence grew to be a metropolis with a shifting modern population.

The general fact is, that the house was never regarded by the solid part of the community as in any real sense "haunted." There were no widespread tales of rattling chains, cold currents of air, extinguished lights, or faces at the window. Extremists sometimes said the house was "unlucky," but that is as far as even they went. What was really beyond dispute is that a frightful proportion of persons died there; or more accurately, had died there, since after some peculiar happenings over sixty years ago the building had become deserted through the sheer impossibility of renting it. These persons were not all cut off suddenly by any one cause; rather did it seem that their vitality was insidiously sapped, so that each one died the sooner from whatever tendency to weakness he may have naturally had. And those who did not die displayed in varying degree a type of anemia or consumption, and sometimes a decline of the mental faculties, which spoke ill for the salubriousness of the building. Neighboring houses, it must be added, seemed entirely free from the noxious quality.

This much I knew before my insistent questioning led my uncle to show me the notes which finally embarked us both on our hideous investigation. In my childhood the shunned house was vacant, with barren, gnarled and terrible old trees, long, queerly pale grass and nightmarishly misshapen weeds in the high terraced yard where birds never lingered. We boys used to overrun the place, and I can still recall my youthful terror not only at the morbid strangeness of this sinister vegetation, but at the eldritch atmosphere and odor of the dilapidated house, whose unlocked front door was often entered in quest of shudders. The small-paned windows were largely broken, and a nameless air of desolation hung round the precarious panelling, shaky interior shutters, peeling wall-paper, falling plaster, rickety staircases, and such fragments of battered furniture as still remained. The dust and cobwebs added their touch of the fearful; and brave indeed was the boy who would voluntarily ascend the ladder to the attic, a vast raftered length lighted only by small blinking windows in the gable ends, and filled with a


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 123STA T . 3 4 3 5PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 SEC.803 0. (a) ( 1 ) Ifthe Se cr etar yo f D efe ns e , after cons ul tat i on w ith the U nite d States T rade R e p resentati v e, deter m ines that a forei g n country which is party to an agreement descri b ed in para - graph ( 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 blan k et waiver of the B uy A merican Act with respect to such types of products produced in that foreign country. (2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country. (b) The Secretary of Defense shall submit to the C ongress 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 1 97 9 (19 U.S.C. 2 5 01etse q .), or any international agreement to which the United States is a party. (c) F or purposes of this section, the term ‘ ‘Buy American Act’’ means title III of the Act entitled ‘‘An Act making appropriations for the Treasury and P ost O ffice Departments for the fiscal year ending J une 30, 193 4, and for other purposes’’, approved M arch 3, 1933 (41 U.S.C. 10a et seq.). SEC. 8031. 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 N ational Defense Authori z ation Act of 1991 (Public L aw 101 – 510 10 U.S.C. 2 6 87 note) shall be available until e x pended for the payments specified by section 2921(c)(2) of that Act. SEC. 8032. (a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, and Minnesota relocatable military housing units located at G rand Forks Air Force Base, Malmstrom Air Force Base, Mountain H ome Air Force Base, E llsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force. (b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation W alking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, and Minnesota. (c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b). (d) In this section, the term ‘‘Indian tribe’’ means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1). Defin i t i o n .La n dc on v e y ance. H o us in g . N ative Am e r icans. S tate l isting. Definition. R e p orts. M emorandum. Determination. C ontracts. Rescission. 41U SC1 0b–2 note.


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 123STA T . 3 4 3 6PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 SEC.803 3. Duringthec urrent f i s c aly ear , a p pr o priations w hich are a v aila b le to the Depart m ent of Defense for operation an d maintenance may be used to purchase items having an investment item unit cost of not more than $25 0,000. SEC. 803 4 . ( a ) During the current fiscal year, none of the appropriations or funds available to the Department of Defense W or k ing C apital F unds shall be used for the purchase of an invest - ment item for the purpose of ac q uiring a new inventory item for sale or anticipated sale during the current fiscal year or a subse- quent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been charge- able to the Department of Defense B usiness O perations Fund during fiscal year 19 94 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. (b) T he fiscal year 2011 budget request for the Department of Defense as well as all j ustification material and other documenta- tion 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 A ct shall be budg- eted for in a proposed fiscal year 2011 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds. SEC. 8035. N one of the funds appropriated by this Act for programs of the Central I ntelligence Agency shall remain available for obligation beyond the current fiscal year, e x cept for funds appro- priated for the R eserve for Contingencies, which shall remain avail- able until September 30, 2011
 * Provide

d, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended: Provided fu r th er, That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and develop- ment acquisition, for agent operations, and for covert action pro- grams authori z ed by the P resident under section 503 of the National Security Act of 194 7, as amended, shall remain available until September 30, 2011. SEC. 803 6 . 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 G en- eral Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the U nified and Specified Commands, and the component commands. SEC. 8037. Of the funds appropriated to the Department of Defense under the heading ‘ ‘Operation and M aintenance, Defense- Wide ’ ’, not less than $12,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental dam- age, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities. SEC. 8038. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American 50USC4 0 3unote.B u dg et r e q ue s t.


