[House Report 111-380]
[From the U.S. Government Publishing Office]


 

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-380

======================================================================


 PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R. 
   3326) MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE 
  FISCAL YEAR ENDING SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES; FOR 
  CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 64) MAKING FURTHER 
CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2010, AND FOR OTHER PURPOSES; 
FOR CONSIDERATION OF THE BILL (H.R. 4314) TO PERMIT CONTINUED FINANCING 
OF GOVERNMENT OPERATIONS; FOR CONSIDERATION OF THE SENATE AMENDMENT TO 
   THE BILL (H.R. 2847) MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF 
COMMERCE AND JUSTICE, AND SCIENCE, AND RELATED AGENCIES FOR THE FISCAL 
 YEAR ENDING SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES; AND FOR OTHER 
                                PURPOSES

                                _______
                                

 December 16, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Ms. Pingree, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 976]

    The Committee on Rules, having had under consideration 
House Resolution 976, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of the Senate 
amendment to H.R. 3326, the Department of Defense 
Appropriations Act, 2010. The resolution makes in order a 
motion by the chair of the Committee on Appropriations to 
concur in the Senate amendment with the House amendment printed 
in part A of this report. The resolution waives all points of 
order against consideration of the motion except clause 10 of 
rule XXI and provides that the Senate amendment and the motion 
shall be considered as read. The resolution provides one hour 
of debate on the motion equally divided and controlled by the 
chair and ranking minority member of the Committee on 
Appropriations.
    The resolution provides for consideration of H.J. Res. 64, 
making further continuing appropriations for fiscal year 2010, 
under a closed rule. The resolution provides one hour of debate 
equally divided among and controlled by the chair and ranking 
minority member of the Committee on Appropriations. The 
resolution waives all points of order against consideration of 
the joint resolution except those arising under clause 9 or 10 
of rule XXI and provides that the joint resolution shall be 
considered as read. The resolution waives all points of order 
against provisions in the joint resolution and provides one 
motion to recommit with or without instructions.
    The resolution provides for consideration of H.R. 4314, to 
permit continued financing of Government operations, under a 
closed rule. The resolution provides one hour of debate equally 
divided among and controlled by the chair and ranking minority 
member of the Committee on Ways and Means. The resolution 
waives all points of order against consideration of the bill 
except those arising under clause 9 or 10 of rule XXI and 
provides that the bill shall be considered as read. The 
resolution waives all points of order against provisions in the 
bill and provides one motion to recommit with or without 
instructions.
    The resolution provides for consideration of the Senate 
amendment to H.R. 2847, the Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2010. The resolution makes 
in order a motion by the chair of the Committee on 
Appropriations to concur in the Senate amendment with the House 
amendment printed in part B of this report. The resolution 
waives all points of order against consideration of the motion 
except clause 10 of rule XXI and provides that the Senate 
amendment and the motion shall be considered as read. The 
resolution provides one hour of debate on the motion equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Appropriations.
    The resolution provides that in the engrossment of the 
House amendment to the Senate amendment to H.R. 2847, the Clerk 
shall add the text of H.R. 2920, as passed by the House, as new 
matter at the end of the text proposed to be inserted by the 
House.
    The resolution provides that measures may be considered 
under suspension of the rules at any time during the remainder 
of the first session of the 111th Congress and provides that 
the Speaker shall consult with the Minority Leader on the 
designation of any matter for consideration under suspension of 
the rules pursuant to the resolution.
    The resolution waives clause 6(a) of rule XIII (requiring a 
two-thirds vote to consider a rule on the same day it is 
reported from the Rules Committee) against any resolutions 
reported from the Rules Committee for the remainder of the 
first session of the 111th Congress.
    The resolution provides that the chair of the Committee on 
Appropriations may insert in the Congressional Record at any 
time during the remainder of the first session of the One 
Hundred Eleventh Congress such material as he may deem 
explanatory of the Senate amendments and the motions regarding 
H.R. 3326 and H.R. 2847.
    The resolution provides that on any legislative day of the 
second session of the One Hundred Eleventh Congress before 
January 12, 2010, the Speaker at any time may dispense with 
organizational or legislative business.
    The resolution provides that on any legislative day of the 
second session of the One Hundred Eleventh Congress before 
January 12, 2010, the Chair at any time may declare the House 
adjourned or declare the House adjourned pursuant to an 
applicable concurrent resolution of adjournment.
    The resolution provides for pro forma sessions until the 
House adjourns sine die. Finally, the resolution provides that 
on any legislative day of the first session of the One Hundred 
Eleventh Congress, the Speaker may at any time declare the 
House adjourned.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the motion for H.R. 3326 (except for clause 10 
of rule XXI) the Committee is not aware of any points of order 
against the motion. The waiver of all points of order against 
the motion is prophylactic in nature.
    Although the rule waives all points of order against 
consideration of H.J. Res. 64 (except for clauses 9 and 10 of 
rule XXI) and waives all points of order against the provisions 
in the joint resolution, the Committee is not aware of any 
points of order. The waivers of all points of order are 
prophylactic in nature.
    Although the rule waives all points of order against 
consideration of H.R. 4314 (except for clauses 9 and 10 of rule 
XXI) and waives all points of order against the provisions in 
the bill, the Committee is not aware of any points of order. 
The waivers of all points of order are prophylactic in nature.
    Although the rule waives all points of order against 
consideration of the motion for H.R. 2847 (except for clause 10 
of rule XXI) the Committee is not aware of any points of order 
against the motion. The waiver of all points of order against 
the motion is prophylactic in nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 304

    Date: December 16, 2009.
    Measure: Senate amendment to H.R. 3326, and for other 
purposes.
    Motion by: Mr. Dreier.
    Summary of motion: To strike Section 6 from the resolution, 
which provides blanket suspension authority for the Speaker, 
and Section 7, which provides blanket martial law authority 
until the end of this session.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 305

    Date: December 16, 2009.
    Measure: Senate amendment to H.R. 3326, and for other 
purposes.
    Motion by: Mr. Dreier.
    Summary of motion: To provide the Minority Leader or his 
designee an amendment to each item made in order by the rule.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay; 
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 306

    Date: December 16, 2009.
    Measure: Senate amendment to H.R. 3326, and for other 
purposes.
    Motion by: Mr. McGovern.
    Summary of motion: To report the rule.
    Results: Adopted 8-3.
    Vote by Members: McGovern--Yea; Hastings--Yea; Matsui--Yea; 
Arcuri--Yea; Perlmutter--Yea; Pingree--Yea; Polis--Yea; 
Dreier--Nay; Diaz-Balart--Nay; Foxx--Nay; Slaughter--Yea.

SUMMARY OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 3326 IN 
                                 PART A

    The amendment provides for a 3.4% military pay increase, 
provides $29.2 billion for the Defense Health Program, and $154 
billion for the Defense Operations and Maintenance Account to 
increase readiness and training. It provides $5 billion to 
allow defense personnel, rather than contractors, to perform 
critical department functions, and $288 million for the 
Inspector General to hire additional investigators for 
oversight of DoD acquisition and contracting. It provides $1.5 
billion for 18 F/A-18E/F Super Hornet Tactical aircraft, $1.6 
billion for 22 EA-18G Growler electronic aircraft, $6.8 billion 
for 30 F-35 Lightning Aircraft, $2.7 billion for V-22 Osprey, 
$15 billion for the procurement of 7 Navy ships, $2.29 billion 
for Future Combat Systems, and $3 billion for the Defense 
Advanced Research Projects Agency (DARPA). It provides $101.1 
billion for ongoing military operations, maintenance and 
military personnel requirements in Iraq and Afghanistan, and to 
support preparations to begin withdrawal from Iraq. It provides 
$23.36 billion for equipment used by service members in Iraq 
and Afghanistan, including: $6.3 billion for the Mine Resistant 
Ambush Protected (MRAP) Vehicle Fund to procure over 6,600 new 
MRAP all-terrain vehicles for troop protection; $1.1 billion 
for High Mobility Multi-Purpose Wheeled Vehicles (HMMWVs); and 
$863 million for the procurement of Family of Medium Tactical 
Vehicles.
    The amendment continues a general provision prohibiting the 
establishment of permanent bases in Iraq or Afghanistan. It 
continues a general provision prohibiting the torture of 
detainees held in U.S. custody. It provides no funds for the 
closure of the detention facility at Guantanamo Naval base.
    It allows the Small Business Administration (SBA) to 
continue two temporary enhancements to its loan guarantee 
program through February 28, 2010. The amendment extends 
through February 28, 2010, the following expiring provisions: 
the Patriot Act; the National Flood Insurance Program; the 
Medicare Physician Payments extension; the Surface 
Transportation Authorization Extension; unemployment insurance; 
the 65% COBRA health insurance subsidy for individuals who have 
lost their jobs; the compulsory copyright license used by 
satellite providers; the Supplemental Nutrition Assistance 
Program (SNAP); and maintains Department of Health and Human 
Services (HHS) poverty guidelines at 2009 levels to prevent a 
reduction in eligibility for certain means-tested programs, 
including Medicaid, SNAP, and child nutrition.

SUMMARY OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 2847 IN 
                                 PART B

    The amendment redirects $75 billion in Troubled Asset 
Relief Program (TARP) savings to fund infrastructure and job 
investments. $43.8 billion of this funding will go toward 
infrastructure investments, including $27.5 billion for highway 
infrastructure investments, $8.4 billion for public 
transportation investments, $2 billion for clean water 
programs, $2 billion for energy innovation loans, $4.1 billion 
for school renovation grants, $1 billion for the National 
Housing Trust Fund, and $1 billion for the Public Housing 
Capital Fund. $26.7 billion out of the total $75 billion will 
go toward public service jobs, including $23 billion for an 
Education Jobs Fund, $1.18 billion for law enforcement jobs, 
$500 million for firefighter jobs, $500 million for summer 
youth employment, and $750 million for job training for high 
growth fields.
    The amendment also provides $79 billion in continuing 
emergency funding, including $41 billion to extend unemployment 
insurance for six months, $12.3 billion to extend from nine to 
15 months the 65% COBRA health insurance subsidy, $354 million 
for small business loan programs, $23.5 billion to extend FMAP 
through June 2010, and $2.3 billion to increase eligibility for 
the child tax credit.
    The amendment also extends certain surface transportation 
authorization programs until September 30, 2010, restores 
funding for the Highway Trust Fund, and ends the statute of 
limitations for USDA civil rights claims and provides funding 
for remedies, which is offset.

  PART A--TEXT OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 
                                  3326

In lieu of the matter proposed to be inserted by the amendment 
    of the Senate, insert the following:

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.

  PART B--TEXT OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 
                                  2847

    In lieu of the matter proposed to be inserted by the 
amendment of the Senate, insert the following:
    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2010, and for other purposes, namely:

              TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT

                           CHAPTER 1--JUSTICE

                         DEPARTMENT OF JUSTICE

                  Community Oriented Policing Services

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Community Oriented Policing 
Services'', for grants under section 1701 of title I of the 
1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C. 
3796dd) for hiring and rehiring of additional career law 
enforcement officers under part Q of such title, 
notwithstanding subsection (i) of such section, $1,179,000,000, 
of which $2,950,000 shall be transferred to ``State and Local 
Law Enforcement Activities, Salaries and Expenses'' for 
management, administration and oversight of such grants.

                CHAPTER 2--ENERGY AND WATER DEVELOPMENT

                    CORPS OF ENGINEERS--CIVIL WORKS

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                              CONSTRUCTION

                     (INCLUDING TRANSFERS OF FUNDS)

    For an additional amount for ``Construction'', 
$715,000,000: Provided, That section 102 of Public Law 109-103 
(33 U.S.C. 2221) shall not apply to funds provided in this 
title: Provided further, That not less than $30,000,000 of the 
funds provided shall be for water-related environmental 
infrastructure assistance: Provided further, That up to 
$30,000,000 of the funds provided under this heading may be 
transferred to ``Mississippi Rivers and Tributaries'' for 
authorized projects and activities: Provided further, That 
notwithstanding any other provision of law, funds provided 
under this heading shall not be cost shared with the Inland 
Waterways Trust Fund as authorized in Public Law 99-662: 
Provided further, That funds provided under this heading shall 
only be allocated to programs, projects or activities that 
heretofore received funds provided in Acts making 
appropriations available for Energy and Water Development and 
that are selected using only the following criteria in order of 
priority: programs, projects or activities that can be 
commenced quickly; programs, projects or activities that will 
create immediate employment; programs, projects or activities 
that will be executed by contract or direct hire of temporary 
labor; and programs, projects or activities that are located in 
a State with high unemployment: Provided further, That the 
limitation concerning total project costs in section 902 of the 
Water Resources Development Act of 1986 (33 U.S.C. 2280), shall 
not apply during fiscal years 2010 and 2011 for any project 
receiving funds provided in this title: Provided further, That 
for projects that are being completed with funds appropriated 
in this paragraph that would otherwise be expired for 
obligation, expired funds appropriated in this paragraph may be 
used to pay the cost of associated supervision, inspection, 
overhead, engineering and design on those projects and on 
subsequent claims, if any: Provided further, That funds made 
available under this heading shall be apportioned by the Office 
of Management and Budget not later than 30 days after the date 
of enactment of this Act and allocated by the Secretary of the 
Army to specific programs, projects or activities not later 
than 45 days after the date of enactment of this Act: Provided 
further, That the Secretary of the Army shall submit a 
quarterly report to the Committees on Appropriations of the 
House of Representatives and the Senate detailing the 
allocation, obligation and expenditures of these funds, 
including an explanation of how each selected program, project 
or activity fulfills the funding criteria above, beginning not 
later than 45 days after the date of enactment of this Act: 
Provided further, That the Secretary shall have unlimited 
reprogramming authority for the funds provided under this 
heading: Provided further, That up to 0.5 percent of funds 
provided under this heading may be transferred to ``Expenses'' 
for the purposes of management and oversight of the programs, 
projects or activities funded by this paragraph.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      WATER AND RELATED RESOURCES

                     (INCLUDING TRANSFERS OF FUNDS)

    For an additional amount for ``Water and Related 
Resources'', $100,000,000: Provided, That of the amount 
appropriated under this heading, not less than $26,000,000 
shall be used for water reclamation and reuse projects 
authorized under title XVI of Public Law 102-575: Provided 
further, That up to $30,000,000 of the funds provided under 
this heading may be used for programs, projects, and activities 
authorized by Public Law 108-361 and up to $10,000,000 of the 
funds provided under this heading may be transferred to the 
Department of the Interior for programs, projects, and 
activities authorized by titles II-V of Public Law 102-575: 
Provided further, That funds provided under this heading shall 
only be allocated to programs, projects or activities that 
heretofore received funds provided in Acts making 
appropriations available for Energy and Water Development: 
Provided further, That for projects that are being completed 
with funds appropriated in this paragraph that would otherwise 
be expired for obligation, expired funds appropriated in this 
paragraph may be used to pay the cost of associated 
supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any: Provided 
further, That the Secretary of the Interior shall submit a 
quarterly report to the Committees on Appropriations of the 
House of Representatives and the Senate detailing the 
allocation, obligation and expenditures of these funds, 
beginning not later than 45 days after the date of enactment of 
this Act: Provided further, That the Secretary shall have 
unlimited reprogramming authority for the funds provided under 
this heading: Provided further, That up to 0.5 percent of funds 
appropriated under this heading may be transferred to ``Policy 
and Administration'' for the purposes of management and 
oversight of the programs, projects, or activities funded by 
this paragraph.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

         Title 17 Innovative Technology Loan Guarantee Program

    For an additional amount for ``Title 17 Innovative 
Technology Loan Guarantee Program'' for the cost of guaranteed 
loans authorized by section 1705 of the Energy Policy Act of 
2005, $2,000,000,000, available until expended: Provided, That 
the cost of such loans, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974.

