[House Prints, 111th Congress]
[From the U.S. Government Publishing Office]
11th Congress }
2d Session } HOUSE OF REPRESENTATIVES
_______________________________________________________________________
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010
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C O M M I T T E E P R I N T
of the
COMMITTEE ON APPROPRIATIONS
U.S. HOUSE OF REPRESENTATIVES
on
H.R. 3326 / Public Law 111-118
[Legislative Text and Explanatory Statement]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
January 2010
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010
COMMITTEE PRINT
H.R. 3326 / Public Law 111-118
11th Congress }
2d Session } HOUSE OF REPRESENTATIVES
_______________________________________________________________________
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2010
__________
C O M M I T T E E P R I N T
of the
COMMITTEE ON APPROPRIATIONS
U.S. HOUSE OF REPRESENTATIVES
on
H.R. 3326 / Public Law 111-118
[Legislative Text and Explanatory Statement]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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U.S. GOVERNMENT PRINTING OFFICE
53-800 WASHINGTON : 2010
COMMITTEE ON APPROPRIATIONS
DAVID R. OBEY, Wisconsin, Chairman
JOHN P. MURTHA, Pennsylvania JERRY LEWIS, California
NORMAN D. DICKS, Washington C. W. BILL YOUNG, Florida
ALAN B. MOLLOHAN, West Virginia HAROLD ROGERS, Kentucky
MARCY KAPTUR, Ohio FRANK R. WOLF, Virginia
PETER J. VISCLOSKY, Indiana JACK KINGSTON, Georgia
NITA M. LOWEY, New York RODNEY P. FRELINGHUYSEN, New
JOSE E. SERRANO, New York Jersey
ROSA L. DeLAURO, Connecticut TODD TIAHRT, Kansas
JAMES P. MORAN, Virginia ZACH WAMP, Tennessee
JOHN W. OLVER, Massachusetts TOM LATHAM, Iowa
ED PASTOR, Arizona ROBERT B. ADERHOLT, Alabama
DAVID E. PRICE, North Carolina JO ANN EMERSON, Missouri
CHET EDWARDS, Texas KAY GRANGER, Texas
PATRICK J. KENNEDY, Rhode Island MICHAEL K. SIMPSON, Idaho
MAURICE D. HINCHEY, New York JOHN ABNEY CULBERSON, Texas
LUCILLE ROYBAL-ALLARD, California MARK STEVEN KIRK, Illinois
SAM FARR, California ANDER CRENSHAW, Florida
JESSE L. JACKSON, Jr., Illinois DENNIS R. REHBERG, Montana
CAROLYN C. KILPATRICK, Michigan JOHN R. CARTER, Texas
ALLEN BOYD, Florida RODNEY ALEXANDER, Louisiana
CHAKA FATTAH, Pennsylvania KEN CALVERT, California
STEVEN R. ROTHMAN, New Jersey JO BONNER, Alabama
SANFORD D. BISHOP, Jr., Georgia STEVEN C. LaTOURETTE, Ohio
MARION BERRY, Arkansas TOM COLE, Oklahoma
BARBARA LEE, California
ADAM SCHIFF, California
MICHAEL HONDA, California
BETTY McCOLLUM, Minnesota
STEVE ISRAEL, New York
TIM RYAN, Ohio
C.A. ``DUTCH'' RUPPERSBERGER, Maryland
BEN CHANDLER, Kentucky
DEBBIE WASSERMAN SCHULTZ, Florida
CIRO RODRIGUEZ, Texas
LINCOLN DAVIS, Tennessee
JOHN T. SALAZAR, Colorado
Beverly Pheto, Clerk and Staff Director
(ii)
Clerk's Note
This committee print provides a compilation of the enacted
text and applicable explanatory material for the Department of
Defense Appropriations Act, 2010 (H.R. 3326; P.L. 111-118).
This Act was developed through a legislative procedure
referred to as ``amendments between the Houses''. The House of
Representatives took up an appropriations bill that had been
passed by both the House and the Senate and replaced the entire
Senate-passed text with a two-division package making
appropriations for the Department of Defense bill for fiscal
year 2010 and including ``Other Matters'' to meet our
obligations and prevent critical programs from lapsing.\1\ The
Senate then agreed to this House amendment,\2\ thereby
completing congressional action on the bill. The President
signed the legislation on December 19, 2009 and it became
Public Law 111-118.
