H.R. 3326 — Department of Defense Appropriations Act, 2010

[111th Congress Public Law 118]
[From the U.S. Government Publishing Office]



[[Page 123 STAT. 3409]]

Public Law 111-118
111th Congress

                                 An Act


 
Making appropriations for the Department of Defense for the fiscal year 
  ending September 30, 2010, and for other purposes. <<NOTE: Dec. 19, 
                         2009 -  [H.R. 3326]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Defense Appropriations Act, 2010.>> 
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Department of Defense Appropriations 
Act, 2010''.
SEC. 2. TABLE OF CONTENTS.

     The table of contents of this Act is as follows:
        Sec. 1. Short title.
        Sec. 2. Table of contents.
        Sec. 3. References.

            DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS

        Title I--Military Personnel
        Title II--Operation and Maintenance
        Title III--Procurement
        Title IV--Research, Development, Test and Evaluation
        Title V--Revolving and Management Funds
        Title VI--Other Department of Defense Programs
        Title VII--Related Agencies
        Title VIII--General Provisions
        Title IX--Overseas Contingency Operations

                        DIVISION B--OTHER MATTERS

SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.

     Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

     DIVISION A-- <<NOTE: Department of Defense Appropriations Act, 
2010.>> DEPARTMENT OF DEFENSE APPROPRIATIONS

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2010, for military functions administered by the 
Department of Defense and for other purposes, namely:

[[Page 123 STAT. 3410]]

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $41,005,612,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $25,289,049,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $12,799,990,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of the 
Reserve Officers' Training Corps; and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $26,174,136,000.

[[Page 123 STAT. 3411]]

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $4,304,713,000.

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,909,301,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and for members of the 
Marine Corps platoon leaders class, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $613,500,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund, $1,589,412,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard

[[Page 123 STAT. 3412]]

while on duty under section 10211, 10302, or 12402 of title 10 or 
section 708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing training, 
or while performing drills or equivalent duty or other duty, and 
expenses authorized by section 16131 of title 10, United States Code; 
and for payments to the Department of Defense Military Retirement Fund, 
$7,546,905,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,938,229,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $12,478,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $30,934,550,000.

                     Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $14,657,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$34,714,396,000.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$5,539,117,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law;

[[Page 123 STAT. 3413]]

and not to exceed $7,699,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority of 
the Secretary of the Air Force, and payments may be made on his 
certificate of necessity for confidential military purposes, 
$33,477,116,000.

                 Operation and Maintenance, Defense-Wide

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$28,115,793,000: Provided, That not more than $50,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code: Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity for 
confidential military purposes: Provided further, That of the funds 
provided under this heading, not less than $29,732,000 shall be made 
available for the Procurement Technical Assistance Cooperative Agreement 
Program, of which not less than $3,600,000 shall be available for 
centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of 
the funds appropriated or otherwise made available by this Act may be 
used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of Defense, 
the office of the Secretary of a military department, or the service 
headquarters of one of the Armed Forces into a legislative affairs or 
legislative liaison office: Provided further, That $6,667,000, to remain 
available until expended, is available only for expenses relating to 
certain classified activities, and may be transferred as necessary by 
the Secretary to operation and maintenance appropriations or research, 
development, test and evaluation appropriations, to be merged with and 
to be available for the same time period as the appropriations to which 
transferred: Provided further, That any ceiling on the investment item 
unit cost of items that may be purchased with operation and maintenance 
funds shall not apply to the funds described in the preceding proviso: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act.

                 Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $2,617,496,000.

                 Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and

[[Page 123 STAT. 3414]]

administration, of the Navy Reserve; repair of facilities and equipment; 
hire of passenger motor vehicles; travel and transportation; care of the 
dead; recruiting; procurement of services, supplies, and equipment; and 
communications, $1,273,701,000.

             Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $223,175,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,131,200,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized by 
law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $6,189,713,000.

              Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department of 
Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $5,882,251,000.

[[Page 123 STAT. 3415]]

           United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $13,932,000, of which not to exceed $5,000 
may be used for official representation purposes.

                     Environmental Restoration, Army

                      (including transfer of funds)

    For the Department of the Army, $423,364,000, to remain available 
until transferred: <<NOTE: Determination.>> 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 of the Department of the Army, or 
for similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of the Army, to be merged with and to be available for the same purposes 
and for the same time period as the appropriations to which transferred: 
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.

                     Environmental Restoration, Navy

                      (including transfer of funds)

    For the <<NOTE: Determinations.>> Department of the Navy, 
$285,869,000, to remain available until transferred: Provided, That the 
Secretary of the Navy shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Navy, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made available 
to the Department of the Navy, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: 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.

                  Environmental Restoration, Air Force

                      (including transfer of funds)

    For the <<NOTE: Determinations.>> Department of the Air Force, 
$494,276,000, to remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Air Force, or for similar purposes, transfer the funds 
made

[[Page 123 STAT. 3416]]

available by this appropriation to other appropriations made available 
to the Department of the Air Force, to be merged with and to be 
available for the same purposes and for the same time period as the 
appropriations to which transferred: 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.

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

    For <<NOTE: Determination.>> the Department of Defense, $11,100,000, 
to remain available until transferred: Provided, That the Secretary of 
Defense shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of Defense, or 
for similar purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the Department 
of Defense, to be merged with and to be available for the same purposes 
and for the same time period as the appropriations to which transferred: 
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.

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

    For <<NOTE: Determinations.>> the Department of the Army, 
$292,700,000, 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 
available by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: 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.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557,

[[Page 123 STAT. 3417]]

and 2561 of title 10, United States Code), $109,869,000, to remain 
available until September 30, 2011.

                  Cooperative Threat Reduction Account

    For assistance to the republics of the former Soviet Union and, with 
appropriate authorization by the Department of Defense and Department of 
State, to countries outside of the former Soviet Union, including 
assistance provided by contract or by grants, for facilitating the 
elimination and the safe and secure transportation and storage of 
nuclear, chemical and other weapons; for establishing programs to 
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training 
and support of defense and military personnel for demilitarization and 
protection of weapons, weapons components and weapons technology and 
expertise, and for defense and military contacts, $424,093,000, to 
remain available until September 30, 2012: Provided, That of the amounts 
provided under this heading, not less than $15,000,000 shall be 
available only to support the dismantling and disposal of nuclear 
submarines, submarine reactor components, and security enhancements for 
transport and storage of nuclear warheads in the Russian Far East and 
North.

      Department of Defense Acquisition Workforce Development Fund

    For the Department of Defense Acquisition Workforce Development 
Fund, $100,000,000.

                                TITLE III

                               PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $5,093,822,000, 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; 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

[[Page 123 STAT. 3418]]

procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for the 
foregoing purposes, $1,251,053,000, to remain available for obligation 
until September 30, 2012.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; and 
other expenses necessary for the foregoing purposes, $2,335,807,000, 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 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $2,056,115,000, to remain available for obligation until 
September 30, 2012.

                         Other 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 security of personnel, 
notwithstanding price limitations applicable to passenger vehicles but 
not to exceed $250,000 per vehicle; communications and electronic 
equipment; other support equipment; spare parts, ordnance, and 
accessories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $8,582,660,000, to remain 
available for obligation until September 30, 2012.

[[Page 123 STAT. 3419]]

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public and 
private plants, including the land necessary therefor, and such lands 
and interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway, 
$18,643,221,000, to remain available for obligation until September 30, 
2012.

                        Weapons 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, $3,357,572,000, to remain available for obligation 
until September 30, 2012.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and training 
devices; expansion of public and private plants, including ammunition 
facilities, authorized by section 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $800,651,000, to remain available for obligation until 
September 30, 2012.

                    Shipbuilding 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 expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title, as follows:
            Carrier Replacement Program, $739,269,000;
            Carrier Replacement Program (AP), $484,432,000;
            NSSN, $1,964,317,000;

[[Page 123 STAT. 3420]]

            NSSN (AP), $1,959,725,000;
            CVN Refueling, $1,563,602,000;
            CVN Refuelings (AP), $211,820,000;
            DDG-1000 Program, $1,382,797,000;
            DDG-51 Destroyer, $1,912,267,000;
            DDG-51 Destroyer (AP), $578,996,000;
            Littoral Combat Ship, $1,080,000,000;
            LPD-17, $872,392,000;
            LPD-17 (AP), $184,555,000;
            LHA-R (AP), $170,000,000;
            Intratheater Connector, $177,956,000;
            LCAC Service Life Extension Program, $63,857,000;
            Prior year shipbuilding costs, $144,950,000;
            Service Craft, $3,694,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $386,903,000.

    In all: $13,881,532,000, to remain available for obligation until 
September 30, 2014: Provided, That additional obligations may be 
incurred after September 30, 2014, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                         Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except ordnance 
for new aircraft, new ships, and ships authorized for conversion); the 
purchase of passenger motor vehicles for replacement only, and the 
purchase of seven vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles but 
not to exceed $250,000 per vehicle; expansion of public and private 
plants, including the land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway, 
$5,441,234,000, to remain available for obligation until September 30, 
2012.

                        Procurement, Marine Corps

    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,

[[Page 123 STAT. 3421]]

$1,521,505,000, to remain available for obligation until September 30, 
2012.

                     Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $13,295,474,000, to remain available for 
obligation <<NOTE: Certification.>> until September 30, 2012; Provided, 
That 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 requirement 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.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing 
purposes including rents and transportation of things, $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 2854 of title 10, United States Code, 
and the land necessary therefor, for the foregoing purposes, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $801,550,000, to remain available for obligation until 
September 30, 2012.

[[Page 123 STAT. 3422]]

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only, and the purchase of two vehicles required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $250,000 per vehicle; 
lease of passenger motor vehicles; and expansion of public and private 
plants, Government-owned equipment and installation thereof in such 
plants, erection of structures, and acquisition of land, for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $17,138,239,000, to remain available for obligation until 
September 30, 2012.

                        Procurement, Defense-Wide

    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 Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $150,746,000, to remain available 
until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    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,

[[Page 123 STAT. 3423]]

$20,003,463,000, to remain available for obligation until September 30, 
2011: Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces: Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $28,121,985,000, to 
remain available for obligation until September 30, 2011.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $20,747,081,000, to remain 
available for obligation until September 30, 2011, of which $2,500,000 
shall be available only for the Missile Defense Agency to construct a 
replacement Patriot launcher pad for the Japanese Ministry of Defense.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation, 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $190,770,000, to remain available for obligation until 
September 30, 2011.

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For the Defense Working 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 <<NOTE: Contracts.>> 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

[[Page 123 STAT. 3424]]

components unless such components are manufactured in the United States: 
auxiliary equipment, including pumps, for all shipboard services; 
propulsion system components (engines, reduction gears, and propellers); 
shipboard cranes; and spreaders for shipboard cranes: 
Provided <<NOTE: Contracts.>> further, That the exercise of an option in 
a contract awarded through the obligation of previously appropriated 
funds shall not be considered to be the award of a new 
contract: <<NOTE: Waiver authority. Certification.>> Provided further, 
That the Secretary of the military department responsible for such 
procurement may waive the restrictions in the first proviso on a case-
by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate that 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes.

                                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 operation and 
maintenance, of which not to exceed one percent shall remain available 
until September 30, 2011, and of which up to $15,093,539,000 may be 
available for contracts entered into under the TRICARE program; of which 
$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 
activities undertaken in connection with United States military 
training, exercises, and humanitarian assistance activities conducted 
primarily 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

[[Page 123 STAT. 3425]]

available until September 30, 2011, shall be for research, development, 
test and evaluation, of which $398,669,000 shall only be for the 
Assembled Chemical Weapons Alternatives (ACWA) program.

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,158,226,000: Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which <<NOTE: Determination.>> 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 contained elsewhere in this Act.

              Joint Improvised Explosive Device Defeat Fund

                      (including transfer of funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$121,550,000 for Staff and Infrastructure: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Director of the 
Joint Improvised Explosive Device Defeat Organization to investigate, 
develop and provide equipment, supplies, services, training, facilities, 
personnel and funds to assist United States forces in the defeat of 
improvised explosive devices: Provided further, That 
within <<NOTE: Deadline. Management plan.>> 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 <<NOTE: Reports. Deadlines.>> Secretary of Defense shall submit a 
report not later than 60 days after the end of each fiscal quarter to 
the congressional defense committees providing assessments of the 
evolving threats, individual service requirements to counter the 
threats, the current strategy for predeployment training of members of 
the Armed Forces on improvised explosive devices, and details on the 
execution of the Fund: 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 <<NOTE: Deadline. Notification.>> the Department of 
Defense: Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to

[[Page 123 STAT. 3426]]

making transfers from this appropriation, notify the congressional 
defense committees in writing of the details of any such transfer.

                     Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $288,100,000, of which $287,100,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval or 
authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $1,000,000, to remain available until September 
30, 2012, shall be for procurement.

                                TITLE VII

                            RELATED AGENCIES

    Central Intelligence Agency Retirement and Disability System Fund

    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 Management Account

    For necessary expenses of the Intelligence Community Management 
Account, $707,912,000.

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 8002.  During <<NOTE: 10 USC 1584 note.>> the current fiscal 
year, provisions of law prohibiting the payment of compensation to, or 
employment of, any person not a citizen of the United States shall not 
apply to personnel of the Department <<NOTE: Pay rates. Foreign 
nationals.>> of Defense: Provided, That salary increases granted to 
direct and indirect hire foreign national employees of the Department of 
Defense funded by this Act shall not be at a rate in excess of the 
percentage increase authorized by law for civilian employees of the 
Department of Defense whose pay is computed under the provisions of 
section 5332 of title 5, United States Code, or at a rate in excess of 
the percentage increase provided by the appropriate host nation to its 
own employees, whichever is higher: Provided further, 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 <<NOTE: Turkey.>> the limitations of this 
provision shall not apply to foreign national employees of the 
Department of Defense in the Republic of Turkey.

