[111th Congress Public Law 118]
[From the U.S. Government Printing Office]
[[Page 123 STAT. 3409]]
Public Law 111-118
111th Congress
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2010, and for other purposes. <<NOTE: Dec. 19,
2009 - [H.R. 3326]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Defense Appropriations Act, 2010.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Appropriations
Act, 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
DIVISION B--OTHER MATTERS
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A-- <<NOTE: Department of Defense Appropriations Act,
2010.>> DEPARTMENT OF DEFENSE APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2010, for military functions administered by the
Department of Defense and for other purposes, namely:
[[Page 123 STAT. 3410]]
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty, (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $41,005,612,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $25,289,049,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $12,799,990,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $26,174,136,000.
[[Page 123 STAT. 3411]]
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $4,304,713,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,909,301,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $613,500,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,589,412,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard
[[Page 123 STAT. 3412]]
while on duty under section 10211, 10302, or 12402 of title 10 or
section 708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing training,
or while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund,
$7,546,905,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,938,229,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $12,478,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Army, and payments may be made on his certificate of necessity
for confidential military purposes, $30,934,550,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,657,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$34,714,396,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$5,539,117,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law;
[[Page 123 STAT. 3413]]
and not to exceed $7,699,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Air Force, and payments may be made on his
certificate of necessity for confidential military purposes,
$33,477,116,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$28,115,793,000: Provided, That not more than $50,000,000 may be used
for the Combatant Commander Initiative Fund authorized under section
166a of title 10, United States Code: Provided further, That not to
exceed $36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of Defense, and payments may be made on his certificate of necessity for
confidential military purposes: Provided further, That of the funds
provided under this heading, not less than $29,732,000 shall be made
available for the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available for
centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of
the funds appropriated or otherwise made available by this Act may be
used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of Defense,
the office of the Secretary of a military department, or the service
headquarters of one of the Armed Forces into a legislative affairs or
legislative liaison office: Provided further, That $6,667,000, to remain
available until expended, is available only for expenses relating to
certain classified activities, and may be transferred as necessary by
the Secretary to operation and maintenance appropriations or research,
development, test and evaluation appropriations, to be merged with and
to be available for the same time period as the appropriations to which
transferred: Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and maintenance
funds shall not apply to the funds described in the preceding proviso:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $2,617,496,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
[[Page 123 STAT. 3414]]
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,273,701,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $223,175,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $3,131,200,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized by
law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,189,713,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the Air
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; transportation of things, hire of
passenger motor vehicles; supplying and equipping the Air National
Guard, as authorized by law; expenses for repair, modification,
maintenance, and issue of supplies and equipment, including those
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $5,882,251,000.
[[Page 123 STAT. 3415]]
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $13,932,000, of which not to exceed $5,000
may be used for official representation purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $423,364,000, to remain available
until transferred: <<NOTE: Determination.>> Provided, That the Secretary
of the Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Army, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of the Army, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which transferred:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the <<NOTE: Determinations.>> Department of the Navy,
$285,869,000, to remain available until transferred: Provided, That the
Secretary of the Navy shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Navy, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the <<NOTE: Determinations.>> Department of the Air Force,
$494,276,000, to remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Air Force, or for similar purposes, transfer the funds
made
[[Page 123 STAT. 3416]]
available by this appropriation to other appropriations made available
to the Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For <<NOTE: Determination.>> the Department of Defense, $11,100,000,
to remain available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of Defense, or
for similar purposes, transfer the funds made available by this
appropriation to other appropriations made available to the Department
of Defense, to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which transferred:
Provided further, That upon a determination that all or part of the
funds transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
provided elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For <<NOTE: Determinations.>> the Department of the Army,
$292,700,000, to remain available until transferred: Provided, That the
Secretary of the Army shall, upon determining that such funds are
required for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at sites
formerly used by the Department of Defense, transfer the funds made
available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 407, 2557,
[[Page 123 STAT. 3417]]
and 2561 of title 10, United States Code), $109,869,000, to remain
available until September 30, 2011.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union and, with
appropriate authorization by the Department of Defense and Department of
State, to countries outside of the former Soviet Union, including
assistance provided by contract or by grants, for facilitating the
elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise, and for defense and military contacts, $424,093,000, to
remain available until September 30, 2012: Provided, That of the amounts
provided under this heading, not less than $15,000,000 shall be
available only to support the dismantling and disposal of nuclear
submarines, submarine reactor components, and security enhancements for
transport and storage of nuclear warheads in the Russian Far East and
North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce Development
Fund, $100,000,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $5,093,822,000, to remain available for obligation until
September 30, 2012.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
[[Page 123 STAT. 3418]]
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,251,053,000, to remain available for obligation
until September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $2,335,807,000, to
remain available for obligation until September 30, 2012.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $2,056,115,000, to remain available for obligation until
September 30, 2012.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only; and the
purchase of eight vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $250,000 per vehicle; communications and electronic
equipment; other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $8,582,660,000, to remain
available for obligation until September 30, 2012.
[[Page 123 STAT. 3419]]
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$18,643,221,000, to remain available for obligation until September 30,
2012.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $3,357,572,000, to remain available for obligation
until September 30, 2012.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $800,651,000, to remain available for obligation until
September 30, 2012.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long lead
time components and designs for vessels to be constructed or converted
in the future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title, as follows:
Carrier Replacement Program, $739,269,000;
Carrier Replacement Program (AP), $484,432,000;
NSSN, $1,964,317,000;
[[Page 123 STAT. 3420]]
NSSN (AP), $1,959,725,000;
CVN Refueling, $1,563,602,000;
CVN Refuelings (AP), $211,820,000;
DDG-1000 Program, $1,382,797,000;
DDG-51 Destroyer, $1,912,267,000;
DDG-51 Destroyer (AP), $578,996,000;
Littoral Combat Ship, $1,080,000,000;
LPD-17, $872,392,000;
LPD-17 (AP), $184,555,000;
LHA-R (AP), $170,000,000;
Intratheater Connector, $177,956,000;
LCAC Service Life Extension Program, $63,857,000;
Prior year shipbuilding costs, $144,950,000;
Service Craft, $3,694,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $386,903,000.
In all: $13,881,532,000, to remain available for obligation until
September 30, 2014: Provided, That additional obligations may be
incurred after September 30, 2014, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of passenger motor vehicles for replacement only, and the
purchase of seven vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $250,000 per vehicle; expansion of public and private
plants, including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$5,441,234,000, to remain available for obligation until September 30,
2012.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title,
[[Page 123 STAT. 3421]]
$1,521,505,000, to remain available for obligation until September 30,
2012.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $13,295,474,000, to remain available for
obligation <<NOTE: Certification.>> until September 30, 2012; Provided,
That none of the funds provided in this Act for modification of C-17
aircraft may be obligated until all C-17 contracts funded with prior
year ``Aircraft Procurement, Air Force'' appropriated funds are
definitized unless the Secretary of the Air Force certifies in writing
to the congressional defense committees that each such obligation is
necessary to meet the needs of a warfighting requirement or prevents
increased costs to the taxpayer and provides the reasons for failing to
definitize the prior year contracts along with the prospective contract
definitization schedule.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things, $5,995,544,000,
to remain available for obligation until September 30, 2012.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities, authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $801,550,000, to remain available for obligation until
September 30, 2012.
[[Page 123 STAT. 3422]]
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only, and the purchase of two vehicles required
for physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $250,000 per vehicle;
lease of passenger motor vehicles; and expansion of public and private
plants, Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon, prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway, $17,138,239,000, to remain available for obligation until
September 30, 2012.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; expansion of public and
private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway,
$4,050,537,000, to remain available for obligation until September 30,
2012.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $150,746,000, to remain available
until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $11,474,180,000, to
remain available for obligation until September 30, 2011.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment,
[[Page 123 STAT. 3423]]
$20,003,463,000, to remain available for obligation until September 30,
2011: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided further, That
funds appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $28,121,985,000, to
remain available for obligation until September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $20,747,081,000, to remain
available for obligation until September 30, 2011, of which $2,500,000
shall be available only for the Missile Defense Agency to construct a
replacement Patriot launcher pad for the Japanese Ministry of Defense.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation,
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $190,770,000, to remain available for obligation until
September 30, 2011.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,455,004,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs
of the United States, $1,672,758,000, to remain available until
expended: Provided, That <<NOTE: Contracts.>> none of the funds provided
in this paragraph shall be used to award a new contract that provides
for the acquisition of any of the following major
[[Page 123 STAT. 3424]]
components unless such components are manufactured in the United States:
auxiliary equipment, including pumps, for all shipboard services;
propulsion system components (engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes:
Provided <<NOTE: Contracts.>> further, That the exercise of an option in
a contract awarded through the obligation of previously appropriated
funds shall not be considered to be the award of a new
contract: <<NOTE: Waiver authority. Certification.>> Provided further,
That the Secretary of the military department responsible for such
procurement may waive the restrictions in the first proviso on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by law,
$29,243,428,000; of which $27,596,689,000 shall be for operation and
maintenance, of which not to exceed one percent shall remain available
until September 30, 2011, and of which up to $15,093,539,000 may be
available for contracts entered into under the TRICARE program; of which
$366,692,000, to remain available for obligation until September 30,
2012, shall be for procurement; and of which $1,280,047,000, to remain
available for obligation until September 30, 2011, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made available
under this heading for research, development, test and evaluation, not
less than $10,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted
primarily in African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions, to include construction of facilities, in accordance with the
provisions of section 1412 of the Department of Defense Authorization
Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical
warfare materials that are not in the chemical weapon stockpile,
$1,560,760,000, of which $1,146,802,000 shall be for operation and
maintenance, of which no less than $84,839,000, shall be for the
Chemical Stockpile Emergency Preparedness Program, consisting of
$34,905,000 for activities on military installations and $49,934,000, to
remain available until September 30, 2011, to assist State and local
governments; $12,689,000 shall be for procurement, to remain available
until September 30, 2012, of which no less than $12,689,000 shall be for
the Chemical Stockpile Emergency Preparedness Program to assist State
and local governments; and $401,269,000, to remain
[[Page 123 STAT. 3425]]
available until September 30, 2011, shall be for research, development,
test and evaluation, of which $398,669,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
operation and maintenance; for procurement; and for research,
development, test and evaluation, $1,158,226,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which <<NOTE: Determination.>> transferred: Provided further, That
upon a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this Act.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$121,550,000 for Staff and Infrastructure: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Director of the
Joint Improvised Explosive Device Defeat Organization to investigate,
develop and provide equipment, supplies, services, training, facilities,
personnel and funds to assist United States forces in the defeat of
improvised explosive devices: Provided further, That
within <<NOTE: Deadline. Management plan.>> 60 days of the enactment of
this Act, a plan for the intended management and use of the amounts
provided under this heading shall be submitted to the congressional
defense committees: Provided further, That
the <<NOTE: Reports. Deadlines.>> Secretary of Defense shall submit a
report not later than 60 days after the end of each fiscal quarter to
the congressional defense committees providing assessments of the
evolving threats, individual service requirements to counter the
threats, the current strategy for predeployment training of members of
the Armed Forces on improvised explosive devices, and details on the
execution of the Fund: Provided further, That the Secretary of Defense
may transfer funds provided herein to appropriations for operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That amounts transferred shall be merged with
and available for the same purposes and time period as the
appropriations to which transferred: Provided further, That this
transfer authority is in addition to any other transfer authority
available to <<NOTE: Deadline. Notification.>> the Department of
Defense: Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to
[[Page 123 STAT. 3426]]
making transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such transfer.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $288,100,000, of which $287,100,000 shall be for operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain available until September
30, 2012, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $290,900,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community Management
Account, $707,912,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During <<NOTE: 10 USC 1584 note.>> the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department <<NOTE: Pay rates. Foreign
nationals.>> of Defense: Provided, That salary increases granted to
direct and indirect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees of the
Department of Defense whose pay is computed under the provisions of
section 5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation to its
own employees, whichever is higher: Provided further, That this section
shall not apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That <<NOTE: Turkey.>> the limitations of this
provision shall not apply to foreign national employees of the
Department of Defense in the Republic of Turkey.
