H. R. 3326

One Hundred Eleventh Congressof theUnited States of America
AT T H E F I R S T S E S S I O N
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine

An ActMaking appropriations for the Department of Defense for the fiscal year ending
September 30, 2010, and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

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

The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS
Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
Title IX—Overseas Contingency Operations
DIVISION B—OTHER MATTERS
SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘thisAct’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A—DEPARTMENT OF DEFENSEAPPROPRIATIONS
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:

H. R. 3326—2
TITLE IMILITARY PERSONNELMILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel(including all expenses thereof for organizational movements), andexpenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except membersof reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; andfor 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), andexpenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except membersof the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; andfor 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), andexpenses 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 (42U.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), andexpenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except membersof reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; andfor 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.

H. R. 3326—3
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, UnitedStates 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 whileserving on active duty under section 12301(d) of title 10, UnitedStates 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; andfor 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 Reserveon 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 equivalentduty, 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

H. R. 3326—4
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) oftitle 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 Departmentof 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 orother 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 IIOPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for theoperation and maintenance of the Army, as authorized by law;and not to exceed $12,478,000 can be used for emergencies andextraordinary expenses, to be expended on the approval or authorityof 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 theoperation 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 theoperation 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 theoperation and maintenance of the Air Force, as authorized by law;

H. R. 3326—5
and not to exceed $7,699,000 can be used for emergencies andextraordinary expenses, to be expended on the approval or authorityof the Secretary of the Air Force, and payments may be madeon 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 theoperation 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 beused for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, andpayments 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 bythis Act may be used to plan or implement the consolidation ofa 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 andmaintenance appropriations or research, development, test andevaluation 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 RESERVEFor expenses, not otherwise provided for, necessary for theoperation and maintenance, including training, organization, andadministration, 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, andequipment; and communications, $2,617,496,000.
OPERATION AND MAINTENANCE, NAVY RESERVEFor expenses, not otherwise provided for, necessary for theoperation and maintenance, including training, organization, andH. R. 3326—6
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, andequipment; and communications, $1,273,701,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVEFor expenses, not otherwise provided for, necessary for theoperation and maintenance, including training, organization, andadministration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel andtransportation; care of the dead; recruiting; procurement of services,supplies, and equipment; and communications, $223,175,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVEFor expenses, not otherwise provided for, necessary for theoperation and maintenance, including training, organization, andadministration, of the Air Force Reserve; repair of facilities andequipment; 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 forArmy personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units incompliance 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 ofsupplies 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 andrelated 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.

H. R. 3326—7
UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,932,000, of which not
to exceed $5,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $423,364,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required forenvironmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Departmentof the Army, or for similar purposes, transfer the funds madeavailable 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 transferredfrom 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 thisheading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $285,869,000, to remain available until transferred: Provided, That the Secretary of the Navyshall, 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 theNavy, 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, suchamounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this headingis in addition to any other transfer authority provided elsewherein this Act.
ENVIRONMENTAL RESTORATION, AIR FORCE(INCLUDING TRANSFER OF FUNDS)

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

H. R. 3326—8
available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with andto 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 transferredfrom 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 thisheading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $11,100,000, to remain available until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of
Defense, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of Defense, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, suchamounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this headingis in addition to any other transfer authority provided elsewherein this Act.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $292,700,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required forenvironmental 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 beavailable 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 transferredfrom 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 thisheading 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 (consistingof the programs provided under sections 401, 402, 404, 407, 2557,

H. R. 3326—9
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, forfacilitating the elimination and the safe and secure transportationand storage of nuclear, chemical and other weapons; for establishingprograms 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 fortransport 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 IIIPROCUREMENTAIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, andmodernization of aircraft, equipment, including ordnance, groundhandling 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; andprocurement and installation of equipment, appliances, andmachine tools in public and private plants; reserve plant andGovernment and contractor-owned equipment layaway; and otherexpenses necessary for the foregoing purposes, $5,093,822,000, toremain available for obligation until September 30, 2012.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, andmodernization of missiles, equipment, including ordnance, groundhandling 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H. R. 3326—10
procurement and installation of equipment, appliances, andmachine tools in public and private plants; reserve plant andGovernment and contractor-owned equipment layaway; and otherexpenses necessary for the foregoing purposes, $1,251,053,000, toremain available for obligation until September 30, 2012.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For construction, procurement, production, and modificationof 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, andconstruction prosecuted thereon prior to approval of title; andprocurement and installation of equipment, appliances, andmachine tools in public and private plants; reserve plant andGovernment and contractor-owned equipment layaway; and otherexpenses necessary for the foregoing purposes, $2,335,807,000, toremain available for obligation until September 30, 2012.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modificationof ammunition, and accessories therefor; specialized equipment andtraining devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, UnitedStates 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; andprocurement and installation of equipment, appliances, andmachine tools in public and private plants; reserve plant andGovernment and contractor-owned equipment layaway; and otherexpenses necessary for the foregoing purposes, $2,056,115,000, toremain available for obligation until September 30, 2012.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modificationof 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 topassenger vehicles but not to exceed $250,000 per vehicle; communications and electronic equipment; other support equipment; spareparts, 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, andconstruction prosecuted thereon prior to approval of title; andprocurement and installation of equipment, appliances, andmachine tools in public and private plants; reserve plant andGovernment and contractor-owned equipment layaway; and otherexpenses necessary for the foregoing purposes, $8,582,660,000, toremain available for obligation until September 30, 2012.