[[Page 123 STAT. 3427]]

    Sec. 8003.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year, unless 
expressly so provided herein.
    Sec. 8004.  No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training of 
the Reserve Officers' Training Corps.

                           (transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense that such 
action is necessary in the national interest, he may, with the approval 
of the Office of Management and Budget, transfer not to exceed 
$4,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time period, 
as the appropriation or fund to which transferred: Provided, That such 
authority to transfer may not be used unless for higher priority items, 
based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which funds 
are requested has been <<NOTE: Notification.>> denied by the Congress: 
Provided further, That the Secretary of Defense shall notify the 
Congress promptly of all transfers made pursuant to this authority or 
any other authority in this Act: Provided further, That 
no <<NOTE: Reprogramming request.>> 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 <<NOTE: Deadline.>> request for multiple reprogrammings 
of funds using authority provided in this section shall be made prior to 
June 30, 2010: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be 
transferred <<NOTE: Notification.>> under this section: Provided 
further, That no obligation of funds may be made pursuant to section 
1206 of Public Law 109-163 (or any successor provision) unless the 
Secretary of Defense has notified the congressional defense committees 
prior to any such obligation.

    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ``Explanation 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

[[Page 123 STAT. 3428]]

for purposes of section <<NOTE: Applicability.>> 8005 of this Act: 
Provided, That section 8005 shall apply when transfers of the amounts 
described in subsection (a) occur between appropriation accounts.

    Sec. 8007. (a) <<NOTE: Deadline. Reports.>> Not later than 60 days 
after enactment of this Act, the Department of Defense shall submit a 
report to the congressional defense committees to establish the baseline 
for application of reprogramming and transfer authorities for fiscal 
year 2010: Provided, That the report shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.

    (b) Notwithstanding <<NOTE: Certification.>> 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 Force and the Army are 
authorized, using funds available under the headings ``Operation and 
Maintenance, Air Force'' and ``Operation and Maintenance, Army'', to 
complete facility conversions and phased repair projects which may 
include upgrades and additions to Alaskan range infrastructure and 
training areas, and improved access to these ranges.

                           (transfer of funds)

    Sec. 8009.  During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds: Provided, That transfers may be 
made <<NOTE: Notification.>> between such funds: Provided further, 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 <<NOTE: Notification.>> transfer. Except in amounts equal to 
the amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to procure or 
increase the value of war reserve material inventory, unless the 
Secretary of Defense has notified the Congress prior to any such 
obligation.

    Sec. 8010.  Funds <<NOTE: Notification. Deadline.>> 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 <<NOTE: Contracts. Notifications. Deadlines. 10 USC 
2306b note.>> 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

[[Page 123 STAT. 3429]]

year of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation contained 
in this Act shall be available to initiate multiyear procurement 
contracts for any systems or component thereof if the value of the 
multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-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: Provided 
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 <<NOTE: Reports.>> Secretary of Defense has 
        submitted to Congress a report within 30 days of enactment of 
        this Act that certifies full funding of units to be procured 
        through the contract and, in the case of a contract for 
        procurement of aircraft, that includes, for any aircraft unit to 
        be procured through the contract for which procurement funds are 
        identified in that report for production beyond advance 
        procurement activities in the fiscal year 2010 budget, full 
        funding of procurement of such unit in that fiscal year;
            (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 adjustment 
        based on a failure to award a follow-on contract.

     Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
            F-18 aircraft variants.

    Sec. 8012.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States Code. 
Such <<NOTE: Reports.>> funds may also be obligated for humanitarian and 
civic assistance costs incidental to authorized operations and pursuant 
to authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, 
That <<NOTE: Humanitarian assistance. Territories.>> funds available for 
operation and maintenance shall be available for providing humanitarian 
and similar assistance by using Civic Action Teams in the Trust 
Territories of the Pacific Islands and freely associated states of 
Micronesia, pursuant to the Compact of Free Association as authorized

[[Page 123 STAT. 3430]]

by Public Law 99-239: Provided further, That upon a determination by the 
Secretary of the Army that such action is beneficial for graduate 
medical education programs conducted at Army medical facilities located 
in Hawaii, the Secretary of the Army may authorize the provision of 
medical services at such facilities and transportation to such 
facilities, on a nonreimbursable basis, for civilian patients from 
American Samoa, the Commonwealth of the Northern Mariana Islands, the 
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.

    Sec. 8013. (a) During fiscal year 2010, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal <<NOTE: Budget request. Effective date.>> year 2011 
budget request for the Department of Defense as well as all 
justification material and other documentation supporting the fiscal 
year 2011 Department of Defense budget request shall be prepared and 
submitted to the Congress as if subsections (a) and (b) of this 
provision were effective with regard to fiscal year 2011.

    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8014.  None of <<NOTE: Lobbying.>> 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. 8015.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this section shall 
not apply to those members who have reenlisted with this option prior 
to <<NOTE: Applicability.>> October 1, 1987: Provided further, That this 
section applies only to active components of the Army.

    Sec. 8016. (a) <<NOTE: Contracts. Outsourcing.>> 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 <<NOTE: Determination.>> Competitive Sourcing 
        Official determines that, over all performance periods stated in 
        the solicitation of offers for performance of the activity or 
        function, the cost of performance of the activity or function by 
        a contractor would be less costly to the Department of Defense 
        by an amount that equals or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that activity 
                or function by Federal employees; or
                    (B) $10,000,000; and

[[Page 123 STAT. 3431]]

            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or function 
                under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees under 
                chapter 89 of title 5, United States Code.

    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any commercial 
or industrial type function of the Department of Defense that--
            (A) is included on the procurement list established pursuant 
        to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
            (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 Indian tribe, as 
        defined in section 4(e) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(e)), or a Native 
        Hawaiian Organization, as defined in section 8(a)(15) of the 
        Small Business Act (15 U.S.C. 637(a)(15)).

    (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 activities.

                           (transfer of funds)

    Sec. 8017.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred to 
any other appropriation contained in this Act solely for the purpose of 
implementing a Mentor-Protege Program developmental assistance agreement 
pursuant to section 831 of the National Defense Authorization Act for 
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended, 
under the authority of this provision or any other transfer authority 
contained in this Act.
    Sec. 8018.  None <<NOTE: Vessels.>> of the funds in this Act may be 
available for the purchase by the Department of Defense (and its 
departments

[[Page 123 STAT. 3432]]

and agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section, the term ``manufactured'' shall include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process): Provided further, That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufactured in 
the United States if the aggregate cost of the components produced or 
manufactured in the United States exceeds the aggregate cost of the 
components produced or manufactured outside the <<NOTE: Waiver 
authority. Certification.>> United States: Provided further, That when 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis, the Secretary of the service 
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations 
that such an acquisition must be made in order to acquire capability for 
national security purposes.

    Sec. 8019.  None <<NOTE: Arms and munitions. Certification.>> of the 
funds available to the Department of Defense may be used to demilitarize 
or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber 
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
destroy small arms ammunition or ammunition components that are not 
otherwise prohibited from commercial sale under Federal law, unless the 
small arms ammunition or ammunition components are certified by the 
Secretary of the Army or designee as unserviceable or unsafe for further 
use.

    Sec. 8020.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That <<NOTE: Waiver authority. Certification.>> 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.  In <<NOTE: Contracts.>> addition to the funds provided 
elsewhere in this Act, $15,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor 
at any tier that makes a subcontract award to any subcontractor or 
supplier as defined in section 1544 of title 25, United States Code, or 
a small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code, shall be 
considered a contractor for the purposes of being allowed additional 
compensation under section 504 of the Indian Financing Act of 1974 (25 
U.S.C. 1544) whenever the prime contract or subcontract amount is over 
$500,000 and involves the expenditure of funds appropriated by an Act 
making Appropriations for the Department of Defense with respect to any 
fiscal year: Provided further, 
That <<NOTE: Applicability.>> notwithstanding section 430 of title 41, 
United States Code, this section shall be applicable to any Department 
of Defense acquisition of supplies or services, including any contract 
and any subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part by any subcontractor or 
supplier defined in section 1544 of title 25, United States Code, or a 
small business owned and

[[Page 123 STAT. 3433]]

controlled by an individual or individuals defined under section 4221(9) 
of title 25, United States Code.

    Sec. 8022.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8023.  None <<NOTE: Study.>> of the funds appropriated by this 
Act shall be available to perform any cost study pursuant to the 
provisions of OMB Circular A-76 if the study being performed exceeds the 
period permitted by section 322 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111-84).

    Sec. 8024.  During <<NOTE: Kuwait.>> the current fiscal year, the 
Department of Defense is authorized to incur obligations of not to 
exceed $350,000,000 for purposes specified in section 2350j(c) of title 
10, United States Code, in anticipation of receipt of contributions, 
only from the Government of Kuwait, under that section: Provided, That 
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 
        Procurement, 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 (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit entities.
    (b) No member of a Board of Directors, Trustees, Overseers, Advisory 
Group, Special Issues Panel, Visiting Committee, or any similar entity 
of a defense FFRDC, and no paid consultant to any defense FFRDC, except 
when acting in a technical advisory capacity, may be compensated for his 
or her services as a member of such entity, or as a paid consultant by 
more than one FFRDC in a fiscal year: 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 Joint 
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,

[[Page 123 STAT. 3434]]

for absorption of contract overruns, or for certain charitable 
contributions, not to include employee participation in community 
service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2010, not more than 5,600 
staff years of technical effort (staff years) may be funded for defense 
FFRDCs: Provided, That of the specific amount referred to previously in 
this subsection, not more than 1,100 staff years may be funded for the 
defense studies and analysis FFRDCs: Provided further, That this 
subsection shall not apply to staff years funded in the National 
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
    (e) The Secretary <<NOTE: Reports.>> of Defense shall, with the 
submission of the department's fiscal year 2011 budget request, submit a 
report presenting the specific amounts of staff years of technical 
effort to be allocated for each defense FFRDC during that fiscal year 
and the associated budget estimates.

    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$125,200,000.
    Sec. 8027.  None <<NOTE: Contracts.>> of the funds appropriated or 
made available in this Act shall be used to procure carbon, alloy or 
armor steel plate for use in any Government-owned facility or property 
under the control of the Department of Defense which were not melted and 
rolled in the United <<NOTE: Applicability.>> States or Canada: 
Provided, That these procurement restrictions shall apply to any and all 
Federal Supply Class 9515, American Society of Testing and Materials 
(ASTM) or American Iron and Steel Institute (AISI) specifications of 
carbon, alloy or armor <<NOTE: Waiver authority. Certification.>> 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 House of Representatives and the Senate that adequate domestic 
supplies are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in order to 
acquire capability for national security purposes: 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 <<NOTE: Definition. 10 USC 101 note.>> 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 Appropriations 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 competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the <<NOTE: Certification.>> Senior Acquisition Executive 
of the military department or Defense Agency concerned, with power of 
delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further, That Office of Management and Budget Circular A-
76 shall not apply to competitions conducted under this section.

[[Page 123 STAT. 3435]]

    Sec. 8030. (a)(1) If 
the <<NOTE: Determination. Contracts. Rescission. 41 USC 10b-2 
note.>> Secretary of Defense, after consultation with the United States 
Trade Representative, determines that a foreign country which is party 
to an agreement described in paragraph (2) has violated the terms of the 
agreement by discriminating against certain types of products produced 
in the United States that are covered by the agreement, the Secretary of 
Defense shall rescind the Secretary's blanket waiver of the Buy American 
Act with respect to such types of products produced in that foreign 
country.

    (2) An <<NOTE: Memorandum.>> 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 <<NOTE: Reports.>> of Defense shall submit to the 
Congress a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2010. Such report shall separately 
indicate the dollar value of items for which the Buy American Act was 
waived pursuant to any agreement described in subsection (a)(2), the 
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 
international agreement to which the United States is a party.

    (c) For <<NOTE: Definition.>> purposes of this section, the term 
``Buy American Act'' means title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for the 
fiscal year ending June 30, 1934, and for other purposes'', approved 
March 3, 1933 (41 U.S.C. 10a et seq.).

    Sec. 8031.  During <<NOTE: Housing. Native Americans. State 
listing.>> the current fiscal year, amounts contained in the Department 
of Defense Overseas Military Facility Investment Recovery Account 
established by section 2921(c)(1) of the National Defense Authorization 
Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
until expended for the payments specified by section 2921(c)(2) of that 
Act.

    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 Grand Forks Air Force 
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth 
Air Force Base, and Minot Air Force Base that are excess to the needs of 
the Air Force.
    (b) The <<NOTE: Land conveyance.>> Secretary of the Air Force shall 
convey, at no cost to the Air Force, military housing units under 
subsection (a) in accordance with the request for such units that are 
submitted to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of Nevada, Idaho, North 
Dakota, South Dakota, Montana, Oregon, and Minnesota.

    (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) <<NOTE: Definition.>> 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).

[[Page 123 STAT. 3436]]

    Sec. 8033.  During the current fiscal year, appropriations which are 
available to the Department of Defense for operation and maintenance may 
be used to purchase items having an investment item unit cost of not 
more than $250,000.
    Sec. 8034. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal <<NOTE: Budget request.>> year 2011 budget request 
for the Department of Defense as well as all justification material and 
other documentation supporting the fiscal year 2011 Department of 
Defense budget shall be prepared and submitted to the Congress on the 
basis that any equipment which was classified as an end item and funded 
in a procurement appropriation contained in this Act shall be budgeted 
for in a proposed fiscal year 2011 procurement appropriation and not in 
the supply management business area or any other area or category of the 
Department of Defense Working Capital Funds.