[[Page 123 STAT. 3427]]
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this
Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training of
the Reserve Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$4,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been <<NOTE: Notification.>> denied by the Congress:
Provided further, That the Secretary of Defense shall notify the
Congress promptly of all transfers made pursuant to this authority or
any other authority in this Act: Provided further, That
no <<NOTE: Reprogramming request.>> part of the funds in this Act shall
be available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher priority
items, based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, That a <<NOTE: Deadline.>> request for multiple reprogrammings
of funds using authority provided in this section shall be made prior to
June 30, 2010: Provided further, That transfers among military personnel
appropriations shall not be taken into account for purposes of the
limitation on the amount of funds that may be
transferred <<NOTE: Notification.>> under this section: Provided
further, That no obligation of funds may be made pursuant to section
1206 of Public Law 109-163 (or any successor provision) unless the
Secretary of Defense has notified the congressional defense committees
prior to any such obligation.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments to
budget activities corresponding to such programs, projects, and
activities) contained in the tables titled ``Explanation of Project
Level Adjustments'' in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise made
available in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are hereby
required by law to be carried out in the manner provided by such tables
to the same extent as if the tables were included in the text of this
Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
[[Page 123 STAT. 3428]]
for purposes of section <<NOTE: Applicability.>> 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the amounts
described in subsection (a) occur between appropriation accounts.
Sec. 8007. (a) <<NOTE: Deadline. Reports.>> Not later than 60 days
after enactment of this Act, the Department of Defense shall submit a
report to the congressional defense committees to establish the baseline
for application of reprogramming and transfer authorities for fiscal
year 2010: Provided, That the report shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as
detailed in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding <<NOTE: Certification.>> section 8005 of this
Act, none of the funds provided in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional defense
committees that such reprogramming or transfer is necessary as an
emergency requirement.
Sec. 8008. The Secretaries of the Air Force and the Army are
authorized, using funds available under the headings ``Operation and
Maintenance, Air Force'' and ``Operation and Maintenance, Army'', to
complete facility conversions and phased repair projects which may
include upgrades and additions to Alaskan range infrastructure and
training areas, and improved access to these ranges.
(transfer of funds)
Sec. 8009. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be
made <<NOTE: Notification.>> between such funds: Provided further, That
transfers may be made between working capital funds and the ``Foreign
Currency Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of the Office
of Management and Budget, except that such transfers may not be made
unless the Secretary of Defense has notified the Congress of the
proposed <<NOTE: Notification.>> transfer. Except in amounts equal to
the amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to procure or
increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8010. Funds <<NOTE: Notification. Deadline.>> appropriated by
this Act may not be used to initiate a special access program without
prior notification 30 calendar days in advance to the congressional
defense committees.
Sec. 8011. None <<NOTE: Contracts. Notifications. Deadlines. 10 USC
2306b note.>> of the funds provided in this Act shall be available to
initiate: (1) a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one
[[Page 123 STAT. 3429]]
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any one year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation contained
in this Act shall be available to initiate multiyear procurement
contracts for any systems or component thereof if the value of the
multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement: Provided
further, That none of the funds provided in this Act may be used for a
multiyear contract executed after the date of the enactment of this Act
unless in the case of any such contract--
(1) the <<NOTE: Reports.>> Secretary of Defense has
submitted to Congress a report within 30 days of enactment of
this Act that certifies full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any aircraft unit to
be procured through the contract for which procurement funds are
identified in that report for production beyond advance
procurement activities in the fiscal year 2010 budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for a
multiyear procurement contract as follows:
F-18 aircraft variants.
Sec. 8012. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States Code.
Such <<NOTE: Reports.>> funds may also be obligated for humanitarian and
civic assistance costs incidental to authorized operations and pursuant
to authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided,
That <<NOTE: Humanitarian assistance. Territories.>> funds available for
operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized
[[Page 123 STAT. 3430]]
by Public Law 99-239: Provided further, That upon a determination by the
Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8013. (a) During fiscal year 2010, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal <<NOTE: Budget request. Effective date.>> year 2011
budget request for the Department of Defense as well as all
justification material and other documentation supporting the fiscal
year 2011 Department of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of this
provision were effective with regard to fiscal year 2011.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8014. None of <<NOTE: Lobbying.>> the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8015. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this section shall
not apply to those members who have reenlisted with this option prior
to <<NOTE: Applicability.>> October 1, 1987: Provided further, That this
section applies only to active components of the Army.
Sec. 8016. (a) <<NOTE: Contracts. Outsourcing.>> None of the funds
appropriated by this Act shall be available to convert to contractor
performance an activity or function of the Department of Defense that,
on or after the date of the enactment of this Act, is performed by more
than 10 Department of Defense civilian employees unless--
(1) the conversion is based on the result of a public-
private competition that includes a most efficient and cost
effective organization plan developed by such activity or
function;
(2) the <<NOTE: Determination.>> Competitive Sourcing
Official determines that, over all performance periods stated in
the solicitation of offers for performance of the activity or
function, the cost of performance of the activity or function by
a contractor would be less costly to the Department of Defense
by an amount that equals or exceeds the lesser of--
(A) 10 percent of the most efficient organization's
personnel-related costs for performance of that activity
or function by Federal employees; or
(B) $10,000,000; and
[[Page 123 STAT. 3431]]
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are to be
employed in the performance of that activity or function
under the contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to
contribute less towards the premium or subscription
share than the amount that is paid by the Department of
Defense for health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection (a)
of this section or subsection (a), (b), or (c) of section 2461 of title
10, United States Code, and notwithstanding any administrative
regulation, requirement, or policy to the contrary shall have full
authority to enter into a contract for the performance of any commercial
or industrial type function of the Department of Defense that--
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in accordance
with that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe, as
defined in section 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts for
depot maintenance as provided in sections 2469 and 2474 of title 10,
United States Code.
(c) The conversion of any activity or function of the Department of
Defense under the authority provided by this section shall be credited
toward any competitive or outsourcing goal, target, or measurement that
may be established by statute, regulation, or policy and is deemed to be
awarded under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the competition or
outsourcing of commercial activities.
(transfer of funds)
Sec. 8017. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8018. None <<NOTE: Vessels.>> of the funds in this Act may be
available for the purchase by the Department of Defense (and its
departments
[[Page 123 STAT. 3432]]
and agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section, the term ``manufactured'' shall include cutting, heat
treating, quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for the
purpose of this section substantially all of the components of anchor
and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the
components produced or manufactured outside the <<NOTE: Waiver
authority. Certification.>> United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
that such an acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8019. None <<NOTE: Arms and munitions. Certification.>> of the
funds available to the Department of Defense may be used to demilitarize
or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber
rifles, .30 caliber rifles, or M-1911 pistols, or to demilitarize or
destroy small arms ammunition or ammunition components that are not
otherwise prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by the
Secretary of the Army or designee as unserviceable or unsafe for further
use.
Sec. 8020. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That <<NOTE: Waiver authority. Certification.>> the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such
a relocation is required in the best interest of the Government.
Sec. 8021. In <<NOTE: Contracts.>> addition to the funds provided
elsewhere in this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act of 1974
(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor
at any tier that makes a subcontract award to any subcontractor or
supplier as defined in section 1544 of title 25, United States Code, or
a small business owned and controlled by an individual or individuals
defined under section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed additional
compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount is over
$500,000 and involves the expenditure of funds appropriated by an Act
making Appropriations for the Department of Defense with respect to any
fiscal year: Provided further,
That <<NOTE: Applicability.>> notwithstanding section 430 of title 41,
United States Code, this section shall be applicable to any Department
of Defense acquisition of supplies or services, including any contract
and any subcontract at any tier for acquisition of commercial items
produced or manufactured, in whole or in part by any subcontractor or
supplier defined in section 1544 of title 25, United States Code, or a
small business owned and
[[Page 123 STAT. 3433]]
controlled by an individual or individuals defined under section 4221(9)
of title 25, United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense Media
Activity shall not be used for any national or international political
or psychological activities.
Sec. 8023. None <<NOTE: Study.>> of the funds appropriated by this
Act shall be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed exceeds the
period permitted by section 322 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111-84).
Sec. 8024. During <<NOTE: Kuwait.>> the current fiscal year, the
Department of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section 2350j(c) of title
10, United States Code, in anticipation of receipt of contributions,
only from the Government of Kuwait, under that section: Provided, That
upon receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.
Sec. 8025. (a) Of the funds made available in this Act, not less
than $33,756,000 shall be available for the Civil Air Patrol
Corporation, of which--
(1) $26,433,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol Corporation
operation and maintenance, readiness, counterdrug activities,
and drug demand reduction activities involving youth programs;
(2) $6,426,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $897,000 shall be available from ``Other Procurement,
Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement for
any funds used by the Civil Air Patrol for counter-drug activities in
support of Federal, State, and local government agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2010 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants,
[[Page 123 STAT. 3434]]
for absorption of contract overruns, or for certain charitable
contributions, not to include employee participation in community
service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2010, not more than 5,600
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That of the specific amount referred to previously in
this subsection, not more than 1,100 staff years may be funded for the
defense studies and analysis FFRDCs: Provided further, That this
subsection shall not apply to staff years funded in the National
Intelligence Program (NIP) and the Military Intelligence Program (MIP).
(e) The Secretary <<NOTE: Reports.>> of Defense shall, with the
submission of the department's fiscal year 2011 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$125,200,000.
Sec. 8027. None <<NOTE: Contracts.>> of the funds appropriated or
made available in this Act shall be used to procure carbon, alloy or
armor steel plate for use in any Government-owned facility or property
under the control of the Department of Defense which were not melted and
rolled in the United <<NOTE: Applicability.>> States or Canada:
Provided, That these procurement restrictions shall apply to any and all
Federal Supply Class 9515, American Society of Testing and Materials
(ASTM) or American Iron and Steel Institute (AISI) specifications of
carbon, alloy or armor <<NOTE: Waiver authority. Certification.>> steel
plate: Provided further, That the Secretary of the military department
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
of the House of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in being
as of the date of the enactment of this Act.
Sec. 8028. For <<NOTE: Definition. 10 USC 101 note.>> the purposes
of this Act, the term ``congressional defense committees'' means the
Armed Services Committee of the House of Representatives, the Armed
Services Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the <<NOTE: Certification.>> Senior Acquisition Executive
of the military department or Defense Agency concerned, with power of
delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget Circular A-
76 shall not apply to competitions conducted under this section.
[[Page 123 STAT. 3435]]
Sec. 8030. (a)(1) If
the <<NOTE: Determination. Contracts. Rescission. 41 USC 10b-2
note.>> Secretary of Defense, after consultation with the United States
Trade Representative, determines that a foreign country which is party
to an agreement described in paragraph (2) has violated the terms of the
agreement by discriminating against certain types of products produced
in the United States that are covered by the agreement, the Secretary of
Defense shall rescind the Secretary's blanket waiver of the Buy American
Act with respect to such types of products produced in that foreign
country.