                    General Provision, This Chapter

     INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE PROGRAM

    Sec. 1201. (a) Specific Appropriation or Contribution.--
Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) 
is amended--
          (1) by striking subsection (b) and inserting the 
        following:
      ``(b) Specific Appropriation or Contribution.--
      ``(1) In general.--No guarantee shall be made unless--
                  ``(A) an appropriation for the cost has been 
                made;
                  ``(B) the Secretary has received from the 
                borrower a payment in full for the cost of the 
                obligation and deposited the payment into the 
                Treasury; or
                  ``(C) a combination of appropriations or 
                payments from the borrower has been made 
                sufficient to cover the cost of the obligation.
          ``(2) Limitation.--The source of payments received 
        from a borrower under paragraph (1)(B) or (C) shall not 
        be a loan or other debt obligation, that is made or 
        guaranteed by the Federal Government.''; and
          (2) by adding at the end the following:
    ``(k) Credit Report.--If, in the opinion of the Secretary, 
a third-party credit rating of the applicant or project is not 
relevant to the determination of the credit risk of a project, 
if the project costs are not projected to exceed $100,000,000, 
and the applicant agrees to accept the credit rating assigned 
to the applicant by the Secretary, the Secretary may waive any 
otherwise applicable requirement (including any requirement 
described in part 609 of title 10, Code of Federal Regulations) 
to provide a third-party credit report.
    ``(l) Direct Hire Authority.--
          ``(1) In general.--Notwithstanding section 3304 and 
        sections 3309 through 3318 of title 5, United States 
        Code, the head of the loan guarantee program under this 
        title (referred to in this subsection as the `Executive 
        Director') may, on a determination that there is a 
        severe shortage of candidates or a severe hiring need 
        for particular positions to carry out the functions of 
        this title, recruit and directly appoint highly 
        qualified critical personnel with specialized knowledge 
        important to the function of the programs under this 
        title into the competitive service.
          ``(2) Exception.--The authority granted under 
        paragraph (1) shall not apply to positions in the 
        excepted service or the Senior Executive Service.
          ``(3) Requirements.--In exercising the authority 
        granted under paragraph (1), the Executive Director 
        shall ensure that any action taken by the Executive 
        Director--
                  ``(A) is consistent with the merit principles 
                of section 2301 of title 5, United States Code; 
                and
                  ``(B) complies with the public notice 
                requirements of section 3327 of title 5, United 
                States Code.
          ``(4) Sunset.--The authority provided under paragraph 
        (1) shall terminate on January 1, 2011.
    ``(m) Multiple Sites.--Notwithstanding any contrary 
requirement (including any provision under part 609.12 of title 
10, Code of Federal Regulations) an eligible project may be 
located on 2 or more non-contiguous sites in the United 
States.''.
    (b) Applications for Multiple Eligible Projects.--Section 
1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is 
amended--
          (1) by redesignating subsection (e) as subsection 
        (f); and
          (2) by inserting after subsection (d) the following:
    ``(e) Multiple Applications.--Notwithstanding any contrary 
requirement (including any provision under part 609.3(a) of 
title 10, Code of Federal Regulations), a project applicant or 
sponsor of an eligible project may submit an application for 
more than 1 eligible project under this section.''.
    (c) Energy Efficiency Loan Guarantees.--Section 1705(a) of 
the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended 
by adding at the end the following:
          ``(4) Energy efficiency projects, including projects 
        to retrofit residential, commercial, and industrial 
        buildings, facilities, and equipment.''.

                      CHAPTER 3--HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency

                     FIREFIGHTER ASSISTANCE GRANTS

    For an additional amount for ``Firefighter Assistance 
Grants'' for necessary expenses for programs authorized by 
section 34 of the Federal Fire Prevention and Control Act of 
1974 (15 U.S.C. 2229a), $500,000,000: Provided, That 
notwithstanding any provision under section 34(a)(1)(A) such 
Act specifying that grants must be used to increase the number 
of firefighters in fire departments, the Secretary of Homeland 
Security, in making grants under section 34 of such Act for 
fiscal year 2010, shall grant waivers from the requirements of 
subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such 
section: Provided further, That section 34(a)(1)(E) of such Act 
shall not apply with respect to funds appropriated in this or 
any other Act making appropriations for fiscal year 2010 for 
grants under section 34 of such Act: Provided further, That the 
Secretary of Homeland Security, in making grants under section 
34 of such Act, shall ensure that funds appropriated under this 
or any other Act making appropriations for fiscal year 2010 are 
made available for the retention of firefighters and shall 
award grants not later than 120 days after the date of 
enactment of this Act: Provided further, That the Secretary may 
transfer any unused funds under this heading to make grants for 
programs authorized by section 33 of such Act (15 U.S.C. 2229) 
after notification to the Committees on Appropriations of the 
Senate and the House of Representatives.

                  CHAPTER 4--INTERIOR AND ENVIRONMENT

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   MANAGEMENT OF LANDS AND RESOURCES

    For an additional amount for ``Management of Lands and 
Resources'', for activities on all Bureau of Land Management 
lands using term employment, $20,000,000.

                United States Fish and Wildlife Service

                          RESOURCE MANAGEMENT

    For an additional amount for ``Resource Management'', for 
activities using term employment, $30,000,000.

                         National Park Service

                 OPERATION OF THE NATIONAL PARK SYSTEM

    For an additional amount for ``Operation of the National 
Park System'', for activities on all national park units using 
term employment, $50,000,000.

                        Department-Wide Programs

                        WILDLAND FIRE MANAGEMENT

    For an additional amount for ``Wildland Fire Management'', 
for hazardous fuels reduction and related activities including 
necessary inventory and monitoring, using term employment, 
$20,000,000.

                    ENVIRONMENTAL PROTECTION AGENCY

                   State And Tribal Assistance Grants

                     (INCLUDING TRANSFERS OF FUNDS)

    For an additional amount for ``State and Tribal Assistance 
Grants'', $2,000,000,000, of which $1,000,000,000 shall be for 
capitalization grants for the Clean Water State Revolving Funds 
under title VI of the Federal Water Pollution Control Act and 
$1,000,000,000 shall be for capitalization grants under section 
1452 of the Safe Drinking Water Act: Provided, That the 
Administrator may retain up to 1 percent of the funds 
appropriated herein for management and oversight purposes: 
Provided further, That funds appropriated herein shall not be 
subject to the matching or cost share requirements of sections 
602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution 
Control Act nor the matching requirements of section 1452(e) of 
the Safe Drinking Water Act: Provided further, That the 
Administrator shall reallocate funds appropriated herein for 
the Clean and Drinking Water State Revolving Funds (Revolving 
Funds) where projects are not under contract or construction 
within 8 months of the date of enactment of this Act: Provided 
further, That notwithstanding the priority rankings they would 
otherwise receive under each program, priority for funds 
appropriated herein shall be given to projects on a State 
priority list that are ready to proceed to construction within 
12 months of the date of enactment of this Act: Provided 
further, That notwithstanding the requirements of section 
603(d) of the Federal Water Pollution Control Act or section 
1452(f) of the Safe Drinking Water Act, for the funds 
appropriated herein, each State shall use not less than 50 
percent of the amount of its capitalization grants to provide 
additional subsidization to eligible recipients in the form of 
forgiveness of principal, negative interest loans or grants or 
any combination of these: Provided further, That, to the extent 
there are sufficient eligible project applications, not less 
than 20 percent of the funds appropriated herein for the 
Revolving Funds shall be for projects to address green 
infrastructure, water or energy efficiency improvements or 
other environmentally innovative activities: Provided further, 
That notwithstanding the limitation on amounts specified in 
section 518(c) of the Federal Water Pollution Control Act, up 
to 2.0 percent of the funds appropriated herein for the Clean 
Water State Revolving Funds may be reserved by the 
Administrator for tribal grants under section 518(c) of such 
Act: Provided further, That up to 4 percent of the funds 
appropriated herein for tribal set-asides under the Revolving 
Funds may be transferred to the Indian Health Service to 
support management and oversight of tribal projects: Provided 
further, That none of the funds appropriated herein shall be 
available for the purchase of land or easements as authorized 
by section 603(c) of the Federal Water Pollution Control Act or 
for activities authorized by section 1452(k) of the Safe 
Drinking Water Act: Provided further, That notwithstanding 
section 603(d)(2) of the Federal Water Pollution Control Act 
and section 1452(f)(2) of the Safe Drinking Water Act, funds 
may be used to buy, refinance, or restructure the debt 
obligations of eligible recipients only where such debt was 
incurred on or after October 1, 2009: Provided further, That 
section 1606 of title XVI of Public Law 111-5 shall apply to 
the use of the funds provided under this heading.

                       Department of Agriculture

                             Forest Service

                       STATE AND PRIVATE FORESTRY

    For an additional amount for ``State and Private Forestry'' 
for financial assistance to States and territories for 
authorized activities using term employment, $75,000,000.

                         NATIONAL FOREST SYSTEM

    For an additional amount for ``National Forest System'', 
for activities on the National Forest System using term 
employment, $40,000,000.

                        WILDLAND FIRE MANAGEMENT

    For an additional amount for ``Wildland Fire Management'', 
for hazardous fuels reduction and related activities using term 
employment, $35,000,000.

                    General Provisions, This Chapter

                     (INCLUDING TRANSFER OF FUNDS)

    Sec. 1401. Funds made available to the Environmental 
Protection Agency by this Act for management and oversight 
purposes shall remain available until September 30, 2012, and 
may be transferred to the ``Environmental Programs and 
Management'' account as needed.
    Sec. 1402. In carrying out the work for which funds in this 
title are being made available, the Secretary of the Interior 
and the Secretary of Agriculture shall utilize, to the maximum 
extent practicable, the Public Lands Corps, Youth Conservation 
Corps, Student Conservation Association, Job Corps, Corps 
Network members, and other related partnerships with Federal, 
State, local, tribal or non-profit groups that serve youny 
adults, underserved and minority populations, veterans, and 
special needs individuals.

CHAPTER 5--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
                                AGENCIES

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    TRAINING AND EMPLOYMENT SERVICES

    For an additional amount for ``Training and Employment 
Services'' for activities under the Workforce Investment Act of 
1998 (``WIA''), $1,250,000,000, which shall be available for 
obligation on the date of enactment of this Act, as follows:
          (1) $500,000,000 for grants to the States for youth 
        activities: Provided, That such funds shall be used 
        solely for summer employment programs for youth: 
        Provided further, That no portion of such funds shall 
        he reserved to carry out section 127(b)(1)(A) of the 
        WIA: Provided further, That for purposes of section 
        127(b)(1)(C)(iv) of the WIA, funds available for youth 
        activities shall be allotted as if the total amount 
        available for youth activities in the fiscal year does 
        not exceed $1,000,000,000: Provided further, That the 
        work readiness performance indicator described in 
        section 136(b)(2)(A)(ii)(I) of the WIA shall be the 
        only measure of performance used to assess the 
        effectiveness of summer employment for youth provided 
        with such funds: Provided further, That an in-school 
        youth shall meet the requirement that eligible youth be 
        a low-income individual under section 101(13)(B) of the 
        WIA if such youth has been determined to meet the 
        eligibility requirements for free meals under the 
        National School Lunch Act (42 U.S.C. 1751 et seq.) 
        during the most recent school year; and
          (2) $750,000,000 for a program of competitive grants 
        for worker training and placement in high growth and 
        emerging industry sectors: Provided, That $275,000,000 
        shall be for job training projects that prepare workers 
        for careers in energy efficiency and renewable energy 
        as described in section 171(e)(1)(B) of the WIA, of 
        which $225,000,000 shall be for Pathways Out of Poverty 
        projects: Provided further, That awarding grants from 
        those funds not dedicated in the preceding proviso, the 
        Secretary of Labor shall give priority to projects that 
        prepare workers for careers in the health care sector.

                        DEPARTMENT OF EDUCATION

                          Education Jobs Fund

    For necessary expenses for an Education Jobs Fund, 
$23,000,000,000, which shall remain available for obligation 
through September 30, 2010 and shall he administered under the 
terms and conditions of sections 14001 through 14013 of title 
XIV, and title XV, of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5), except as follows:
          (1) Allotments to states and territories.--Such funds 
        shall be available only for allocations by the 
        Secretary under subsections (a) and (d) of section 
        14001.
          (2) Reservation.--With respect to funds appropriated 
        under this heading, a State that receives an allocation 
        may reserve not more than 5 percent for--
                  (A) the administrative costs of carrying out 
                its responsibilities with respect to those 
                funds, provided the State reserves not more 
                than 1 percent of its total allocation for 
                those costs; and
                  (B) retaining or creating positions in the 
                State educational agency or the State agency 
                for higher education, and other State agency 
                positions related to the administration or 
                support of early childhood, elementary, 
                secondary or postsecondary education.
          (3) Awards to local educational agencies and public 
        institutions of higher education.--
                  (A) Except as specified under paragraph (2), 
                allocation of such funds to a State under 
                section 14001(d) shall be used only for awards 
                to local educational agencies and public 
                institutions of higher education for the 
                support of elementary, secondary, and 
                postsecondary education. The Governor shall 
                determine how the funds appropriated under this 
                heading are allocated for elementary and 
                secondary education and for public institutions 
                of higher education. In making the 
                determination in the preceding sentence, the 
                Governor shall allocate funds among the 
                categories of elementary and secondary 
                education and public institutions of higher 
                education generally in proportion to any 
                reductions in State funds for such categories.
                  (B) Funds used to support elementary and 
                secondary education, shall be distributed 
                through the State's primary elementary and 
                secondary funding formulae.
                  (C) Section 14002(a) and (b) shall not apply.
          (4) Inapplicability of education reform assurances.--
        Subsection (b)(2), and paragraphs (1) through (5) of 
        subsection (d), of section 14005 shall not apply to any 
        application for an allocation of such funds.
          (5) Requirenent to use funds to retain or create 
        education jobs.--Notwithstanding sections 14003(a) and 
        14004(a), such funds may be used only for compensation 
        and benefits and other expenses, such as support 
        services, necessary to retain existing employees, for 
        activities defined in section 101(31) of the Workforce 
        Investment Act of 1998, and to hire new employees in 
        order to provide early childhood, elementary, 
        secondary, or postsecondary educational and related 
        services or for modernization, renovation, and repair 
        of public school facilities and facilities of 
        institutions of higher education.
          (6) Prohibition on use of funds for rainy-day funds 
        or debt retirement.--A State that receives an 
        allocation may not use such funds, directly or 
        indirectly, to establish, restore, or supplement a 
        rainy-day fund, or to supplant State funds in a manner 
        that has the effect of establishing, restoring, or 
        supplementing a rainy-day fund; or to reduce or retire 
        debt obligations incurred by the State, or to supplant 
        State funds in a manner that has the effect of reducing 
        or retiring debt obligations incurred by the State, 
        provided that this prohibition shall not apply to fund 
        balances that are necessary to comply with any State 
        requirement to maintain a balanced budget.
          (7) Application considerations.--If, by a date set by 
        the Secretary, a Governor has not submitted an 
        approvable application under section 14005(a), the 
        Secretary may provide for the distribution of funds 
        allocated under section 14001(d) to another entity or 
        other entities in the State, under such terms and 
        conditions as the Secretary may establish, provided 
        that all terms and conditions that apply to the 
        appropriation under this heading shall apply to such 
        funds distributed to such entity or entities.
          (8) Local educational agency application.--Section 
        442 of the General Education Provisions Act does not 
        apply to a local educational agency that has previously 
        submitted an application to the State under title XIV 
        of division A of the American Recovery and Reinvestment 
        Act of 2009. The assurances provided under that 
        application shall continue to apply to funds awarded 
        under this heading.
          (9) Maintenance of effort.--The Secretary shall not 
        allocate funds to a State under paragraph (1) unless 
        the Governor of the State provides an assurance to the 
        Secretary that the State will--
                  (A) for fiscal year 2010--
                          (i) maintain State support for 
                        elementary, secondary, and public 
                        higher education (not including support 
                        for capital projects or research and 
                        development or tuition and fees paid by 
                        students), in the aggregate, at the 
                        level of such support for fiscal year 
                        2009; or
                          (ii) maintain State support for 
                        elementary, secondary, and public 
                        higher education (not including support 
                        for capital projects or research and 
                        development or tuition and fees paid by 
                        students), in the aggregate, at a level 
                        no less than such support for fiscal 
                        year 2006, provided that if a State has 
                        enacted a reduction to such aggregate 
                        level of fiscal year 2010 State support 
                        for elementary, secondary, and public 
                        higher education after December 12, 
                        2009, the State shall maintain State 
                        support for elementary, secondary, and 
                        public higher education at a percentage 
                        of the total revenues available to the 
                        State that is equal to or greater than 
                        the percentage provided for such 
                        purpose for fiscal year 2010 prior to 
                        December 12, 2009; and
                  (B) for fiscal year 2011--
                          (i) comply with subparagraph (A)(i); 
                        or
                          (ii) maintain State support for 
                        elementary, secondary, and public 
                        higher education (not including support 
                        for capital projects or research and 
                        development or tuition and fees paid by 
                        students), in the aggregate, at a 
                        percentage of the total revenues 
                        available to the State that is equal to 
                        or greater than the percentage provided 
                        for such purpose for fiscal year 2010.