    Sec. 8035.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for obligation 
beyond the current fiscal year, except for funds appropriated for the 
Reserve for Contingencies, which shall remain available until <<NOTE: 50 
USC 403u note.>> September 30, 2011: Provided, 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 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2011.

    Sec. 8036.  Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8037.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, 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 damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    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

[[Page 123 STAT. 3437]]

Act. For purposes <<NOTE: Definition.>> of this subsection, the term 
``Buy American Act'' means title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for the 
fiscal year ending June 30, 1934, and for other purposes'', approved 
March 3, 1933 (41 U.S.C. 10a et seq.).

    (b) If 
the <<NOTE: Determination. Labeling. Fraud. Debarment.>> Secretary of 
Defense determines that a person has been convicted of intentionally 
affixing 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 with section 2410f 
of title 10, United States Code, whether the person should be debarred 
from contracting 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 Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality-competitive, and available in a timely fashion.
    Sec. 8039.  None of <<NOTE: Contracts. Determination.>> the funds 
appropriated by this Act shall be available for a contract for studies, 
analysis, or consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the activity 
responsible for the procurement determines--
            (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: 
        Provided, <<NOTE: Determination.>> That this limitation shall 
        not apply to contracts in an amount of less than $25,000, 
        contracts related to improvements of equipment that is in 
        development or production, or contracts as to which a civilian 
        official of the Department of Defense, who has been confirmed by 
        the Senate, determines that the award of such contract is in the 
        interest of the national defense.

    Sec. 8040. (a) Except 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 
        headquarters.

    (b) The <<NOTE: Waiver 
authority. Determination. Certification.>> Secretary of Defense or 
Secretary of a military department may waive the limitations in 
subsection (a), on a case-by-case basis, if the Secretary determines, 
and certifies to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver will reduce 
the personnel requirements or the financial requirements of the 
department.

    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program; or

[[Page 123 STAT. 3438]]

            (2) an Army field operating agency established to eliminate, 
        mitigate, or counter the effects of improvised explosive 
        devices, and, as determined by the Secretary of the Army, other 
        similar threats.

    Sec. 8041.  The <<NOTE: Grants.>> Secretary of Defense, 
notwithstanding any other provision of law, acting through the Office of 
Economic Adjustment of the Department of Defense, may use funds made 
available in this Act under the heading ``Operation and Maintenance, 
Defense-Wide'' to make grants and supplement other Federal funds in 
accordance with the guidance provided in the explanatory statement 
regarding this Act.

                              (rescissions)

    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:
            ``Research, Development, Test and Evaluation, Navy, 2009/
        2010'', $20,000,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2009/2010'', $98,430,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2009/2010'', $154,457,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, 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'', 
        $628,900,000;
            ``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 authorized positions for military (civilian) technicians of 
the Army National Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8044.  None <<NOTE: North Korea.>> of the funds appropriated or 
otherwise made available in this Act may be obligated or expended for 
assistance to the Democratic People's Republic of Korea unless 
specifically appropriated for that purpose.

    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 Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program: Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.

[[Page 123 STAT. 3439]]

    Sec. 8046.  During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, <<NOTE: Waiver authority. Certification.>> 2003, 
level: Provided, That the Service Surgeons General may waive this 
section by certifying to the congressional defense committees that the 
beneficiary population is declining in some catchment areas and civilian 
strength reductions may be consistent with responsible resource 
stewardship and capitation-based budgeting.

    Sec. 8047. (a) None <<NOTE: Drugs and drug abuse. 10 USC 374 
note.>> of the funds available to the Department of Defense for any 
fiscal year for drug interdiction or counter-drug activities may be 
transferred to any other department or agency of the United States 
except as specifically provided in an appropriations law.

    (b) None <<NOTE: 50 USC 403f note.>> of the funds available to the 
Central Intelligence Agency for any fiscal year for drug interdiction 
and counter-drug activities may be transferred to any other department 
or agency of the United States except as specifically provided in an 
appropriations law.

    Sec. 8048.  None <<NOTE: Ball and roller bearings.>> 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 <<NOTE: Waiver 
authority. Certification.>> source and of domestic origin: Provided, 
That the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, 
That <<NOTE: Applicability.>> this restriction shall not apply to the 
purchase of ``commercial items'', as defined by section 4(12) of the 
Office of Federal Procurement Policy Act, except that the restriction 
shall apply to ball or roller bearings purchased as end items.

    Sec. 8049.  None <<NOTE: Certification.>> 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. 8050.  None <<NOTE: Salaries.>> of the funds made available in 
this or any other Act may be used to pay the salary of any officer or 
employee of the Department of Defense who approves or implements the 
transfer of administrative responsibilities or budgetary resources of 
any program, project, or activity financed by this Act to the 
jurisdiction of another Federal agency not financed by this Act without 
the express authorization of Congress: 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 <<NOTE: Notification. Deadline.>> 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

[[Page 123 STAT. 3440]]

described in subsection (b) unless the congressional defense committees, 
the Committee on Foreign Affairs of the House of Representatives, and 
the Committee on Foreign Relations of the Senate are notified 15 days in 
advance of such transfer.

    (b) This section <<NOTE: Applicability.>> applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-enforcement, 
        or humanitarian assistance operation.

    (c) A notice under subsection (a) shall include the following--
            (1) A description of the equipment, 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 
                President proposes to provide funds for such 
                replacement.

    Sec. 8052.  <<NOTE: Contracts.>> None of the funds available to the 
Department of Defense under this Act shall be obligated or expended to 
pay a contractor under a contract with the Department of Defense for 
costs of any amount paid by the contractor to an employee when--
            (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.

                      (including transfer of funds)

    Sec. 8053.  During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8054.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--

[[Page 123 STAT. 3441]]

            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department 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 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in 
        the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge to 
        a current account under the authority of this section shall be 
        reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.

    Sec. 8055. <<NOTE: 10 USC 1401 note.>> (a) In General.--Service as a 
member of the Alaska Territorial Guard during World War II of any 
individual who was honorably discharged therefrom under section 8147 of 
the Department of Defense Appropriations Act, 2001 (Public Law 106-259; 
114 Stat. 705) shall be treated as active service for purposes of the 
computation under chapter 61, 71, 371, 571, 871, or 1223 of title 10, 
United States Code, as applicable, of the retired pay to which such 
individual may be entitled under title 10, United States Code.

    (b) Applicability.--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) World War II Defined.--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 Bureau may permit the use of equipment of the 
National Guard Distance Learning Project by any person or entity on a 
space-available, reimbursable <<NOTE: Reimbursement.>> 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 <<NOTE: Germany.>> funds available by this Act or 
any other Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States Code, may 
implement cost-effective agreements for required heating facility 
modernization in the Kaiserslautern Military Community in the Federal 
Republic of Germany: Provided, <<NOTE: Anthracite.>> 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

[[Page 123 STAT. 3442]]

heat may be obtained from private, regional or municipal services, if 
provisions are included for the consideration of United States coal as 
an energy source.

    Sec. 8058.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National <<NOTE: Waiver 
authority. Certification.>> Intelligence Program: Provided further, That 
the Secretary of Defense may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that it is in the national 
security interest to do so.

    Sec. 8059.  None of the funds made available in this Act may be used 
to approve or license the sale of the F-22A advanced tactical fighter to 
any foreign government: Provided, That the Department of Defense may 
conduct or participate in studies, research, design and other activities 
to define and develop a future export version of the F-22A that protects 
classified and sensitive information, technologies and U.S. warfighting 
capabilities.
    Sec. 8060. (a) The Secretary <<NOTE: Waiver 
authority. Determination.>> of Defense may, on a case-by-case basis, 
waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if the 
Secretary determines that the application of the limitation with respect 
to that country would invalidate cooperative programs entered into 
between the Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of defense 
items entered into under section 2531 of title 10, United States Code, 
and the country does not discriminate against the same or similar 
defense items produced in the United States for that country.

    (b) Subsection (a) <<NOTE: Applicability.>> 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 adjusted 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 Harmonized Tariff Schedule and products classified under headings 
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 
8211, 8215, and 9404.
    Sec. 8061. (a) <<NOTE: Human rights.>> None of the funds made 
available by this Act may be used to support any training program 
involving a unit of the security forces of a foreign country if the 
Secretary of Defense has received credible information from the 
Department of State that the unit has committed a gross violation of 
human rights, unless all necessary corrective steps have been taken.

    (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

[[Page 123 STAT. 3443]]

to all credible information available to the Department of State 
relating to human rights violations by foreign security forces.
    (c) The <<NOTE: Waiver authority. Determination.>> Secretary of 
Defense, after consultation with the Secretary of State, may waive the 
prohibition in subsection (a) if he determines that such waiver is 
required by extraordinary circumstances.

    (d) Not more <<NOTE: Deadline. Reports.>> than 15 days after the 
exercise of any waiver under subsection (c), the Secretary of Defense 
shall submit a report to the congressional defense committees describing 
the extraordinary circumstances, the purpose and duration of the 
training program, the United States forces and the foreign security 
forces involved in the training program, and the information relating to 
human rights violations that necessitates the waiver.

    Sec. 8062.  None <<NOTE: Vessels.>> of the funds appropriated or 
made available in this Act to the Department of the Navy shall be used 
to develop, lease or procure the T-AKE class of ships unless the main 
propulsion diesel engines and propulsors are manufactured in the United 
States by a domestically <<NOTE: Waiver 
authority. Certification.>> operated entity: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes or there exists a significant 
cost or quality difference.

    Sec. 8063.  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. 8064.  Notwithstanding <<NOTE: Reports.>> any other provision 
of law, funds appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any new start 
advanced concept technology demonstration project or joint capability 
demonstration project may only be obligated 30 days after a report, 
including a description of the project, the planned acquisition and 
transition strategy and its estimated annual and total cost, has been 
provided in writing to the congressional defense committees: 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 <<NOTE: Classified 
information. Reports. Deadlines. Effective date.>> Secretary of Defense 
shall provide a classified quarterly report beginning 30 days after 
enactment of this Act, to the House and Senate Appropriations 
Committees, Subcommittees on Defense on certain matters as directed in 
the classified annex accompanying this Act.

    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 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable basis, 
and is providing

[[Page 123 STAT. 3444]]

the requested support pursuant to such <<NOTE: Waiver 
authority. Certification.>> authority: Provided further, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the national 
security interest to do so.

    Sec. 8067.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8068.  None <<NOTE: Arms and munitions.>> of the funds provided 
in this Act may be used to transfer to any nongovernmental entity 
ammunition held by the Department of Defense that has a center-fire 
cartridge and a United States military nomenclature designation of 
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing 
incendiary (API)'', or ``armor-piercing incendiary-tracer (API-T)'', 
except to an entity performing demilitarization services for the 
Department of Defense under a contract that requires the entity to 
demonstrate to the satisfaction of the Department of Defense that armor 
piercing projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the manufacture of 
ammunition for export pursuant to a License for Permanent Export of 
Unclassified Military Articles issued by the Department of State.

    Sec. 8069.  Notwithstanding <<NOTE: Waiver authority. Time 
period.>> any other provision of law, the Chief of the National Guard 
Bureau, or his designee, may waive payment of all or part of the 
consideration that otherwise would be required under section 2667 of 
title 10, United States Code, in the case of a lease of personal 
property for a period not in excess of 1 year to any organization 
specified in section 508(d) of title 32, United States Code, or any 
other youth, social, or fraternal nonprofit organization as may be 
approved by the Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis.

    Sec. 8070.  None <<NOTE: Alcohol and alcoholic beverages.>> of the 
funds appropriated by this Act shall be used for the support of any 
nonappropriated funds activity of the Department of Defense that 
procures malt beverages and wine with nonappropriated funds for resale 
(including such alcoholic beverages sold by the drink) on a military 
installation located in the United States unless such malt beverages and 
wine are procured within that State, or in the case of the District of 
Columbia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases may be made in 
any State in which the <<NOTE: Applicability.>> installation is located: 
Provided further, That such local procurement requirements for malt 
beverages and wine shall apply to all alcoholic beverages only for 
military installations in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other than wine and 
malt beverages, in contiguous States and the District of Columbia shall 
be procured from the most competitive source, price and other factors 
considered.

    Sec. 8071.  Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite

[[Page 123 STAT. 3445]]

and ground control segments of such system's modernization program.

                      (including transfer of funds)

    Sec. 8072.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $106,754,000 shall remain 
available until expended: Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government: Provided 
further, <<NOTE: Contracts. Real property.>> That the Secretary of 
Defense is authorized to enter into and carry out contracts for the 
acquisition of real property, construction, personal services, and 
operations related to projects carrying out the purposes of this 
section: Provided further, That contracts entered into under the 
authority of this section may provide for such indemnification as the 
Secretary determines to be necessary: Provided further, That projects 
authorized by this section shall comply with applicable Federal, State, 
and local law to the maximum extent consistent with the national 
security, as determined by the Secretary of Defense.

    Sec. 8073.  <<NOTE: Applicability. 10 USC 113 note.>> Section 8106 
of the Department of Defense Appropriations Act, 1997 (titles I through 
VIII of the matter under subsection 101(b) of Public Law 104-208; 110 
Stat. 3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to 
disbursements that are made by the Department of Defense in fiscal year 
2010.