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\1\ On December 16, Chairman Murtha (Defense Subcommittee) moved
that the House concur in the amendment of the Senate to H.R. 3326 with
a House amendment printed in House Report 111-380 (see Congressional
Record, December 16, 2009, pages H15007-15420). The motion was agreed
to by a vote of 395 yeas to 34 nays (Roll No. 985).
\2\ On December 19, the Senate concurred in House amendment to the
Senate amendment to H.R. 3326, by a vote of 88 yeas to 10 nays (Vote
No. 384) (see Congressional Record, December 19, 2009, page S13476).
---------------------------------------------------------------------------
Because an amendments-between-the-Houses process was used
instead of a conference committee, there is no conference
report and no ``joint explanatory statement of the manager''
for H.R. 3326. Mr. Murtha, Chairman of the House Subcommittee
on Defense Appropriations, filed an Explanatory Statement in
the Congressional Record of December 16, 2009.\3\ Section 8124
of the Defense Appropriations Act, 2010 provides that this
Explanatory Statement ``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''. The text of the Explanatory Statement is
reproduced in full in this committee print.
---------------------------------------------------------------------------
\3\ The Statement appears in the December 16 Congressional Record
(pages H15042-15414).
LEGISLATIVE TEXT
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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. 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--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:
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.
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 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; 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 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.
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: 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 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 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 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 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 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, 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 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.
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;
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, $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 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.
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, $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 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 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
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: 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 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 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 60
days of the enactment of this Act, a plan for the intended
management and use of the amounts provided under this heading
shall be submitted to the congressional defense committees:
Provided further, That the Secretary of Defense shall submit a
report not later than 60 days after the end of each fiscal
quarter to the congressional defense committees 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 the
Department of Defense: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to 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 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 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
the limitations of this provision shall not apply to foreign
national employees of the Department of Defense in the Republic
of Turkey.
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 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 part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which reprogramming is requested has been denied
by the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this
section shall be made prior to 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 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 for purposes of section 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) 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 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 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 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 appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense
committees.
Sec. 8011. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one 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 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 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
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 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 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 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
October 1, 1987: Provided further, That this section applies
only to active components of the Army.
Sec. 8016. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
more than 10 Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
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
(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 of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments 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 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 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 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 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 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 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 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 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, 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 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 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 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 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 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
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.
Sec. 8030. (a)(1) If the 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 agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the 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 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 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 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) 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).
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 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 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 Act. For purposes 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 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 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, 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 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
(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 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 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.
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, 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 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 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 of the funds appropriated by this Act may be
used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin:
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 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 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 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 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 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 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. 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--
(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. (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 basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning
Project and be available to defray the costs associated with
the use of equipment of the project under that subsection. Such
funds shall be available for such purposes without fiscal year
limitation.
Sec. 8057. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That in
the City of Kaiserslautern such agreements will include the use
of United States anthracite as the base load energy for
municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished 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 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 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) 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) 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 to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The 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 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 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 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 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 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 the requested support pursuant to such 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 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 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 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 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 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, 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. 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 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.
(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 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 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 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 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) 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 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
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 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 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 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 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) 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 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.
(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
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 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 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 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 Secretary of Defense shall create a major
force program category for space for the Future Years Defense
Program of the Department of Defense. The 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 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 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): Provided, That this 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 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 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 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 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 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 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.
(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
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
(2) serves as a settlement of any claim against the
United States.
Sec. 8114. (a) 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 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 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) 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
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 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 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 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 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
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 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 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 such transfer: Provided further, That 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) 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) 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) 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 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 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.
Sec. 8123. None 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.
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 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 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
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, and 15 days following notification to the
appropriate congressional committees: Provided further,
That 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 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.
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: 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: 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.
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 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.
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 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.
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 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 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 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 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 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.
(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) 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 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) 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).
(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 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 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 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 of the funds made available in this or any other Act
may be used to transfer or release an individual detained 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 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 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 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 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 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 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 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''.
(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) 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) 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 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 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.
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) of such
resolution shall be deemed to be February 28, 2010.
(b) Section 158(c) is 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.
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 (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 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 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 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 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) 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 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:
``(10) Update 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 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 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 to the allocation of funds and
implementation of this Act as if it were a joint explanatory
statement of a committee of conference.