                      Student Financial Assistance

    For an additional amount for ``Student Financial 
Assistance'' to carry out part C of title IV of the Higher 
Education Act of 1965, $300,000,000, which shall remain 
available through September 30, 2011.

                            RELATED AGENCIES

             Corporation for National and Community Service

                           OPERATING EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operating Expenses'' to 
carry out the Domestic Volunteer Service Act of 1973 (``1973 
Act'') and the National and Community Service Act of 1990 
(``1990 Act''), $132,000,000, which shall remain available 
through September 30, 2011: Provided, That not less than 
$90,000,000 of the funds made available in this paragraph shall 
be used to make additional awards to existing AmeriCorps 
grantees and may be used to provide adjustments to awards under 
subtitle C of title I of the 1990 Act made prior to September 
30, 2011 for which the Chief Executive Officer of the 
Corporation for National and Community Service (``CEO'') 
determines that a waiver of the Federal share limitation is 
warranted under section 2521.70 of title 45 of the Code of 
Federal Regulations: Provided further, That up to $30,000,000 
shall be for programs under title I, part A of the 1973 Act: 
Provided further, That any funds provided in the previous 
proviso shall not be made available in connection with cost-
share agreements authorized under section 192A(g)(10) of the 
1990 Act: Provided further, That of the amount made available 
in this paragraph, not less than $7,000,000 shall be 
transferred to ``Salaries and Expenses'' to administer the 
funds provided in this paragraph, including making any 
necessary information technology upgrades: Provided further, 
That the CEO shall provide to the Committees on Appropriations 
of the House of Representatives and the Senate a fiscal year 
2010 operating plan for the funds appropriated in this 
paragraph prior to making any Federal obligations of such funds 
in fiscal year 2010, but not later than 90 days after the date 
of enactment of this Act, and a fiscal year 2011 operating plan 
for such funds in fiscal year 2011, but not later than November 
1, 2010, that detail the allocation of resources and the 
increased number of members supported by the AmeriCorps 
programs: Provided further, That the CEO shall provide to the 
Committees on Appropriations of the House of Representatives 
and the Senate a report on the actual obligations, 
expenditures, and unobligated balances for each activity funded 
under this heading not later than 90 days after issuance of the 
operating plan, and quarterly thereafter as long as funding 
provided under this heading is available for obligation or 
expenditure.

                         NATIONAL SERVICE TRUST

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``National Service Trust'' 
established under subtitle D of title I of the National and 
Community Service Act of 1990 (``1990 Act''), $68,000,000, 
which shall remain available until expended: Provided, That the 
Corporation for National and Community Service may transfer 
additional funds from the amount provided within ``Operating 
Expenses'' allocated to grants under subtitle C of title I of 
the 1990 Act to the National Service Trust upon determination 
that such transfer is necessary to support the activities of 
national service participants and after notice is transmitted 
to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided further, That the 
amount appropriated or transferred to the National Service 
Trust may be invested under section 145(b) of the 1990 Act 
without regard to the requirements to apportion funds under 31 
U.S.C. 1513(b).

                    General Provision, This Chapter

 ISSUER ALLOWED REFUNDABLE CREDIT FOR QUALIFIED ZONE ACADEMY BONDS AND 
                  QUALIFIED SCHOOL CONSTRUCTION BONDS

    Sec. 1501. (a) In General.--Section 6431 of the Internal 
Revenue Code of 1986 is amended by adding at the end the 
following new subsection:
    ``(f) Application of Section to Qualified Zone Academy 
Bonds and Qualified School Construction Bonds.--
          ``(1) In general.--In the case of any specified tax 
        credit bond--
                  ``(A) such bond shall be treated as a 
                qualified bond for purposes of this section,
                  ``(B) subsection (a) shall be applied without 
                regard to the requirement that the qualified 
                bond be issued before January 1, 2011,
                  ``(C) the amount of the payment determined 
                under subsection (b) with respect to any 
                interest payment date under such bond shall be 
                equal to the lesser of--
                          ``(i) the amount of interest payable 
                        under such bond on such date, or
                          ``(ii) the amount of interest which 
                        would have been payable under such bond 
                        on such date if such interest were 
                        determined at the applicable credit 
                        rate determined under section 54A(b)(3) 
                        with respect to such bond,
                  ``(D) interest on any such bond shall be 
                includible in gross income for purposes of this 
                title, and
                  ``(E) no credit shall be allowed under 
                section 54A with respect to such bond.
          ``(2) Specified tax credit bond.--For purposes of 
        this subsection, the term `specified tax credit bond' 
        means any qualified tax credit bond (as defined in 
        section 54A(d)) if--
                  ``(A) such bond is a qualified zone academy 
                bond (as defined in section 54E) or a qualified 
                school construction bond (as defined in section 
                54F), and
                  ``(B) the issuer of such bond makes an 
                irrevocable election to hare this subsection 
                apply.''.
    (b) Technical Corrections Relating to Qualified School 
Construction Bonds.--
          (1) The second sentence of section 54F(d)(1) of such 
        Code is amended by striking ``by the State'' and 
        inserting ``by the State education agency (or such 
        other agency as is authorized under State law to make 
        such allocation)''.
          (2) The second sentence of section 54F(e) of such 
        Code is amended by striking ``subsection (d)(4)'' and 
        inserting ``paragraphs (2) and (4) of subsection (d)''.
    (c) Effective Date.--
          (1) In general.--Except as otherwise provided in this 
        subsection, the amendment made by this section shall 
        apply to bonds issued after December 31, 2009.
          (2) Technical corrections.--The amendments made by 
        subsection (b) shall take effect as if included in 
        section 1521 of the American Recovery and Reinvestment 
        Tax Act of 2009.

      CHAPTER 6--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                       GRANTS-IN-AID FOR AIRPORTS

    For an additional amount for ``Grants-In-Aid for 
Airports'', to enable the Secretary of Transportation to make 
grants for discretionary projects as authorized by subchapter 1 
of chapter 471 and subchapter 1 of chapter 475 of title 49, 
United States Code, $500,000,000: Provided, That such funds 
shall not be subject to apportionment formulas, special 
apportionment categories, or minimum percentages under chapter 
471 of such title: Provided further, That the Secretary shall 
distribute funds provided under this heading as discretionary 
grants to airports using the criteria established under 
chapters 471 and 475 of such title, but with priority given to 
those projects that demonstrate to his satisfaction their 
ability to be completed within 2 years of enactment of this 
Act: Provided further, That the Secretary shall award grants 
under this heading within 120 days of enactment of this Act: 
Provided further, That the amount made available under this 
heading shall not be subject to any limitation on obligations 
for the Grants-in-Aid for Airports program set forth in any 
Act: Provided further, That the Federal share payable of the 
costs for which a grant is made under this heading shall be, at 
the option of the recipient, up to 100 percent: Provided 
further, That the amounts provided under this heading may be 
used for expenses the agency incurs in administering this 
program in addition to amounts provided for administrative 
expenses for the Grants-in-Aid Airport Improvement Program from 
any other Act.

                     Federal Highway Administration

                   HIGHWAY INFRASTRUCTURE INVESTMENT

    For an additional amount for ``Highway Infrastructure 
Investment'' for restoration, repair, construction and other 
activities eligible under paragraph (b) of section 133 of title 
23, United States Code, and for passenger and freight rail 
transportation and port infrastructure projects eligible for 
assistance under subsection 601(a)(8) of such title, 
$27,500,000,000 to remain available through September 30, 2011: 
Provided, That, after making the set-asides required under this 
heading, 50 percent of the funds made available under this 
heading shall be apportioned to States using the formula set 
forth in section 104(b)(3) of title 23, United States Code, and 
the remaining funds shall be apportioned to States in the same 
ratio as the obligation limitation for fiscal year 2008 was 
distributed among the States in accordance with the formula 
specified in section 120(a)(6) of division K of Public Law 110-
161: Provided further, That funds made available under this 
heading shall be apportioned not later than 21 days after the 
date of enactment of this Act: Provided further, That in 
selecting projects to be carried out with funds apportioned 
under this heading, priority shall be given to projects that 
are projected for completion within a 3-year time frame, and 
are located in economically distressed areas as defined by 
section 301 of the Public Works and Economic Development Act of 
1965, as amended (42 U.S.C. 3161): Provided further, That in 
selecting projects to be carried out with funds apportioned 
under this heading, States shall ensure an equitable geographic 
distribution of funds and an appropriate balance in addressing 
the needs of urban and rural communities in the State: Provided 
further, That 90 days following the date of such apportionment, 
the Secretary of Transportation shall withdraw from each State 
an amount equal to 50 percent of the funds awarded to that 
State less the amount of funding under contract, as determined 
by the Secretary, and the Secretary shall redistribute such 
amounts to other States that have had no funds withdrawn under 
this proviso in the manner described in section 120(c) of 
division K of Public Law 110-161: Provided further, That 1 year 
following the date of such apportionment, the Secretary shall 
withdraw from each recipient of funds apportioned under this 
heading any funds that are not under contract, as determined by 
the Secretary, and the Secretary shall redistribute such 
amounts to States that have had no funds withdrawn under this 
proviso in the manner described in section 120(c) of division K 
of Public Law 110-161: Provided further, That at the request of 
a State, the Secretary of Transportation may provide an 
extension of such 1-year period only to the extent that he 
feels satisfied that the State has encountered extreme 
conditions that create an unworkable bidding environment or 
other extenuating circumstances: Provided further, That before 
granting such an extension, the Secretary shall send a letter 
to the House and Senate Committees on Appropriations that 
provides a thorough justification for the extension: Provided 
further, That 3 percent of the funds apportioned to a State 
under this heading shall be set aside for the purposes 
described in subsection 133(d)(2) of title 23, United States 
Code (without regard to the comparison to fiscal year 2005): 
Provided further, That 30 percent of the funds apportioned to a 
State under this heading shall be suballocated within the State 
in the manner and for the purposes described in the first 
sentence of subsection 133(d)(3)(A), in subsection 
133(d)(3)(B), and in subsection 133(d)(3)(D): Provided further, 
That such suballocation shall be conducted in every State: 
Provided further, That of the funds provided under this 
heading, $105,000,000 shall be for the Puerto Rico highway 
program authorized under section 165 of title 23, United States 
Code, and $45,000,000 shall be for the territorial highway 
program authorized under section 215 of title 23, United States 
Code: Provided further, That of the funds provided under this 
heading, $60,000,000 shall be for capital expenditures eligible 
under section 147 of title 23, United States Code (without 
regard to subsection (d)): Provided further, That the Secretary 
of Transportation shall distribute such $60,000,000 as 
competitive discretionary grants to States, with priority given 
to those projects that demonstrate to his satisfaction their 
ability to be completed within 2 years of enactment of this 
Act: Provided further, That of the funds provided under this 
heading, $550,000,000 shall be for investments in 
transportation at Indian reservations and Federal lands: 
Provided further, That of the funds identified in the preceding 
proviso, $310,000,000 shall be for the Indian Reservation Roads 
program, $170,000,000 shall be for the Park Roads and Parkways 
program, $60,000,000 shall be for the Forest Highway Program, 
and $10,000,000 shall be for the Refuge Roads program: Provided 
further, That for investments at Indian reservations and 
Federal lands, priority shall be given to capital investments, 
and to projects and activities that can be completed within 2 
years of enactment of this Act: Provided further, That 1 year 
following the enactment of this Act, to ensure the prompt use 
of the $550,000,000 provided for investments at Indian 
reservations and Federal lands, the Secretary shall have the 
authority to redistribute unobligated funds within the 
respective program for which the funds were appropriated: 
Provided further, That up to 4 percent of the funding provided 
for Indian Reservation Roads may be used by the Secretary of 
the Interior for program management and oversight and project-
related administrative expenses: Provided further, That section 
134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not 
apply to funds provided under this heading: Provided further, 
That of the funds made available under this heading, 
$20,000,000 shall be for highway surface transportation and 
technology training under section 140(b) of title 23, United 
States Code, and $20,000,000 shall be for disadvantaged 
business enterprises bonding assistance under section 332(e) of 
title 49, United States Code: Provided further, That funds made 
available under this heading shall be administered as if 
apportioned under chapter 1 of title 23, United States Code, 
except for funds made available for investments in 
transportation at Indian reservations and Federal lands, and 
for the territorial highway program, which shall be 
administered in accordance with chapter 2 of title 23, United 
States Code, and except for funds made available for 
disadvantaged business enterprises bonding assistance, which 
shall be administered in accordance with chapter 3 of title 49, 
United States Code: Provided further, That the Federal share 
payable on account of any project or activity carried out with 
funds made available under this heading shall be, at the option 
of the recipient, up to 100 percent of the total cost thereof: 
Provided further, That funds made available by this paragraph 
shall not be obligated for the purposes authorized under 
section 115(b) of title 23, United States Code: Provided 
further, That funding provided under this heading shall be in 
addition to any and all funds provided for fiscal years 2010 
and 2011 in any other Act for ``Federal-aid Highways'' and 
shall not affect the distribution of funds provided for 
``Federal-aid Highways'' in any other Act: Provided further, 
That the amount made available under this heading shall not be 
subject to any limitation on obligations for Federal-aid 
highways or highway safety construction programs set forth in 
any Act: Provided further, That section 1101(b) of Public Law 
109-59 shall apply to funds apportioned under this heading: 
Provided further, That the Administrator of the Federal Highway 
Administration may retain up to $45,000,000 of the funds 
provided under this heading to fund the oversight by the 
Administrator of projects and activities carried out with funds 
made available to the Federal Highway Administration in this 
Act, of which $5,000,000 shall be for the Office of Expedited 
Project Delivery in the Office of the Administrator of the 
Federal Highway Administration, and such funds shall be 
available through September 30, 2013.

                    Federal Railroad Administration

     CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

    For an additional amount for ``Capital Grants to the 
National Railroad Passenger Corporation'' to enable the 
Secretary of Transportation to make capital grants to The 
National Railroad Passenger Corporation (Amtrak) as authorized 
by section 101(c) of the Passenger Rail Investment and 
Improvement Act of 2008 (Public Law 110-432), $800,000,000, for 
fleet modernization, including rehabilitation of existing and 
acquisition of new passenger equipment, including fuel 
efficient locomotives: Provided, That none of the funds 
provided under this heading shall he used to subsidize the 
operating losses of Amtrak: Provided further, That section 
24305(f)(4)(B) of title 49, United States Code, shall not apply 
to any new equipment acquired with funds provided under this 
heading: Provided further, That funds provided under this 
heading shall be awarded not later than 60 days after the date 
of enactment of this Act.

