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124 APPROPRIATIONS
123 STAT. 3424 PUBLIC LAW 111–118—DEC. 19, 2009
Contracts.
Waiver authority. Certification.
components unless such components are manufactured in the United States: auxiliary equipment, including pumps, for all ship- board services; propulsion system components (engines, reduction gears, and propellers); shipboard cranes; and spreaders for ship- board cranes: Provided further, That the exercise of an option in a contract awarded 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 Committees on Appropriations of the House 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.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law, $29,243,428,000; of which $27,596,689,000 shall be for oper- ation and maintenance, of which not to exceed one percent shall remain available until September 30, 2011, and of which up to $15,093,539,000 may be available for contracts entered into under the TRICARE program; of which $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 undertaken in connection with United States military training, exercises, and humanitarian assistance activities conducted pri- marily in African nations.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE
For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions, to include construction of facilities, in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, $1,560,760,000, 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