    Sec. 8074.  In addition to amounts provided elsewhere in this Act, 
$3,750,000 is hereby appropriated to the Department of Defense, to 
remain available for <<NOTE: Grants. Fish House Foundation, 
Inc.>> obligation until expended: Provided, That notwithstanding any 
other provision of law, these funds shall be available only for a grant 
to the Fisher House Foundation, Inc., only for the construction and 
furnishing of additional Fisher Houses to meet the needs of military 
family members when confronted with the illness or hospitalization of an 
eligible military beneficiary.

                      (including transfer of funds)

    Sec. 8075.  Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$202,434,000 shall be for the Israeli Cooperative Programs: Provided, 
That of this amount, $80,092,000 shall be for the Short Range Ballistic 
Missile Defense (SRBMD) program, including cruise missile defense 
research and development under the SRBMD program, $50,036,000 shall be 
available for an upper-tier component to the Israeli Missile Defense 
Architecture, and $72,306,000 shall be for the Arrow Missile Defense 
Program, of which $25,000,000 shall be for producing Arrow missile 
components in the United States and Arrow missile components in Israel 
to meet Israel's defense requirements, consistent with each nation's 
laws, regulations and procedures: Provided further, That funds made 
available under this provision for production of missiles and missile 
components may be transferred to appropriations available for the 
procurement of weapons and equipment, to be merged with and to be 
available for the same time period and the same purposes as the 
appropriation to which transferred: Provided further, That the transfer 
authority provided under this provision is in addition to any other 
transfer authority contained in this Act.

[[Page 123 STAT. 3446]]

                      (including transfer of funds)

    Sec. 8076.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $144,950,000 shall be 
available until September 30, 2010, to fund prior year shipbuilding cost 
increases: Provided, That upon enactment of this Act, the Secretary of 
the Navy shall transfer such funds to the following appropriations in 
the amounts specified: Provided further, That the amounts transferred 
shall be merged with and be available for the same purposes as the 
appropriations to which transferred:
            To:
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2004/2010'':
                          New SSN, $26,906,000; and
                          LPD-17 Amphibious Transport Dock Program, 
                      $16,844,000.
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2005/2010'':
                          New SSN, $18,702,000; and
                          LPD-17 Amphibious Transport Dock Program, 
                      $16,498,000.
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2008/2012'':
                          LPD-17 Amphibious Transport Dock Program, 
                      $66,000,000.

    Sec. 8077.  None of the funds available to the Department of Defense 
may be obligated to modify command and control relationships to give 
Fleet Forces Command administrative and operational control of U.S. Navy 
forces assigned to the Pacific fleet: Provided, That the command and 
control relationships which existed on October 1, 2004, shall remain in 
force unless changes are specifically authorized in a subsequent Act.
    Sec. 8078.  Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code, for occupations listed 
in section 7403(a)(2) of title 38, United States Code, as well as the 
following:
            Pharmacists, Audiologists, Psychologists, Social Workers, 
        Othotists/Prosthetists, Occupational Therapists, Physical 
        Therapists, Rehabilitation Therapists, Respiratory Therapists, 
        Speech Pathologists, Dietitian/Nutritionists, Industrial 
        Hygienists, Psychology Technicians, Social Service Assistants, 
        Practical Nurses, Nursing Assistants, and Dental Hygienists:
                    (A) The <<NOTE: Applicability.>> requirements of 
                section 7403(g)(1)(A) of title 38, United States Code, 
                shall apply.
                    (B) The limitations of section 7403(g)(1)(B) of 
                title 38, United States Code, shall not apply.

    Sec. 8079.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed to 
be specifically authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 
2010 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2010.
    Sec. 8080.  None <<NOTE: Notification.>> of the funds provided in 
this Act shall be available for obligation or expenditure through a 
reprogramming of funds that creates or initiates a new program, project, 
or activity

[[Page 123 STAT. 3447]]

unless such program, project, or activity must be undertaken immediately 
in the interest of national security and only after written prior 
notification to the congressional defense committees.

    Sec. 8081.  In <<NOTE: Grants.>> addition to funds made available 
elsewhere in this Act, $5,500,000 is hereby appropriated and shall 
remain available until expended to provide assistance, by grant or 
otherwise (such as the provision of funds for information technology and 
textbook purchases, professional development for educators, and student 
transition support) to public schools in states that are considered 
overseas assignments with unusually high concentrations of special needs 
military dependents enrolled: Provided, That up to 2 percent of the 
total appropriated funds under this section shall be available for the 
administration and execution of the programs and/or events that promote 
the purpose of this appropriation: Provided further, That up to 5 
percent of the total appropriated funds under this section shall be 
available to public schools that have entered into a military 
partnership: Provided further, That $1,000,000 shall be available for a 
nonprofit trust fund to assist in the public-private funding of public 
school repair and maintenance projects: Provided further, That $500,000 
shall be available to fund an ongoing special education support program 
in public schools with unusually high concentrations of active duty 
military dependents enrolled: Provided further, That to the extent a 
Federal agency provides this assistance by contract, grant, or 
otherwise, it may accept and expend non-Federal funds in combination 
with these Federal funds to provide assistance for the authorized 
purpose.

    Sec. 8082. (a) <<NOTE: Grants. Center for Military Recruitment, 
Assessment and Veterans Employment.>> In addition to the amounts 
provided elsewhere in this Act, $3,000,000 is hereby appropriated to the 
Department of Defense for ``Operation and Maintenance, Army National 
Guard''. Such amount shall be made available to the Secretary of the 
Army only to make a grant in the amount of $3,000,000 to the entity 
specified in subsection (b) to facilitate access by veterans to 
opportunities for skilled employment in the construction industry.

    (b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a nonprofit 
labor-management cooperation committee provided for by section 302(c)(9) 
of the Labor-Management Relations Act, 1947 (29 U.S.C. 186(c)(9)), for 
the purposes set forth in section 6(b) of the Labor Management 
Cooperation Act of 1978 (29 U.S.C. 175a note).
    Sec. 8083.  The <<NOTE: Federal budget. 10 USC 221 note.>> budget of 
the President for fiscal year 2011 submitted to the Congress pursuant to 
section 1105 of title 31, United States Code, shall include separate 
budget justification documents for costs of United States Armed Forces' 
participation in contingency operations for the Military Personnel 
accounts, the Operation and Maintenance accounts, and the Procurement 
accounts: Provided, That these documents shall include a description of 
the funding requested for each contingency operation, for each military 
service, to include all Active and Reserve components, and for each 
appropriations account: Provided further, That these documents shall 
include estimated costs for each element of expense or object class, a 
reconciliation of increases and decreases for each contingency 
operation, and programmatic data including, but not limited to, troop 
strength for each Active and Reserve component, and estimates of the 
major weapons systems deployed in support of each contingency: Provided 
further, That these documents shall

[[Page 123 STAT. 3448]]

include budget exhibits OP-5 and OP-32 (as defined in the Department of 
Defense Financial Management Regulation) for all contingency operations 
for the budget year and the two preceding fiscal years.

    Sec. 8084.  None <<NOTE: Nuclear arms.>> of the funds in this Act 
may be used for research, development, test, evaluation, procurement or 
deployment of nuclear armed interceptors of a missile defense system.

    Sec. 8085.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $110,640,000 is hereby 
appropriated to the <<NOTE: Grants.>> Department of Defense: Provided, 
That the Secretary of Defense shall make grants in the amounts specified 
as follows: $15,000,000 to the United Service Organizations; $22,500,000 
to the Red Cross; $6,000,000 to the SOAR Virtual School District; 
$5,000,000 to The Presidio Heritage Center; $5,000,000 to the 
Paralympics Military Program; $3,840,000 to the Arrest Deterioration of 
Ford Island Aviation Control Tower, Pearl Harbor, Hawaii; $1,500,000 to 
the Go For Broke program; $800,000 to Our Military Kids; $3,000,000 to 
the New Jersey Technology Center; $1,600,000 to the Women in Military 
Service for America Memorial; $500,000 to the Marshall Legacy Institute; 
$1,000,000 to the Vietnam Veterans Memorial Fund for Demining 
Activities; $18,900,000 to the Edward M. Kennedy Institute for the 
Senate; $5,000,000 to the U.S.S. Missouri Memorial Association; 
$20,000,000 to the National World War II Museum; and $1,000,000 for the 
Riverside General Hospital in Houston, Texas, for the treatment of 
psychological health issues.

    Sec. 8086.  None <<NOTE: 53rd Weather Reconnaissance Squadron.>> of 
the funds appropriated or made available in this Act shall be used to 
reduce or disestablish the operation of the 53rd Weather Reconnaissance 
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act: 
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season.

    Sec. 8087.  None <<NOTE: Foreign intelligence.>> of the funds 
provided in this Act shall be available for integration of foreign 
intelligence information unless the information has been lawfully 
collected and processed during the conduct of authorized foreign 
intelligence activities: Provided, That information pertaining to United 
States persons shall only be handled in accordance with protections 
provided in the Fourth Amendment of the United States Constitution as 
implemented through Executive Order No. 12333.

    Sec. 8088. (a) <<NOTE: Notification. Deployment.>> At the time 
members of reserve components of the Armed Forces are called or ordered 
to active duty under section 12302(a) of title 10, United States Code, 
each member shall be notified in writing of the expected period during 
which the member will be mobilized.

    (b) The <<NOTE: Waiver authority. Determination.>> Secretary of 
Defense may waive the requirements of subsection (a) in any case in 
which the Secretary determines that it is necessary to do so to respond 
to a national security emergency or to meet dire operational 
requirements of the Armed Forces.

[[Page 123 STAT. 3449]]

                      (including transfer of funds)

    Sec. 8089.  The Secretary of Defense may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating necessary 
changes resulting from inflation, market fluctuations, or rate 
adjustments for any ship construction program appropriated in law: 
Provided, That the Secretary may transfer not to exceed $100,000,000 
under the authority provided by this section: Provided further, That 
the <<NOTE: Notification. Deadline.>> Secretary may not transfer any 
funds until 30 days after the proposed transfer has been reported to the 
Committees on Appropriations of the House of Representatives and the 
Senate, unless a response from the Committees is received sooner: 
Provided further, That the transfer authority provided by this section 
is in addition to any other transfer authority contained elsewhere in 
this Act.

    Sec. 8090.  For purposes of section 612 of title 41, United States 
Code, any subdivision of appropriations made under the heading 
``Shipbuilding and Conversion, Navy'' that is not closed at the time 
reimbursement is made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.
    Sec. 8091. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, acquisition, or other program 
authority relating to current tactical unmanned aerial vehicles (TUAVs) 
from the Army.
    (b) The Army shall retain responsibility for and operational control 
of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order to 
support the Secretary of Defense in matters relating to the employment 
of unmanned aerial vehicles.
    Sec. 8092.  Of the funds provided in this Act, $10,000,000 shall be 
available for the operations and development of training and technology 
for the Joint Interagency Training and Education Center and the 
affiliated Center for National Response at the Memorial Tunnel and for 
providing homeland defense/security and traditional warfighting training 
to the Department of Defense, other Federal agencies, and State and 
local first responder personnel at the Joint Interagency Training and 
Education Center.
    Sec. 8093.  Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
    Sec. 8094.  Up to $16,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of enabling 
the Pacific Command to execute Theater Security Cooperation activities 
such as humanitarian assistance, and payment of incremental and 
personnel costs of training and exercising with foreign security forces: 
Provided, That funds made available for this purpose may be used, 
notwithstanding any other funding authorities for humanitarian 
assistance, security assistance or combined exercise expenses: Provided 
further, That funds may not be obligated to provide assistance to any 
foreign country that

[[Page 123 STAT. 3450]]

is otherwise prohibited from receiving such type of assistance under any 
other provision of law.
    Sec. 8095.  None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2011.
    Sec. 8096.  For <<NOTE: Applicability.>> purposes of section 1553(b) 
of title 31, United States Code, any subdivision of appropriations made 
in this Act under the heading ``Shipbuilding and Conversion, Navy'' 
shall be considered to be for the same purpose as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior fiscal year, and the 1 percent limitation shall apply to the total 
amount of the appropriation.

    Sec. 8097.  Notwithstanding any other provision of this Act, to 
reflect savings from revised economic assumptions, the total amount 
appropriated in title II of this Act is hereby reduced by $194,000,000, 
the total amount appropriated in title III of this Act is hereby reduced 
by $322,000,000, the total amount appropriated in title IV of this Act 
is hereby reduced by $336,000,000, and the total amount appropriated in 
title V of this Act is hereby reduced by $9,000,000: Provided, 
That <<NOTE: Allocation.>> the Secretary of Defense shall allocate this 
reduction proportionally to each budget activity, activity group, 
subactivity group, and each program, project, and activity, within each 
appropriation account.

    Sec. 8098.  Notwithstanding any other provision of law, that not 
more than 35 percent of funds provided in this Act for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8099.  The <<NOTE: 10 USC 221 note.>> Secretary of Defense 
shall create a major force program category for space for the Future 
Years Defense Program of the Department of Defense. 
The <<NOTE: Designation.>> Secretary of Defense shall designate an 
official in the Office of the Secretary of Defense to provide overall 
supervision of the preparation and justification of program 
recommendations and budget proposals to be included in such major force 
program category.

    Sec. 8100.  The <<NOTE: 50 USC 415a-2 note.>> Director of National 
Intelligence shall include the budget exhibits identified in paragraphs 
(1) and (2) as described in the Department of Defense Financial 
Management Regulation with the congressional budget justification books.
            (1) For procurement programs requesting more than 
        $20,000,000 in any fiscal year, the P-1, Procurement Program; P-
        5, Cost Analysis; P-5a, Procurement History and Planning; P-21, 
        Production Schedule; and P-40, Budget Item Justification.
            (2) For research, development, test and evaluation projects 
        requesting more than $10,000,000 in any fiscal year, the R-1, 
        RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E 
        Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.