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 123STA T . 3 4 3 7PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 Act.Forpu rpo se so f t hi ssu b sectio n, the ter m‘ ‘ B u y Americ a n Act ’ ’ means tit l e I II of the Act entitle d ‘‘An Act ma k in g appropriations for the T reasury and P ost O ffice D epartments for the fiscal year ending J une 30, 19 3 4 , and for other purposes’’, appro v ed M arch 3, 1933 ( 41 U . S . C . 10aetse q . ) . (b) If the Secretary of Defense determines that a person has been convicted of intentionally affi x ing a label bearing a ‘‘Made in America’’ inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance w ith section 2 410f of title 10, United States Code, whether the person should be debarred from con - tracting with the Department of Defense. (c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Con- gress 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. S EC . 8 039. N one of the funds appropriated by this Act shall be available for a contract for studies, analysis, or consulting serv- ices entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procure- ment determines — (1) as a result of thorough technical evaluation, only one source is found fully qualified to perform the proposed work (2) the purpose of the contract is to explore an unsolicited proposal which offers significant scientific or technological promise, represents the product of original thinking, and was submitted in confidence by one source; or (3) the purpose of the contract is to take advantage of unique and significant industrial accomplishment by a specific concern, or to insure that a new product or idea of a specific concern is given financial support
 * Provide

d, That this limita- tion shall not apply to contracts in an amount of less than $ 2 5 ,000, contracts related to improvements of equipment that is in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. SEC. 8040. (a) E xcept as provided in subsections (b) and (c), none of the funds made available by this Act may be used— (1) to establish a field operating agency; or (2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that head- quarters. (b) The Secretary of Defense or Secretary of a military depart- ment may waive the limitations in subsection (a), on a case-by- case basis, if the Secretary determines, and certifies to the Commit- tees on Appropriations of the H ouse of R epresentatives and Senate that the granting of the waiver will reduce the personnel require- ments or the financial requirements of the department. (c) This section does not apply to— (1) field operating agencies funded within the National Intelligence Program; or Waiver a utho rit y.D eter m i n ation. C erti f i c ation. Determination. Contract s . Determination. Determination. L a b e l in g . F rau d . Debarment. Definition.


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 123STA T . 3 4 3 8PUBLIC LA W 111 – 118 —DE C.1 9, 2 0 09 (2)anArmyfieldop era t in g agen c ye s ta b lis h ed to eliminate , mitigate, or co u nter the effects of impro v ised e x plosive devices, and, as determined by the S ecretary of the Army, other similar threats . S EC. 8041 . T he Secretary of D efense, not w ithstanding any other provision of law, acting through the O ffice of E conomic Ad j ustment of the Department of Defense, may use funds made available in this Act under the heading ‘ ‘Operation and M aintenance, Defense -W ide ’ ’toma k e grants and supplement other F ederal funds in accordance with the guidance provided in the explanatory statement regarding this Act. (R E S C I SSI ON S ) SEC. 8042. 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 ‘‘ R esearch, Development, Test and Evaluation, N avy, 200 9/ 2010’’, $ 20,000,000 ‘‘Research, Development, Test and Evaluation, Air Force, 2009/2010’’, $98,4 3 0,000; ‘‘Research, Development, Test and Evaluation, Defense- Wide, 2009/2010’’, $1 5 4,45 7 ,000; ‘‘ P rocurement of Weapons and Tracked C ombat V ehicles, Army, 2009/2011’’, $41,087,000; ‘‘Other Procurement, Army, 2009/2011’’, $138,239,000; ‘‘Other Procurement, Navy, 2009/2011’’, $84,844,000; ‘‘Aircraft Procurement, Air Force, 2009/2011’’, $ 6 28,900,000; ‘‘Missile Procurement, Air Force, 2009/2011’’, $60,000,000; ‘‘Other Procurement, Air Force, 2009/2011’’, $10,900,000; ‘‘Procurement, Defense-Wide, 2009/2011’’, $5,200,000; and ‘‘Procurement, Defense-Wide, 2008/2010’’, $2,000,000. SEC. 8043. None of the funds available in this Act may be used to reduce the authori z ed positions for military (civilian) techni- cians of the Army National G uard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduc- tion on military (civilian) technicians, unless such reductions are a direct result of a reduction in military force structure. SEC. 8044. 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 K orea unless specifically appropriated for that purpose. SEC. 8045. 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 J oint I ntelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provide d, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures. NorthK or ea.G ra n t s.