(2) An <<NOTE: Memorandum.>> agreement referred to in paragraph (1)
is any reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to which the
Secretary of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary <<NOTE: Reports.>> of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2010. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) For <<NOTE: Definition.>> purposes of this section, the term
``Buy American Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments for the
fiscal year ending June 30, 1934, and for other purposes'', approved
March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8031. During <<NOTE: Housing. Native Americans. State
listing.>> the current fiscal year, amounts contained in the Department
of Defense Overseas Military Facility Investment Recovery Account
established by section 2921(c)(1) of the National Defense Authorization
Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section 2921(c)(2) of that
Act.
Sec. 8032. (a) Notwithstanding any other provision of law, the
Secretary of the Air Force may convey at no cost to the Air Force,
without consideration, to Indian tribes located in the States of Nevada,
Idaho, North Dakota, South Dakota, Montana, Oregon, and Minnesota
relocatable military housing units located at Grand Forks Air Force
Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth
Air Force Base, and Minot Air Force Base that are excess to the needs of
the Air Force.
(b) The <<NOTE: Land conveyance.>> Secretary of the Air Force shall
convey, at no cost to the Air Force, military housing units under
subsection (a) in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of Nevada, Idaho, North
Dakota, South Dakota, Montana, Oregon, and Minnesota.
(c) The Operation Walking Shield Program shall resolve any conflicts
among requests of Indian tribes for housing units under subsection (a)
before submitting requests to the Secretary of the Air Force under
subsection (b).
(d) <<NOTE: Definition.>> In this section, the term ``Indian tribe''
means any recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the Federally
Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792;
25 U.S.C. 479a-1).
[[Page 123 STAT. 3436]]
Sec. 8033. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $250,000.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal <<NOTE: Budget request.>> year 2011 budget request
for the Department of Defense as well as all justification material and
other documentation supporting the fiscal year 2011 Department of
Defense budget shall be prepared and submitted to the Congress on the
basis that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted
for in a proposed fiscal year 2011 procurement appropriation and not in
the supply management business area or any other area or category of the
Department of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until <<NOTE: 50
USC 403u note.>> September 30, 2011: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for advanced research and development acquisition,
for agent operations, and for covert action programs authorized by the
President under section 503 of the National Security Act of 1947, as
amended, shall remain available until September 30, 2011.
Sec. 8036. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8037. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $12,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8038. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American
[[Page 123 STAT. 3437]]
Act. For purposes <<NOTE: Definition.>> of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments for the
fiscal year ending June 30, 1934, and for other purposes'', approved
March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If
the <<NOTE: Determination. Labeling. Fraud. Debarment.>> Secretary of
Defense determines that a person has been convicted of intentionally
affixing a label bearing a ``Made in America'' inscription to any
product sold in or shipped to the United States that is not made in
America, the Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be debarred
from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
Sec. 8039. None of <<NOTE: Contracts. Determination.>> the funds
appropriated by this Act shall be available for a contract for studies,
analysis, or consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the activity
responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, <<NOTE: Determination.>> That this limitation shall
not apply to contracts in an amount of less than $25,000,
contracts related to improvements of equipment that is in
development or production, or contracts as to which a civilian
official of the Department of Defense, who has been confirmed by
the Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8040. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The <<NOTE: Waiver
authority. Determination. Certification.>> Secretary of Defense or
Secretary of a military department may waive the limitations in
subsection (a), on a case-by-case basis, if the Secretary determines,
and certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver will reduce
the personnel requirements or the financial requirements of the
department.
(c) This section does not apply to--
(1) field operating agencies funded within the National
Intelligence Program; or
[[Page 123 STAT. 3438]]
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive
devices, and, as determined by the Secretary of the Army, other
similar threats.
Sec. 8041. The <<NOTE: Grants.>> Secretary of Defense,
notwithstanding any other provision of law, acting through the Office of
Economic Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and Maintenance,
Defense-Wide'' to make grants and supplement other Federal funds in
accordance with the guidance provided in the explanatory statement
regarding this Act.
(rescissions)
Sec. 8042. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Research, Development, Test and Evaluation, Navy, 2009/
2010'', $20,000,000;
``Research, Development, Test and Evaluation, Air Force,
2009/2010'', $98,430,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2009/2010'', $154,457,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2009/2011'', $41,087,000;
``Other Procurement, Army, 2009/2011'', $138,239,000;
``Other Procurement, Navy, 2009/2011'', $84,844,000;
``Aircraft Procurement, Air Force, 2009/2011'',
$628,900,000;
``Missile Procurement, Air Force, 2009/2011'', $60,000,000;
``Other Procurement, Air Force, 2009/2011'', $10,900,000;
``Procurement, Defense-Wide, 2009/2011'', $5,200,000; and
``Procurement, Defense-Wide, 2008/2010'', $2,000,000.
Sec. 8043. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.
Sec. 8044. None <<NOTE: North Korea.>> of the funds appropriated or
otherwise made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
Sec. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Intelligence Program and the Military Intelligence Program: Provided,
That nothing in this section authorizes deviation from established
Reserve and National Guard personnel and training procedures.
[[Page 123 STAT. 3439]]
Sec. 8046. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, <<NOTE: Waiver authority. Certification.>> 2003,
level: Provided, That the Service Surgeons General may waive this
section by certifying to the congressional defense committees that the
beneficiary population is declining in some catchment areas and civilian
strength reductions may be consistent with responsible resource
stewardship and capitation-based budgeting.
Sec. 8047. (a) None <<NOTE: Drugs and drug abuse. 10 USC 374
note.>> of the funds available to the Department of Defense for any
fiscal year for drug interdiction or counter-drug activities may be
transferred to any other department or agency of the United States
except as specifically provided in an appropriations law.
(b) None <<NOTE: 50 USC 403f note.>> of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
Sec. 8048. None <<NOTE: Ball and roller bearings.>> of the funds
appropriated by this Act may be used for the procurement of ball and
roller bearings other than those produced by a domestic <<NOTE: Waiver
authority. Certification.>> source and of domestic origin: Provided,
That the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That <<NOTE: Applicability.>> this restriction shall not apply to the
purchase of ``commercial items'', as defined by section 4(12) of the
Office of Federal Procurement Policy Act, except that the restriction
shall apply to ball or roller bearings purchased as end items.
Sec. 8049. None <<NOTE: Certification.>> of the funds in this Act
may be used to purchase any supercomputer which is not manufactured in
the United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must be made
in order to acquire capability for national security purposes that is
not available from United States manufacturers.
Sec. 8050. None <<NOTE: Salaries.>> of the funds made available in
this or any other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources of
any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act without
the express authorization of Congress: Provided, That this limitation
shall not apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
Sec. 8051. (a) Notwithstanding <<NOTE: Notification. Deadline.>> any
other provision of law, none of the funds available to the Department of
Defense for the current fiscal year may be obligated or expended to
transfer to another nation or an international organization any defense
articles or services (other than intelligence services) for use in the
activities
[[Page 123 STAT. 3440]]
described in subsection (b) unless the congressional defense committees,
the Committee on Foreign Affairs of the House of Representatives, and
the Committee on Foreign Relations of the Senate are notified 15 days in
advance of such transfer.
(b) This section <<NOTE: Applicability.>> applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following--
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
Sec. 8052. <<NOTE: Contracts.>> None of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
[[Page 123 STAT. 3441]]
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8055. <<NOTE: 10 USC 1401 note.>> (a) In General.--Service as a
member of the Alaska Territorial Guard during World War II of any
individual who was honorably discharged therefrom under section 8147 of
the Department of Defense Appropriations Act, 2001 (Public Law 106-259;
114 Stat. 705) shall be treated as active service for purposes of the
computation under chapter 61, 71, 371, 571, 871, or 1223 of title 10,
United States Code, as applicable, of the retired pay to which such
individual may be entitled under title 10, United States Code.
(b) Applicability.--Subsection (a) shall apply with respect to
amounts of retired pay payable under title 10, United States Code, for
months beginning on or after the date of the enactment of this Act. No
retired pay shall be paid to any individual by reason of subsection (a)
for any period before that date.
(c) World War II Defined.--In this section, the term ``World War
II'' has the meaning given that term in section 101(8) of title 38,
United States Code.
Sec. 8056. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable <<NOTE: Reimbursement.>> basis. The Chief
of the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8057. Using <<NOTE: Germany.>> funds available by this Act or
any other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States Code, may
implement cost-effective agreements for required heating facility
modernization in the Kaiserslautern Military Community in the Federal
Republic of Germany: Provided, <<NOTE: Anthracite.>> That in the City of
Kaiserslautern such agreements will include the use of United States
anthracite as the base load energy for municipal district heat to the
United States Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base, furnished
[[Page 123 STAT. 3442]]
heat may be obtained from private, regional or municipal services, if
provisions are included for the consideration of United States coal as
an energy source.
Sec. 8058. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National <<NOTE: Waiver
authority. Certification.>> Intelligence Program: Provided further, That
the Secretary of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8059. None of the funds made available in this Act may be used
to approve or license the sale of the F-22A advanced tactical fighter to
any foreign government: Provided, That the Department of Defense may
conduct or participate in studies, research, design and other activities
to define and develop a future export version of the F-22A that protects
classified and sensitive information, technologies and U.S. warfighting
capabilities.
Sec. 8060. (a) The Secretary <<NOTE: Waiver
authority. Determination.>> of Defense may, on a case-by-case basis,
waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect
to that country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of defense
items entered into under section 2531 of title 10, United States Code,
and the country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) Subsection (a) <<NOTE: Applicability.>> applies with respect
to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
Sec. 8061. (a) <<NOTE: Human rights.>> None of the funds made
available by this Act may be used to support any training program
involving a unit of the security forces of a foreign country if the
Secretary of Defense has received credible information from the
Department of State that the unit has committed a gross violation of
human rights, unless all necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary of
State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given
[[Page 123 STAT. 3443]]
to all credible information available to the Department of State
relating to human rights violations by foreign security forces.
(c) The <<NOTE: Waiver authority. Determination.>> Secretary of
Defense, after consultation with the Secretary of State, may waive the
prohibition in subsection (a) if he determines that such waiver is
required by extraordinary circumstances.
(d) Not more <<NOTE: Deadline. Reports.>> than 15 days after the
exercise of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees describing
the extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information relating to
human rights violations that necessitates the waiver.
Sec. 8062. None <<NOTE: Vessels.>> of the funds appropriated or
made available in this Act to the Department of the Navy shall be used
to develop, lease or procure the T-AKE class of ships unless the main
propulsion diesel engines and propulsors are manufactured in the United
States by a domestically <<NOTE: Waiver
authority. Certification.>> operated entity: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes or there exists a significant
cost or quality difference.
Sec. 8063. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8064. Notwithstanding <<NOTE: Reports.>> any other provision
of law, funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new start
advanced concept technology demonstration project or joint capability
demonstration project may only be obligated 30 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has been
provided in writing to the congressional defense committees: Provided,
That the Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense committees that it
is in the national interest to do so.
Sec. 8065. The <<NOTE: Classified
information. Reports. Deadlines. Effective date.>> Secretary of Defense
shall provide a classified quarterly report beginning 30 days after
enactment of this Act, to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as directed in
the classified annex accompanying this Act.
Sec. 8066. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or
agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable basis,
and is providing
[[Page 123 STAT. 3444]]
the requested support pursuant to such <<NOTE: Waiver
authority. Certification.>> authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-case basis
by certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8067. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8068. None <<NOTE: Arms and munitions.>> of the funds provided
in this Act may be used to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary-tracer (API-T)'',
except to an entity performing demilitarization services for the
Department of Defense under a contract that requires the entity to
demonstrate to the satisfaction of the Department of Defense that armor
piercing projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture of
ammunition for export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of State.