    Sec. 8101.  Notwithstanding <<NOTE: Contracts. Grants.>> any other 
provision of law, none of the funds made available in this Act may be 
used to pay negotiated indirect cost rates on a contract, grant, or 
cooperative agreement (or similar arrangement) entered into by the 
Department of Defense and an entity in excess of 35 percent of the total 
cost of the contract, grant, or agreement (or similar arrangement):

[[Page 123 STAT. 3451]]

Provided, That this <<NOTE: Applicability.>> limitation shall apply only 
to contracts, grants, or cooperative agreements entered into after the 
date of enactment of this Act using funds made available in this Act for 
basic research.

    Sec. 8102.  The <<NOTE: Web link.>> Secretary of Defense shall 
maintain on the homepage of the Internet website of the Department of 
Defense a direct link to the Internet website of the Office of Inspector 
General of the Department of Defense.

    Sec. 8103. (a) Not <<NOTE: Deadline. Reports.>> later than 60 days 
after enactment of this Act, the Office of the Director of National 
Intelligence shall submit a report to the congressional intelligence 
committees to establish the baseline for application of reprogramming 
and transfer authorities for fiscal year 2010: Provided, That the report 
shall include--
            (1) a table for each appropriation with a separate column to 
        display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation by 
        Expenditure Center and project; and
            (3) an identification of items of special congressional 
        interest.

    (b) None <<NOTE: Certification.>> of the funds provided for the 
National Intelligence Program in this Act shall be available for 
reprogramming or transfer until the report identified in subsection (a) 
is submitted to the congressional intelligence committees, unless the 
Director of National Intelligence certifies in writing to the 
congressional intelligence committees that such reprogramming or 
transfer is necessary as an emergency requirement.

    Sec. 8104.  The <<NOTE: Submission. 50 USC 415a-3.>> Director of 
National Intelligence shall submit to Congress each year, at or about 
the time that the President's budget is submitted to Congress that year 
under section 1105(a) of title 31, United States Code, a future-years 
intelligence program (including associated annexes) reflecting the 
estimated expenditures and proposed appropriations included in that 
budget. Any such future-years intelligence program shall cover the 
fiscal year with respect to which the budget is submitted and at least 
the four succeeding fiscal years.

    Sec. 8105.  For <<NOTE: Definition.>> the purposes of this Act, the 
term ``congressional intelligence committees'' means the Permanent 
Select Committee on Intelligence of the House of Representatives, the 
Select Committee on Intelligence of the Senate, the Subcommittee on 
Defense of the Committee on Appropriations of the House of 
Representatives, and the Subcommittee on Defense of the Committee on 
Appropriations of the Senate.

    Sec. 8106.  The <<NOTE: Reports. Deadline.>> Department of Defense 
shall continue to report incremental contingency operations costs for 
Operation Iraqi Freedom and Operation Enduring Freedom on a monthly 
basis in the Cost of War Execution Report as prescribed in the 
Department of Defense Financial Management Regulation Department of 
Defense Instruction 7000.14, Volume 12, Chapter 23 ``Contingency 
Operations'', Annex 1, dated September 2005.

    Sec. 8107.  The amounts appropriated in title II of this Act are 
hereby reduced by $400,000,000 to reflect excess cash balances in 
Department of Defense Working Capital Funds, as follows:
            (1) From ``Operation and Maintenance, Army'', $150,000,000; 
        and
            (2) From ``Operation and Maintenance, Air Force'', 
        $250,000,000.

[[Page 123 STAT. 3452]]

                      (including transfer of funds)

    Sec. 8108. (a) Continuation of Stop-Loss Special Pay.--Funds 
appropriated by this Act, or made available by the transfer of funds in 
this Act, shall be made available to the Secretaries of the military 
departments only to provide special pay during fiscal year 2010 to 
members of the Army, Navy, Air Force, and Marine Corps, including 
members of their reserve components, who, at any time during fiscal year 
2010, serve on active duty while the members' enlistment or period of 
obligated service is extended, or whose eligibility for retirement is 
suspended, pursuant to section 123 or 12305 of title 10, United States 
Code, or any other provision of law (commonly referred to as a ``stop-
loss authority'') authorizing the President to extend an enlistment or 
period of obligated service, or suspend an eligibility for retirement, 
of a member of the uniformed services in time of war or of national 
emergency declared by Congress or the President.
    (b) Special Pay Amount.--The amount of the special pay paid under 
subsection (a) to or on behalf of an eligible member shall be $500 per 
month for each month or portion of a month during fiscal year 2010 that 
the member is retained on active duty as a result of application of the 
stop-loss authority.
    (c) Treatment of Deceased Members.--If an eligible member described 
in subsection (a) dies before the payment required by this section is 
made, the Secretary of the military department concerned shall make the 
payment in accordance with section 2771 of title 10, United States Code.
    (d) Clarification of Retroactive Stop-Loss Special Pay Authority.--
Section 310 of the Supplemental Appropriations Act, 2009 (Public Law 
111-32; 123 Stat. 1870) is amended by adding at the end the following 
new subsection:
    ``(i) Effect of Subsequent Reenlistment of Voluntary Extension of 
Service.--Members of the Armed Forces, retired members, and former 
members otherwise described in subsection (a) are not eligible for a 
payment under this section if the members--
            ``(1) voluntarily reenlisted or extended their service after 
        their enlistment or period of obligated service was extended, or 
        after their eligibility for retirement was suspended, pursuant 
        to a stop-loss authority; and
            ``(2) received a bonus for such reenlistment or extension of 
        service.''.

                      (including transfer of funds)

    Sec. 8109.  During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of this Act 
for ``Operation and Maintenance, Army'', ``Operation and Maintenance, 
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred 
by the military department concerned to its central fund established for 
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United 
States Code.

                      (including transfer of funds)

    Sec. 8110.  Of the funds appropriated in the Intelligence Community 
Management Account for the Program Manager for the Information Sharing 
Environment, $24,000,000 is available for

[[Page 123 STAT. 3453]]

transfer by the Director of National Intelligence to other departments 
and agencies for purposes of Government-wide information sharing 
activities: Provided, That funds transferred under this provision are to 
be merged with and available for the same purposes and time period as 
the appropriation to which transferred: Provided further, That the 
Office of Management and Budget must approve any transfers made under 
this provision.
    Sec. 8111.  Funds appropriated by this Act for operation and 
maintenance may be available for the purpose of making remittances to 
the Defense Acquisition Workforce Development Fund in accordance with 
the requirements of section 1705 of title 10, United States Code.
    Sec. 8112. (a) High Priority National Guard Counterdrug Programs.--
Of the amount appropriated or otherwise made available by title VI under 
the heading ``Drug Interdiction and Counter-Drug Activities, Defense'', 
up to $15,000,000 shall be available for the purpose of High Priority 
National Guard Counterdrug Programs.
    (b) Supplement Not Supplant.--The amount made available by 
subsection (a) for the purpose specified in that subsection is in 
addition to any other amounts made available by this Act for that 
purpose.

             apology to native peoples of the united states

    Sec. 8113. (a) Acknowledgment and Apology.--The United States, 
acting through Congress--
            (1) recognizes the special legal and political relationship 
        Indian tribes have with the United States and the solemn 
        covenant with the land we share;
            (2) commends and honors Native Peoples for the thousands of 
        years that they have stewarded and protected this land;
            (3) recognizes that there have been years of official 
        depredations, ill-conceived policies, and the breaking of 
        covenants by the Federal Government regarding Indian tribes;
            (4) apologizes on behalf of the people of the United States 
        to all Native Peoples for the many instances of violence, 
        maltreatment, and neglect inflicted on Native Peoples by 
        citizens of the United States;
            (5) expresses its regret for the ramifications of former 
        wrongs and its commitment to build on the positive relationships 
        of the past and present to move toward a brighter future where 
        all the people of this land live reconciled as brothers and 
        sisters, and harmoniously steward and protect this land 
        together;
            (6) urges the President to acknowledge the wrongs of the 
        United States against Indian tribes in the history of the United 
        States in order to bring healing to this land; and
            (7) commends the State governments that have begun 
        reconciliation efforts with recognized Indian tribes located in 
        their boundaries and encourages all State governments similarly 
        to work toward reconciling relationships with Indian tribes 
        within their boundaries.

    (b) Disclaimer.--Nothing in this section--
            (1) authorizes or supports any claim against the United 
        States; or

[[Page 123 STAT. 3454]]

            (2) serves as a settlement of any claim against the United 
        States.

    Sec. 8114. (a) <<NOTE: Web posting. Reports.>> Any agency receiving 
funds made available in this Act, shall, subject to subsections (b) and 
(c), post on the public website of that agency any report required to be 
submitted by the Congress in this or any other Act, upon the 
determination by the head of the agency that it shall serve the national 
interest.

    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.

    (c) The <<NOTE: Time period.>> head of the agency posting such 
report shall do so only after such report has been made available to the 
requesting Committee or Committees of Congress for no less than 45 days.

    Sec. 8115. (a) It is the sense of Congress that--
            (1) All of the National Nuclear Security Administration 
        sites, including the Nevada Test Site can play an effective and 
        essential role in developing and demonstrating--
                    (A) innovative and effective methods for treaty 
                verification and the detection of nuclear weapons and 
                other materials; and
                    (B) related threat reduction technologies; and
            (2) the Administrator for Nuclear Security should expand the 
        mission of the Nevada Test Site to carry out the role described 
        in paragraph (1), including by--
                    (A) fully utilizing the inherent capabilities and 
                uniquely secure location of the Site;
                    (B) continuing to support the Nation's nuclear 
                weapons program and other national security programs; 
                and
                    (C) renaming the Site to reflect the expanded 
                mission of the Site.

    (b) Not <<NOTE: Deadline. Infrastructure plan.>> later than one year 
after the date of the enactment of this Act, the Administrator for 
Nuclear Security shall submit to the congressional defense committees 
and the Subcommittees on Energy and Water Development of the Committees 
on Appropriations a plan for improving the infrastructure of the Nevada 
Test Site of the National Nuclear Security Administration and, if the 
Administrator deems appropriate, all other sites under the jurisdiction 
of the National Nuclear Security Administration--
            (1) to fulfill the expanded mission of the Site described in 
        subsection (a); and
            (2) to make the Site available to support the threat 
        reduction programs of the entire national security community, 
        including threat reduction programs of the National Nuclear 
        Security Administration, the Defense Threat Reduction Agency, 
        the Department of Homeland Security, and other agencies as 
        appropriate.

    Sec. 8116. (a) <<NOTE: Contracts. Time period.>> None of the funds 
appropriated or otherwise made available by this Act may be expended for 
any Federal contract for an amount in excess of $1,000,000 that is 
awarded more than 60 days after the effective date of this Act, unless 
the contractor agrees not to:
            (1) enter into any agreement with any of its employees or 
        independent contractors that requires, as a condition of 
        employment, that the employee or independent contractor agree to 
        resolve through arbitration any claim under title VII of the 
        Civil Rights Act of 1964 or any tort related to or arising

[[Page 123 STAT. 3455]]

        out of sexual assault or harassment, including assault and 
        battery, intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; or
            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising out of 
        sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention.

    (b) None <<NOTE: Time period. Certification.>> of the funds 
appropriated or otherwise made available by this Act may be expended for 
any Federal contract awarded more than 180 days after the effective date 
of this Act unless the contractor certifies that it requires each 
covered subcontractor to agree not to enter into, and not to take any 
action to enforce any provision of, any agreement as described in 
paragraphs (1) and (2) of subsection (a), with respect to any employee 
or independent contractor performing work related to such subcontract. 
For purposes of this subsection, a ``covered subcontractor'' is an 
entity that has a subcontract in excess of $1,000,000 on a contract 
subject to subsection (a).

    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or independent 
contractors that may not be enforced in a court of the United States.
    (d) The <<NOTE: Waiver authority. Determination.>> Secretary of 
Defense may waive the application of subsection (a) or (b) to a 
particular contractor or subcontractor for the purposes of a particular 
contract or subcontract if the Secretary or the Deputy Secretary 
personally determines that the waiver is necessary to avoid harm to 
national security interests of the United States, and that the term of 
the contract or subcontract is not longer than necessary to avoid such 
harm. The determination shall set forth with specificity the grounds for 
the waiver and for the contract or subcontract term selected, and shall 
state any alternatives considered in lieu of a waiver and the reasons 
each such alternative would not avoid harm to national security 
interests <<NOTE: Public information. Deadline.>> of the United States. 
The Secretary of Defense shall transmit to Congress, and simultaneously 
make public, any determination under this subsection not less than 15 
business days before the contract or subcontract addressed in the 
determination may be awarded.

    Sec. 8117. (a) Prohibition on Conversion of Functions Performed by 
Federal Employees to Contractor Performance.--None of the funds 
appropriated or otherwise made available by this Act, or that remain 
available for obligation for the Department of Defense from the 
Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Public Law 110-329), the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5), and the Supplemental 
Appropriations Act, 2009 (Public Law 111-32), may be used to begin or 
announce the competition to award to a contractor or convert to 
performance by a contractor any functions performed by Federal employees 
pursuant to a study conducted under Office of Management and Budget 
(OMB) Circular A-76.
    (b) Exception.--The prohibition in subsection (a) shall not apply to 
the award of a function to a contractor or the conversion

[[Page 123 STAT. 3456]]

of a function to performance by a contractor pursuant to a study 
conducted under Office of Management and Budget (OMB) Circular A-76 once 
all reporting and certifications required by section 325 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) have 
been satisfactorily completed.
    Sec. 8118. (a)(1) No National Intelligence Program funds 
appropriated in this Act may be used for a mission critical or mission 
essential business management information technology system that is not 
registered with the Director of National <<NOTE: Notice.>> Intelligence. 
A system shall be considered to be registered with that officer upon the 
furnishing notice of the system, together with such information 
concerning the system as the Director of the Business Transformation 
Office may prescribe.