                     Federal Transit Administration

                       TRANSIT CAPITAL ASSISTANCE

    For an additional amount for ``Transit Capital Assistance'' 
for transit capital assistance grants authorized under section 
5302(a)(1) of title 49, United States Code, $6,150,000,000: 
Provided, That the Secretary of Transportation shall provide 80 
percent of the funds appropriated under this heading for grants 
under section 5307 of title 49, United States Code, and 
apportion such funds in accordance with section 5336 of such 
title (other than subsections (i)(1) and (j)): Provided 
further, That the Secretary shall apportion 10 percent of the 
funds appropriated under this heading in accordance with 
section 5340 of such title: Provided further, That the 
Secretary shall provide 10 percent of the funds appropriated 
under this heading for grants under section 5311 of title 49, 
United States Code, and apportion such funds in accordance with 
such section: Provided further, That funds apportioned under 
this heading shall be apportioned not later than 21 days after 
the date of enactment of this Act: Provided further, That 90 
days following the date of such apportionment, the Secretary 
shall withdraw from each urbanized area or State an amount 
equal to 50 percent of the funds apportioned to such urbanized 
areas or States less the amount of funding under contract, as 
determined by the Secretary, and the Secretary shall 
redistribute such amounts to other urbanized areas or States 
that have had no funds withdrawn under this proviso utilizing 
whatever method he deems appropriate to ensure that all funds 
redistributed under this proviso shall be utilized promptly: 
Provided further, That 1 year following the date of such 
apportionment, the Secretary shall withdraw from each urbanized 
area or State any funds that are not under contract, as 
determined by the Secretary, and the Secretary shall 
redistribute such amounts to other urbanized areas or States 
that have had no funds withdrawn under this proviso utilizing 
whatever method he deems appropriate to ensure that all finds 
redistributed under this proviso shall be utilized promptly: 
Provided further, That at the request of an urbanized area or 
State, the Secretary of Transportation may provide an extension 
of such 1-year period if he feels satisfied that the urbanized 
area or State has encountered an unworkable bidding environment 
or other extenuating circumstances: Provided further, That 
before granting such an extension, the Secretary shall send a 
letter to the House and Senate Committees on Appropriations 
that provides a thorough justification for the extension: 
Provided further, That of the funds provided for section 5311 
of title 49, United Slates Code, 2.5 percent shall be made 
available for section 5311(c)(1): Provided further, That of the 
funding provided under this heading, $100,000,000 shall be 
distributed as discretionary grants to public transit agencies 
for capital investments that will assist in reducing the energy 
consumption or greenhouse gas emissions of their public 
transportation systems: Provided further, That for such grants 
on energy-related investments, priority shall be given to 
projects based on the total energy savings that are projected 
to result from the investment, and projected energy savings as 
a percentage of the total energy usage of the public transit 
agency: Provided further, That applicable chapter 53 
requirements shall apply to funding provided under this 
heading, except that the Federal share of the costs for which 
any grant is made under this heading shall be, at the option of 
the recipient, up to 100 percent: Provided further, That the 
amount made available under this heading shall not be subject 
to any limitation on obligations for transit programs set forth 
in any Act: Provided further, That section 1101(b) of Public 
Law 109-59 shall apply to funds appropriated under this 
heading: Provided further, That the funds appropriated under 
this heading shall not be commingled with any prior year funds: 
Provided further, That a recipient and subrecipient of funds 
made available under this heading may use up to 10 percent of 
the amount apportioned to a State or urbanized area for the 
operating costs of equipment and facilities for use in public 
transportation or for eligible activities under section 
5311(f): Provided further, That in selecting projects to be 
carried out with funds apportioned under this heading, priority 
shall be given to projects that are located in economically 
distressed areas as defined by section 301 of the Public Works 
and Economic Development Act of 1965, as amended (42 U.S.C. 
3161): Provided further, That in selecting projects to be 
carried out with funds apportioned under this heading, States 
shall ensure an equitable geographic distribution of funds and 
an appropriate balance in addressing the needs of urban and 
rural communities in the State: Provided further, That 
notwithstanding any other provision of law., three-quarters of 
1 percent of the funds provided for grants under section 5307 
and section 5340, and one-half of 1 percent of the funds 
provided for grants under section 5311, shall be available for 
administrative expenses and program management oversight, and 
such funds shall be available through September 30, 2013.

                FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT

    For an amount for capital expenditures authorized under 
section 5309(b)(2) of title 49, United States Code, 
$1,750,000,000: Provided, That the Secretary of Transportation 
shall apportion funds under this heading pursuant to the 
formula set forth in section 5337 of title 49, United States 
Code: Provided further, That the funds appropriated under this 
heading shall not be commingled with any prior year funds: 
Provided further, That funds made available under this heading 
shall be apportioned not later than 21 days after the date of 
enactment of this Act: Provided further, That 90 days following 
the date of such apportionment, the Secretary shall withdraw 
from each urbanized area an amount equal to 50 percent of the 
funds apportioned to such urbanized area less the amount of 
funding under contract, as determined by the Secretary, and the 
Secretary shall redistribute such amounts to other urbanized 
areas that have had no funds withdrawn under this proviso 
utilizing whatever method he deems appropriate to ensure that 
all funds redistributed under this proviso shall be utilized 
promptly: Provided further, That 1 year following the date of 
such apportionment, the Secretary shall withdraw from each 
urbanized area any funds that are not under contract, as 
determined by the Secretary, and the Secretary shall 
redistribute such amounts to other urbanized areas that have 
had no funds withdrawn under this proviso utilizing whatever 
method he deems appropriate to ensure that all funds 
redistributed under this proviso shall be utilized promptly: 
Provided further, That at the request of an urbanized area, the 
Secretary of Transportation may provide an extension of such 1-
year period if he feels satisfied that the urbanized area has 
encountered an unworkable bidding environment or other 
extenuating circumstances: Provided further, That before 
granting such an extension, the Secretary shall send a letter 
to the House and Senate Committees on Appropriations that 
provides a thorough justification for the extension: Provided 
further, That applicable chapter 53 requirements shall apply 
except that the Federal share of the costs for which a grant is 
made under this heading shall be, at the option of the 
recipient, up to 100 percent: Provided further, That the 
provisions of section 1101(b) of Public Law 109-59 shall apply 
to funds made available under this heading: Provided further, 
That notwithstanding any other provision of law, up to 1 
percent of the funds under this heading shall be available for 
administrative expenses and program management oversight and 
shall remain available for obligation until September 30, 2013.

                       CAPITAL INVESTMENT GRANTS

    For an additional amount for ``Capital Investment Grants'', 
as authorized under section 5338(c)(4) of title 49, United 
States Code, and allocated under section 5309(m)(2)(A) of such 
title, to enable the Secretary of Transportation to make 
discretionary grants as authorized by section 5309(d) and (e) 
of such title, $500,000,000, of which $1,500,000 shall be for 
the Office of Expedited Project Delivery in the Office of the 
Administrator of the Federal Transit Administration: Provided, 
That such amount shall be allocated without regard to the 
limitation under section 5309(m)(2)(A)(i): Provided further, 
That in selecting projects to be funded, priority shall be 
given to projects that are able to award contracts within 90 
days of enactment of this Act: Provided further, That the 
provisions of section 1101(b) of Public Law 109-59 shall apply 
to funds made available under this heading: Provided further, 
That funds appropriated under this heading shall not be 
commingled with any prior year funds: Provided further, That 
applicable chapter 53 requirements shall apply, except that 
notwithstanding any other provision of law, up to 1 percent of 
the funds provided under this heading shall be available for 
administrative expenses and program management oversight, and 
shall remain available through September 30, 2013: Provided 
further, That, notwithstanding any other provision of law, the 
provisions of section 3011(f) of Public Law 109-59 shall apply 
to all projects evaluated under sections 5309(d) and 5309(e) of 
title 49, United States Code, and funded in fiscal years 2010 
and 2011 with funds made available in the Act or any other Act.

                        Maritime Administration

          MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

    For the cost of guaranteed loans, as authorized, 
$100,000,000: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, 
That the Maritime Administrator may retain and transfer to 
``Maritime Administration, Operations and Training'' up to 2 
percent of the funds provided under this heading to carry out 
the guaranteed loan program.

            General Provision, Department of Transportation

    Sec. 1601. (A) Maintenance of Effort.--
          (1) Certification.--
                  (A) Certification through september 30, 
                2010.--The certification made by the Governor 
                of each State under section 1201(a) of division 
                A of the American Recovery and Reinvestment Act 
                of 2009 (Pub. L. 111-5, 123 Stat. 115, 212) 
                shall continue in effect under this Act.
                  (B) Certification through september 30, 
                2011.--Not later than 30 days after the date of 
                enactment of this Act, for each amount that is 
                distributed to a State or agency thereof from 
                an appropriation in this Act for a covered 
                program, the Governor of the State shall 
                certify to the Secretary of Transportation that 
                the State will maintain its effort with regard 
                to State funding for the types of projects that 
                are funded by the appropriation. As part of 
                this certification, the Governor shall submit 
                to the Secretary of Transportation a statement 
                identifying the amount of State funds the State 
                planned to expend from State sources as of the 
                date of enactment of this Act for the period of 
                October 1, 2010, through September 30, 2011, 
                for the types of projects that are funded by 
                the appropriation. For the period of October 1, 
                2010, through September 30, 2011, the Governor 
                of a State may calculate planned expenditures 
                from State funds in the same manner as under 
                section 1201(a) of division A of the American 
                Recovery and Reinvestment Act of 2009 or may 
                calculate the amount by prorating the amount 
                certified under section 1201(a) of division A 
                of the American Recovery and Reinvestment Act 
                of 2009 to establish the amount of planned 
                expenditures for such period.
          (2) Definition of state funds.--For purposes of the 
        certifications required by section 1201(a) of division 
        A of the American Recovery and Reinvestment Act of 2009 
        and paragraph (1)(B), State funding means State funds 
        used for transportation purposes that are expended by 
        the State agency that is primarily responsible for 
        carrying out the covered program. State funding does 
        not include State transportation funds that are 
        expended by or at the direction of non-State 
        governmental entities.
    (b) Requirement to Maintain Effort.--
          (1) Reports.--Each State shall submit to the 
        Department of Transportation for each covered program 
        the actual aggregate expenditures from State funds 
        during the period of February 17, 2009, through 
        September 30, 2011, as compared to the level of such 
        expenditures from State funds that were planned to 
        occur during such period as certified in accordance 
        with subsection (a). The State shall submit the 
        maintenance of effort reports in the same manner and in 
        the same timeframe required by subsection (c), except 
        the State is not required to submit a maintenance of 
        effort report on February 17, 2013. The covered 
        agencies shall submit the reports to Congress in 
        accordance with subsection (c)(1).
          (2) Determination of maintenance of effort.--A State 
        is deemed to have met its level of effort if the 
        aggregate amount of actual expenditures of State funds 
        reported in the February 17, 2012 report in accordance 
        with paragraph (1) meets or exceeds the aggregate 
        amount of planned expenditures of State funds 
        identified in the certification required by subsection 
        (a).
          (3) Penalty for failure to maintain effort.--If a 
        State is unable to maintain the level of effort 
        certified pursuant to subsection (a), the State will be 
        prohibited by the Secretary of Transportation from 
        receiving additional limitation pursuant to the 
        redistribution of the limitation on obligations for 
        Federal-aid highway and highway safety construction 
        programs that occurs after August 1 for fiscal year 
        2012.
    (c) Periodic Reports.--
          (1) In general.--Notwithstanding any other provision 
        of law, each grant recipient shall submit to the 
        covered agency from which they received funding 
        periodic reports on the use of the funds appropriated 
        in this chapter for the Department of Transportation 
        for covered programs. Such reports shall be collected 
        and compiled by the covered agency and transmitted to 
        Congress. Covered agencies may develop such reports on 
        behalf of grant recipients to ensure the accuracy and 
        consistency of such reports.
          (2) Contents of reports.--For amounts received under 
        each covered program by a grant recipient under this 
        chapter for the Department of Transportation, the grant 
        recipient shall include in the periodic reports 
        information tracking--
                  (A) the amount of Federal funds appropriated, 
                allocated, obligated, and outlayed under the 
                appropriation;
                  (B) the number of projects that have been put 
                out to bid under the appropriation and the 
                amount of Federal funds associated with such 
                projects;
                  (C) the number of projects for which 
                contracts have been awarded under the 
                appropriation and the amount of Federal funds 
                associated with such contracts;
                  (D) the number of projects for which work has 
                begun under such contracts and the amount of 
                Federal funds associated with such contracts;
                  (E) the number of projects for which work has 
                been completed under such contracts and the 
                amount of Federal funds associated with such 
                contracts; and
                  (F) the number of direct, on-project jobs 
                created or sustained by the Federal funds 
                provided for projects under the appropriation 
                and, to the extent possible, the estimated 
                indirect jobs created or sustained in the 
                associated supplying industries, including the 
                number of job-years created and the total 
                increase in employment since the date of 
                enactment of this Act.
          (3) Timing of reports.--Eaah grant recipient shall 
        submit the first of the periodic reports required under 
        this subsection not later than 1 year after the date of 
        enactment of the American Recovery and Reinvestment Act 
        of 2009 and shall submit updated reports not later than 
        15 months, 18 months, 2 years, 3 years, and 4 years 
        after such date of enactment.
    (d) Definitions.--In this section, the following 
definitions apply:
          (1) Covered agency.--The term ``covered agency'' 
        means the Federal Aviation Administration, the Federal 
        Highway Administration, the Federal Railroad 
        Administration, the Federal Transit Administration, and 
        the Maritime Administration of the Department of 
        Transportation.
          (2) Covered program.--The term ``covered program'' 
        means funds appropriated in this Act for Grants-in-Aid 
        for Airports'' to the Federal Aviation Administration; 
        for ``Highway Infrastructure Investment'' to the 
        Federal Highway Administration; for ``Capital Grants to 
        the National Railroad Passenger Corporation'' to the 
        Federal Railroad Administration; for ``Transit Capital 
        Assistance'', ``Fixed Guideway Infrastructure 
        Investment'', and ``Capital Investment Grants'' to the 
        Federal Transit Administration; and for ``Maritime 
        Guaranteed Loan (Title XI) Program Account'' to the 
        Maritime Administration.
          (3) Grant recipient.--The term ``grant recipient'' 
        means a State or other recipient of assistance provided 
        under a covered program in this Act. Such term does not 
        include a Federal department or agency.
    (e) Exemption.--Notwithstanding any other provision of law, 
sections 3501-3521 of title 44, United States Code, shall not 
apply to the provisions of this section.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                      PUBLIC HOUSING CAPITAL FUND

    For an additional amount for the ``Public Housing Capital 
Fund'' to carry out capital and management activities for 
public housing agencies, as authorized under section 9 of the 
United States Housing Act of 1937 (42 U.S.C. 1437g) (in this 
heading referred to as the ``Act''), $1,000,000,000: Provided, 
That the Secretary of Housing and Urban Development shall make 
the funds provided under this heading available by competition 
for priority investments, including investments that leverage 
private sector funding or financing for renovations and energy 
conservation retrofit investments: Provided further, That the 
Secretary shall obligate the funds provided under this heading 
by such competition within 60 days of the date of the enactment 
of this Act: Provided further, That in using the funds provided 
under this heading public housing authorities shall give 
priority to capital projects that can award contracts based on 
bids within 120 days from the date that the funds are made 
available to the public housing authorities: Provided further, 
That in using such funds provided under this heading public 
housing agencies shall give priority consideration to the 
rehabilitation of vacant rental units: Provided further, That 
in using such funds provided under this heading public housing 
agencies shall prioritize capital projects that are already 
underway or included in the 5-year capital fund plans required 
by section 5A of the Act (42 U.S.C. 1437c-1(a)): Provided 
further, That notwithstanding any other provision of law, funds 
provided under this heading (1) may not be used for operating 
or rental assistance activities, and (2) shall not be subject 
to any restriction of funding to replacement housing uses: 
Provided further, That notwithstanding section 9(j) of the Act, 
public housing agencies shall obligate 50 percent of the funds 
provided under this heading within 180 days of the date on 
which such funds become available to the agency for obligation, 
and shall expend 100 percent of such funds within one year of 
the date on which such funds become available to the agency for 
obligation: Provided further, That if a public housing agency 
fails to comply with the 180-day obligation requirement under 
the preceding proviso, the Secretary shall recapture all funds 
provided under this heading awarded to the public housing 
agency that remain unobligated and reallocate such funds to 
agencies that are in compliance with such requirement: Provided 
further, That in administering funds appropriated or otherwise 
made available under this heading, the Secretary may waive or 
specify alternative requirements for any provision of any 
statute or regulation in connection with the obligation by the 
Secretary or the use of such funds (except for requirements 
related to fair housing, nondiscrimination, labor standards, 
and the environment), upon a finding that such a waiver is 
necessary to expedite or facilitate the use of such funds: 
Provided further, That, in addition to waivers authorized under 
the preceding proviso, the Secretary may direct that 
requirements relating to the procurement of goods and services 
arising under State and local laws and regulations shall not 
apply to funds provided under this heading.