Sec. 8069. Notwithstanding <<NOTE: Waiver authority. Time
period.>> any other provision of law, the Chief of the National Guard
Bureau, or his designee, may waive payment of all or part of the
consideration that otherwise would be required under section 2667 of
title 10, United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in section 508(d) of title 32, United States Code, or any
other youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
Sec. 8070. None <<NOTE: Alcohol and alcoholic beverages.>> of the
funds appropriated by this Act shall be used for the support of any
nonappropriated funds activity of the Department of Defense that
procures malt beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and
wine are procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be made in
any State in which the <<NOTE: Applicability.>> installation is located:
Provided further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than wine and
malt beverages, in contiguous States and the District of Columbia shall
be procured from the most competitive source, price and other factors
considered.
Sec. 8071. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite
[[Page 123 STAT. 3445]]
and ground control segments of such system's modernization program.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $106,754,000 shall remain
available until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, <<NOTE: Contracts. Real property.>> That the Secretary of
Defense is authorized to enter into and carry out contracts for the
acquisition of real property, construction, personal services, and
operations related to projects carrying out the purposes of this
section: Provided further, That contracts entered into under the
authority of this section may provide for such indemnification as the
Secretary determines to be necessary: Provided further, That projects
authorized by this section shall comply with applicable Federal, State,
and local law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
Sec. 8073. <<NOTE: Applicability. 10 USC 113 note.>> Section 8106
of the Department of Defense Appropriations Act, 1997 (titles I through
VIII of the matter under subsection 101(b) of Public Law 104-208; 110
Stat. 3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in fiscal year
2010.
Sec. 8074. In addition to amounts provided elsewhere in this Act,
$3,750,000 is hereby appropriated to the Department of Defense, to
remain available for <<NOTE: Grants. Fish House Foundation,
Inc.>> obligation until expended: Provided, That notwithstanding any
other provision of law, these funds shall be available only for a grant
to the Fisher House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
(including transfer of funds)
Sec. 8075. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
$202,434,000 shall be for the Israeli Cooperative Programs: Provided,
That of this amount, $80,092,000 shall be for the Short Range Ballistic
Missile Defense (SRBMD) program, including cruise missile defense
research and development under the SRBMD program, $50,036,000 shall be
available for an upper-tier component to the Israeli Missile Defense
Architecture, and $72,306,000 shall be for the Arrow Missile Defense
Program, of which $25,000,000 shall be for producing Arrow missile
components in the United States and Arrow missile components in Israel
to meet Israel's defense requirements, consistent with each nation's
laws, regulations and procedures: Provided further, That funds made
available under this provision for production of missiles and missile
components may be transferred to appropriations available for the
procurement of weapons and equipment, to be merged with and to be
available for the same time period and the same purposes as the
appropriation to which transferred: Provided further, That the transfer
authority provided under this provision is in addition to any other
transfer authority contained in this Act.
[[Page 123 STAT. 3446]]
(including transfer of funds)
Sec. 8076. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $144,950,000 shall be
available until September 30, 2010, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer such funds to the following appropriations in
the amounts specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes as the
appropriations to which transferred:
To:
Under the heading ``Shipbuilding and Conversion,
Navy, 2004/2010'':
New SSN, $26,906,000; and
LPD-17 Amphibious Transport Dock Program,
$16,844,000.
Under the heading ``Shipbuilding and Conversion,
Navy, 2005/2010'':
New SSN, $18,702,000; and
LPD-17 Amphibious Transport Dock Program,
$16,498,000.
Under the heading ``Shipbuilding and Conversion,
Navy, 2008/2012'':
LPD-17 Amphibious Transport Dock Program,
$66,000,000.
Sec. 8077. None of the funds available to the Department of Defense
may be obligated to modify command and control relationships to give
Fleet Forces Command administrative and operational control of U.S. Navy
forces assigned to the Pacific fleet: Provided, That the command and
control relationships which existed on October 1, 2004, shall remain in
force unless changes are specifically authorized in a subsequent Act.
Sec. 8078. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of
section 7403(g) of title 38, United States Code, for occupations listed
in section 7403(a)(2) of title 38, United States Code, as well as the
following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service Assistants,
Practical Nurses, Nursing Assistants, and Dental Hygienists:
(A) The <<NOTE: Applicability.>> requirements of
section 7403(g)(1)(A) of title 38, United States Code,
shall apply.
(B) The limitations of section 7403(g)(1)(B) of
title 38, United States Code, shall not apply.
Sec. 8079. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2010 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2010.
Sec. 8080. None <<NOTE: Notification.>> of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity
[[Page 123 STAT. 3447]]
unless such program, project, or activity must be undertaken immediately
in the interest of national security and only after written prior
notification to the congressional defense committees.
Sec. 8081. In <<NOTE: Grants.>> addition to funds made available
elsewhere in this Act, $5,500,000 is hereby appropriated and shall
remain available until expended to provide assistance, by grant or
otherwise (such as the provision of funds for information technology and
textbook purchases, professional development for educators, and student
transition support) to public schools in states that are considered
overseas assignments with unusually high concentrations of special needs
military dependents enrolled: Provided, That up to 2 percent of the
total appropriated funds under this section shall be available for the
administration and execution of the programs and/or events that promote
the purpose of this appropriation: Provided further, That up to 5
percent of the total appropriated funds under this section shall be
available to public schools that have entered into a military
partnership: Provided further, That $1,000,000 shall be available for a
nonprofit trust fund to assist in the public-private funding of public
school repair and maintenance projects: Provided further, That $500,000
shall be available to fund an ongoing special education support program
in public schools with unusually high concentrations of active duty
military dependents enrolled: Provided further, That to the extent a
Federal agency provides this assistance by contract, grant, or
otherwise, it may accept and expend non-Federal funds in combination
with these Federal funds to provide assistance for the authorized
purpose.
Sec. 8082. (a) <<NOTE: Grants. Center for Military Recruitment,
Assessment and Veterans Employment.>> In addition to the amounts
provided elsewhere in this Act, $3,000,000 is hereby appropriated to the
Department of Defense for ``Operation and Maintenance, Army National
Guard''. Such amount shall be made available to the Secretary of the
Army only to make a grant in the amount of $3,000,000 to the entity
specified in subsection (b) to facilitate access by veterans to
opportunities for skilled employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a nonprofit
labor-management cooperation committee provided for by section 302(c)(9)
of the Labor-Management Relations Act, 1947 (29 U.S.C. 186(c)(9)), for
the purposes set forth in section 6(b) of the Labor Management
Cooperation Act of 1978 (29 U.S.C. 175a note).
Sec. 8083. The <<NOTE: Federal budget. 10 USC 221 note.>> budget of
the President for fiscal year 2011 submitted to the Congress pursuant to
section 1105 of title 31, United States Code, shall include separate
budget justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a description of
the funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: Provided further, That these documents shall
include estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to, troop
strength for each Active and Reserve component, and estimates of the
major weapons systems deployed in support of each contingency: Provided
further, That these documents shall
[[Page 123 STAT. 3448]]
include budget exhibits OP-5 and OP-32 (as defined in the Department of
Defense Financial Management Regulation) for all contingency operations
for the budget year and the two preceding fiscal years.
Sec. 8084. None <<NOTE: Nuclear arms.>> of the funds in this Act
may be used for research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense system.
Sec. 8085. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $110,640,000 is hereby
appropriated to the <<NOTE: Grants.>> Department of Defense: Provided,
That the Secretary of Defense shall make grants in the amounts specified
as follows: $15,000,000 to the United Service Organizations; $22,500,000
to the Red Cross; $6,000,000 to the SOAR Virtual School District;
$5,000,000 to The Presidio Heritage Center; $5,000,000 to the
Paralympics Military Program; $3,840,000 to the Arrest Deterioration of
Ford Island Aviation Control Tower, Pearl Harbor, Hawaii; $1,500,000 to
the Go For Broke program; $800,000 to Our Military Kids; $3,000,000 to
the New Jersey Technology Center; $1,600,000 to the Women in Military
Service for America Memorial; $500,000 to the Marshall Legacy Institute;
$1,000,000 to the Vietnam Veterans Memorial Fund for Demining
Activities; $18,900,000 to the Edward M. Kennedy Institute for the
Senate; $5,000,000 to the U.S.S. Missouri Memorial Association;
$20,000,000 to the National World War II Museum; and $1,000,000 for the
Riverside General Hospital in Houston, Texas, for the treatment of
psychological health issues.
Sec. 8086. None <<NOTE: 53rd Weather Reconnaissance Squadron.>> of
the funds appropriated or made available in this Act shall be used to
reduce or disestablish the operation of the 53rd Weather Reconnaissance
Squadron of the Air Force Reserve, if such action would reduce the WC-
130 Weather Reconnaissance mission below the levels funded in this Act:
Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
Sec. 8087. None <<NOTE: Foreign intelligence.>> of the funds
provided in this Act shall be available for integration of foreign
intelligence information unless the information has been lawfully
collected and processed during the conduct of authorized foreign
intelligence activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with protections
provided in the Fourth Amendment of the United States Constitution as
implemented through Executive Order No. 12333.
Sec. 8088. (a) <<NOTE: Notification. Deployment.>> At the time
members of reserve components of the Armed Forces are called or ordered
to active duty under section 12302(a) of title 10, United States Code,
each member shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The <<NOTE: Waiver authority. Determination.>> Secretary of
Defense may waive the requirements of subsection (a) in any case in
which the Secretary determines that it is necessary to do so to respond
to a national security emergency or to meet dire operational
requirements of the Armed Forces.
[[Page 123 STAT. 3449]]
(including transfer of funds)
Sec. 8089. The Secretary of Defense may transfer funds from any
available Department of the Navy appropriation to any available Navy
ship construction appropriation for the purpose of liquidating necessary
changes resulting from inflation, market fluctuations, or rate
adjustments for any ship construction program appropriated in law:
Provided, That the Secretary may transfer not to exceed $100,000,000
under the authority provided by this section: Provided further, That
the <<NOTE: Notification. Deadline.>> Secretary may not transfer any
funds until 30 days after the proposed transfer has been reported to the
Committees on Appropriations of the House of Representatives and the
Senate, unless a response from the Committees is received sooner:
Provided further, That the transfer authority provided by this section
is in addition to any other transfer authority contained elsewhere in
this Act.
Sec. 8090. For purposes of section 612 of title 41, United States
Code, any subdivision of appropriations made under the heading
``Shipbuilding and Conversion, Navy'' that is not closed at the time
reimbursement is made shall be available to reimburse the Judgment Fund
and shall be considered for the same purposes as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8091. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other program
authority relating to current tactical unmanned aerial vehicles (TUAVs)
from the Army.
(b) The Army shall retain responsibility for and operational control
of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
Sec. 8092. Of the funds provided in this Act, $10,000,000 shall be
available for the operations and development of training and technology
for the Joint Interagency Training and Education Center and the
affiliated Center for National Response at the Memorial Tunnel and for
providing homeland defense/security and traditional warfighting training
to the Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency Training and
Education Center.
Sec. 8093. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8094. Up to $16,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities
such as humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that
[[Page 123 STAT. 3450]]
is otherwise prohibited from receiving such type of assistance under any
other provision of law.
Sec. 8095. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2011.
Sec. 8096. For <<NOTE: Applicability.>> purposes of section 1553(b)
of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading ``Shipbuilding and Conversion, Navy''
shall be considered to be for the same purpose as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any
prior fiscal year, and the 1 percent limitation shall apply to the total
amount of the appropriation.