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 123STA T . 3 4 3 9PUBLIC LA W 111 – 11 8—DE C. 19 , 2 0 09 SEC.8046 . Duringthec urrent f i s c aly ear , n o ne of the fun d s a p propriated in this A ct m ay b e used to reduce the ci v ilian medical and medical support personnel assigned to military treatment facili - ties belo w the September 3 0, 2 003, level
 * Provide

d, T hat the Service Surgeons G eneral may waive this section by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and civilian strength reduc- tions may be consistent with responsible resource stewardship and capitation-based budgeting. SEC. 804 7 . ( a )N one 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 U nited States e x cept as specifically provided in an appropriations law. (b) None of the funds available to the C entral I ntelligence 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 appropria- tions law. SEC. 8048. 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: Pro - vided, 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 Appropria- tions of the H ouse of R epresentatives and the Senate, that ade q uate 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 pur- poses: Provided fu r th er, That this restriction shall not apply to the purchase of ‘ ‘commercial items ’ ’, as defined by section 4( 1 2) of the O ffice of F ederal P rocurement Policy Act, except that the restriction shall apply to ball or roller bearings purchased as end items. SEC. 804 9 . None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers. SEC. 80 5 0. 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, pro j ect, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authori z ation of Congress: Provided, That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. SEC. 8051. (a) Notwithstanding any other provision of law, none of the funds available to the Department of Defense for the current fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services (other than intelligence services) for use in the activities Notif i ca tio n.De a dl ine. S ala r ie s . C ertification. Ap plica b ilit y . W ai v era u t h ority. Certification. B all and roller bearin g s. 50U SC 4 0 3 f note. Drugs and drug abuse. 1 0USC3 7 4 note. Waiver authority. Certification.


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 123STA T . 3 4 4 0PUBLIC LA W 111 – 11 8—DE C.1 9, 2009 describ edi n s u bsec t i o n ( b ) un l ess t h e con g ression a lde f ense co m mit - tees , the C ommittee on F oreign A ffairs of the H ouse of R e p resenta- ti v es, and the Committee on Foreign Relations of the S enate are notified 15 da y s in advance of such transfer . (b) T his section applies to — (1) any international peace k eeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the U nited N ations Charter under the authority of a United Nations Security Council resolution and ( 2 ) any other international peacekeeping, peace-enforce- ment, or humanitarian assistance operation. (c) A notice under subsection (a) shall include the follo w ing— (1) A description of the e q uipment, supplies, or services to be transferred. (2) A statement of the value of the equipment, supplies, or services to be transferred. ( 3 ) In the case of a proposed transfer of equipment or supplies— (A) a statement of whether the inventory requirements of all elements of the Armed Forces (including the reserve components) for the type of equipment or supplies to be transferred have been met; and ( B ) a statement of whether the items proposed to be transferred will have to be replaced and, if so, how the P resident proposes to provide funds for such replacement. S EC . 80 52. None of the funds available to the D epartment of Defense under this Act shall be obligated or e x pended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when— (1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and (2) such bonus is part of restructuring costs associated with a business combination. (IN C LUD IN GTRA N SF ER O F FUNDS ) SEC. 8053. During the current fiscal year, no more than $ 30,000,000 of appropriations made in this Act under the heading ‘ ‘ O peration and M aintenance, Defense- W ide ’ ’ 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 organi z ations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code. SEC. 805 4 . 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 bal- ance, an obligation or an ad j ustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if— Contrac t s.Ap p li ca b ilit y .


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 123STA T . 3 4 41 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 (1)theobliga tio nw o u l d ha v e been pr operl yc hargeable (e x cept a s toa m ount) to the expired or closed account be f ore the end of the period of availability or closing of that account ( 2 ) the obligation is not otherwise properly chargeable to any current appropriation account of the D epartment of Defense; and ( 3 ) in the case of an expired account , the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1 405 (b)( 8 ) of the N ational Defense A uthori z ation Act for F iscal Y ear 1 9 91, P ublic L aw 101 – 510, as amended (31 U.S . C . 1551 note)
 * Provide

