Page:United States Statutes at Large Volume 123.djvu/2230

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123STA T . 221 0PUBLIC LA W 111 –84—O CT. 28 , 200 9(2)Foram m unit ion ,$8 22, 46 2, 0 00 . ( 3 )Formi s si le s, $6,03 7 ,4 59 ,000. (4) For ot h er p ro c urement, $ 1 7,133,668,000. SEC.104 . D E F E N SE -WI DE A C T I V ITIES. Fun d s are here by authori z ed to be appropriated f or fiscal year 2010 for D efense -w ide procurement in the amount of $4,090,816,000. SEC. 10 5 . NATI O NA LGU A R D AND RESERVE E Q UI PM ENT. Funds are hereby authorized to be appropriated for fiscal year 2010 for the procurement of aircraft, missiles, wheeled and trac k ed combat v ehicles, tactical wheeled vehicles, ammunition, other weapons, and other procurement for the reserve components of the A rmed Forces in the amount of $600,000,000. SEC. 10 6 . MINE RESISTANT AM B US H PROTECTED VEHICLE FUND. Funds are hereby authorized to be appropriated for fiscal year 2010 for the M ine R esistant Ambush P rotected V ehicle Fund in the amount of $600,000,000. SEC. 10 7 . RELATION TO FUNDING TABLE. T he amounts authorized to be appropriated by sections 101, 102, 103, 104, 105, and 106 shall be available, in accordance with the re q uirements of section 4001, for pro j ects, pro g rams, and activi- ties, and in the amounts, specified in the funding table in section 4101. Subti t leB—ArmyP r og r a m s SEC. 111. PROCUREMENT OF FUTURE COMBAT S Y STEMS SPIN OUT EARLY-INFANTRY BRIGADE COMBAT TEAM EQUIPMENT. (a) LIM I TA TI ON ON LO W - R AT EI NITIA L PRO DUC TION Q UAN- TITIE S . —N otwithstanding section 2400 of title 10, U nited S tates C ode, and e x cept as provided in subsection (b), the Secretary of Defense may not procure more than one Future Combat Systems spin out early-infantry brigade combat team equipment set (in this section referred to as a ‘ ‘brigade set ’ ’) for low-rate initial produc- tion. (b) W AI V ER.—The Under Secretary of Defense for Acquisition, Technology, and Logistics may waive the limitation in subsection (a) if— (1) the Under Secretary submits to Congress written certifi- cation that— (A) the Future Combat Systems spin out early-infantry brigade combat team program (in this section referred to as the ‘‘program’’) requires low-rate initial production in excess of 10 percent of the total number of articles to be produced

( B ) the Director of Defense Research and E ngineering has completed a technology readiness assessment of the program; (C) the Director of Cost Assessment and Program Evaluation has completed an independent cost estimate of the program;