# Supplemental Appropriations Act, 2009/Title X
## TITLE X—DEPARTMENT OF DEFENSE
### MILITARY CONSTRUCTION, ARMY

       For an additional amount for `Military Construction, Army', $1,326,231,000, of which $680,850,000 shall remain available until September 30, 2010, and of which $645,381,000 for child development centers, warrior in transition facilities, hurricane damage repair, and planning and design shall remain available until September 30, 2013:
          Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law:
          Provided further, That of the funds provided under this heading, not to exceed $68,081,000 shall be available for study, planning, design, and architect and engineer services:
          Provided further, That none of the funds provided under this heading for military construction projects in Afghanistan shall be obligated or expended until the Secretary of Defense certifies to the Committees on Appropriations of both Houses of Congress that a prefinancing statement for each project has been submitted to the North Atlantic Treaty Organization (NATO) for consideration of funding by the NATO Security Investment Program:
          Provided further, That, notwithstanding any other provision of this Act, of the funds provided under this heading, $143,242,000 are designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the Concurrent Resolution on the Budget for Fiscal Year 2010:
          Provided further, That of the funds appropriated for `Military Construction, Army' under Public Law 110-252, $143,242,000 are hereby rescinded.

### MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

       For an additional amount for `Military Construction, Navy and Marine Corps', $235,881,000, to remain available until September 30, 2013:
          Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law:
          Provided further, That of the funds provided under this heading, not to exceed $11,000,000 shall be available for study, planning, design, and architect and engineer services.

### MILITARY CONSTRUCTION, AIR FORCE

       For an additional amount for `Military Construction, Air Force', $281,620,000, of which $258,150,000 shall remain available until September 30, 2010, and of which $23,470,000 for child development centers and planning and design shall remain available until September 30, 2013:
          Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law:
          Provided further, That of the funds provided under this heading, not to exceed $12,070,000 shall be available for study, planning, design, and architect and engineer services:
          Provided further, That none of the funds provided under this heading for military construction projects in Afghanistan shall be obligated or expended until the Secretary of Defense certifies to the Committees on Appropriations of both Houses of Congress that a prefinancing statement for each project has been submitted to the North Atlantic Treaty Organization (NATO) for consideration of funding by the NATO Security Investment Program.

### MILITARY CONSTRUCTION, DEFENSE-WIDE

       For an additional amount for `Military Construction, Defense-Wide', $661,552,000, to remain available until September 30, 2013:
          Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law:
          Provided further, That of the amount provided under this heading, $169,500,000 shall be for the construction of a National Security Agency data center and $488,000,000 shall be for the construction of hospitals:
          Provided further, That $1,589,500,000 is hereby authorized for the National Security Agency data center for fiscal years 2009 through 2013 for the purposes of this appropriation:
          Provided further, That not later than 30 days after the enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for the funds provided for hospital construction under this heading.

### NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

       For an additional amount for `North Atlantic Treaty Organization Security Investment Program', $100,000,000, to remain available until expended:
          Provided, That notwithstanding any other provision of law, such funds are authorized for the North Atlantic Treaty Security Investment Program for purposes of section 2806 of title 10, United States Code, and section 2502 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110-417).

### DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

       For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), $263,300,000, to remain available until expended:
          Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out operation and maintenance, planning and design and military construction projects not otherwise authorized by law.

### GENERAL PROVISIONS—THIS TITLE
#### SEC. 1001.

    None of the funds appropriated in this or any other Act may be used to disestablish, reorganize, or relocate the Armed Forces Institute of Pathology, except for the Armed Forces Medical Examiner and the National Museum of Health and Medicine, until the President has established, as required by section 722 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint Pathology Center, and the Joint Pathology Center is demonstrably performing the minimum requirements set forth in section 722 of the National Defense Authorization Act for Fiscal Year 2008.

#### SEC. 1002.

    (a) ENTITLEMENT—
       Section 3311 of title 38, United States Code, is amended—
          (1) in subsection (b), by adding at the end the following new paragraph:
                ``(9) An individual who is the child of a person who, on or after September 11, 2001, dies in line of duty while serving on active duty as a member of the Armed Forces.'; and
          (2) by adding at the end the following new subsection:
             ``(f) Marine Gunnery Sergeant John David Fry Scholarship-
                ``(1) IN GENERAL— Educational assistance payable by reason of paragraph (9) of subsection (b) shall be known as the `Marine Gunnery Sergeant John David Fry scholarship'.
                ``(2) DEFINITION OF CHILD— For purposes of that paragraph, the term `child' includes a married individual or an individual who is above the age of twenty-three years.'.
    (b) AMOUNT—
       Section 3313(c)(1) of such title is amended by striking `section 3311(b)(1) or 3311(b)(2)' and inserting `paragraph (1), (2), or (9) of section 3311(b)'.
    (c) TIME LIMITATION FOR USE—
       Section 3321(b) of such title is amended by adding at the end the following new paragraph:
                ``(4) APPLICABILITY TO CHILDREN OF DECEASED MEMBERS— The period during which an individual entitled to educational assistance by reason of section 3311(b)(9) may use such individual's entitlement expires at the end of the 15-year period beginning on the date of such individual's eighteenth birthday.'.
    (d) EFFECTIVE DATE; APPLICABILITY—
          (1) EFFECTIVE DATE—
             The amendments made by this section shall take effect on August 1, 2009.
          (2) APPLICABILITY—
             The Secretary of Veterans Affairs shall begin making payments to individuals entitled to educational assistance by reason of paragraph (9) of section 3311(b) of title 38, United States Code, as added by subsection (a), by not later than August 1, 2010. In the case of an individual entitled to educational assistance by reason of such paragraph for the period beginning on August 1, 2009, and ending on July 31, 2010, the Secretary shall make retroactive payments to such individual for such period by not later than August 1, 2010.

## Notes

* ↑ (Including Rescession}