d, T hat in the case of an expired account, if subse q uent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided fu r th er, That the total amount charged to a current appropria - tion under this section may not exceed an amount equal to 1 percent of the total appropriation for that account. S EC . 8055. (a) ING ENE RAL . — Service as a member of the Alas k a Territorial Guard during W orld War II of any individual who was honorably discharged therefrom under section 814 7 of the Depart- ment of Defense Appropriations Act, 2001 (Public Law 10 6 –259; 114 Stat. 705) shall be treated as active service for purposes of the computation under chapter 61, 71, 371, 571, 871, or 1223 of title 10, United States Code, as applicable, of the retired pay to which such individual may be entitled under title 10, United States Code. (b) A P PL I CA B ILI TY .—Subsection (a) shall apply with respect to amounts of retired pay payable under title 10, United States Code, for months beginning on or after the date of the enactment of this Act. No retired pay shall be paid to any individual by reason of subsection (a) for any period before that date. (c) W O RL D WAR II DE F INED.—In this section, the term ‘ ‘World War II ’ ’ has the meaning given that term in section 101(8) of title 38, United States Code. SEC. 8056. (a) Notwithstanding any other provision of law, the Chief of the National Guard B ureau may permit the use of equipment of the National Guard Distance Learning Pro j ect by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. (b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. SEC. 8057. 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 K aiserslautern M ilitary Community in the Federal R epublic of Germany: Provided, That in the City of Kaiserslautern such agreements will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished Anthraci t e.G er m an y. R eim bu r s ement. 10USC 1 4 01 n o te.


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 123STA T . 3 4 42 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 heatm a yb e o bta in e dfr om p ri v ate , re g iona l orm u ni c ipal s ervices, if provisions are included for the consideration of U nited S tates coal as an energy source . S EC. 805 8. N one of the funds appropriated in title IV of this A ct may be used to procure end - items for delivery to military forces for operational training, operational use or inventory re q uire- ments
 * Provide

d, T hat this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided fu r th er, That this restriction does not apply to programs funded w ithin the National Intelligence P rogram: Provided further, That the Secretary of D efense may waive this restriction on a case-by-case basis by certifying in writing to the C ommittees on Appropriations of the H ouse of R epresentatives and the Senate that it is in the national security interest to do so. SEC. 805 9 . None of the funds made available in this Act may be used to approve or license the sale of the F–2 2A advanced tactical fighter to any foreign government: Provided, That the Department of Defense may conduct or participate in studies, research, design and other activities to define and develop a future e x port version of the F–22A that protects classified and sensitive information, technologies and U.S. warfighting capabilities. SEC. 80 6 0. ( a ) The Secretary of Defense may, on a case-by- case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 25 31 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country. (b) Subsection (a) applies with respect to — (1) contracts and subcontracts entered into on or after the date of the enactment of this Act and (2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are ad j usted for any reason other than the application of a waiver granted under subsection (a). (c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of the Harmoni z ed Tariff Schedule and products classified under headings 4 010, 4202, 4203, 6401 through 6406, 6505, 7 019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. SEC. 8061. (a) None of the funds made available by this Act may be used to support any training program involving a unit of the security forces of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been ta k en. (b) The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given Humanrights.Ap p l i c a b ilit y . W ai ve r auth o rity. D etermination. Waiver authority. C erti f ication.


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 123STA T . 3 4 43 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 toal l credib lei nf or m ation a v ailable to t h e D e p artment of S tate relatin g toh u man right s violations b y foreign security forces .( c )T he Secretary of Defense , after consultation w ith the Sec - retary of State, may waive the prohibition in subsection (a) if he determines that such waiver is re q uired by e x traordinary cir- cumstances. (d) N ot 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 extraor- dinary circumstances, the purpose and duration of the training program, the U nited States forces and the foreign security forces involved in the training program, and the information relating to human rights violations that necessitates the waiver. S EC . 8062 . None of the funds appropriated or made available in this A ct to the Department of the Navy shall be used to develop, lease or procure the T – A KE class of ships unless the main propul- sion diesel engines and propulsors are manufactured in the United States by a domestically operated entity
 * Provide

d, That the Sec- retary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the C ommittees on Appropriations of the H ouse of R epresentatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes or there exists a significant cost or quality difference. SEC. 806 3 . None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. SEC. 806 4 . Notwithstanding any other provision of law, funds appropriated in this Act under the heading ‘ ‘Research, Development, Test and Evaluation, Defense- W ide ’ ’ for any new start advanced concept technology demonstration pro j ect or joint capability dem- onstration project may only be obligated 30 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so. SEC. 8065. 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, Subcommit- tees on Defense on certain matters as directed in the classified annex accompanying this Act. SEC. 8066. 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 9 0 days in arrears in ma k ing payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable basis: Provided, That this restriction shall not apply if the department is authori z ed by law to provide support to such department or agency on a nonreimbursable basis, and is providing Clas s if i ed i n f orm a t ion .R e p orts. D eadlines. E ffe c ti v e date. Reports. W aiver a u t h orit y . Certification. V essels. Deadline. Reports. Waiver authority. Determination.