                   Community Planning and Development

                           HOUSING TRUST FUND

    For the Housing Trust Fund established pursuant to section 
1338 of the Federal Housing Enterprises Financial Safety and 
Soundness Act of 1992 (12 U.S.C. 4568), $1,065,000,000, for use 
under such section: Provided, That of the total amount provided 
under this heading, $65,000,000 shall be available to the 
Secretary of Housing and Urban Development only for incremental 
project-based voucher assistance or project-based rental 
assistance, to be allocated to States pursuant to the formula 
established under such section 1338, to be used solely in 
conjunction with grant funds awarded under such section 1338.

               CHAPTER 7--GENERAL PROVISIONS, THIS TITLE

                             TARP REDUCTION

    Sec. 1701. The limitation under section 115(a)(3) of the 
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 
5225(a)(3)) in effect on the date of the enactment of this Act 
is decreased by $150,000,000,000.

                             LIMIT ON FUNDS

    Sec. 1702. All funds provided under this title shall be 
subject to the requirements of section 1604 of division A of 
the American Recovery and Reinvestment Act of 2009 (Public Law 
111-5).

                  RECOVERY ACT REPORTING REQUIREMENTS

    Sec. 1703. (a) Funds made available by this title shall be 
subject to the reporting, transparency, and oversight 
requirements established by title XV of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5), on the same basis as funds made available in division A of 
that Act.
    (b) Amounts appropriated in division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5) to any 
Office of Inspector General or to the Recovery Accountability 
and Transparency Board shall also be available for the same 
purposes with respect to any programs, grants, projects, and 
activities for which funds are made available by this title.

               TITLE II--SURFACE TRANSPORTATION EXTENSION

                              SHORT TITLE

    Sec. 2001. This title may be cited as the ``Surface 
Transportation Extension Act of 2009''.

                          FEDERAL-AID HIGHWAYS

    Sec. 2002. (a) In General.--
          (1) Applicability of provisions.--Except as provided 
        in this title, requirements, authorities, conditions, 
        eligibilities, limitations, and other provisions 
        authorized under titles I, V, and VI of SAFETEA-LU (119 
        Stat. 1144), the SAFETEA-LU Technical Corrections Act 
        of 2008 (122 Stat. 1572), titles I and VI of the 
        Intermodal Surface Transportation Efficiency Act of 
        1991 (105 Stat. 1914), titles I and V of the 
        Transportation Equity Act for the 21st Century (112 
        Stat. 107), and title 23, United States Code (excluding 
        chapter 4 of that title), which would otherwise expire 
        on or cease to apply after September 30, 2009, or the 
        date specified in section 106(3) of the Continuing 
        Appropriations Resolution, 2010 (Public Law 111-68), 
        are incorporated by reference and shall continue in 
        effect through September 30, 2010.
          (2) Authorization of appropriations.--Except as 
        provided in subsection (b), there are authorized to be 
        appropriated out of the Highway Trust Fund (other than 
        the Mass Transit Account) for fiscal year 2010 an 
        amount equal to the sum of the amounts authorized to be 
        appropriated out of the Highway Trust Fund (other than 
        the Mass Transit Account) for programs, projects, and 
        activities for fiscal year 2009 under titles I, V, and 
        VI of SAFETEA-LU (119 Stat. 1144) and title 23, United 
        States Code (excluding administrative expenses under 
        section 104(a) and programs, projects, and activities 
        under chapter 4 of that title), minus $1,394,358,419.
          (3) Use of funds.--
                  (A) Fiscal year 2010.--Except as otherwise 
                expressly provided in this title, funds 
                authorized to be appropriated under paragraph 
                (2) for fiscal year 2010 shall be distributed, 
                administered, limited, and made available for 
                obligation in the same manner as the total 
                amount of funds authorized to be appropriated 
                out of the Highway Trust Fund (other than the 
                Mass Transit Account) for fiscal year 2009 to 
                carry out programs, projects, activities, 
                eligibilities, and requirements under SAFETEA-
                LU (119 Stat. 1144), the SAFETEA-LU Technical 
                Corrections Act of 2008 (122 Stat. 1572), 
                titles I and VI of the Intermodal Surface 
                Transportation Efficiency Act of 1991 (105 
                Stat. 1914), titles I and V of the 
                Transportation Equity Act for the 21st Century 
                (112 Stat. 107), and title 23, United States 
                Code (excluding chapter 4 of that title).
                  (B) Calculation.--The amounts authorized to 
                be appropriated under paragraph (2) shall be 
                calculated without regard to any rescission or 
                cancellation of funds or contract authority for 
                fiscal year 2009 under SAFETEA-LU (119 Stat. 
                1144) or any other law.
                  (C) Distribution between programs.--Funds 
                authorized to be appropriated under paragraph 
                (2) shall be distributed under subparagraph (A) 
                among programs, projects, and activities 
                referenced in such subparagraph in the ratio 
                that--
                          (i) the amount authorized to be 
                        appropriated out of the Highway Trust 
                        Fund (other than the Mass Transit 
                        Account) for such program, project, or 
                        activity for fiscal year 2009; bear to
                          (ii) the amount authorized to be 
                        appropriated out of the Highway Trust 
                        Fund (other than the Mass Transit 
                        Account) for all such programs, 
                        projects, and activities for fiscal 
                        year 2009.
                  (D) Contract authority.--
    (i) In general.--Except as provided in clause (ii), funds 
authorized to be appropriated under this subsection shall be 
available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States 
Code, and subject to a limitation on obligations for Federal-
aid highways and highway safety construction programs included 
in an Act making appropriations for fiscal year 2010.
                          (ii) Exceptions.--
                                  (I) In general.--A limitation 
                                on obligations described in 
                                clause (i) shall not apply to 
                                any obligation under--
                                          (aa) section 125 of 
                                        title 23, United States 
                                        Code; or
                                          (bb) section 105 of 
                                        title 23, United States 
                                        Code, but only in an 
                                        amount equal to 
                                        $639,000,000.
                                  (II) Special rules.--Except 
                                as otherwise expressly provided 
                                by this title, any special rule 
                                that applied in fiscal year 
                                2009 to any program, project, 
                                or activity for which funds are 
                                authorized to be appropriated 
                                under paragraph (2) shall 
                                continue to apply through 
                                September 30, 2010.
          (4) Extension and flexibility for certain allocated 
        programs.--
                  (A) Fiscal year 2010.--
                          (i) In general.--Notwithstanding any 
                        other provision of law, for fiscal year 
                        2010, the portion of the share of funds 
                        of a State under paragraph (2) 
                        determined by the amount that the State 
                        received or was authorized to receive 
                        for fiscal year 2009 to carry out 
                        sections 1307, 1702, and 1934 of 
                        SAFETEA-LU (119 Stat. 1217, 1256, and 
                        1485) and section 144(f)(1) of title 
                        23, United States Code, shall be--
                                  (I) made available to the 
                                State for programs specified in 
                                section 105(a)(2) of title 23, 
                                United States Code (except the 
                                high priority projects 
                                program), and in the same 
                                proportion for each such 
                                program that--
                                          (aa) the amount 
                                        apportioned to the 
                                        State for that program 
                                        for fiscal year 2009; 
                                        bears to
                                          (bb) the amount 
                                        apportioned to the 
                                        State for fiscal year 
                                        2009 for all such 
                                        programs; and
                                  (II) administered in the same 
                                manner and with the same period 
                                of availability as such funding 
                                as administered under programs 
                                identified in clause (i), 
                                except that no funds may be 
                                used to carry out the project 
                                described in section 1307(d)(1) 
                                of SAFETEA-LU (119 Stat. 1217; 
                                122 Stat. 1577).
                          (ii) Territories and puerto rico.--
                                  (I) In general.--
                                Notwithstanding any other 
                                provision of law, the portion 
                                of the share of funds of a 
                                territory or Puerto Rico under 
                                paragraph (2) determined by the 
                                amount that the territory or 
                                Puerto Rico received or was 
                                authorized to receive for 
                                fiscal year 2009 to carry out 
                                section 1934 of SAFETEA-LU (119 
                                Stat. 1485), shall be--
                                          (aa) for a territory, 
                                        made available and 
                                        administered in the 
                                        same manner as funding 
                                        is made available and 
                                        administered under 
                                        section 215 of title 23 
                                        United States Code; and
                                          (bb) for Puerto Rico, 
                                        made available and 
                                        administered in the 
                                        same manner as funding 
                                        is made available and 
                                        administered under 
                                        section 165 of title 
                                        23, United States Code.
                                  (II) Territory defined.--In 
                                this clause, the term 
                                ``territory'' means any of the 
                                following territories of the 
                                United States: American Samoa, 
                                the Commonwealth of the 
                                Northern Mariana Islands, Guam, 
                                or the United States Virgin 
                                Islands.
                  (B) Additional funds.--
                          (i) In general.--No additional funds 
                        shall be provided for any project or 
                        activity under paragraph (3)(A) that 
                        the Secretary of Transportation 
                        determines was sufficiently funded 
                        before or during fiscal year 2009 to 
                        achieve the authorized purpose of the 
                        project or activity.
                          (ii) Reservation and redistribution 
                        among states.--
                                  (I) In general.--Funds made 
                                available in accordance with 
                                paragraph (3)(A) for a project 
                                or activity described in clause 
                                (i) shall be--
                                          (aa) reserved by the 
                                        Secretary of 
                                        Transportation; and
                                          (bb) apportioned 
                                        among all States such 
                                        that each State's share 
                                        of funds so apportioned 
                                        is equal to the State's 
                                        share for fiscal year 
                                        2009 of funds 
                                        apportioned or 
                                        allocated for the 
                                        programs specified in 
                                        subclause (II).
                                  (II) Specific programs.--The 
                                programs referred to in 
                                subclause (I) are--
                                          (aa) the programs 
                                        listed in section 
                                        105(a)(2) of title 23, 
                                        United States Code;
                                          (bb) the program 
                                        authorized by section 
                                        144(f)(1) of such 
                                        title; and
                                          (cc) the program 
                                        authorized by section 
                                        1934 of SAFETEA-LU (119 
                                        Stat. 1485).
                          (iii) Distribution among programs.--
                        Funds apportioned to a State pursuant 
                        to clause (ii) shall be--
                                  (I) made available to the 
                                State for programs specified in 
                                section 105(a)(2) of title 23, 
                                United States Code (except the 
                                high priority projects 
                                program), and in the same 
                                proportion for each such 
                                program that--
                                          (aa) the amount 
                                        apportioned to the 
                                        State for that program 
                                        for fiscal year 2009; 
                                        bears to
                                          (bb) the amount 
                                        apportioned to the 
                                        State for fiscal year 
                                        2009 for all such 
                                        programs; and
                                  (II) administered in the same 
                                manner and with the same period 
                                of availability as such, 
                                funding is administered under 
                                programs identified in 
                                subclause (I).
                  (C) Competitive distribution of certain 
                discretionary funds.--
                          (i) Projects of national and regional 
                        significance.--Notwithstanding section 
                        1301(m) of SAFETEA-LU (119 Stat. 1202), 
                        the Secretary shall allocate funds 
                        authorized to be appropriated under 
                        paragraph (2) for the projects of 
                        national and regional significance 
                        program on the basis of a competitive 
                        selection process in accordance with 
                        sections 1301(d), 1301(e), and 1301(f) 
                        of that Act (119 Stat. 1199).
                          (ii) National corridor infrastructure 
                        improvement program.--Notwithstanding 
                        section 1302(e) of SAFETEA-LU (119 
                        Stat. 1205), the Secretary shall 
                        allocate finds authorized to be 
                        appropriated under paragraph (2) for 
                        the national corridor infrastructure 
                        improvement program on the basis of a 
                        competitive selection process in 
                        accordance with section 1302(b) of that 
                        Act (119 Stat. 1204).
          (5) Extension of authorization under title v of 
        safetea-lu.--
                  (A) In general.--The programs authorized 
                under paragraphs (1) through (5) of section 
                5101(a) of SAFETEA-LU (119 Stat. 1779) shall be 
                continued for fiscal year 2010 at the funding 
                levels authorized for those programs for fiscal 
                year 2009.
                  (B) Distribittion of funds.--Funds for 
                programs continued under subparagraph (A) shall 
                be distributed to major program areas under 
                those programs in the same proportions as funds 
                were allocated for those program areas for 
                fiscal year 2009, except that designations for 
                specific activities shall not be required to be 
                continued for fiscal year 2010.
                  (C) Additional funds.--
                          (i) In general.--No additional funds 
                        shall be provided for any project or 
                        activity under this paragraph that the 
                        Secretary of Transportation determines 
                        was sufficiently funded before or 
                        during fiscal year 2009 to achieve the 
                        authorized purpose of the project or 
                        activity.
                          (ii) Distribution.--Funds that would 
                        have been made available under 
                        subparagraph (A) for a project or 
                        activity but for the prohibition under 
                        clause (i) shall be distributed in 
                        accordance with subparagraph (B).
    (b) Administration Expenses.--
          (1) Authorization of contract authority.--
        Notwithstanding other provision of this title or any 
        other law, there is authorized to be appropriated from 
        the Highway Trust Fund (other than the Mass Transit 
        Account), $420,562,000 for administrative expenses of 
        the Federal-aid highway program for fiscal year 2010.
          (2) Contract authority.--Funds authorized to be 
        appropriated by this subsection shall be--
                  (A) available for obligation, and shall be 
                administered, in the same manner as if such 
                funds were apportioned under chapter 1 of title 
                23, United States Code, except that such funds 
                shall remain available until expended; and
                  (B) subject to a limitation on obligations 
                for Federal-aid highways and highway safety 
                construction programs included in an Act making 
                appropriations for fiscal year 2010.
    (c) Reconciliation of Funds.--The Secretary shall reduce 
the amount apportioned or allocated for a program, project, or 
activity continued under this section by any amount apportioned 
or allocated for such program, project, or activity pursuant to 
the Continuing Appropriations Resolution, 2010 (Public Law 111-
68).
    (d) References.--Except as otherwise expressly provided, 
any reference in this section to an Act, or a provision 
contained in an Act, shall be considered to include the 
amendments made by that Act or provision.

