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 12 2 STA T .4583PUBLIC LA W 11 0– 41 7—O CT. 14 , 2008 to t hec o m mo n-fu n d ed b ud g et s of NATOi n the pr eceding fisc aly ear .‘ ‘ (2)E ach report under paragraph ( 1 ) shall include , for the fiscal year co v ered by such report, the follo w ing

‘‘(A) The amounts contributed by the S ecretary to each of the separate budgets and programs of the North Atlantic Treaty Organi z ation under the common-funded budgets of NATO. ‘‘( B ) F or each budget and program to which the Secretary made such a contribution, the percentage of such budget or program during the fiscal year that such contribution rep- resented. ‘‘(c) DEFIN I T I O N S . —I n this section: ‘‘(1) C O M MON-F U N D ED B UD G ETSOFN A TO.—The term ‘common-funded budgets of NATO ’ means the M ilitary Budget, the Security Investment P rogram, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO). ‘‘(2) FIS C A LY EA R19 9 8 BASELINE LIMITATION.—The term ‘fiscal year 1 9 9 8 baseline limitation’ means the ma x imum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3 (2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 19 4 9onthe Accession of Poland, H ungary, and the Czech R epublic (as defined in section 4( 7 ) of that resolution), approved by the Senate on April 3 0, 1998.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 134 of such title is amended by adding at the end the following new item: ‘ ‘ 2 2 63.UnitedS t a te sco nt r i bu tions to t h e N orth A t l antic T reat yO r g ani z ation co m- mon- f unded budgets. ’ ’. (b) EFFECTI V E DATE.—The amendments made by this section shall ta k e effect on October 1, 2008, and shall apply to fiscal years that begin on or after that date. SEC.10 0 5 . IN C ORP OR AT ION O F F U N D IN G DECISIONS INTO L A W . (a) AMOUNTS S P ECIFIED IN J OINT E X PLANATORY STATEMENT ARE AUT H ORI Z ED BY L A W .— W herever a funding table in the Joint Explanatory Statement which is to be printed in the Congressional Record on or about September 23, 2008, to explain the Duncan Hunter National Defense Authorization Act for Fiscal Y ear 2009 specifies a dollar amount for a pro j ect, program, or activity, the obligation and expenditure of the specified dollar amount for the indicated project, program, or activity is hereby authorized by law to be carried out to the same extent as if included in the text of the Act, subject to the availability of appropriations. (b) MERIT-BASED DECISIONS.—Decisions by agency heads to commit, obligate, or expend funds with or to a specific entity on the basis of dollar amount authorized pursuant to subsection (a) shall be based on authorized, transparent, statutory criteria, or merit-based selection procedures in accordance with the re q uire- ments of sections 2304(k) and 2374 of title 10, U nited States Code, and other applicable provisions of law. (c) RELATIONSHIP TO TRANSFER AND REPROGRAMMING AUTHORITY.—This section does not prevent an amount covered by Deadlin e .10USC2 2 63 n ot e.

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