    (2) During the current fiscal year no funds may be obligated or 
expended for a financial management automated information system, a 
mixed information system supporting financial and non-financial systems, 
or a business system improvement of more than $3,000,000, within the 
Intelligence Community without the approval of the Business 
Transformation Investment Review Board.
    (b) The <<NOTE: Deadlines. Reports.>> Director of the Business 
Transformation Office shall provide the congressional intelligence 
committees a semi-annual report of approvals under paragraph (1) no 
later than March 30 and September 30 of each year. The report shall 
include the results of the Business Transformation Investment Review 
Board's semi-annual activities, and each report shall certify that the 
following steps have been taken for systems approved under paragraph 
(1):
            (1) Business process reengineering.
            (2) An analysis of alternatives and an economic analysis 
        that includes a calculation of the return on investment.
            (3) Assurance the system is compatible with the enterprise-
        wide business architecture.
            (4) Performance measures.
            (5) An information assurance strategy consistent with the 
        Chief Information Officer of the Intelligence Community.

    (c) This section shall not apply to any programmatic or analytic 
systems or programmatic or analytic system improvements.

                      (including transfer of funds)

    Sec. 8119.  In addition to funds made available elsewhere in this 
Act, there is hereby appropriated $291,715,000, to remain available 
until transferred: Provided, That these funds are appropriated to the 
``Tanker Replacement Transfer Fund'' (referred to as ``the Fund'' 
elsewhere in this section): Provided further, That the Secretary of the 
Air Force may transfer amounts in the Fund to ``Operation and 
Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and 
``Research, Development, Test and Evaluation, Air Force'', only for the 
purposes of proceeding with a tanker acquisition program: Provided 
further, That funds transferred shall be merged with and be available 
for the same purposes and for the same time period as the appropriations 
or fund to which transferred: Provided further, That this transfer 
authority is in addition to any other transfer authority available to 
the Department of Defense: Provided further, 
That <<NOTE: Deadline. Notification.>> the Secretary of the Air Force 
shall, not fewer than 15 days prior to making transfers using funds 
provided in this section, notify the congressional defense committees in 
writing of the details of any <<NOTE: Reports. Deadlines.>> such 
transfer: Provided further, That

[[Page 123 STAT. 3457]]

the Secretary shall submit a report no later than 30 days after the end 
of each fiscal quarter to the congressional defense committees 
summarizing the details of the transfer of funds from this 
appropriation.

    Sec. 8120. (a) Resettlement Support and Other Public Benefits for 
Certain Iraqi Refugees.--Section 1244(g) of the Refugee Crisis in Iraq 
Act of 2007 (subtitle C of title XII of division A of Public Law 110-
181; 122 Stat. 398) <<NOTE: 8 USC 1157 note.>> is amended by striking 
``for a period not to exceed eight months'' and inserting ``to the same 
extent, and for the same periods of time, as such refugees''.

    (b) Resettlement Support and Other Public Benefits for Certain 
Afghan Allies.--Section 602(b)(8) of the Afghan Allies Protection Act of 
2009 (title VI of division F of Public Law 111-8; 123 Stat. 
809) <<NOTE: 8 USC 1101 note.>> is amended by striking ``for a period 
not to exceed 8 months'' and inserting ``to the same extent, and for the 
same periods of time, as such refugees''.

    Sec. 8121. (a) <<NOTE: Earmarks.>> Each congressionally directed 
spending item specified in this Act or the explanatory statement 
regarding this Act that is also identified in Senate Report 111-74 and 
intended for award to a for-profit entity shall be subject to 
acquisition regulations for full and open competition on the same basis 
as each spending item intended for a for-profit entity that is contained 
in the budget request of the President.

    (b) Exceptions.--Subsection (a) shall not apply to any contract 
awarded--
            (1) by a means that is required by Federal statute, 
        including for a purchase made under a mandated preferential 
        program;
            (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
        seq.); or
            (3) in an amount less than the simplified acquisition 
        threshold described in section 302A(a) of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 252a(a)).

    (c) Any congressionally directed spending item specified in this Act 
or the explanatory statement regarding this Act that is intended for 
award to a for-profit entity and is not covered by the competition 
requirement specified in subsection (a), shall be awarded under full and 
open competition, except that any contract previously awarded under full 
and open competition that remains in effect during fiscal year 2010 
shall be considered to have satisfied the conditions of full and open 
competition.
    (d) In <<NOTE: Definition.>> this section, the term 
``congressionally directed spending item'' means the following:
            (1) A congressionally directed spending item, as defined in 
        Rule XLIV of the Standing Rules of the Senate.
            (2) A congressional earmark for purposes of rule XXI of the 
        House of Representatives.

    Sec. 8122.  None <<NOTE: Privatization.>> of the funds appropriated 
or otherwise made available by this Act may be used to award to a 
contractor or convert to performance by a contractor any functions 
pursuant to a study conducted under Office of Management and Budget 
(OMB) Circular A-76 or as part of a utility privatization authorized 
under section 2688 of title 10, United States Code or under any other 
provision of law, that are performed by Federal employees at the United 
States Military Academy, West Point, as of the date of enactment of this 
Act.

[[Page 123 STAT. 3458]]

    Sec. 8123.  None <<NOTE: ACORN.>> of the funds made available under 
this Act may be distributed to the Association of Community 
Organizations for Reform Now (ACORN) or its subsidiaries.

    Sec. 8124.  The explanatory statement regarding this Act printed in 
the House of Representatives section of the Congressional Record on or 
about December 16, 2010, by the Chairman of the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representatives shall 
have the same effect with respect to the allocation of funds and 
implementation of this Act as if it were a joint explanatory statement 
of a committee of conference.

                                TITLE IX

                     OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$9,958,840,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,388,601,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$778,722,000.

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,667,376,000.

                         Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$293,137,000.

                         Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$37,040,000.

                     Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$31,337,000.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$19,822,000.

[[Page 123 STAT. 3459]]

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$824,966,000.

                   National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $9,500,000.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$47,821,154,000.

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$5,475,925,000.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $3,430,258,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $9,216,319,000.

                 Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,490,900,000, of which:
            (1) Not to exceed $12,500,000 for the Combatant Commander 
        Initiative Fund, to be used in support of Operation Iraqi 
        Freedom and Operation Enduring Freedom; and
            (2) Not <<NOTE: Deadlines.>> to exceed $1,570,000,000, to 
        remain available until expended, for payments to reimburse key 
        cooperating nations for logistical, military, and other support, 
        including access provided to United States military operations 
        in support of Operation Iraqi Freedom and Operation Enduring 
        Freedom, notwithstanding any other 
        provision <<NOTE: Notification.>> of law: Provided, That such 
        reimbursement payments may be made in such amounts as the 
        Secretary of Defense, with the concurrence of the Secretary of 
        State, and in consultation with the Director of the Office of 
        Management and Budget, may determine, in his discretion, based 
        on documentation determined by the Secretary of Defense to 
        adequately account for the support provided, and such 
        determination is final and conclusive upon the accounting 
        officers of the United States, and 15 days following 
        notification to the appropriate 
        congressional <<NOTE: Notification.>> committees: Provided 
        further, That these funds may be used for the purpose of 
        providing specialized training and procuring supplies and 
        specialized equipment and providing such supplies and loaning 
        such equipment on a non-reimbursable basis to coalition forces 
        supporting United States military operations in Iraq and 
        Afghanistan,

[[Page 123 STAT. 3460]]

        and 15 days following notification to the appropriate 
        congressional committees: Provided further, 
        That <<NOTE: Reports.>> the Secretary of Defense shall provide 
        quarterly reports to the congressional defense committees on the 
        use of funds provided in this paragraph.

                 Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $204,326,000.

                 Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $68,059,000.

             Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $86,667,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $125,925,000.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $321,646,000.

              Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $289,862,000.

              Overseas Contingency Operations Transfer Fund

                      (including transfer of funds)

    For an additional amount for expenses directly relating to overseas 
contingency operations by United States military forces, $5,000,000,000, 
to remain available for obligation until expended: Provided, That of the 
funds made available under this heading, the Secretary of Defense may 
transfer these funds only to military personnel accounts, operation and 
maintenance accounts, the defense health program appropriation, the Mine 
Resistant Ambush Protected Vehicle Fund, and working capital funds 
accounts: Provided further, That the funds transferred shall be merged 
with and shall be available for the same purposes and for the same time 
period, as the appropriation to 
which <<NOTE: Notification. Deadline.>> transferred: Provided further, 
That the Secretary shall notify the congressional defense committees 15 
days prior to such transfer: Provided further, That the transfer 
authority provided under this heading is in addition to any other 
transfer authority available to the Department of Defense.

[[Page 123 STAT. 3461]]

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $6,562,769,000, to 
remain available until September 30, 2011: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Commander, 
Combined Security Transition Command--Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Afghanistan, including the provision 
of equipment, supplies, services, training, facility and infrastructure 
repair, renovation, and construction, and funding: Provided further, 
That the authority to provide assistance under this heading is in 
addition to any other authority to provide assistance to foreign 
nations: Provided further, That contributions of funds for the purposes 
provided herein from any person, foreign government, or international 
organization may be credited to this Fund and used for such 
purposes: <<NOTE: Notification.>> Provided further, That the Secretary 
of Defense shall notify the congressional defense committees in writing 
upon the receipt and upon the obligation of any contribution, 
delineating the sources and amounts of the funds received and the 
specific use of such 
contributions: <<NOTE: Deadline. Notification.>> Provided further, That 
the Secretary of Defense shall, not fewer than 15 days prior to 
obligating from this appropriation account, notify the congressional 
defense committees in writing of the details of any such obligation.

                               PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$1,238,219,000, to remain available until September 30, 2012.

                        Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$475,954,000, to remain available until September 30, 2012.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $1,169,466,000, to remain available until 
September 30, 2012.

                     Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$365,635,000, to remain available until September 30, 2012.

                         Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$5,800,516,000, to remain available until September 30, 2012.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$853,297,000, to remain available until September 30, 2012.

[[Page 123 STAT. 3462]]

                        Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$50,700,000, to remain available until September 30, 2012.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $675,957,000, to remain available until September 30, 
2012.

                         Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$241,018,000, to remain available until September 30, 2012.

                        Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$893,197,000, to remain available until September 30, 2012.

                     Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$736,501,000, to remain available until September 30, 2012.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$36,625,000, to remain available until September 30, 2012.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $256,819,000, to remain available until September 30, 2012.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$2,583,421,000, to remain available until September 30, 2012.

                        Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$480,780,000, to remain available until September 30, 2012.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons and other procurement for the reserve 
components of the Armed Forces, $950,000,000, to remain available for 
obligation until September 30, 2012, of which $575,000,000 shall be 
available only for the <<NOTE: Deadline. Assessment.>> Army National 
Guard: Provided, That the Chiefs of National Guard and Reserve 
components shall, not later than 30 days after the enactment of this 
Act, individually submit to the congressional defense committees the 
modernization priority assessment for their respective National Guard or 
Reserve component.

[[Page 123 STAT. 3463]]

              Mine Resistant Ambush Protected Vehicle Fund

                      (including transfer of funds)

    For the Mine Resistant Ambush Protected Vehicle Fund, 
$6,281,000,000, to remain available until September 30, 2011: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, to procure, sustain, 
transport, and field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only to 
appropriations made available in this or any other Act for operation and 
maintenance; procurement; research, development, test and evaluation; 
and defense working capital funds to accomplish the purpose provided 
herein: Provided further, That such transferred funds shall be merged 
with and be available for the same purposes and the same time period as 
the appropriation 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 <<NOTE: Deadline. Notification.>> the Secretary shall, not fewer 
than 10 days prior to making transfers from this appropriation, notify 
the congressional defense committees in writing of the details of any 
such transfer.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $57,962,000, to remain available until September 30, 
2011.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $58,660,000, to remain available until September 30, 
2011.

          Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $39,286,000, to remain available until 
September 30, 2011.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $112,196,000, to remain available until 
September 30, 2011.

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$412,215,000.

[[Page 123 STAT. 3464]]

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,256,675,000, which shall be for operation and maintenance.

              Drug Interdiction and Counter-drug Activities

                      (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities'', $346,603,000, to remain available until September 30, 
2011.

              Joint Improvised Explosive Device Defeat Fund

                      (including transfer of funds)

    For an additional amount for ``Joint Improvised Explosive Device 
Defeat Fund'', $1,762,010,000, to remain available until September 30, 
2012.

                     Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $8,876,000.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2010.

                      (including transfer of funds)

    Sec. 9002.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer up to 
$4,000,000,000 between the appropriations or funds made available to the 
Department of Defense <<NOTE: Notification.>> in this title: Provided, 
That the Secretary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided further, That 
the authority provided in this section is in addition to any other 
transfer authority available to the Department of Defense and is subject 
to the same terms and conditions as the authority provided in the 
Department of Defense Appropriations Act, 2010: Provided further, That 
the amount in this section is designated as being for overseas 
deployments and other activities pursuant to sections 401(c)(4) and 
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent resolution 
on the budget for fiscal year 2010.