EXTENSION OF HIGHWAY SAFETY PROGRAMS OF NATIONAL HIGHWAY TRAFFIC SAFETY 
                             ADMINISTRATION

    Sec. 2003. (a) Chapter 4 Highway Safety Programs.--Section 
2001(a)(1) of SAFETEA-LU (119 Stat. 1519) is amended--
          (1) by striking ``and''; and
          (2) by inserting after ``2009'' the following: ``, 
        and $235,000,000 for fiscal year 2010''.
    (b) Highway Safety Research and Development.--Section 
2001(a)(2) of such Act (119 Stat. 1519) is amended--
          (1) by striking ``and''; and
          (2) by inserting after ``2009'' the following: ``, 
        and $105,500,000 for fiscal year 2010''.
    (c) Occupant Protection Incentive Grants.--
          (1) Extension of program.--Section 405 of title 23, 
        United States Code, is amended--
                  (A) in subsection (a)(3) by striking ``6'' 
                and inserting ``7''; and
                  (B) in subsection (a)(4)(C) by striking ``in 
                each of the fifth and sixth fiscal years 
                beginning after September 30, 2003,'' and 
                inserting ``in each subsequent fiscal year''.
          (2) Authorization of appropriations.--Section 
        2001(a)(3) of such Act (119 Stat. 1519) is amended--
                  (A) by striking ``and''; and
                  (B) by inserting after ``2009'' the 
                following: ``, and $25,000,000 for fiscal year 
                2010''.
      (d) Safety Belt Performance Grants.--
          (1) Extension of program.--Section 406(c)(1) of title 
        23, United States Code, is amended by striking ``2009'' 
        and inserting ``2010''.
          (2) Authorization of appropriations.--Section 
        2001(a)(4) of such Act (119 Stat. 1519) is amended--
                  (A) by striking ``and''; and
                  (B) by inserting after ``2009'' the 
                following: ``, and $124,500,000 for fiscal year 
                2010''.
    (e) State Traffic Safety Information System Improvements.--
Section 2001(a)(5) of such Act (119 Stat. 1519) is amended--
          (1) by striking ``and''; and
          (2) by inserting after ``2009'' the following: ``, 
        and $34,500,000 for fiscal year 2010''.
    (f) Alcohol-Impaired Driving Countermeasures Incentive 
Grant Program.--
          (1) Extension of program.--Section 410 of title 23, 
        United States Code, is amended--
                  (A) in subsection (a)(3)(C) by striking ``in 
                each of the fifth, sixth, seventh, and eighth 
                fiscal years'' and inserting ``in each 
                subsequent fiscal year''; and
                  (B) in subsection (b)(2)(C) by striking ``and 
                2009'' and inserting ``, 2009, and 2010''.
          (2) Authorization of appropriations.--Section 
        2001(a)(6) of such Act (119 Stat. 1519) is amended--
                  (A) by striking ``and''; and
                  (B) by inserting after ``2009'' the 
                following: ``, and $139,000,000 for fiscal year 
                2010''.
    (g) National Driver Register.--Section 2001(a)(7) of such 
Act (119 Stat. 1520) is amended--
          (1) by striking ``and''; and
          (2) by inserting after ``2009'' the following: ``, 
        and $4,000,000 for fiscal year 2010''.
    (h) High Visibility Enforcement Program.--
          (1) Extension of program.--Section 2009(a) of such 
        Act (23 U.S.C. 402 note; 119 Stat. 1535) is amended by 
        striking ``2009'' and inserting ``2010''.
          (2) Authorization of appropriations.--Section 
        2001(a)(8) of such Act (119 Stat. 1520) is amended--
                  (A) by striking ``and''; and
                  (B) by inserting after ``2009'' the second 
                place it appears the following: ``, and 
                $29,000,000 for fiscal year 2010''.
    (i) Motorcyclist safety.--
          (1) Extension of program.--Section 2010(d)(1)(B) of 
        such Act (23 U.S.C. 402 note; 119 Stat. 1536) is 
        amended by striking ``and fourth'' and inserting 
        ``fourth, and fifth''.
          (2) Authorization of appropriations.--Section 
        2001(a)(9) of such Act (119 Stat. 1520) is amended--
                  (A) by striking ``and''; and
                  (B) by inserting after ``2009'' the 
                following: ``, and $7,000,000 far fiscal year 
                2010''.
    (j) Child Safety and Child Booster Seat Safety Incentive 
Grants.--
          (1) Extension of program.--Section 2011(c)(2) of such 
        Act (23 U.S.C. 405 note; 119 Stat. 1538) is amended by 
        striking ``fourth fiscal year'' and inserting ``fourth 
        and fifth fiscal years''.
          (2) Authorization of appropriations.--Section 
        2001(a)(10) of such Act (119 Stat. 1520) is amended--
                  (A) by striking ``and''; and
                  (B) by inserting after ``2009'' the 
                following: ``, and $7,000,000 for fiscal year 
                2010''.
    (k) Administrative Expenses.--Section 2001(a)(11) of such 
Act (119 Stat. 1520) is amended--
          (1) by striking ``and'' the last place it appears; 
        and
          (2) by inserting after ``2009'' the following: ``, 
        and $18,500,000 for fiscal year 2010''.
    (l) Applicability of Title 23.--Section 2001(c) of such Act 
(119 Stat. 1520) is amended by striking ``2009'' and inserting 
``2010''.
    (m) Drug-Impaired Driving Enforcement.--Section 2013(f) of 
such Act (23 U.S.C. 403 note; 119 Stat. 1540) is amended by 
striking ``2009'' and inserting ``2010''.
    (n) Older Driver Safety; Law Enforcement Training.--Section 
2017 of such Act (23 (U.S.C. 402 note; 119 Stat. 1541) is 
amended--
          (1) in subsection (a)(1) by striking ``2009'' and 
        inserting ``2010''; and
          (2) in subsection (b)(2) by striking ``2009'' and 
        inserting ``2010''.

   EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAMS

    Sec. 2004. (a) Motor Carrier Safety Grants.--Section 
31104(a) of title 49, United States Code, is amended--
          (1) by striking ``and'' at the end of paragraph (4);
          (2) by striking the period at the end of paragraph 
        (5) and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(6) $212,070,000 for fiscal year 2010.''.
    (b) Administrative Expenses.--Section 31104(i)(1) of title 
49, United States Code is amended--
          (1) by striking ``and'' at the end of subparagraph 
        (D);
          (2) by striking the period at the end of subparagraph 
        (E) and inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(F) $239,828,000 for fiscal year 2010.''.
    (c) High Priority Activities.--Section 31104(k)(2) of title 
49, United States Code, is amended by striking ``2009'' and 
inserting ``2010''.
    (d) Grant Programs.--Section 4101(c) of SAFETEA-LU (119 
Stat. 1715) is amended--
          (1) in paragraph (1) by striking ``2009'' and 
        inserting ``2010'';
          (2) in paragraph (2) by striking ``and 2009'' and 
        inserting ``2009, and 2010'';
          (3) in paragraph (3) by striking ``and 2009'' and 
        inserting ``2009, and 2010'';
          (4) in paragraph (4) by striking ``2009'' and 
        inserting ``2010''; and
          (5) in paragraph (5) by striking ``2009'' and 
        inserting ``2010''.
    (e) Commercial Driver's License Information System 
Modernization.--Section 4123(d) of SAFETEA-LU (119 Stat. 1736) 
is amended--
          (1) by striking ``and'' at the end of paragraph (3);
          (2) by striking the period at the end of paragraph 
        (4) and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(5) $8,000,000 for fiscal year 2010.''.
    (f) Outreach and Education.--Section 4127(e) of such Act 
(119 Stat. 1741) is amended by striking ``and 2009'' and 
inserting ``2009, and 2010''.
    (g) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of such Act (119 Stat. 1744) is amended by 
striking ``2009'' and inserting ``2010''.
    (h) Working Group for Development of Practices and 
Procedures to Enhance Federal-State Relations.--Section 4213(d) 
of such Act (119 Stat. 1759) is amended by striking ``2009'' 
and inserting ``2010''.
    (i) Office of Intermodalism.--Section 5503(i) of title 49, 
United States Code, is amended by striking ``2009'' and 
inserting ``2010''.

            EXTENSION OF FEDERAL TRANSIT ASSISTANCE PROGRAMS

    Sec. 2005. (a) Extension of Transit Assistance Programs.--
Except as otherwise provided in this title, requirements, 
authorities, conditions, eligibilities, limitations, and other 
provisions authorized under title III of SAFETEA-LU (119 Stat. 
1544), the SAFETEA-LU Technical Corrections Act of 2008 (122 
Stat. 1572), title III of the Intermodal Surface Transportation 
Efficiency Act of 1991 (105 Stat. 2087), title III of the 
Transportation Equity Act for the 21st Century (112 Stat. 338), 
and chapter 53 of title 49, United States Code, which would 
otherwise expire on or cease to apply after September 30, 2009, 
or the date specified in section 106(3) of the Continuing 
Appropriations Resolution, 2010 (Public Law 111-68), are 
incorporated by reference and shall continue in effect through 
September 30, 2010.
    (b) Authorizations.--For fiscal year 2010--
          (1) their shall be available from the Mass Transit 
        Account of the Highway Trust Fund $8,343,171,000 for 
        each Federal transit assistance program under section 
        5338(b) of title 49, United States Code, to be 
        allocated among such programs in proportion to the 
        amounts provided for each such program in fiscal year 
        2009; and
          (2) there is authorized to be appropriated 
        $2,164,581,000 for each Federal transit program under 
        subsections (c) and (d) of section 5338 of title 49, 
        United States Code, and for administrative expenses 
        under subsection (e) of such section.
    (c) Exceptions.--
          (1) Projects for bus and bus-related facilities and 
        clean fuels grant program.--The project designations 
        contained in section 3044 of SAFETEA-LU ( 119 Stat. 
        1652) shall not apply to funds made available under 
        subsection (b)(1).
          (2) Allocations for national research and technology 
        programs.--A program, project, or activity identified 
        in section 3046 of SAFETEA-LU (119 Stat 1706) that the 
        Secretary of Transportation determines was sufficiently 
        funded before or during fiscal year 2009 to achieve the 
        authorized purpose of the program, project, or activity 
        shalt not be eligible for funds authorized to be 
        appropriated under subsection (b)(2).
    (d) Contract Authority.--A grant or contract approved by 
the Secretary and financed with amounts made available from the 
Mass Transit Account of the Highway Trust Fund through 
September 30, 2010, to carry out sections 5305, 5307, 5308, 
5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339 and 5340 of 
title 49, United States Code, and section 3038 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 5310 
note; 112 Stat. 392) is a contractual obligation of the 
Government to pay the Federal share of the cost of the project.
    (e) Reconciliation of Funds.--The Secretary shall reduce 
the amount apportioned or allocated for a program, project, or 
activity continued under this section by any amount apportioned 
or allocated for such program, project, or activity pursuant to 
the Continuing Appropriation Resolution, 2010 (Public Law 111-
68).
    (f) References.--Except as otherwise expressly provided, 
any reference in this section to an Act, or a provision 
contained in an Act, shall be considered to include the 
amendments made by that Act or provision.

                        BOATING SAFETY EXTENSION

    Sec. 2006. Section 4 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777c) is amended--
          (1) in subsection (a) by striking ``2009, and the 
        period from October 1, 2009, through the date specified 
        in section 106(3) of the first Continuing 
        Appropriations Resolution for Fiscal Year 2010 enacted 
        into law,'' and inserting ``2010,''; and
          (2) in subsection (b)(1)(A) by striking ``2009 and 
        the period from October 1, 2009, through the date 
        specified in section 106(3) of the first Continuing 
        Appropriations Resolution for Fiscal Year 2010 enacted 
        into law,'' and inserting ``2010,''.

                    LEVEL OF OBLIGATION LIMITATIONS

    Sec. 2007. (a) Highway Category.--Section 8003(a) of 
SAFETEA-LU (119 Stat. 1917) is amended--
          (1) by striking ``and'' at the end of paragraph (4);
          (2) by striking the period at the end of paragraph 
        (5) and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(6) for fiscal year 2010, $42,469,970,178.''.
    (b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU 
(119 Stat. 1917) is amended--
          (1) by striking ``and'' at the end of paragraph (4);
          (2) by striking the period at the end of paragraph 
        (5) and inserting ``; and''; and
          (3) by inserting after paragraph (5) the following:
          ``(6) for fiscal year 2010, $10,338,065,000.''.

                      HAZARDOUS MATERIALS RESEARCH

    Sec. 2008. Section 7131(e) of SAFETEA-LU (119 Stat. 1910) 
is amended by striking ``2009'' and inserting ``2010''.

   EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY FROM TRUST FUNDS

    Sec. 2009. (a) Highway Trust Fund.--
          (1) Highway account.--Paragraph (1) of section 
        9503(c) of the Internal Revenue Code of 1986 is 
        amended--
                  (A) by striking ``September 30, 2009 (October 
                1, 2009'' and inserting ``September 30, 2010 
                (October 1, 2010'', and
                  (B) by striking ``under'' and all that 
                follows and inserting ``under the Surface 
                Transportation Extension Act of 2009 or any 
                other provision of law which was referred to in 
                this paragraph before the date of the enactment 
                of such Act (as such Act and provisions of law 
                are in effect on the date of the enactment of 
                such Act).''.
          (2) Mass transit account.--Paragraph (3) of section 
        9503(e) of such Code is amended--
                  (A) by striking ``October 1, 2009'' and 
                inserting ``October 1, 2010'', and
                  (B) by striking ``in accordance with'' and 
                all that follows and inserting ``in accordance 
                with the Surface Transportation Extension Act 
                of 2009 or any other provision of law which was 
                referred to in this paragraph before the date 
                of the enactment of such Act (as such Act and 
                provisions of law are in effect on the date of 
                the enactment of such Act).''.
          (3) Exception to limitation on transfers.--
        Subparagraph (B) of section 9503(b)(6) of such Code is 
        amended by striking ``September 30, 2009 (October 1, 
        2009'' and inserting ``September 30, 2010 (October 1, 
        2010''.
    (b) Sport Fish Restoration and Boating Trust Fund.--
          (1) In general.--Paragraph (2) of section 9504(b) of 
        such Code is amended--
                  (A) by striking ``(as in effect'' in 
                subparagraph. (A) and all that follows in such 
                subparagraph and inserting ``(as in effect on 
                the date of the enactment of the Surface 
                Transportation Extension Act of 2009),'',
                  (B) by striking ``(as in effect'' in 
                subparagraph (B) and all that follows in such 
                subparagraph and inserting ``(as in effect on 
                the date of the enactment of the Surface 
                Transportation Extension Act of 2009), and'', 
                and
                  (C) by striking ``(as in effect'' in 
                subparagraph (C) and all that follows in such 
                subparagraph and inserting ``(as in effect on 
                the date of the enactment of the Surface 
                Transportation Extension Act of 2009).''.
          (2) Exception to limitation on transfers.--Paragraph 
        (2) of section 9504(d) of such Code is amended by 
        striking ``October 1, 2009'' and inserting ``October 1, 
        2010''.
    (c) Effective Date.--The amendments made by this section 
shall take effect on September 30, 2009.

              DETERMINATION OF HIGHWAY TRUST FUND BALANCES

    Sec. 2010. (a) Restoration of Certain Foregone Interest to 
Highway Trust Fund.--Subsection (f) of section 9503 of the 
Internal Revenue Code of 1986 (relating to determination of 
trust fund balances after September 30, 1998) is amended--
          (1) by striking paragraph (2); and
          (2) by adding at the end the following new paragraph:
          ``(2) Restoration of foregone interest.--Out of money 
        in the Treasury not otherwise appropriated, there is 
        hereby appropriated (without fiscal year limitation)--
                  ``(A) $14,700,000,000 to the Highway Account 
                (as defined in subsection (e)(5)(B)) of the 
                Highway Trust Fund, and
                  ``(B) $4,800,000,000 to the Mass Transit 
                Account of the Highway Trust Fund.''.
    (b) Repeal of Provision Prohibiting Crediting of Interest 
to Highway Trust Fund.--
          (1) In general.--Paragraph (1) of section 9503(f) of 
        such Code is amended by striking subparagraph (B).
          (2) Conforming amendments.--Such paragraph, as 
        amended by paragraph (1), is further amended--
                  (A) by striking ``, and'' at the end of 
                subparagraph (A) and inserting a period, and
                  (B) by striking ``1998'' in the matter 
                preceding subparagraph (A) and all that follows 
                through ``the opening balance'' and inserting 
                ``1998, the opening balance''.
    (c) Effective Date.--The amendments made by this section 
shall take effect on the date of the enactment of this Act.