Sec. 8097. Notwithstanding any other provision of this Act, to
reflect savings from revised economic assumptions, the total amount
appropriated in title II of this Act is hereby reduced by $194,000,000,
the total amount appropriated in title III of this Act is hereby reduced
by $322,000,000, the total amount appropriated in title IV of this Act
is hereby reduced by $336,000,000, and the total amount appropriated in
title V of this Act is hereby reduced by $9,000,000: Provided,
That <<NOTE: Allocation.>> the Secretary of Defense shall allocate this
reduction proportionally to each budget activity, activity group,
subactivity group, and each program, project, and activity, within each
appropriation account.
Sec. 8098. Notwithstanding any other provision of law, that not
more than 35 percent of funds provided in this Act for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8099. The <<NOTE: 10 USC 221 note.>> Secretary of Defense
shall create a major force program category for space for the Future
Years Defense Program of the Department of Defense.
The <<NOTE: Designation.>> Secretary of Defense shall designate an
official in the Office of the Secretary of Defense to provide overall
supervision of the preparation and justification of program
recommendations and budget proposals to be included in such major force
program category.
Sec. 8100. The <<NOTE: 50 USC 415a-2 note.>> Director of National
Intelligence shall include the budget exhibits identified in paragraphs
(1) and (2) as described in the Department of Defense Financial
Management Regulation with the congressional budget justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement Program; P-
5, Cost Analysis; P-5a, Procurement History and Planning; P-21,
Production Schedule; and P-40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R-1,
RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E
Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
Sec. 8101. Notwithstanding <<NOTE: Contracts. Grants.>> any other
provision of law, none of the funds made available in this Act may be
used to pay negotiated indirect cost rates on a contract, grant, or
cooperative agreement (or similar arrangement) entered into by the
Department of Defense and an entity in excess of 35 percent of the total
cost of the contract, grant, or agreement (or similar arrangement):
[[Page 123 STAT. 3451]]
Provided, That this <<NOTE: Applicability.>> limitation shall apply only
to contracts, grants, or cooperative agreements entered into after the
date of enactment of this Act using funds made available in this Act for
basic research.
Sec. 8102. The <<NOTE: Web link.>> Secretary of Defense shall
maintain on the homepage of the Internet website of the Department of
Defense a direct link to the Internet website of the Office of Inspector
General of the Department of Defense.
Sec. 8103. (a) Not <<NOTE: Deadline. Reports.>> later than 60 days
after enactment of this Act, the Office of the Director of National
Intelligence shall submit a report to the congressional intelligence
committees to establish the baseline for application of reprogramming
and transfer authorities for fiscal year 2010: Provided, That the report
shall include--
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None <<NOTE: Certification.>> of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.
Sec. 8104. The <<NOTE: Submission. 50 USC 415a-3.>> Director of
National Intelligence shall submit to Congress each year, at or about
the time that the President's budget is submitted to Congress that year
under section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting the
estimated expenditures and proposed appropriations included in that
budget. Any such future-years intelligence program shall cover the
fiscal year with respect to which the budget is submitted and at least
the four succeeding fiscal years.
Sec. 8105. For <<NOTE: Definition.>> the purposes of this Act, the
term ``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives, and the Subcommittee on Defense of the Committee on
Appropriations of the Senate.
Sec. 8106. The <<NOTE: Reports. Deadline.>> Department of Defense
shall continue to report incremental contingency operations costs for
Operation Iraqi Freedom and Operation Enduring Freedom on a monthly
basis in the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation Department of
Defense Instruction 7000.14, Volume 12, Chapter 23 ``Contingency
Operations'', Annex 1, dated September 2005.
Sec. 8107. The amounts appropriated in title II of this Act are
hereby reduced by $400,000,000 to reflect excess cash balances in
Department of Defense Working Capital Funds, as follows:
(1) From ``Operation and Maintenance, Army'', $150,000,000;
and
(2) From ``Operation and Maintenance, Air Force'',
$250,000,000.
[[Page 123 STAT. 3452]]
(including transfer of funds)
Sec. 8108. (a) Continuation of Stop-Loss Special Pay.--Funds
appropriated by this Act, or made available by the transfer of funds in
this Act, shall be made available to the Secretaries of the military
departments only to provide special pay during fiscal year 2010 to
members of the Army, Navy, Air Force, and Marine Corps, including
members of their reserve components, who, at any time during fiscal year
2010, serve on active duty while the members' enlistment or period of
obligated service is extended, or whose eligibility for retirement is
suspended, pursuant to section 123 or 12305 of title 10, United States
Code, or any other provision of law (commonly referred to as a ``stop-
loss authority'') authorizing the President to extend an enlistment or
period of obligated service, or suspend an eligibility for retirement,
of a member of the uniformed services in time of war or of national
emergency declared by Congress or the President.
(b) Special Pay Amount.--The amount of the special pay paid under
subsection (a) to or on behalf of an eligible member shall be $500 per
month for each month or portion of a month during fiscal year 2010 that
the member is retained on active duty as a result of application of the
stop-loss authority.
(c) Treatment of Deceased Members.--If an eligible member described
in subsection (a) dies before the payment required by this section is
made, the Secretary of the military department concerned shall make the
payment in accordance with section 2771 of title 10, United States Code.
(d) Clarification of Retroactive Stop-Loss Special Pay Authority.--
Section 310 of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1870) is amended by adding at the end the following
new subsection:
``(i) Effect of Subsequent Reenlistment of Voluntary Extension of
Service.--Members of the Armed Forces, retired members, and former
members otherwise described in subsection (a) are not eligible for a
payment under this section if the members--
``(1) voluntarily reenlisted or extended their service after
their enlistment or period of obligated service was extended, or
after their eligibility for retirement was suspended, pursuant
to a stop-loss authority; and
``(2) received a bonus for such reenlistment or extension of
service.''.
(including transfer of funds)
Sec. 8109. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
(including transfer of funds)
Sec. 8110. Of the funds appropriated in the Intelligence Community
Management Account for the Program Manager for the Information Sharing
Environment, $24,000,000 is available for
[[Page 123 STAT. 3453]]
transfer by the Director of National Intelligence to other departments
and agencies for purposes of Government-wide information sharing
activities: Provided, That funds transferred under this provision are to
be merged with and available for the same purposes and time period as
the appropriation to which transferred: Provided further, That the
Office of Management and Budget must approve any transfers made under
this provision.
Sec. 8111. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances to
the Defense Acquisition Workforce Development Fund in accordance with
the requirements of section 1705 of title 10, United States Code.
Sec. 8112. (a) High Priority National Guard Counterdrug Programs.--
Of the amount appropriated or otherwise made available by title VI under
the heading ``Drug Interdiction and Counter-Drug Activities, Defense'',
up to $15,000,000 shall be available for the purpose of High Priority
National Guard Counterdrug Programs.
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the purpose specified in that subsection is in
addition to any other amounts made available by this Act for that
purpose.
apology to native peoples of the united states
Sec. 8113. (a) Acknowledgment and Apology.--The United States,
acting through Congress--
(1) recognizes the special legal and political relationship
Indian tribes have with the United States and the solemn
covenant with the land we share;
(2) commends and honors Native Peoples for the thousands of
years that they have stewarded and protected this land;
(3) recognizes that there have been years of official
depredations, ill-conceived policies, and the breaking of
covenants by the Federal Government regarding Indian tribes;
(4) apologizes on behalf of the people of the United States
to all Native Peoples for the many instances of violence,
maltreatment, and neglect inflicted on Native Peoples by
citizens of the United States;
(5) expresses its regret for the ramifications of former
wrongs and its commitment to build on the positive relationships
of the past and present to move toward a brighter future where
all the people of this land live reconciled as brothers and
sisters, and harmoniously steward and protect this land
together;
(6) urges the President to acknowledge the wrongs of the
United States against Indian tribes in the history of the United
States in order to bring healing to this land; and
(7) commends the State governments that have begun
reconciliation efforts with recognized Indian tribes located in
their boundaries and encourages all State governments similarly
to work toward reconciling relationships with Indian tribes
within their boundaries.
(b) Disclaimer.--Nothing in this section--
(1) authorizes or supports any claim against the United
States; or
[[Page 123 STAT. 3454]]
(2) serves as a settlement of any claim against the United
States.
Sec. 8114. (a) <<NOTE: Web posting. Reports.>> Any agency receiving
funds made available in this Act, shall, subject to subsections (b) and
(c), post on the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the national
interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The <<NOTE: Time period.>> head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 8115. (a) It is the sense of Congress that--
(1) All of the National Nuclear Security Administration
sites, including the Nevada Test Site can play an effective and
essential role in developing and demonstrating--
(A) innovative and effective methods for treaty
verification and the detection of nuclear weapons and
other materials; and
(B) related threat reduction technologies; and
(2) the Administrator for Nuclear Security should expand the
mission of the Nevada Test Site to carry out the role described
in paragraph (1), including by--
(A) fully utilizing the inherent capabilities and
uniquely secure location of the Site;
(B) continuing to support the Nation's nuclear
weapons program and other national security programs;
and
(C) renaming the Site to reflect the expanded
mission of the Site.
(b) Not <<NOTE: Deadline. Infrastructure plan.>> later than one year
after the date of the enactment of this Act, the Administrator for
Nuclear Security shall submit to the congressional defense committees
and the Subcommittees on Energy and Water Development of the Committees
on Appropriations a plan for improving the infrastructure of the Nevada
Test Site of the National Nuclear Security Administration and, if the
Administrator deems appropriate, all other sites under the jurisdiction
of the National Nuclear Security Administration--
(1) to fulfill the expanded mission of the Site described in
subsection (a); and
(2) to make the Site available to support the threat
reduction programs of the entire national security community,
including threat reduction programs of the National Nuclear
Security Administration, the Defense Threat Reduction Agency,
the Department of Homeland Security, and other agencies as
appropriate.
Sec. 8116. (a) <<NOTE: Contracts. Time period.>> None of the funds
appropriated or otherwise made available by this Act may be expended for
any Federal contract for an amount in excess of $1,000,000 that is
awarded more than 60 days after the effective date of this Act, unless
the contractor agrees not to:
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising
[[Page 123 STAT. 3455]]
out of sexual assault or harassment, including assault and
battery, intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) None <<NOTE: Time period. Certification.>> of the funds
appropriated or otherwise made available by this Act may be expended for
any Federal contract awarded more than 180 days after the effective date
of this Act unless the contractor certifies that it requires each
covered subcontractor to agree not to enter into, and not to take any
action to enforce any provision of, any agreement as described in
paragraphs (1) and (2) of subsection (a), with respect to any employee
or independent contractor performing work related to such subcontract.
For purposes of this subsection, a ``covered subcontractor'' is an
entity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) The <<NOTE: Waiver authority. Determination.>> Secretary of
Defense may waive the application of subsection (a) or (b) to a
particular contractor or subcontractor for the purposes of a particular
contract or subcontract if the Secretary or the Deputy Secretary
personally determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the term of
the contract or subcontract is not longer than necessary to avoid such
harm. The determination shall set forth with specificity the grounds for
the waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests <<NOTE: Public information. Deadline.>> of the United States.
The Secretary of Defense shall transmit to Congress, and simultaneously
make public, any determination under this subsection not less than 15
business days before the contract or subcontract addressed in the
determination may be awarded.
Sec. 8117. (a) Prohibition on Conversion of Functions Performed by
Federal Employees to Contractor Performance.--None of the funds
appropriated or otherwise made available by this Act, or that remain
available for obligation for the Department of Defense from the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329), the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), and the Supplemental
Appropriations Act, 2009 (Public Law 111-32), may be used to begin or
announce the competition to award to a contractor or convert to
performance by a contractor any functions performed by Federal employees
pursuant to a study conducted under Office of Management and Budget
(OMB) Circular A-76.