    Sec. 9003.  Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance or the ``Afghanistan Security Forces Fund'' provided in 
this Act and executed in direct support of overseas contingency 
operations in Afghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the

[[Page 123 STAT. 3465]]

purpose of this section, supervision and administration costs include 
all in-house Government costs.
    Sec. 9004.  From funds made available in this title, the Secretary 
of Defense may purchase for use by military and civilian employees of 
the Department of Defense in Iraq and Afghanistan: (a) passenger motor 
vehicles up to a limit of $75,000 per vehicle and (b) heavy and light 
armored vehicles for the physical security of personnel or for force 
protection purposes up to a limit of $250,000 per vehicle, 
notwithstanding price or other limitations applicable to the purchase of 
passenger carrying vehicles.
    Sec. 9005.  Not <<NOTE: Deadlines. Reports.>> to exceed 
$1,200,000,000 of the amount appropriated in this title under the 
heading ``Operation and Maintenance, Army'' may be used, notwithstanding 
any other provision of law, to fund the Commander's Emergency Response 
Program, for the purpose of enabling military commanders in Iraq and 
Afghanistan to respond to urgent humanitarian relief and reconstruction 
requirements within their areas of responsibility: Provided, That not 
later than 45 days after the end of each fiscal year quarter, the 
Secretary of Defense shall submit to the congressional defense 
committees a report regarding the source of funds and the allocation and 
use of funds during that quarter that were made available pursuant to 
the authority provided in this section or under any other provision of 
law for the purposes described herein: Provided further, That, of the 
funds provided, $500,000,000 shall not be available until 5 days after 
the Secretary of Defense has completed a thorough review of the 
Commander's Emergency Response Program and provided a report on his 
findings to the congressional defense committees.

    Sec. 9006.  Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support to coalition 
forces supporting military and stability operations in Iraq and 
Afghanistan: Provided, That the <<NOTE: Deadline. Reports.>> Secretary 
of Defense shall provide quarterly reports to the congressional defense 
committees regarding support provided under this section.

    Sec. 9007.  Each amount in this title is designated as being for 
overseas deployments and other activities pursuant to section 401(c)(4) 
and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010.
    Sec. 9008.  None <<NOTE: Iraq. Afghanistan.>> of the funds 
appropriated or otherwise made available by this or any other Act shall 
be obligated or expended by the United States Government for a purpose 
as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.
            (3) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Afghanistan.

    Sec. 9009.  None of the funds made available in this Act may be used 
in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.

[[Page 123 STAT. 3466]]

            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 112 
        Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed 
        thereto, including regulations under part 208 of title 8, Code 
        of Federal Regulations, and part 95 of title 22, Code of Federal 
        Regulations.
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 
        109-148).

    Sec. 9010. (a) <<NOTE: Deadlines. Reports.>> The Director of the 
Office of Management and Budget, in consultation with the Secretary of 
Defense; the Commander of the United States Central Command; the 
Commander, Multi-National Security Transition Command--Iraq; and the 
Commander, Combined Security Transition Command--Afghanistan, shall 
submit to the congressional defense committees not later than 45 days 
after the end of each fiscal quarter a report on the proposed use of all 
funds appropriated by this or any prior Act under each of the headings 
``Iraq Security Forces Fund'', ``Afghanistan Security Forces Fund'', and 
``Pakistan Counterinsurgency Fund'' on a project-by-project basis, for 
which the obligation of funds is anticipated during the 3-month period 
from such date, including estimates by the commanders referred to in 
this section of the costs required to complete each such project.

    (b) The report required by this subsection shall include the 
following:
            (1) The use of all funds on a project-by-project basis for 
        which funds appropriated under the headings referred to in 
        subsection (a) were obligated prior to the submission of the 
        report, including estimates by the commanders referred to in 
        subsection (a) of the costs to complete each project.
            (2) The use of all funds on a project-by-project basis for 
        which funds were appropriated under the headings referred to in 
        subsection (a) in prior appropriations Acts, or for which funds 
        were made available by transfer, reprogramming, or allocation 
        from other headings in prior appropriations Acts, including 
        estimates by the commanders referred to in subsection (a) of the 
        costs to complete each project.
            (3) An estimated total cost to train and equip the Iraq, 
        Afghanistan, and Pakistan security forces, disaggregated by 
        major program and sub-elements by force, arrayed by fiscal year.

    (c) The <<NOTE: Notification.>> Secretary of Defense shall notify 
the congressional defense committees of any proposed new projects or 
transfers of funds between sub-activity groups in excess of $20,000,000 
using funds appropriated by this or any prior Act under the headings 
``Iraq Security Forces Fund'', ``Afghanistan Security Forces Fund'', and 
``Pakistan Counterinsurgency Fund''.

    Sec. 9011. (a) <<NOTE: Detainees. Cuba.>> None of the funds made 
available in this or any other Act may be used to release an individual 
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay, 
Cuba, into the continental United States, Alaska, Hawaii, or the 
District of Columbia, into any of the United States territories of Guam, 
American Samoa (AS), the United States Virgin Islands (USVI), the 
Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana 
Islands (CNMI).

[[Page 123 STAT. 3467]]

    (b) None of the funds made available in this or any other Act may be 
used to transfer an individual who is detained, as of June 24, 2009, at 
Naval Station, Guantanamo Bay, Cuba, into the continental United States, 
Alaska, Hawaii, or the District of Columbia, into any of the United 
States territories of Guam, American Samoa (AS), the United States 
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of 
detention, except as provided in subsection (c).
    (c) None <<NOTE: Deadline.>> of the funds made available in this or 
any other Act may be used to transfer an individual who is detained, as 
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the 
continental United States, Alaska, Hawaii, or the District of Columbia, 
into any of the United States territories of Guam, American Samoa (AS), 
the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico 
and the Commonwealth of the Northern Mariana Islands (CNMI), for the 
purposes of prosecuting such individual, or detaining such individual 
during legal proceedings, until 45 days after the plan described in 
subsection (d) is received.

    (d) The <<NOTE: President. Classified information. Disposition 
plan.>> President shall submit to Congress, in classified form, a plan 
regarding the proposed disposition of any individual covered by 
subsection (c) who is detained as of June 24, 2009. Such plan shall 
include, at a minimum, each of the following for each such individual:
            (1) A determination of the risk that the individual might 
        instigate an act of terrorism within the continental United 
        States, Alaska, Hawaii, the District of Columbia, or the United 
        States territories if the individual were so transferred.
            (2) A determination of the risk that the individual might 
        advocate, coerce, or incite violent extremism, ideologically 
        motivated criminal activity, or acts of terrorism, among inmate 
        populations at incarceration facilities within the continental 
        United States, Alaska, Hawaii, the District of Columbia, or the 
        United States territories if the individual were transferred to 
        such a facility.
            (3) The costs associated with transferring the individual in 
        question.
            (4) The legal rationale and associated court demands for 
        transfer.
            (5) A plan for mitigation of any risks described in 
        paragraphs (1), (2), and (7).
            (6) A <<NOTE: Notification. Certification. Deadline.>> copy 
        of a notification to the Governor of the State to which the 
        individual will be transferred, to the Mayor of the District of 
        Columbia if the individual will be transferred to the District 
        of Columbia, or to any United States territories with a 
        certification by the Attorney General of the United States in 
        classified form at least 14 days prior to such transfer 
        (together with supporting documentation and justification) that 
        the individual poses little or no security risk to the United 
        States.
            (7) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services of the United States, that is posed by such 
        transfer and the actions taken to mitigate such risk.

    (e) None <<NOTE: President. Classified information. Deadline.>> of 
the funds made available in this or any other Act may be used to 
transfer or release an individual detained

[[Page 123 STAT. 3468]]

at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to the 
country of such individual's nationality or last habitual residence or 
to any other country other than the United States or to a freely 
associated State, unless the President submits to the Congress, in 
classified form, at least 15 days prior to such transfer or release, the 
following information:
            (1) The name of any individual to be transferred or released 
        and the country or the freely associated State to which such 
        individual is to be transferred or released.
            (2) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services of the United States, that is posed by such 
        transfer or release and the actions taken to mitigate such risk.
            (3) The terms of any agreement with the country or the 
        freely associated State for the acceptance of such individual, 
        including the amount of any financial assistance related to such 
        agreement.

    (f) In <<NOTE: Definition.>> this section, the term ``freely 
associated States'' means the Federated States of Micronesia (FSM), the 
Republic of the Marshall Islands (RMI), and the Republic of Palau.

    (g) Prior <<NOTE: President. Reports. Classified information.>> to 
the termination of detention operations at Naval Station, Guantanamo 
Bay, Cuba, the President shall submit to the Congress a report in 
classified form describing the disposition or legal status of each 
individual detained at the facility as of the date of enactment of this 
Act.

    Sec. 9012. (a) Funding for Outreach and Reintegration Services Under 
Yellow Ribbon Reintegration Program.--Of the amounts appropriated or 
otherwise made available by title IX, up to $20,000,000 may be available 
for outreach and reintegration services under the Yellow Ribbon 
Reintegration Program under section 582(h) of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
125; 10 U.S.C. 10101 note).
    (b) Supplement Not Supplant.--The amount made available by 
subsection (a) for the services described in that subsection is in 
addition to any other amounts available in this Act for such services.
     This division may be cited as the ``Department of Defense 
Appropriations Act, 2010''.

                        DIVISION B--OTHER MATTERS

    Sec. 1001.  There are hereby appropriated such sums as may be 
necessary, for an additional amount for ``Food and Nutrition Service--
Supplemental Nutrition Assistance Program'' for necessary current year 
expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 
et seq.): Provided, That such amount shall be used only in such amounts 
and at such times as may become necessary to carry out program 
operations: Provided further, That amounts so appropriated are 
designated as emergency requirements and necessary to meet emergency 
needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 2010.
    Sec. 1002. (a) In General.--For the costs of State administrative 
expenses associated with administering the supplemental nutrition 
assistance program established under the Food and Nutrition

[[Page 123 STAT. 3469]]

Act of 2008 (7 U.S.C. 2011 et seq.), there are hereby appropriated 
$400,000,000, which shall remain available until September 30, 2011.
    (b) Allocation of Funds.--Funds <<NOTE: Grants.>> described in 
subsection (a) shall be made available as grants to State agencies as 
follows--
            (1) 75 percent of the amounts available shall be allocated 
        to States based on the share of each State of households that 
        participate in the supplemental nutrition assistance program as 
        reported to the Department of Agriculture for the most recent 
        12-month period for which data are available, adjusted by the 
        Secretary (as of the date of enactment) for participation in 
        disaster programs under section 5(h) of the Food and Nutrition 
        Act of 2008 (7 U.S.C. 2014(h));
            (2) 25 percent of the amounts available shall be allocated 
        to States based on the increase in the number of households that 
        participate in the supplemental nutrition assistance program as 
        reported to the Department of Agriculture over the most recent 
        12-month period for which data are available, adjusted by the 
        Secretary (as of the date of enactment) for participation in 
        disaster programs under section 5(h) of the Food and Nutrition 
        Act of 2008 (7 U.S.C. 2014(h)); and
            (3) Not <<NOTE: Deadline.>> later than 60 days after the 
        date of enactment of this Act, the Secretary shall make 
        available to States amounts based on paragraphs (1) and (2) of 
        this subparagraph.

    (c) Reallocation of Funds.--Funds unobligated at the State level in 
fiscal year 2010 may be recovered and reallocated to the States in 
fiscal year 2011.
    (d) Emergency Designation.--Amounts in this section are designated 
as emergency requirements and necessary to meet emergency needs pursuant 
to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.
    Sec. 1003. (a) Amendments to Section 119 of Title 17, United States 
Code.--
            (1) In general.--Section 119 of title 17, United States 
        Code, is amended--
                    (A) in subsection (c)(1)(E), by striking ``December 
                31, 2009'' and inserting ``February 28, 2010''; and
                    (B) in subsection (e), by striking ``December 31, 
                2009'' and inserting ``February 28, 2010''.
            (2) Termination <<NOTE: 17 USC 119 note.>> of license.--
                    (A) Termination.--Section 119 of title 17, United 
                States Code, as amended by paragraph (1), shall cease to 
                be effective on February 28, 2010.
                    (B) Conforming amendment.--
                Section <<NOTE: Repeal.>> 4(a) of the Satellite Home 
                Viewer Act of 1994 (17 U.S.C. 119 note; Public Law 103-
                369) is repealed.

    (b) Amendments to Communications Act of 1934.--Section 325(b) of the 
Communications Act of 1934 (47 U.S.C. 325(b)) is amended--
            (1) in paragraph (2)(C), by striking ``December 31, 2009'' 
        and inserting ``February 28, 2010''; and
            (2) in paragraph (3)(C), by striking ``January 1, 2010'' 
        each place it appears in clauses (ii) and (iii) and inserting 
        ``March 1, 2010''.

[[Page 123 STAT. 3470]]

    (c) Emergency Designation.--Amounts in this section are designated 
as emergency requirements and necessary to meet emergency needs pursuant 
to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010.
    Sec. 1004. (a) USA PATRIOT Improvement and Reauthorization Act of 
2005.--Section 102(b)(1) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 
195) <<NOTE: 50 USC 1805 and note, 1861, 1862.>> is amended by striking 
``December 31, 2009'' and inserting ``February 28, 2010''.