H. R. 3326—11
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, andmodernization of aircraft, equipment, including ordnance, spareparts, and accessories therefor; specialized equipment; expansionof public and private plants, including the land necessary therefor,and such lands and interests therein, may be acquired, andconstruction prosecuted thereon prior to approval of title; andprocurement and installation of equipment, appliances, andmachine tools in public and private plants; reserve plant andGovernmentandcontractor-owned
equipment
layaway,$18,643,221,000, to remain available for obligation until September
30, 2012.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, andmodernization 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; andprocurement and installation of equipment, appliances, andmachine tools in public and private plants; reserve plant andGovernmentandcontractor-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 modificationof ammunition, and accessories therefor; specialized equipment andtraining devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, UnitedStates 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; andprocurement and installation of equipment, appliances, andmachine tools in public and private plants; reserve plant andGovernment and contractor-owned equipment layaway; and otherexpenses necessary for the foregoing purposes, $800,651,000, toremain available for obligation until September 30, 2012.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, orconversion of vessels as authorized by law, including armor andarmament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plantand 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, andconstruction 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;

H. R. 3326—12
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; andFor 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 forthe construction of major components of such vessel: Provided further, That none of the funds provided under this heading shallbe 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 forphysical 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 landnecessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approvalof title; and procurement and installation of equipment, appliances,and machine tools in public and private plants; reserve plant andGovernmentandcontractor-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, andmodification of missiles, armament, military equipment, spareparts, and accessories therefor; plant equipment, appliances, andmachine 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 purchaseof passenger motor vehicles for replacement only; and expansionof public and private plants, including land necessary therefor,and such lands and interests therein, may be acquired, andconstruction prosecuted thereon prior to approval of title,

H. R. 3326—13$1,521,505,000, to remain available for obligation until September
30, 2012.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft andequipment, 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 insuch plants, erection of structures, and acquisition of land, forthe foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approvalof title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $13,295,474,000,
to remain available for obligation until September 30, 2012; Provided, That none of the funds provided in this Act for modificationof C–17 aircraft may be obligated until all C–17 contracts fundedwith prior year ‘‘Aircraft Procurement, Air Force’’ appropriatedfunds are definitized unless the Secretary of the Air Force certifies
in writing to the congressional defense committees that each suchobligation 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 alongwith 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, andsuch lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant andGovernment and contractor-owned equipment layaway; and otherexpenses necessary for the foregoing purposes including rents andtransportation of things, $5,995,544,000, to remain available forobligation until September 30, 2012.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modificationof ammunition, and accessories therefor; specialized equipment andtraining devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, UnitedStates 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; andprocurement and installation of equipment, appliances, andmachine tools in public and private plants; reserve plant andGovernment and contractor-owned equipment layaway; and otherexpenses necessary for the foregoing purposes, $801,550,000, toremain available for obligation until September 30, 2012.

H. R. 3326—14
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, andspare parts therefor, not otherwise provided for; the purchase ofpassenger motor vehicles for replacement only, and the purchaseof 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, andsuch lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant andGovernmentandcontractor-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 ofland 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 contractorowned equipment layaway, $4,050,537,000, to remain available forobligation until September 30, 2012.
DEFENSE PRODUCTION ACT PURCHASESFor activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $150,746,000,
to remain available until expended.
TITLE IVRESEARCH, DEVELOPMENT, TEST AND EVALUATIONRESEARCH, 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,

H. R. 3326—15$20,003,463,000, to remain available for obligation until September
30, 2011: Provided, That funds appropriated in this paragraphwhich are available for the V–22 may be used to meet uniqueoperational 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 determinedby 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, DEFENSEFor 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 inconnection therewith, $190,770,000, to remain available for obligation until September 30, 2011.
TITLE VREVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,455,004,000.
NATIONAL DEFENSE SEALIFT FUNDFor National Defense Sealift Fund programs, projects, andactivities, and for expenses of the National Defense Reserve Fleet,as established by section 11 of the Merchant Ship Sales Act of1946 (50 U.S.C. App. 1744), and for the necessary expenses tomaintain and preserve a U.S.-flag merchant fleet to serve thenational security needs of the United States, $1,672,758,000, toremain available until expended: Provided, That none of the funds
provided in this paragraph shall be used to award a new contractthat provides for the acquisition of any of the following major