(b) Exception.--The prohibition in subsection (a) shall not apply to
the award of a function to a contractor or the conversion
[[Page 123 STAT. 3456]]
of a function to performance by a contractor pursuant to a study
conducted under Office of Management and Budget (OMB) Circular A-76 once
all reporting and certifications required by section 325 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) have
been satisfactorily completed.
Sec. 8118. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or mission
essential business management information technology system that is not
registered with the Director of National <<NOTE: Notice.>> Intelligence.
A system shall be considered to be registered with that officer upon the
furnishing notice of the system, together with such information
concerning the system as the Director of the Business Transformation
Office may prescribe.
(2) During the current fiscal year no funds may be obligated or
expended for a financial management automated information system, a
mixed information system supporting financial and non-financial systems,
or a business system improvement of more than $3,000,000, within the
Intelligence Community without the approval of the Business
Transformation Investment Review Board.
(b) The <<NOTE: Deadlines. Reports.>> Director of the Business
Transformation Office shall provide the congressional intelligence
committees a semi-annual report of approvals under paragraph (1) no
later than March 30 and September 30 of each year. The report shall
include the results of the Business Transformation Investment Review
Board's semi-annual activities, and each report shall certify that the
following steps have been taken for systems approved under paragraph
(1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic analysis
that includes a calculation of the return on investment.
(3) Assurance the system is compatible with the enterprise-
wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with the
Chief Information Officer of the Intelligence Community.
(c) This section shall not apply to any programmatic or analytic
systems or programmatic or analytic system improvements.
(including transfer of funds)
Sec. 8119. In addition to funds made available elsewhere in this
Act, there is hereby appropriated $291,715,000, to remain available
until transferred: Provided, That these funds are appropriated to the
``Tanker Replacement Transfer Fund'' (referred to as ``the Fund''
elsewhere in this section): Provided further, That the Secretary of the
Air Force may transfer amounts in the Fund to ``Operation and
Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and
``Research, Development, Test and Evaluation, Air Force'', only for the
purposes of proceeding with a tanker acquisition program: Provided
further, That funds transferred shall be merged with and be available
for the same purposes and for the same time period as the appropriations
or fund to which transferred: Provided further, That this transfer
authority is in addition to any other transfer authority available to
the Department of Defense: Provided further,
That <<NOTE: Deadline. Notification.>> the Secretary of the Air Force
shall, not fewer than 15 days prior to making transfers using funds
provided in this section, notify the congressional defense committees in
writing of the details of any <<NOTE: Reports. Deadlines.>> such
transfer: Provided further, That
[[Page 123 STAT. 3457]]
the Secretary shall submit a report no later than 30 days after the end
of each fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation.
Sec. 8120. (a) Resettlement Support and Other Public Benefits for
Certain Iraqi Refugees.--Section 1244(g) of the Refugee Crisis in Iraq
Act of 2007 (subtitle C of title XII of division A of Public Law 110-
181; 122 Stat. 398) <<NOTE: 8 USC 1157 note.>> is amended by striking
``for a period not to exceed eight months'' and inserting ``to the same
extent, and for the same periods of time, as such refugees''.
(b) Resettlement Support and Other Public Benefits for Certain
Afghan Allies.--Section 602(b)(8) of the Afghan Allies Protection Act of
2009 (title VI of division F of Public Law 111-8; 123 Stat.
809) <<NOTE: 8 USC 1101 note.>> is amended by striking ``for a period
not to exceed 8 months'' and inserting ``to the same extent, and for the
same periods of time, as such refugees''.
Sec. 8121. (a) <<NOTE: Earmarks.>> Each congressionally directed
spending item specified in this Act or the explanatory statement
regarding this Act that is also identified in Senate Report 111-74 and
intended for award to a for-profit entity shall be subject to
acquisition regulations for full and open competition on the same basis
as each spending item intended for a for-profit entity that is contained
in the budget request of the President.
(b) Exceptions.--Subsection (a) shall not apply to any contract
awarded--
(1) by a means that is required by Federal statute,
including for a purchase made under a mandated preferential
program;
(2) pursuant to the Small Business Act (15 U.S.C. 631 et
seq.); or
(3) in an amount less than the simplified acquisition
threshold described in section 302A(a) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 252a(a)).
(c) Any congressionally directed spending item specified in this Act
or the explanatory statement regarding this Act that is intended for
award to a for-profit entity and is not covered by the competition
requirement specified in subsection (a), shall be awarded under full and
open competition, except that any contract previously awarded under full
and open competition that remains in effect during fiscal year 2010
shall be considered to have satisfied the conditions of full and open
competition.
(d) In <<NOTE: Definition.>> this section, the term
``congressionally directed spending item'' means the following:
(1) A congressionally directed spending item, as defined in
Rule XLIV of the Standing Rules of the Senate.
(2) A congressional earmark for purposes of rule XXI of the
House of Representatives.
Sec. 8122. None <<NOTE: Privatization.>> of the funds appropriated
or otherwise made available by this Act may be used to award to a
contractor or convert to performance by a contractor any functions
pursuant to a study conducted under Office of Management and Budget
(OMB) Circular A-76 or as part of a utility privatization authorized
under section 2688 of title 10, United States Code or under any other
provision of law, that are performed by Federal employees at the United
States Military Academy, West Point, as of the date of enactment of this
Act.
[[Page 123 STAT. 3458]]
Sec. 8123. None <<NOTE: ACORN.>> of the funds made available under
this Act may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 8124. The explanatory statement regarding this Act printed in
the House of Representatives section of the Congressional Record on or
about December 16, 2010, by the Chairman of the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives shall
have the same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory statement
of a committee of conference.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$9,958,840,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,388,601,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$778,722,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,667,376,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$293,137,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$37,040,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$31,337,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$19,822,000.
[[Page 123 STAT. 3459]]
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$824,966,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $9,500,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$47,821,154,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$5,475,925,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $3,430,258,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $9,216,319,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,490,900,000, of which:
(1) Not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi
Freedom and Operation Enduring Freedom; and
(2) Not <<NOTE: Deadlines.>> to exceed $1,570,000,000, to
remain available until expended, for payments to reimburse key
cooperating nations for logistical, military, and other support,
including access provided to United States military operations
in support of Operation Iraqi Freedom and Operation Enduring
Freedom, notwithstanding any other
provision <<NOTE: Notification.>> of law: Provided, That such
reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of
Management and Budget, may determine, in his discretion, based
on documentation determined by the Secretary of Defense to
adequately account for the support provided, and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate
congressional <<NOTE: Notification.>> committees: Provided
further, That these funds may be used for the purpose of
providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan,
[[Page 123 STAT. 3460]]
and 15 days following notification to the appropriate
congressional committees: Provided further,
That <<NOTE: Reports.>> the Secretary of Defense shall provide
quarterly reports to the congressional defense committees on the
use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $204,326,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $68,059,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $86,667,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $125,925,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $321,646,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $289,862,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for expenses directly relating to overseas
contingency operations by United States military forces, $5,000,000,000,
to remain available for obligation until expended: Provided, That of the
funds made available under this heading, the Secretary of Defense may
transfer these funds only to military personnel accounts, operation and
maintenance accounts, the defense health program appropriation, the Mine
Resistant Ambush Protected Vehicle Fund, and working capital funds
accounts: Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the same time
period, as the appropriation to
which <<NOTE: Notification. Deadline.>> transferred: Provided further,
That the Secretary shall notify the congressional defense committees 15
days prior to such transfer: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority available to the Department of Defense.
[[Page 123 STAT. 3461]]
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $6,562,769,000, to
remain available until September 30, 2011: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the provision
of equipment, supplies, services, training, facility and infrastructure
repair, renovation, and construction, and funding: Provided further,
That the authority to provide assistance under this heading is in
addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes
provided herein from any person, foreign government, or international
organization may be credited to this Fund and used for such
purposes: <<NOTE: Notification.>> Provided further, That the Secretary
of Defense shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and the
specific use of such
contributions: <<NOTE: Deadline. Notification.>> Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the congressional
defense committees in writing of the details of any such obligation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$1,238,219,000, to remain available until September 30, 2012.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$475,954,000, to remain available until September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,169,466,000, to remain available until
September 30, 2012.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$365,635,000, to remain available until September 30, 2012.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$5,800,516,000, to remain available until September 30, 2012.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$853,297,000, to remain available until September 30, 2012.
[[Page 123 STAT. 3462]]
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$50,700,000, to remain available until September 30, 2012.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $675,957,000, to remain available until September 30,
2012.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$241,018,000, to remain available until September 30, 2012.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$893,197,000, to remain available until September 30, 2012.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$736,501,000, to remain available until September 30, 2012.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$36,625,000, to remain available until September 30, 2012.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $256,819,000, to remain available until September 30, 2012.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,583,421,000, to remain available until September 30, 2012.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$480,780,000, to remain available until September 30, 2012.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $950,000,000, to remain available for
obligation until September 30, 2012, of which $575,000,000 shall be
available only for the <<NOTE: Deadline. Assessment.>> Army National
Guard: Provided, That the Chiefs of National Guard and Reserve
components shall, not later than 30 days after the enactment of this
Act, individually submit to the congressional defense committees the
modernization priority assessment for their respective National Guard or
Reserve component.
[[Page 123 STAT. 3463]]
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$6,281,000,000, to remain available until September 30, 2011: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, to procure, sustain,
transport, and field Mine Resistant Ambush Protected vehicles: Provided
further, That the Secretary shall transfer such funds only to
appropriations made available in this or any other Act for operation and
maintenance; procurement; research, development, test and evaluation;
and defense working capital funds to accomplish the purpose provided
herein: Provided further, That such transferred funds shall be merged
with and be available for the same purposes and the same time period as
the appropriation to which transferred: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That <<NOTE: Deadline. Notification.>> the Secretary shall, not fewer
than 10 days prior to making transfers from this appropriation, notify
the congressional defense committees in writing of the details of any
such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $57,962,000, to remain available until September 30,
2011.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $58,660,000, to remain available until September 30,
2011.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $39,286,000, to remain available until
September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $112,196,000, to remain available until
September 30, 2011.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$412,215,000.
[[Page 123 STAT. 3464]]
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,256,675,000, which shall be for operation and maintenance.
Drug Interdiction and Counter-drug Activities
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities'', $346,603,000, to remain available until September 30,
2011.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For an additional amount for ``Joint Improvised Explosive Device
Defeat Fund'', $1,762,010,000, to remain available until September 30,
2012.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $8,876,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2010.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up to
$4,000,000,000 between the appropriations or funds made available to the
Department of Defense <<NOTE: Notification.>> in this title: Provided,
That the Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided further, That
the authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and is subject
to the same terms and conditions as the authority provided in the
Department of Defense Appropriations Act, 2010: Provided further, That
the amount in this section is designated as being for overseas
deployments and other activities pursuant to sections 401(c)(4) and
423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Sec. 9003. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance or the ``Afghanistan Security Forces Fund'' provided in
this Act and executed in direct support of overseas contingency
operations in Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the
[[Page 123 STAT. 3465]]
purpose of this section, supervision and administration costs include
all in-house Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in Iraq and Afghanistan: (a) passenger motor
vehicles up to a limit of $75,000 per vehicle and (b) heavy and light
armored vehicles for the physical security of personnel or for force
protection purposes up to a limit of $250,000 per vehicle,
notwithstanding price or other limitations applicable to the purchase of
passenger carrying vehicles.