    (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3742; 50 U.S.C. 1801 note) is 
amended by striking ``December 31, 2009'' and inserting ``February 28, 
2010''.
    Sec. 1005.  Section 129 of the Continuing Appropriations Resolution, 
2010 (Public Law 111-68) <<NOTE: Ante, p. 2047.>> is amended by striking 
``by substituting'' and all that follows through the period at the end, 
and inserting ``by substituting February 28, 2010 for the date specified 
in each such section.''.

    Sec. 1006. (a) There is hereby appropriated $125,000,000, for an 
additional amount for ``Small Business Administration--Business Loans 
Program Account'' for fee reductions and eliminations under section 501 
of division A of the American Recovery and Reinvestment Act of 2009 
(Public Law 111-5) and for the cost of guaranteed loans under section 
502 of such division: Provided, That such cost shall be as defined in 
section 502 of the Congressional Budget Act of 1974.
    (b) Section 502(f) of division A of the American Recovery and 
Reinvestment Act of 2009 <<NOTE: Ante, p. 153.>> is amended by striking 
``the date 12 months after the date of enactment of this Act'' and 
inserting ``February 28, 2010''.

    (c) Amounts in this section are designated as emergency requirements 
and necessary to meet emergency needs pursuant to sections 403 and 
423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on 
the budget for fiscal year 2010.
    Sec. 1007. (a) Payment.--The <<NOTE: North Carolina.>> Secretary of 
the Interior may make a payment to Swain County, North Carolina, in an 
amount of $12,800,000, in connection with the non-construction of the 
North Shore Road: Provided, That $4,000,000 shall be available for 
obligation upon enactment of this Act: Provided further, That remaining 
amounts shall not be available for obligation until 120 days following 
signature of an agreement between the Secretary of the Interior, Swain 
County, the State of North Carolina, and the Tennessee Valley Authority 
that supersedes the agreement of July 30, 1943, related to the 
construction of North Shore Road between the Secretary, the County, the 
State, and the Authority. For this payment, there is hereby appropriated 
$6,800,000, to remain available until expended, and an amount of 
$6,000,000 from unobligated balances available to the Department of the 
Interior from prior appropriations to the ``Construction'' account for 
the National Park Service.

    (b) Rescission.--Of the funds appropriated in the Department of 
Transportation and Related Agencies Appropriations Act, 2001 (Public Law 
106-346), in section 378 for construction of, and improvements to, North 
Shore Road in Swain County, North Carolina, $6,800,000 is hereby 
permanently rescinded.

[[Page 123 STAT. 3471]]

    Sec. 1008. (a) For purposes of the continued extension of surface 
transportation programs and related authority to make expenditures from 
the Highway Trust Fund and other trust funds under sections 157 through 
162 of the Continuing Appropriations Resolution, 2010, the date 
specified in section 106(3) <<NOTE: Ante, p. 2045.>> of such resolution 
shall be deemed to be February 28, 2010.

    (b) Section 158(c) is <<NOTE: Ante, p. 2051.>> amended by striking 
the period at the end and inserting ``except for the rescission made by 
section 123 of division I of the Omnibus Appropriations Act, 2009. The 
amount made available for each of the apportioned Federal-aid highway 
programs under subsection (a) shall be reduced by an amount equaling 
$33,401,492 multiplied by the amount calculated under subsection (a) and 
divided by $23,941,505,262''.

    Sec. 1009. (a)(1) Section 4007 of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
            (A) by striking ``December 31, 2009'' each place it appears 
        and inserting ``February 28, 2010'';
            (B) in the heading for subsection (b)(2), by striking 
        ``December 31, 2009'' and inserting ``February 28, 2010''; and
            (C) in subsection (b)(3), by striking ``May 31, 2010'' and 
        inserting ``July 31, 2010''.

    (2) Section 2002(e) of the Assistance for Unemployed Workers and 
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 
3304 note; 123 Stat. 438), is amended--
            (A) in paragraph (1)(B), by striking ``before January 1, 
        2010'' and inserting ``on or before February 28, 2010'';
            (B) in the heading for paragraph (2), by striking ``January 
        1, 2010'' and inserting ``February 28, 2010''; and
            (C) in paragraph (3), by striking ``June 30, 2010'' and 
        inserting ``August 31, 2010''.

    (3) Section 2005 of the Assistance for Unemployed Workers and 
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 
3304 note; 123 Stat. 444), is amended--
            (A) by striking ``January 1, 2010'' each place it appears 
        and inserting ``February 28, 2010''; and
            (B) in subsection (c), by striking ``June 1, 2010'' and 
        inserting ``July 31, 2010''.

    (4) Section 5 of the Unemployment Compensation Extension Act of 2008 
(Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``May 
30, 2010'' and inserting ``July 31, 2010''.
    (b) Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``by 
reason of'' and all that follows and inserting the following: ``by 
reason of--
                    ``(A) the amendments made by section 2001(a) of the 
                Assistance for Unemployed Workers and Struggling 
                Families Act;
                    ``(B) the amendments made by sections 2 through 4 of 
                the Worker, Homeownership, and Business Assistance Act 
                of 2009; and
                    ``(C) the amendments made by section 1009 of the 
                Department of Defense Appropriations Act, 2010; and''.

    (c) Amounts in this section are designated as emergency requirements 
and necessary to meet emergency needs pursuant to sections 403 and 
423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on 
the budget for fiscal year 2010.

[[Page 123 STAT. 3472]]

    Sec. 1010. (a) Extension of Eligibility Period.--Subsection 
(a)(3)(A) of section 3001 of division B of the American Recovery and 
Reinvestment Act of 2009 <<NOTE: 26 USC 6432 note.>> (Public Law 111-5) 
is amended by striking ``December 31, 2009'' and inserting ``February 
28, 2010''.

    (b) Extension of Maximum Duration of Assistance.--Subsection 
(a)(2)(A)(ii)(I) of such section is amended by striking ``9 months'' and 
inserting ``15 months''.
    (c) Rules Related to 2009 Extension.--Subsection (a) of such section 
is further amended by adding at the end the following:
            ``(16) Rules related to 2009 extension.--
                    ``(A) Election to pay premiums retroactively and 
                maintain cobra coverage.--In the case of any premium for 
                a period of coverage during an assistance eligible 
                individual's transition period, such individual shall be 
                treated for purposes of any COBRA continuation provision 
                as having timely paid the amount of such premium if--
                          ``(i) such individual was covered under the 
                      COBRA continuation coverage to which such premium 
                      relates for the period of coverage immediately 
                      preceding such transition period, and
                          ``(ii) such <<NOTE: Deadlines.>> individual 
                      pays, not later than 60 days after the date of the 
                      enactment of this paragraph (or, if later, 30 days 
                      after the date of provision of the notification 
                      required under subparagraph (D)(ii)), the amount 
                      of such premium, after the application of 
                      paragraph (1)(A).
                    ``(B) Refunds and credits for retroactive premium 
                assistance eligibility.--In <<NOTE: Applicability.>> the 
                case of an assistance eligible individual who pays, with 
                respect to any period of COBRA continuation coverage 
                during such individual's transition period, the premium 
                amount for such coverage without regard to paragraph 
                (1)(A), rules similar to the rules of paragraph (12)(E) 
                shall apply.
                    ``(C) Transition period.--
                          ``(i) In general.--
                      For <<NOTE: Definition.>> purposes of this 
                      paragraph, the term `transition period' means, 
                      with respect to any assistance eligible 
                      individual, any period of coverage if--
                                    ``(I) such period begins before the 
                                date of the enactment of this paragraph, 
                                and
                                    ``(II) paragraph (1)(A) applies to 
                                such period by reason of the amendment 
                                made by section 1010(b) of the 
                                Department of Defense Appropriations 
                                Act, 2010.
                          ``(ii) Construction.--Any period during the 
                      period described in subclauses (I) and (II) of 
                      clause (i) for which the applicable premium has 
                      been paid pursuant to subparagraph (A) shall be 
                      treated as a period of coverage referred to in 
                      such paragraph, irrespective of any failure to 
                      timely pay the applicable premium (other than 
                      pursuant to subparagraph (A)) for such period.
                    ``(D) Notification.--
                          ``(i) In general.--In <<NOTE: Deadlines.>> the 
                      case of an individual who was an assistance 
                      eligible individual at any time on or after 
                      October 31, 2009, or experiences a qualifying 
                      event (consisting of termination of employment)

[[Page 123 STAT. 3473]]

                      relating to COBRA continuation coverage on or 
                      after such date, the administrator of the group 
                      health plan (or other entity) involved shall 
                      provide an additional notification with 
                      information regarding the amendments made by 
                      section 1010 of the Department of Defense 
                      Appropriations Act, 2010, within 60 days after the 
                      date of the enactment of such Act or, in the case 
                      of a qualifying event occurring after such date of 
                      enactment, consistent with the timing of 
                      notifications under paragraph (7)(A).
                          ``(ii) To individuals who lost assistance.--In 
                      the case of an assistance eligible individual 
                      described in subparagraph (A)(i) who did not 
                      timely pay the premium for any period of coverage 
                      during such individual's transition period or paid 
                      the premium for such period without regard to 
                      paragraph (1)(A), the administrator of the group 
                      health plan (or other entity) involved shall 
                      provide to such individual, within the first 60 
                      days of such individual's transition period, an 
                      additional notification with information regarding 
                      the amendments made by section 1010 of the 
                      Department of Defense Appropriations Act, 2010, 
                      including information on the ability under 
                      subparagraph (A) to make retroactive premium 
                      payments with respect to the transition period of 
                      the individual in order to maintain COBRA 
                      continuation coverage.
                          ``(iii) Application of rules.--Rules similar 
                      to the rules of paragraph (7) shall apply with 
                      respect to notifications under this 
                      subparagraph.''.

    (d) Clarification That Eligibility and Notice Is Based on Timing of 
Qualifying Event.--Subsection (a) of such section is amended--
            (1) in paragraph (3)(A)--
                    (A) by striking ``at any time'' and inserting ``such 
                qualified beneficiary is eligible for COBRA continuation 
                coverage related to a qualifying event occurring''; and
                    (B) by striking ``, such qualified beneficiary is 
                eligible for COBRA continuation coverage''; and
            (2) in paragraph (7)(A), by striking ``become entitled to 
        elect COBRA continuation coverage'' and inserting ``have a 
        qualifying event relating to COBRA continuation coverage''.

    (e) Effective Date.--The <<NOTE: 26 USC 6432 note.>> amendments made 
by this section shall take effect as if included in the provisions of 
section 3001 of division B of the American Recovery and Reinvestment Act 
of 2009 to which they relate.

    (f) Emergency Designations.--
            (1) In general.--Amounts in this section are designated as 
        emergency requirements and necessary to meet emergency needs 
        pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th 
        Congress), the concurrent resolution on the budget for fiscal 
        year 2010.
            (2) PAYGO.--All applicable provisions in this section are 
        designated as an emergency for purposes of pay-as-you-go 
        principles.

    Sec. 1011. (a) In General.--Section 1848(d) of the Social Security 
Act (42 U.S.C. 1395w-4(d)) is amended by adding at the end the following 
new paragraph:

[[Page 123 STAT. 3474]]

            ``(10) Update <<NOTE: Time periods.>> for portion of 2010.--
                    ``(A) In general.--Subject to paragraphs (7)(B), 
                (8)(B), and (9)(B), in lieu of the update to the single 
                conversion factor established in paragraph (1)(C) that 
                would otherwise apply for 2010 for the period beginning 
                on January 1, 2010, and ending on February 28, 2010, the 
                update to the single conversion factor shall be 0 
                percent for 2010.
                    ``(B) No effect on computation of conversion factor 
                for remaining portion of 2010 and subsequent years.--The 
                conversion factor under this subsection shall be 
                computed under paragraph (1)(A) for the period beginning 
                on March 1, 2010, and ending on December 31, 2010, and 
                for 2011 and subsequent years as if subparagraph (A) had 
                never applied.''.

    (b) Funding From Medicare Improvement Fund.--Section 1898(b)(1) of 
such Act (42 U.S.C. 1395iii(b)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``$22,290,000,000'' and inserting 
                ``$20,740,000,000''; and
                    (B) by striking ``and'' at the end;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) fiscal year 2015, $550,000,000; and''.

    Sec. 1012.  Notwithstanding <<NOTE: Guidelines. Publication. Time 
period.>> any other provision of law, the Secretary of Health and Human 
Services shall not publish updated poverty guidelines for 2010 under 
section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 
U.S.C. 9902(2)) before March 1, 2010, and the poverty guidelines 
published under such section on January 23, 2009, shall remain in effect 
until updated poverty guidelines are published.

    Sec. 1013.  From <<NOTE: Rescission.>> the ``National 
Telecommunications and Information Administration--Digital-to-Analog 
Converter Box Program'' in the Department of Commerce, $128,000,000 is 
hereby rescinded.

    Sec. 1014.  The explanatory statement regarding this Act printed in 
the House of Representatives section of the Congressional Record on or 
about December 16, 2010, by the Chairman of the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representatives shall 
have the same effect with respect

[[Page 123 STAT. 3475]]

to the allocation of funds and implementation of this Act as if it were 
a joint explanatory statement of a committee of conference.

    Approved December 19, 2009.

LEGISLATIVE HISTORY--H.R. 3326:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-230 (Comm. on Appropriations).
SENATE REPORTS: No. 111-74 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 155 (2009):
            July 29, 30, considered and passed House.
            Sept. 24, 25, 29, 30, Oct. 1, 6, considered and passed 
                Senate, amended.
            Dec. 16, House concurred in Senate amendment with an 
                amendment. Senate considered House amendment.
            Dec. 17-19, Senate considered and concurred in House 
                amendment.

                                  <all>
Department of Defense Appropriations Act, 2010

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