 REPEAL OF TRANSFERS FROM HIGHWAY TRUST FUND FOR REPAYMENTS AND CREDITS

    Sec. 2011. (a) In General.--Subsection (c) of section 9503 
of the Internal Revenue Code of 1986 is amended by striking 
paragraph (2) and by redesignating paragraphs (3), (4), (5), 
and (6) as paragraphs (2), (3), (4), and (5).
    (b) Conforming Amendments.--
          (1) Section 9502(a) of such Code is amended by 
        striking ``section 9503(c)(7)'' and inserting ``section 
        9503(c)(5)''.
          (2) Section 9503(b)(4)(D) of such Code is amended by 
        striking ``paragraph (4)(D) or (5)(B)'' and inserting 
        ``paragraph, (3)(D) or (4)(B)''.
          (3) Section 9503(c)(2) of such Code, as redesignated 
        by subsection (a), is amended by adding at the end the 
        following sentence: ``The amounts payable from the 
        Highway Trust Fund under the preceding sentence shall 
        be determined by taking into account only the portion 
        of the taxes which are deposited into the Highway Trust 
        Fund.''.
          (4) Section 9503(e)(5)(A) of such Code is amended by 
        striking ``paragraphs (2), (3), and (4)'' and inserting 
        ``paragraphs (2) and (3)''.
          (5) Section 9504(a) of such Code is amended by 
        striking ``section 9503(c)(4), section 9503(c)(5)'' and 
        inserting ``section 9503(c)(3), section 9503(c)(4)''.
          (6) Section 9504(b)(2) of such Code is amended by 
        striking ``section 9503(c)(5)'' and inserting ``section 
        9503(c)(4)''.
          (7) Section 9504(e) of such Code is amended by 
        striking ``section 9503(c)(4)'' and inserting ``section 
        9503(c)(3)''.
    (c) Effective Date.--The amendments made by this section 
shall apply to amounts paid, and credits allowed with respect 
to fuel used, in calendar quarters beginning after the date of 
the enactment of this Act.

                             FEDERAL SHARE

    Sec. 2012. (a) In General.--Notwithstanding any other 
provision of law, the Federal share of the cost of a covered 
project or activity (or portion of a covered project or 
activity) funded with amounts obligated during the period 
beginning on the date of enactment of this Act and ending on 
September 30, 2010, shall be, at the option of the recipient, 
up to 100 percent.
    (b) Covered Project or Activity Defined.--
          (1) In general.--In this section, the term ``covered 
        project or activity'' means a project or activity 
        eligible for assistance under titles I through VI of 
        SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical 
        Corrections Act of 2008 (122 Stat. 1572), titles 1 
        through VI of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (105 Stat. 1914), titles I 
        through V of the Transportation Equity Act for the 21st 
        Century (112 Stat. 107), title 23, United States Code, 
        chapter 53 of title 49, United States Code, chapter 303 
        of title 49, United States Code, or part B of subtitle 
        VI of title 49, United States Code.
          (2) Exclusions.--Notwithstanding paragraph (1), the 
        term does not include a project or activity funded 
        pursuant to--
                  (A) section 1301 Or 1302 of SAFETEA-LU (119 
                Stat. 1198, 1204);
                  (B) section 5309(d) or 5309(e) of title 49, 
                United States Code;
                  (C) the national infrastructure investments 
                program in the Office of the Secretary of 
                Transportation; or
                  (D) section 122 of the Department of 
                Transportation Appropriations Act, 2010.
    (c) References.--Any reference in this section to an Act, 
or a provision contained in an Act, shall be considered include 
the amendments made by that Act or provision.

BUY AMERICA REQUIREMENTS FOR HIGHWAY AND PUBLIC TRANSPORTATION PROJECTS

    Sec. 2013. (a) Highways.--Section 313 of title 23, United 
States Code, is amended--
          (1) by redesignating subsections (c) through (f) as 
        subsections (e) through (h), respectively;
          (2) by inserting after subsection (b) the following:
    ``(c) Requirements for Issuance of Waivers.--
          ``(1) Public interest waivers.--The Secretary may 
        issue a waiver under subsection (b)(1) only after the 
        Secretary has considered the potential impacts of the 
        waiver on domestic manufacturing employment.
          ``(2) Insufficient domestic source waivers.--The 
        Secretary may issue a waiver under subsection (b)(2) 
        with respect to a material or product only if the 
        Secretary publishes notice of the waiver on the 
        Internet for a period of at least 5 business days prior 
        to issuance of the waiver and a sufficient domestic 
        source of the material or product does not identify 
        itself during the period.
    ``(d) Transparency of Waivers.--
          ``(1) In general.--When the Secretary receives a 
        written request for a waiver under this section, the 
        Secretary shall--
                  ``(A) publish the request on the Internet 
                within 5 business days of the date of receipt 
                of the request; and
                  ``(B) if the Secretary decides to issue a 
                waiver based on the request, publish on the 
                Internet, within 30 days following the date of 
                issuance of the waiver, a detailed written 
                justification as to why the waiver is 
                necessary, including an identification of the 
                amount of Federal funds associated with the 
                waiver.
          ``(2) Employment impact statement.--In issuing a 
        waiver based on a finding under subsection (b)(1), the 
        Secretary shall include, as part of the Secretary's 
        written justification for the waiver decision, a 
        statement detailing the short- and long-term impact of 
        the decision on domestic manufacturing employment.''; 
        and
          (3) by adding at the end the following:
    ``(i) Application to Bridge Projects.--In the case of a 
bridge project, the requirements of this section apply to all 
construction contracts carried out within the scope of the 
applicable decision under the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.) and carried out on the bridge 
from abutment to abutment (including the abutments) regardless 
of the funding source of the contracts if at least one contract 
for construction with respect to the bridge is funded with 
amounts made available under this title.''.
    (b) Public Transportation.--Section 5323(j) of title 49, 
United States Code, is amended--
          (1) in paragraph (2)(C) in the matter preceding 
        clause (i) by inserting ``, but excluding a rolling 
        stock prototype'' after ``equipment'';
          (2) by redesignating paragraphs (3) through (9) as 
        paragraphs (5) through (11), respectively; and
          (3) by inserting after paragraph (2) the following:
          ``(3) Requirements for issuance of waiver.--
                  ``(A) Public interest waivers.--The Secretary 
                may issue a waiver under paragraph (2)(A) only 
                after the Secretary has considered the 
                potential impacts of the waiver on domestic 
                manufacturing employment.
                  ``(B) Insufficient domestic source waivers.--
                The Secretary may issue a waiver under 
                paragraph (2)(B) with respect to a material or 
                product only if the Secretary publishes notice 
                of the waiver on the Internet for a period of 
                at least 5 business days prior to issuance of 
                the waiver and a sufficient domestic source of 
                the material or product does not identify 
                itself during the period.
          ``(4) Transparency of waivers.--
                  ``(A) In general.--When the Secretary 
                receives a written request for a waiver under 
                this subsection, the Secretary shall--
                          ``(i) publish the request on the 
                        Internet within 5 business days of the 
                        date of receipt of the request; and
                          ``(ii) if the Secretary decides to 
                        issue a waiver based on the request, 
                        publish on the Internet, within 30 days 
                        following the date of issuance of the 
                        waiver, a detailed written 
                        justification as to why the waiver is 
                        necessary, including an identification 
                        of the amount of Federal funds 
                        associated with the waiver.
                  ``(B) Employment impact statement.--In 
                issuing a waiver based on a finding under 
                paragraph (2)(A), the Secretary shall include, 
                as part of the Secretary's written 
                justification of the waiver decision, a 
                statement detailing the short- and long-term 
                impact of the decision on domestic 
                manufacturing employment.''.
    (c) Implementation.--
          (1) Final guidance.--Not later than 120 days after 
        the date of enactment of this Act, the Secretary shall 
        issue final guidance to carry out the amendments made 
        by this section.
          (2) Effective date.--The requirements of the 
        amendments made by subsections (a) and (b) shall begin 
        to apply only after issuance of final guidance by the 
        Secretary under paragraph (1).
    (d) Semiannual Report.--Not later than 6 months after the 
date of enactment of this Act, and semiannually thereafter 
through September 30, 2011, the Comptroller General shall 
submit to the Committee on Transportation and Infrastructure 
and the Committee on Education and Labor of the House of 
Representatives and the Committee on Environment and Public 
Works, the Committee on Banking, Housing, and Urban Affairs, 
and the Committee on Health, Education, Labor, and Pensions of 
the Senate a report on the number of waivers issued by the 
Secretary of Transportation under section 313(b) of title 23, 
United States Code, and section 5323(j)(2) of title 49, United 
States Code, the reasons relied upon for issuing the waivers, 
and the amount of Federal funds associated with each waiver and 
in total for the period examined.

           TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS

              CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT

                       DEPARTMENT OF AGRICULTURE

                    General Provision, This Chapter

  RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT OF 
           AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT

    Sec. 3101. (a) In General.--To the extent permitted by the 
Constitution, and notwithstanding any other period of 
limitations, in the case of an eligible complaint alleging 
discrimination in violation of the Equal Credit Opportunity Act 
(15 U.S.C. 1691) involving a credit program of the Department 
of Agriculture, a complainant may, before the end of the filing 
period--
          (1) file a civil action under subsection (c); or
          (2) request administrative review under subsection 
        (d).
    (b) Eligible Complaint.--For purposes of this section, the 
term ``eligible complaint'' means any written complaint--
          (1) that is not employment related;
          (2) that was filed with the Department of Agriculture 
        after December 31, 1997, and before the earlier of--
                  (A) 2 years after the date of the alleged 
                violation of the Equal Credit Opportunity Act; 
                and
                  (B) the date of the enactment of this Act; 
                and
          (3) with respect to which the complainant--
                  (A) was not a party to the consent decree in 
                the case entitled ``Pigford v. Glickman'', 
                approved by the United States District Court 
                for the District of Columbia on April 14, 1999; 
                and
                  (B) has not obtained relief from the 
                Department of Agriculture or a court of 
                competent jurisdiction.
    (c) Civil Action.--A civil action may be filed under this 
subsection if, with respect to the eligible complaint, the 
complainant--
          (1) has not requested administrative review; or
          (2) has requested administrative review, and the 
        Secretary, with respect to each request, has either--
                  (A) issued a determination; or
                  (B) failed to issue a determination by a date 
                that is 180 days after the date such request 
                was made.
    (d) Administrative Review.--Administrative review may be 
requested under this subsection as follows:
          (1) Determination on the merits.--A complainant may 
        request a determination on the merits if the 
        complainant, with respect to the eligible complaint, 
        has not filed a civil action.
          (2) Hearing on the record--A complainant may request 
        a hearing on the record if the complainant, with 
        respect to the eligible complaint--
                  (A) has not filed a civil action;
                  (B) has requested a determination on the 
                merits, and the Secretary has not issued such 
                determination by the issuance deadline in 
                subsection (f)(2)(A); and
                  (C) requests such hearing no later than 180 
                days after the issuance deadline in subsection 
                (f)(2)(A).
    (e) Informal Resolution.--Notwithstanding any other 
provision of this section, the Secretary may informally resolve 
an eligible complaint with a complainant.
    (f) Special Rules for Administrative Review.--For purposes 
of this section:
          (1) Requests for administrative review.--A request 
        for administrative review shall be--
                  (A) in writing; and
                  (B) filed in accordance with procedures 
                established by the Secretary.
          (2) Responsibility of secretary.--If a complainant 
        requests a determination, on the merits under 
        subsection (d)(1), then, unless a complainant, with 
        respect to the eligible complaint, files a civil action 
        or requests a hearing on the record, the Secretary 
        shall, with respect to the eligible complaint, take the 
        following actions:
                  (A) Issuance of determination.--The Secretary 
                shall, not later than an issuance deadline that 
                is 1 year after the date on which the 
                complainant requests a determination on the 
                merits--
                          (i) investigate the eligible 
                        complaint; and
                          (ii) issue a written determination.
                  (B) Notice of failure to issue timely 
                determination.--If the Secretary does not issue 
                a written determination by the issuance 
                deadline in subparagraph (A), the Secretary 
                shall promptly issue to the Complainant, in 
                writing and by registered mail, notice--
                          (i) that the Secretary has not issued 
                        a timely determination; and
                          (ii) of the period of time during 
                        which the complainant may bring a civil 
                        action or request a hearing on the 
                        record.
          (3) Finality of determination with respect to hearing 
        on the record.--A determination with respect to a 
        hearing on the record shall be final.
          (4) Judicial review of administrative 
        determination.--A determination on the merits or a 
        determination with respect to a hearing on the record 
        shall be subject to de novo review.
    (g) Filing Period.--
          (1) In general.--For purposes of this section, the 
        term ``filing period'' means the 2-year period 
        beginning on the date of enactment of this Act.
          (2) Tolling.--The running of the filing period in 
        paragraph (1), for the purpose of filing a civil action 
        under subsection (c) or requesting a hearing on the 
        record under subsection (d)(2), shall be tolled for the 
        period that, with respect to the eligible complaint--
                  (A) begins on the date of a request for a 
                determination on the merits; and
                  (B) ends on the date on which the Secretary 
                issues a determination with respect to a 
                determination on the merits or a hearing on the 
                record.
    (h) Relief.--
          (1) Amount.--Subject to paragraph (2), a complainant 
        shall, under subsection (a), and may, under subsection 
        (e), be awarded such relief as the complainant would be 
        afforded under the Equal Credit Opportunity Act, 
        including--
                  (A) actual damages;
                  (B) the costs of the action, together with a 
                reasonable attorney's fee; and
                  (C) debt relief; including--
                          (i) write-downs or write-offs of the 
                        principal on a loan;
                          (ii) write-downs or write-offs of the 
                        interest on a loan;
                          (iii) reduction of the interest rate 
                        on a loan;
                          (iv) waiver or reduction of penalties 
                        with respect to a loan; or
                          (v) other modification of the terms 
                        of a loan.
          (2) Limitations on relief.--
                  (A) In general.--The total amount awarded 
                under this section for all claims shall not 
                exceed $100,000,000.
                  (B) Actual damages, costs, and attorney's 
                fees.--The sum of the total amount awarded 
                under paragraph (1)(A) for all claims, plus the 
                total amount awarded under paragraph (1)(B) for 
                all claims, shall not exceed $40,000,000.
                  (C) Debt relief.--The total amount awarded 
                under paragraph (1)(C) for all claims shall not 
                exceed $60,000,000.
          (3) Exemption from taxation--Any award under clauses 
        (ii), (iii), or (iv) of subparagraph (C) of paragraph 
        (1) shall not be included in gross income for purposes 
        of chapter 1 of the Internal Revenue Code of 1986.
    (i) Funding.--
          (1) There is hereby appropriated to the Secretary, 
        for relief awarded under subsection (h)(1), 
        $100,000,000, to remain available until expended.
          (2) Of the funds derived from interest on the cushion 
        of credit payments including funds in the current 
        fiscal year, as authorized by section 313 of the Rural 
        Electrification Act of 1936, an additional $100,000,000 
        shall not be obligated and an additional $100,000,000 
        are rescinded.
    (j) Secretary.--For purposes of this section, the term 
``Secretary'' means the Secretary of Agriculture.

          CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                     Small Business Administration

                     BUSINESS LOANS PROGRAM ACCOUNT

    For an additional amount for ``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, $354,000,000: Provided, 
That such cost shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That 
authority to guarantee loans under section 502 of division A of 
the American Recovery and Reinvestment Act of 2009 shall remain 
in effect through September 30, 2010, notwithstanding 
subsection (f) of such section.

                    General Provision, This Chapter

                              RESCISSIONS

    Sec. 3201. The following funds are hereby rescinded from 
the following accounts and programs in the specified amounts:
          (1) ``National Telecommunications and Information 
        Administration--Digital-to-Analog Converter Box 
        Program'' in the Department of Commerce, $111,000,000.
          (2) ``Special Supplemental Nutrition Program for 
        Women, Infants, and Children (WIC)'' of the Department 
        of Agriculture, $243,000,000, to be derived from 
        unobligated balances available from amounts placed in 
        reserve in title I of division A of the American 
        Recovery and Reinvestment Act of 2009 (Public Law 111-
        5; 123 Stat. 115).

       CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION

                    General Provisions, This Chapter

       ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES

    Sec. 3301. (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 ``June 30, 2010'';
          (B) in the heading for subsection (b)(2), by striking 
        ``December 31, 2009'' and inserting ``June 30, 2010''; 
        and
          (C) in subsection (b)(3), by striking ``May 31, 
        2010'' and inserting ``November 30, 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 ``January 1, 
        2010'' and inserting ``July 1, 2010'';
          (B) in the heading for paragraph (2), by striking 
        ``January 1, 2010'' and inserting ``July 1, 2010''; and
          (C) in paragraph (3), by striking ``June 30, 2010'' 
        and inserting ``December 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 ``July 1, 2010''; and
          (B) in subsection (c), by striking ``June 1, 2010'' 
        and inserting ``December 1, 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 ``November 
30, 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 3301(a)(1) of 
        the Jobs for Main Street Act, 2010; and''.

   EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS

    Sec. 3302. (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 ``June 
30, 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 3302(b) of the Jobs for 
                                Main Street 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 a 
                        reduction of hours or 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 the Jobs for 
                        Main Street 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 the Jobs for 
                        Main Street 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) Clarifications relating to Section 3001 of ARRA.--
          (1) Clarification that eligibility and notice is 
        based on timing of qualifying event.--Subsection (a) of 
        such section is amended--
                (A) in paragraph (3)(A)--
                          (i) by striking ``at any time'' and 
                        inserting ``such qualified beneficiary 
                        is eligible for COBRA continuation 
                        coverage related to a qualifying event 
                        occurring''; and
                          (ii) by striking ``, such qualified 
                        beneficiary is eligible for COBRA 
                        continuation coverage''; and
                  (B) in paragraph (7)(A), by striking ``become 
                entitled to elect COBRA continuation coverage 
                and inserting ``have a qualifying event 
                relating to COBRA continuation coverage''.
          (2) Clarification regarding retiree coverage.--
        Subsection (a)(2)(A)(i) of such section is amended by 
        inserting ``coverage under a retiree health plan,'' 
        after ``other than''.
          (3) Clarification regarding cobra continuation 
        resulting from reductions in hours.--Subsection (a) of 
        such section is further amended--
                  (A) in paragraph (3)(C), by inserting before 
                the period at the end the following: ``or 
                consists of a reduction of hours followed by 
                such an involuntary termination of employment 
                during such period''; and
                  (B) by adding at the end the following:
          ``(17) Special rules in case of individuals losing 
        coverage because of a reduction of hours.--
                  ``(A) New election period.--
                                  ``(i) In general.--For the 
                                purposes of the COBRA 
                                continuation provisions, in the 
                                case of an individual described 
                                in subparagraph (C) who did not 
                                make (or who made and 
                                discontinued) an election of 
                                COBRA continuation coverage on 
                                the basis of the reduction of 
                                hours of employment, the 
                                involuntary termination of 
                                employment of such individual 
                                after the date of the enactment 
                                of the Jobs for Main Street 
                                Act, 2010, shall be treated as 
                                a qualifying event.
                                  ``(ii) Counting cobra 
                                duration period from previous 
                                qualifying event.--In any case 
                                of an individual referred to in 
                                clause (i), the period of such 
                                individual's continuation 
                                coverage shall be determined as 
                                though the qualifying event 
                                were the reduction of hours of 
                                employment.
                          ``(iii) Construction.--Nothing in 
                        this paragraph shall he construed as 
                        requiring an individual referred to in 
                        clause (i) to make a payment for COBRA 
                        continuation coverage between the 
                        reduction of hours and the involuntary 
                        termination of employment.
                          ``(iv) Preexisting conditions.--With 
                        respect to an individual referred to in 
                        clause (i) who elects COBRA 
                        continuation coverage pursuant to such 
                        clause, rules similar to the rules in 
                        paragraph (4)(C) shall apply.
                  ``(B) Notices.--In the case of an individual 
                described in subparagraph (C), the 
                administrator of the group health plan (or 
                other entity) involved shall provide, during 
                the 60-day period beginning on the date of such 
                individual's termination of employment, an 
                additional notification described in paragraph 
                (7)(A), including information on the provisions 
                of this paragraph. Rules similar to the rules 
                of paragraph (7) shall apply with respect to 
                such notification.
                  ``(C) Individuals described.--Individuals 
                described in this subparagraph are individuals 
                who are assistance eligible individuals on the 
                basis of a qualifying event consisting of a 
                reduction of hours occurring during the period 
                described in paragraph (3)(A) followed by an 
                involuntary termination of employment insofar 
                as such termination of employment occurred 
                after the date of the enactment of the Jobs for 
                Main Street Act, 2010.''.
          (4) Clarification of period of assistance.--
        Subsection (a)(2)(A)(ii)(I) of such section is amended 
        by striking ``of the first month''.
          (5) Enforcement.--Subsection (a)(5) of such section 
        is amended by adding at the end the following: ``In 
        addition to civil actions that may be brought to 
        enforce applicable provisions of such Act or other 
        laws, the appropriate Secretary or an affected 
        individual may bring a civil action to enforce such 
        determinations and for appropriate relief. In addition, 
        such Secretary may assess a penalty against a plan 
        sponsor or health insurance issuer of not more than 
        $110 per day for each failure to comply with such 
        determination of such Secretary after 10 days after the 
        date of the plan sponsor's or issuer's receipt of the 
        determination.''.
          (6) Amendments relating to section 3001 of arra.--
                  (A) Subsection (g) of section 35 of the 
                Internal Revenue Code of 1986 is amended by 
                striking ``section 3002(a) of the Health 
                Insurance Assistance for the Unemployed Act of 
                2009'' and inserting ``section 3001(a) of title 
                III of division B of the American Recovery and 
                Reinvestment Act of 2009''.
                  (B) Section 139C of such Code is amended by 
                striking ``section 3002 of the Health Insurance 
                Assistance for the Unemployed Act of 2009'' and 
                inserting ``section 3001 of title III of 
                division B of the American Recovery and 
                Reinvestment Act of 2009''.
                  (C) Section 6432 of such Code is amended--
                          (i) in subsection (a), by striking 
                        ``section 3002(a) of the Health 
                        Insurance Assistance for the Unemployed 
                        Act of 2009'' and inserting ``section 
                        3001(a) of title III of division B of 
                        the American Recovery and Reinvestment 
                        Act of' 2009'';
                          (ii) in subsection (c)(3), by 
                        striking ``section 3002(a)(1)(A) of 
                        such Act'' in subsection (c)(3) and 
                        inserting ``section 3001(a)(1)(A) of 
                        title III of division B of the American 
                        Recovery and Reinvestment Act of 
                        2009''; and
                          (iii) by redesignating subsections 
                        (e) and (f) as subsections (f) and (g), 
                        respectively, and inserting after 
                        subsection (d) the following new 
                        subsection:.
    ``(e) Employer Determination of Qualifying Event as 
Involuntary Termination.--For purposes of this section, in any 
case in which--
          ``(1) based on a reasonable interpretation of section 
        3001(a)(3)(C) of division B of the American Recovery 
        and Reinvestment Act of 2009 and administrative 
        guidance thereunder, an employer determines that the 
        qualifying event with respect to COBRA continuation 
        coverage for an individual was involuntary termination 
        of a covered employee's employment, and
          ``(2) the employer maintains supporting documentation 
        of the determination, including an attestation by the 
        employer of involuntary termination with respect to the 
        covered employee,
the qualifying event for the individual shall be deemed to be 
involuntary termination of the covered employee's 
employment.''.
                  (D) Subsection (a) of section 6720C of such 
                Code is amended by striking ``section 
                3002(a)(2)(C) of the Health Insurance 
                Assistance for the Unemployed Act of 2009'' and 
                inserting ``section 3001(a)(2)(C) of title III 
                of division B of the American Recovery and 
                Reinvestment Act of 2009''.
    (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, except that--
          (1) the amendments made by subsections (d)(2) and 
        (d)(3) shall apply to periods of coverage beginning 
        after the date of the enactment of this Act; and
          (2) the amendment made by subsection (d)(5) shall 
        take effect on the date of the enactment of this Act.

               EXTENSION OF RECOVERY ACT INCREASE IN FMAP

    Sec. 3303. Section 5001 of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5) is amended--
          (1) in subsection (a)(3), by striking ``first 
        calendar quarter'' and inserting ``first 3 calendar 
        quarters'';
          (2) in subsection (b)(2), by inserting before the 
        period at the end the following: ``and such paragraph 
        shall not apply to calendar quarters beginning on or 
        after October 1, 2010'';
          (3) in subsection (c)(4)(C)(ii), by striking 
        ``December 2009'' and ``January 2010'' and inserting 
        ``June 2010'' and ``July 2010'', respectively;
          (4) in subsection (d), by inserting ``ending before 
        October 1, 2010'' after ``entire fiscal years'' and 
        after ``with respect to fiscal years'';
          (5) in subsection (g)(1), by striking ``September 30, 
        2011'' and inserting ``March 31, 2012''; and
          (6) in subsection (h)(3), by striking ``December 31, 
        2010'' and inserting ``June 30, 2011''.

REPEAL OF EARNED INCOME THRESHOLD FOR DETERMINING REFUNDABLE PORTION OF 
                            CHILD TAX CREDIT

    Sec. 3304. (a) In General.--Clause (i) of section 
24(d)(1)(B) of the Internal Revenue Code of 1986 is amended to 
read as follows:
                          ``(i) 15 percent of the taxpayer's 
                        earned income (within the meaning of 
                        section 32) which is taken into account 
                        in computing taxable income, or''.
    (b) Conforming Amendments.--Subsection (d) of section 24 of 
such Code is amended--
          (1) by striking paragraph (3), and
          (2) by striking paragraph (4).
    (c) Effective Date.--The amendments made by this section 
shall apply to taxable years beginning after December 31, 2009.
    (d) Application of EGTRRA Sunset.--The amendments made by 
subsection (a) and (b)(1) shall be subject to title IX of the 
Economic Growth and Tax Relief Reconciliation Act of 2001 in 
the same manner as the provision of such Act to which such 
amendment relates.

                         HHS POVERTY GUIDELINES

    Sec. 3305. Notwithstanding section 673(2) of the Omnibus 
Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) or any 
other provision of law, the poverty line for 2010 issued by the 
Secretary of Health and Human Services under such section 
673(2) shall be not lower than the poverty line so issued on 
January 23, 2009 (74 Fed. Reg. 14). This section shall have no 
effect on such Secretary's revision of the poverty line for 
2011.

   REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND 
                      FEDERALLY ASSISTED PROGRAMS

    Sec. 3306. (a) In General.--Subchapter A of chapter 65 of 
the Internal Revenue Code of 1986 is amended by adding at the 
end the following new section:

``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL 
                    PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.

    ``(a) In General.--Notwithstanding any other provision of 
law, any refund (or advance payment with respect to a 
refundable credit) made to any individual under this title 
shall not be taken into account as income, and shall not be 
taken into account as resources for the month of receipt and 
the following 11 months, for purposes of determining the 
eligibility of such individual (or any other individual) for 
benefits or assistance (the amount or extent of benefits or 
assistance) under any Federal program or under any State or 
local program financed in whole or in part with Federal funds.
    ``(b) Termination.--Subsection (a) shall not apply to any 
amount received after December 31, 2010.''.
    (b) Clerical Amendment.--The table of sections for such 
subchapter is amended by adding at the end the following new 
item:

``Sec. 6109. Refunds disregarded in the administration of Federal 
          programs and Federally assisted programs.''.

    (c) Effective Date.--The amendment made by this section 
shall apply to amounts received after December 31, 2009.

 PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO TITLE XVI AND TO 
                 QUALIFIED NON-ATTORNEY REPRESENTATIVES

    Sec. 3307. (a) Permanent Extension of Attorney Fee 
Withholding Procedures to Title XVI.--
          (1) In general.--Section 302 of the Social Security 
        Protection Act of 2004 (Public Law 108-203; 118 Stat. 
        519) is amended--
                  (A) in the section heading, by striking 
                ``TEMPORARY''; and
                  (B) in subsection (c), by striking 
                ``Effective Date.--'' and all that follows 
                through ``The amendments'' and inserting 
                ``Effective Date.--The amendments'', and by 
                striking paragraph (2).
          (2) Clerical amendment.--The item relating to section 
        302 in the table of contents in section 1(b) of such 
        Act is amended by striking ``Temporary extension'' and 
        inserting ``Extension''.
    (b) Permanent Extension of Fee Withholding Procedures to 
Qualified Non-Attorney Representatives.--
          (1) In general.--Section 206 of the Social Security 
        Act (42 U.S.C. 406) is amended by adding at the end the 
        following new subsection:
    ``(e)(1) The Commissioner shall provide for the extension 
of the fee withholding procedures and assessment procedures 
that apply under the preceding provisions of this section to 
agents and other persons, other than attorneys, who represent 
claimants under this title before the Commissioner.
    ``(2) Fee-withholding procedures may be extended under 
paragraph (1) to any nonattorney representative only if such 
representative meets at least the following prerequisites:
          ``(A) The representative has been awarded a 
        bachelor's degree from an accredited institution of 
        higher education, or has been determined by the 
        Commissioner to have equivalent qualifications derived 
        from training and work experience.
          ``(B) The representative has passed an examination, 
        written and administered by the Commissioner, which 
        tests knowledge of the relevant provisions of this Act 
        and the most recent developments in agency and court 
        decisions affecting this title and title XVI.
          ``(C) The representative has secured professional 
        liability insurance, or equivalent insurance, which the 
        Commissioner has determined to be adequate to protect 
        claimants in the event of malpractice by the 
        representative.
          ``(D) The representative has undergone a criminal 
        background check to ensure the representative's fitness 
        to practice before the Commissioner.
          ``(E) The representative demonstrates ongoing 
        completion of qualified courses of continuing 
        education, including education regarding ethics and 
        professional conduct, which are designed to enhance 
        professional knowledge in matters related to 
        entitlement to, or eligibility for, benefits based on 
        disability under this title and title XVI. Such 
        continuing education, and the instructors providing 
        such education, shall meet such standards as the 
        Commissioner may prescribe.
    ``(3)(A) The Commissioner may assess representatives 
reasonable fees to cover the cost to the Social Security 
Administration of administering the prerequisites described in 
paragraph (2).
    ``(B) Fees collected under subparagraph (A) shall be 
credited to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, or 
deposited as miscellaneous receipts in the general fund of the 
Treasury, based on such allocations as the Commissioner 
determines appropriate.
    ``(C) The fees authorized under this paragraph shall be 
collected and available for obligation only to the extent and 
in the amount provided in advance in appropriations Acts. 
Amounts so appropriated are authorized to remain available 
until expended for administering the prerequisites described in 
paragraph (2).''.
          (2) Conforming amendments.--
                  (A) Section 1631(d)(2)(A) of such Act (42 
                U.S.C. 1383(d)(2)(A)) is amended--
                          (i) in clause (iv), by striking 
                        ``and'' at the end;
                          (ii) in clause (v), by striking the 
                        period at the end and inserting ``; 
                        and''; and
                          (iii) by adding at the end the 
                        following new clause:
                          ``(vi) by substituting, in subsection 
                        (e)(1)--
                                  ``(I) `subparagraphs (B) and 
                                (C) of section 1631(d)(2)' for 
                                `the preceding provisions of 
                                this section'; and
                                  ``(II) `title XVI' for `this 
                                title'.''.
                  (B) Section 303(e)(2) of the Social Security 
                Protection Act of 2004 (Public Law 108-203; 118 
                Stat. 523) is amended by striking ``and final 
                report'' in the heading and by striking the 
                last sentence.
          (3) Effective date.--The Commissioner of Social 
        Security shall provide for full implementation of the 
        provisions of section 206(e) of the Social Security Act 
        (as added by paragraph (1)) and the amendments made by 
        paragraph (2) not later than March 1, 2010.

               CHAPTER 4--GENERAL PROVISIONS, THIS TITLE

                         EMERGENCY DESIGNATIONS

    Sec. 3401. (a) In general.--Each amount in this title is 
designated as an emergency requirement 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.
    (b) PAYGO.--All applicable provisions in this title are 
designated as an emergency for purposes of pay-as-you-go 
principles.

                 TITLE IV--GENERAL PROVISIONS, THIS ACT

                         PERIOD OF AVAILABILITY

    Sec. 4001. No part of any appropriation contained in this 
Act shall remain available for obligation, beyond September 30, 
2010, unless expressly so provided herein.

                              BUY AMERICA

    Sec. 4002. All funds provided under this Act shall be 
subject to the requirements of section 1605 of division A of 
the American Recovery and Reinvestment Act of 2009 (Public Law 
111-5).
    This Act may be cited as the ``Jobs for Main Street Act, 
2010''.