Sec. 9005. Not <<NOTE: Deadlines. Reports.>> to exceed
$1,200,000,000 of the amount appropriated in this title under the
heading ``Operation and Maintenance, Army'' may be used, notwithstanding
any other provision of law, to fund the Commander's Emergency Response
Program, for the purpose of enabling military commanders in Iraq and
Afghanistan to respond to urgent humanitarian relief and reconstruction
requirements within their areas of responsibility: Provided, That not
later than 45 days after the end of each fiscal year quarter, the
Secretary of Defense shall submit to the congressional defense
committees a report regarding the source of funds and the allocation and
use of funds during that quarter that were made available pursuant to
the authority provided in this section or under any other provision of
law for the purposes described herein: Provided further, That, of the
funds provided, $500,000,000 shall not be available until 5 days after
the Secretary of Defense has completed a thorough review of the
Commander's Emergency Response Program and provided a report on his
findings to the congressional defense committees.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to coalition
forces supporting military and stability operations in Iraq and
Afghanistan: Provided, That the <<NOTE: Deadline. Reports.>> Secretary
of Defense shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9007. Each amount in this title is designated as being for
overseas deployments and other activities pursuant to section 401(c)(4)
and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
Sec. 9008. None <<NOTE: Iraq. Afghanistan.>> of the funds
appropriated or otherwise made available by this or any other Act shall
be obligated or expended by the United States Government for a purpose
as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9009. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
[[Page 123 STAT. 3466]]
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 9010. (a) <<NOTE: Deadlines. Reports.>> The Director of the
Office of Management and Budget, in consultation with the Secretary of
Defense; the Commander of the United States Central Command; the
Commander, Multi-National Security Transition Command--Iraq; and the
Commander, Combined Security Transition Command--Afghanistan, shall
submit to the congressional defense committees not later than 45 days
after the end of each fiscal quarter a report on the proposed use of all
funds appropriated by this or any prior Act under each of the headings
``Iraq Security Forces Fund'', ``Afghanistan Security Forces Fund'', and
``Pakistan Counterinsurgency Fund'' on a project-by-project basis, for
which the obligation of funds is anticipated during the 3-month period
from such date, including estimates by the commanders referred to in
this section of the costs required to complete each such project.
(b) The report required by this subsection shall include the
following:
(1) The use of all funds on a project-by-project basis for
which funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of the
report, including estimates by the commanders referred to in
subsection (a) of the costs to complete each project.
(2) The use of all funds on a project-by-project basis for
which funds were appropriated under the headings referred to in
subsection (a) in prior appropriations Acts, or for which funds
were made available by transfer, reprogramming, or allocation
from other headings in prior appropriations Acts, including
estimates by the commanders referred to in subsection (a) of the
costs to complete each project.
(3) An estimated total cost to train and equip the Iraq,
Afghanistan, and Pakistan security forces, disaggregated by
major program and sub-elements by force, arrayed by fiscal year.
(c) The <<NOTE: Notification.>> Secretary of Defense shall notify
the congressional defense committees of any proposed new projects or
transfers of funds between sub-activity groups in excess of $20,000,000
using funds appropriated by this or any prior Act under the headings
``Iraq Security Forces Fund'', ``Afghanistan Security Forces Fund'', and
``Pakistan Counterinsurgency Fund''.
Sec. 9011. (a) <<NOTE: Detainees. Cuba.>> None of the funds made
available in this or any other Act may be used to release an individual
who is detained, as of June 24, 2009, at Naval Station, Guantanamo Bay,
Cuba, into the continental United States, Alaska, Hawaii, or the
District of Columbia, into any of the United States territories of Guam,
American Samoa (AS), the United States Virgin Islands (USVI), the
Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana
Islands (CNMI).
[[Page 123 STAT. 3467]]
(b) None of the funds made available in this or any other Act may be
used to transfer an individual who is detained, as of June 24, 2009, at
Naval Station, Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, into any of the United
States territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of
detention, except as provided in subsection (c).
(c) None <<NOTE: Deadline.>> of the funds made available in this or
any other Act may be used to transfer an individual who is detained, as
of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the
continental United States, Alaska, Hawaii, or the District of Columbia,
into any of the United States territories of Guam, American Samoa (AS),
the United States Virgin Islands (USVI), the Commonwealth of Puerto Rico
and the Commonwealth of the Northern Mariana Islands (CNMI), for the
purposes of prosecuting such individual, or detaining such individual
during legal proceedings, until 45 days after the plan described in
subsection (d) is received.
(d) The <<NOTE: President. Classified information. Disposition
plan.>> President shall submit to Congress, in classified form, a plan
regarding the proposed disposition of any individual covered by
subsection (c) who is detained as of June 24, 2009. Such plan shall
include, at a minimum, each of the following for each such individual:
(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental United
States, Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were so transferred.
(2) A determination of the risk that the individual might
advocate, coerce, or incite violent extremism, ideologically
motivated criminal activity, or acts of terrorism, among inmate
populations at incarceration facilities within the continental
United States, Alaska, Hawaii, the District of Columbia, or the
United States territories if the individual were transferred to
such a facility.
(3) The costs associated with transferring the individual in
question.
(4) The legal rationale and associated court demands for
transfer.
(5) A plan for mitigation of any risks described in
paragraphs (1), (2), and (7).
(6) A <<NOTE: Notification. Certification. Deadline.>> copy
of a notification to the Governor of the State to which the
individual will be transferred, to the Mayor of the District of
Columbia if the individual will be transferred to the District
of Columbia, or to any United States territories with a
certification by the Attorney General of the United States in
classified form at least 14 days prior to such transfer
(together with supporting documentation and justification) that
the individual poses little or no security risk to the United
States.
(7) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer and the actions taken to mitigate such risk.
(e) None <<NOTE: President. Classified information. Deadline.>> of
the funds made available in this or any other Act may be used to
transfer or release an individual detained
[[Page 123 STAT. 3468]]
at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to the
country of such individual's nationality or last habitual residence or
to any other country other than the United States or to a freely
associated State, unless the President submits to the Congress, in
classified form, at least 15 days prior to such transfer or release, the
following information:
(1) The name of any individual to be transferred or released
and the country or the freely associated State to which such
individual is to be transferred or released.
(2) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer or release and the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or the
freely associated State for the acceptance of such individual,
including the amount of any financial assistance related to such
agreement.
(f) In <<NOTE: Definition.>> this section, the term ``freely
associated States'' means the Federated States of Micronesia (FSM), the
Republic of the Marshall Islands (RMI), and the Republic of Palau.
(g) Prior <<NOTE: President. Reports. Classified information.>> to
the termination of detention operations at Naval Station, Guantanamo
Bay, Cuba, the President shall submit to the Congress a report in
classified form describing the disposition or legal status of each
individual detained at the facility as of the date of enactment of this
Act.
Sec. 9012. (a) Funding for Outreach and Reintegration Services Under
Yellow Ribbon Reintegration Program.--Of the amounts appropriated or
otherwise made available by title IX, up to $20,000,000 may be available
for outreach and reintegration services under the Yellow Ribbon
Reintegration Program under section 582(h) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
125; 10 U.S.C. 10101 note).
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the services described in that subsection is in
addition to any other amounts available in this Act for such services.
This division may be cited as the ``Department of Defense
Appropriations Act, 2010''.
DIVISION B--OTHER MATTERS
Sec. 1001. There are hereby appropriated such sums as may be
necessary, for an additional amount for ``Food and Nutrition Service--
Supplemental Nutrition Assistance Program'' for necessary current year
expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.): Provided, That such amount shall be used only in such amounts
and at such times as may become necessary to carry out program
operations: Provided further, That amounts so appropriated are
designated as emergency requirements and necessary to meet emergency
needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year 2010.
Sec. 1002. (a) In General.--For the costs of State administrative
expenses associated with administering the supplemental nutrition
assistance program established under the Food and Nutrition
[[Page 123 STAT. 3469]]
Act of 2008 (7 U.S.C. 2011 et seq.), there are hereby appropriated
$400,000,000, which shall remain available until September 30, 2011.
(b) Allocation of Funds.--Funds <<NOTE: Grants.>> described in
subsection (a) shall be made available as grants to State agencies as
follows--
(1) 75 percent of the amounts available shall be allocated
to States based on the share of each State of households that
participate in the supplemental nutrition assistance program as
reported to the Department of Agriculture for the most recent
12-month period for which data are available, adjusted by the
Secretary (as of the date of enactment) for participation in
disaster programs under section 5(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(h));
(2) 25 percent of the amounts available shall be allocated
to States based on the increase in the number of households that
participate in the supplemental nutrition assistance program as
reported to the Department of Agriculture over the most recent
12-month period for which data are available, adjusted by the
Secretary (as of the date of enactment) for participation in
disaster programs under section 5(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(h)); and
(3) Not <<NOTE: Deadline.>> later than 60 days after the
date of enactment of this Act, the Secretary shall make
available to States amounts based on paragraphs (1) and (2) of
this subparagraph.
(c) Reallocation of Funds.--Funds unobligated at the State level in
fiscal year 2010 may be recovered and reallocated to the States in
fiscal year 2011.
(d) Emergency Designation.--Amounts in this section are designated
as emergency requirements and necessary to meet emergency needs pursuant
to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Sec. 1003. (a) Amendments to Section 119 of Title 17, United States
Code.--
(1) In general.--Section 119 of title 17, United States
Code, is amended--
(A) in subsection (c)(1)(E), by striking ``December
31, 2009'' and inserting ``February 28, 2010''; and
(B) in subsection (e), by striking ``December 31,
2009'' and inserting ``February 28, 2010''.
(2) Termination <<NOTE: 17 USC 119 note.>> of license.--
(A) Termination.--Section 119 of title 17, United
States Code, as amended by paragraph (1), shall cease to
be effective on February 28, 2010.
(B) Conforming amendment.--
Section <<NOTE: Repeal.>> 4(a) of the Satellite Home
Viewer Act of 1994 (17 U.S.C. 119 note; Public Law 103-
369) is repealed.
(b) Amendments to Communications Act of 1934.--Section 325(b) of the
Communications Act of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2)(C), by striking ``December 31, 2009''
and inserting ``February 28, 2010''; and
(2) in paragraph (3)(C), by striking ``January 1, 2010''
each place it appears in clauses (ii) and (iii) and inserting
``March 1, 2010''.
[[Page 123 STAT. 3470]]
(c) Emergency Designation.--Amounts in this section are designated
as emergency requirements and necessary to meet emergency needs pursuant
to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Sec. 1004. (a) USA PATRIOT Improvement and Reauthorization Act of
2005.--Section 102(b)(1) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat.
195) <<NOTE: 50 USC 1805 and note, 1861, 1862.>> is amended by striking
``December 31, 2009'' and inserting ``February 28, 2010''.
(b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3742; 50 U.S.C. 1801 note) is
amended by striking ``December 31, 2009'' and inserting ``February 28,
2010''.
Sec. 1005. Section 129 of the Continuing Appropriations Resolution,
2010 (Public Law 111-68) <<NOTE: Ante, p. 2047.>> is amended by striking
``by substituting'' and all that follows through the period at the end,
and inserting ``by substituting February 28, 2010 for the date specified
in each such section.''.
Sec. 1006. (a) There is hereby appropriated $125,000,000, for an
additional amount for ``Small Business Administration--Business Loans
Program Account'' for fee reductions and eliminations under section 501
of division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5) and for the cost of guaranteed loans under section
502 of such division: Provided, That such cost shall be as defined in
section 502 of the Congressional Budget Act of 1974.
(b) Section 502(f) of division A of the American Recovery and
Reinvestment Act of 2009 <<NOTE: Ante, p. 153.>> is amended by striking
``the date 12 months after the date of enactment of this Act'' and
inserting ``February 28, 2010''.
(c) Amounts in this section are designated as emergency requirements
and necessary to meet emergency needs pursuant to sections 403 and
423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
Sec. 1007. (a) Payment.--The <<NOTE: North Carolina.>> Secretary of
the Interior may make a payment to Swain County, North Carolina, in an
amount of $12,800,000, in connection with the non-construction of the
North Shore Road: Provided, That $4,000,000 shall be available for
obligation upon enactment of this Act: Provided further, That remaining
amounts shall not be available for obligation until 120 days following
signature of an agreement between the Secretary of the Interior, Swain
County, the State of North Carolina, and the Tennessee Valley Authority
that supersedes the agreement of July 30, 1943, related to the
construction of North Shore Road between the Secretary, the County, the
State, and the Authority. For this payment, there is hereby appropriated
$6,800,000, to remain available until expended, and an amount of
$6,000,000 from unobligated balances available to the Department of the
Interior from prior appropriations to the ``Construction'' account for
the National Park Service.
(b) Rescission.--Of the funds appropriated in the Department of
Transportation and Related Agencies Appropriations Act, 2001 (Public Law
106-346), in section 378 for construction of, and improvements to, North
Shore Road in Swain County, North Carolina, $6,800,000 is hereby
permanently rescinded.
[[Page 123 STAT. 3471]]
Sec. 1008. (a) For purposes of the continued extension of surface
transportation programs and related authority to make expenditures from
the Highway Trust Fund and other trust funds under sections 157 through
162 of the Continuing Appropriations Resolution, 2010, the date
specified in section 106(3) <<NOTE: Ante, p. 2045.>> of such resolution
shall be deemed to be February 28, 2010.
(b) Section 158(c) is <<NOTE: Ante, p. 2051.>> amended by striking
the period at the end and inserting ``except for the rescission made by
section 123 of division I of the Omnibus Appropriations Act, 2009. The
amount made available for each of the apportioned Federal-aid highway
programs under subsection (a) shall be reduced by an amount equaling
$33,401,492 multiplied by the amount calculated under subsection (a) and
divided by $23,941,505,262''.
Sec. 1009. (a)(1) Section 4007 of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(A) by striking ``December 31, 2009'' each place it appears
and inserting ``February 28, 2010'';
(B) in the heading for subsection (b)(2), by striking
``December 31, 2009'' and inserting ``February 28, 2010''; and
(C) in subsection (b)(3), by striking ``May 31, 2010'' and
inserting ``July 31, 2010''.
(2) Section 2002(e) of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C.
3304 note; 123 Stat. 438), is amended--
(A) in paragraph (1)(B), by striking ``before January 1,
2010'' and inserting ``on or before February 28, 2010'';
(B) in the heading for paragraph (2), by striking ``January
1, 2010'' and inserting ``February 28, 2010''; and
(C) in paragraph (3), by striking ``June 30, 2010'' and
inserting ``August 31, 2010''.
(3) Section 2005 of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C.
3304 note; 123 Stat. 444), is amended--
(A) by striking ``January 1, 2010'' each place it appears
and inserting ``February 28, 2010''; and
(B) in subsection (c), by striking ``June 1, 2010'' and
inserting ``July 31, 2010''.
(4) Section 5 of the Unemployment Compensation Extension Act of 2008
(Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``May
30, 2010'' and inserting ``July 31, 2010''.
(b) Section 4004(e)(1) of the Supplemental Appropriations Act, 2008
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``by
reason of'' and all that follows and inserting the following: ``by
reason of--
``(A) the amendments made by section 2001(a) of the
Assistance for Unemployed Workers and Struggling
Families Act;
``(B) the amendments made by sections 2 through 4 of
the Worker, Homeownership, and Business Assistance Act
of 2009; and
``(C) the amendments made by section 1009 of the
Department of Defense Appropriations Act, 2010; and''.
(c) Amounts in this section are designated as emergency requirements
and necessary to meet emergency needs pursuant to sections 403 and
423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on
the budget for fiscal year 2010.
[[Page 123 STAT. 3472]]
Sec. 1010. (a) Extension of Eligibility Period.--Subsection
(a)(3)(A) of section 3001 of division B of the American Recovery and
Reinvestment Act of 2009 <<NOTE: 26 USC 6432 note.>> (Public Law 111-5)
is amended by striking ``December 31, 2009'' and inserting ``February
28, 2010''.
(b) Extension of Maximum Duration of Assistance.--Subsection
(a)(2)(A)(ii)(I) of such section is amended by striking ``9 months'' and
inserting ``15 months''.
(c) Rules Related to 2009 Extension.--Subsection (a) of such section
is further amended by adding at the end the following:
``(16) Rules related to 2009 extension.--
``(A) Election to pay premiums retroactively and
maintain cobra coverage.--In the case of any premium for
a period of coverage during an assistance eligible
individual's transition period, such individual shall be
treated for purposes of any COBRA continuation provision
as having timely paid the amount of such premium if--
``(i) such individual was covered under the
COBRA continuation coverage to which such premium
relates for the period of coverage immediately
preceding such transition period, and
``(ii) such <<NOTE: Deadlines.>> individual
pays, not later than 60 days after the date of the
enactment of this paragraph (or, if later, 30 days
after the date of provision of the notification
required under subparagraph (D)(ii)), the amount
of such premium, after the application of
paragraph (1)(A).
``(B) Refunds and credits for retroactive premium
assistance eligibility.--In <<NOTE: Applicability.>> the
case of an assistance eligible individual who pays, with
respect to any period of COBRA continuation coverage
during such individual's transition period, the premium
amount for such coverage without regard to paragraph
(1)(A), rules similar to the rules of paragraph (12)(E)
shall apply.
``(C) Transition period.--
``(i) In general.--
For <<NOTE: Definition.>> purposes of this
paragraph, the term `transition period' means,
with respect to any assistance eligible
individual, any period of coverage if--
``(I) such period begins before the
date of the enactment of this paragraph,
and
``(II) paragraph (1)(A) applies to
such period by reason of the amendment
made by section 1010(b) of the
Department of Defense Appropriations
Act, 2010.
``(ii) Construction.--Any period during the
period described in subclauses (I) and (II) of
clause (i) for which the applicable premium has
been paid pursuant to subparagraph (A) shall be
treated as a period of coverage referred to in
such paragraph, irrespective of any failure to
timely pay the applicable premium (other than
pursuant to subparagraph (A)) for such period.
``(D) Notification.--
``(i) In general.--In <<NOTE: Deadlines.>> the
case of an individual who was an assistance
eligible individual at any time on or after
October 31, 2009, or experiences a qualifying
event (consisting of termination of employment)
[[Page 123 STAT. 3473]]
relating to COBRA continuation coverage on or
after such date, the administrator of the group
health plan (or other entity) involved shall
provide an additional notification with
information regarding the amendments made by
section 1010 of the Department of Defense
Appropriations Act, 2010, within 60 days after the
date of the enactment of such Act or, in the case
of a qualifying event occurring after such date of
enactment, consistent with the timing of
notifications under paragraph (7)(A).
``(ii) To individuals who lost assistance.--In
the case of an assistance eligible individual
described in subparagraph (A)(i) who did not
timely pay the premium for any period of coverage
during such individual's transition period or paid
the premium for such period without regard to
paragraph (1)(A), the administrator of the group
health plan (or other entity) involved shall
provide to such individual, within the first 60
days of such individual's transition period, an
additional notification with information regarding
the amendments made by section 1010 of the
Department of Defense Appropriations Act, 2010,
including information on the ability under
subparagraph (A) to make retroactive premium
payments with respect to the transition period of
the individual in order to maintain COBRA
continuation coverage.
``(iii) Application of rules.--Rules similar
to the rules of paragraph (7) shall apply with
respect to notifications under this
subparagraph.''.
(d) Clarification That Eligibility and Notice Is Based on Timing of
Qualifying Event.--Subsection (a) of such section is amended--
(1) in paragraph (3)(A)--
(A) by striking ``at any time'' and inserting ``such
qualified beneficiary is eligible for COBRA continuation
coverage related to a qualifying event occurring''; and
(B) by striking ``, such qualified beneficiary is
eligible for COBRA continuation coverage''; and
(2) in paragraph (7)(A), by striking ``become entitled to
elect COBRA continuation coverage'' and inserting ``have a
qualifying event relating to COBRA continuation coverage''.
(e) Effective Date.--The <<NOTE: 26 USC 6432 note.>> amendments made
by this section shall take effect as if included in the provisions of
section 3001 of division B of the American Recovery and Reinvestment Act
of 2009 to which they relate.
(f) Emergency Designations.--
(1) In general.--Amounts in this section are designated as
emergency requirements and necessary to meet emergency needs
pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
(2) PAYGO.--All applicable provisions in this section are
designated as an emergency for purposes of pay-as-you-go
principles.
Sec. 1011. (a) In General.--Section 1848(d) of the Social Security
Act (42 U.S.C. 1395w-4(d)) is amended by adding at the end the following
new paragraph:
[[Page 123 STAT. 3474]]
``(10) Update <<NOTE: Time periods.>> for portion of 2010.--
``(A) In general.--Subject to paragraphs (7)(B),
(8)(B), and (9)(B), in lieu of the update to the single
conversion factor established in paragraph (1)(C) that
would otherwise apply for 2010 for the period beginning
on January 1, 2010, and ending on February 28, 2010, the
update to the single conversion factor shall be 0
percent for 2010.
``(B) No effect on computation of conversion factor
for remaining portion of 2010 and subsequent years.--The
conversion factor under this subsection shall be
computed under paragraph (1)(A) for the period beginning
on March 1, 2010, and ending on December 31, 2010, and
for 2011 and subsequent years as if subparagraph (A) had
never applied.''.
(b) Funding From Medicare Improvement Fund.--Section 1898(b)(1) of
such Act (42 U.S.C. 1395iii(b)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$22,290,000,000'' and inserting
``$20,740,000,000''; and
(B) by striking ``and'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) fiscal year 2015, $550,000,000; and''.
Sec. 1012. Notwithstanding <<NOTE: Guidelines. Publication. Time
period.>> any other provision of law, the Secretary of Health and Human
Services shall not publish updated poverty guidelines for 2010 under
section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42
U.S.C. 9902(2)) before March 1, 2010, and the poverty guidelines
published under such section on January 23, 2009, shall remain in effect
until updated poverty guidelines are published.
Sec. 1013. From <<NOTE: Rescission.>> the ``National
Telecommunications and Information Administration--Digital-to-Analog
Converter Box Program'' in the Department of Commerce, $128,000,000 is
hereby rescinded.
Sec. 1014. The explanatory statement regarding this Act printed in
the House of Representatives section of the Congressional Record on or
about December 16, 2010, by the Chairman of the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives shall
have the same effect with respect
[[Page 123 STAT. 3475]]
to the allocation of funds and implementation of this Act as if it were
a joint explanatory statement of a committee of conference.
Approved December 19, 2009.
LEGISLATIVE HISTORY--H.R. 3326:
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HOUSE REPORTS: No. 111-230 (Comm. on Appropriations).
SENATE REPORTS: No. 111-74 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 155 (2009):
July 29, 30, considered and passed House.
Sept. 24, 25, 29, 30, Oct. 1, 6, considered and passed
Senate, amended.
Dec. 16, House concurred in Senate amendment with an
amendment. Senate considered House amendment.
Dec. 17-19, Senate considered and concurred in House
amendment.
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