H. R. 3326—16
components unless such components are manufactured in the
United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (engines, reduction
gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further, That the exercise of an option
in a contract awarded through the obligation of previously appropriated funds shall not be considered to be the award of a newcontract: Provided further, That the Secretary of the military department responsible for such procurement may waive the restrictionsin 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 toacquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMSDEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and healthcare programs of the Department of Defense as authorized bylaw, $29,243,428,000; of which $27,596,689,000 shall be for operation and maintenance, of which not to exceed one percent shallremain 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 provisionof 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, DEFENSEFor expenses, not otherwise provided for, necessary for thedestruction of the United States stockpile of lethal chemical agentsand munitions, to include construction of facilities, in accordancewith the provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the destructionof other chemical warfare materials that are not in the chemical
weapon stockpile, $1,560,760,000, of which $1,146,802,000 shallbe 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 toassist State and local governments; and $401,269,000, to remain

H. R. 3326—17
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, UnitedStates Code; for operation and maintenance; for procurement; andfor research, development, test and evaluation, $1,158,226,000: Provided, That the funds appropriated under this heading shall beavailable for obligation for the same time period and for the same
purpose as the appropriation to which transferred: Provided further,That upon a determination that all or part of the funds transferredfrom 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 thisheading 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 suchfunds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised Explosive Device Defeat
Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist
United States forces in the defeat of improvised explosive devices:
Provided further, That within 60 days of the enactment of thisAct, a plan for the intended management and use of the amounts
provided under this heading shall be submitted to the congressional
defense committees: Provided further, That the Secretary of Defense
shall submit a report not later than 60 days after the end ofeach fiscal quarter to the congressional defense committees providing assessments of the evolving threats, individual service
requirements to counter the threats, the current strategy forpredeployment 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; anddefense working capital funds to accomplish the purpose provided
herein: Provided further, That amounts transferred shall be mergedwith and available for the same purposes and time period as theappropriations to which transferred: Provided further, That thistransfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior toH. R. 3326—18
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 shallbe 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, shallbe for procurement.
TITLE VIIRELATED AGENCIESCENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITYSYSTEM FUND
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding levelfor 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 thisAct shall be used for publicity or propaganda purposes not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shallnot 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 increaseprovided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defensein the Republic of Turkey.

H. R. 3326—19
SEC. 8003. No part of any appropriation contained in thisAct shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriationsin 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 Defensethat 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 towhich 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 appropriatedand in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shallbe 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, thanthose for which originally appropriated and in no case where theitem for which reprogramming is requested has been denied by
the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section
shall be made prior to June 30, 2010: Provided further, That transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds
that may be transferred under this section: Provided further, Thatno 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, andactivities) contained in the tables titled ‘‘Explanation of Project
Level Adjustments’’ in the explanatory statement regarding thisAct, the obligation and expenditure of amounts appropriated orotherwise made available in this Act for those programs, projects,
and activities for which the amounts appropriated exceed theamounts 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 insubsection (a) shall not be treated as subdivisions of appropriations

H. R. 3326—20
for purposes of section 8005 of this Act: Provided, That section
8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after enactment of thisAct, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for applicationof 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 madeby Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;(2) a delineation in the table for each appropriation bothby budget activity and program, project, and activity as detailed
in the Budget Appendix; and(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to thecongressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees thatsuch 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 ‘‘Operationand 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 inworking capital funds of the Department of Defense establishedpursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,That transfers may be made between working capital funds andthe ‘‘Foreign Currency Fluctuations, Defense’’ appropriation andthe ‘‘Operation and Maintenance’’ appropriation accounts in suchamounts as may be determined by the Secretary of Defense, withthe approval of the Office of Management and Budget, except thatsuch transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except inamounts equal to the amounts appropriated to working capitalfunds 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 Congressprior to any such obligation.
SEC. 8010. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
SEC. 8011. None of the funds provided in this Act shall beavailable to initiate: (1) a multiyear contract that employs economicorder quantity procurement in excess of $20,000,000 in any one

H. R. 3326—21
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 theeconomic order quantity advance procurement is not funded atleast to the limits of the Government’s liability: Provided further,That no part of any appropriation contained in this Act shallbe 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 beterminated without 10-day prior notification to the congressional
defense committees: Provided further, That the execution ofmultiyear 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 theenactment of this Act unless in the case of any such contract—(1) the Secretary of Defense has submitted to Congressa 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 reportfor production beyond advance procurement activities in thefiscal 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 incurredcosts 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 fora multiyear procurement contract as follows:
F–18 aircraft variants.
SEC. 8012. Within the funds appropriated for the operationand maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligatedfor humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 ofchapter 20 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, UnitedStates Code: Provided, That funds available for operation andmaintenance shall be available for providing humanitarian andsimilar 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H. R. 3326—22
by Public Law 99–239: Provided further, That upon a determinationby 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 civilianpatients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States ofMicronesia, Palau, and Guam.
SEC. 8013. (a) During fiscal year 2010, the civilian personnelof the Department of Defense may not be managed on the basisof any end-strength, and the management of such personnel duringthat fiscal year shall not be subject to any constraint or limitation(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 2011 budget request for the Departmentof Defense as well as all justification material and other documentation supporting the fiscal year 2011 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2011.
(c) Nothing in this section shall be construed to apply to military(civilian) technicians.
SEC. 8014. None of the funds made available by this Act shallbe 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 shallbe available for the basic pay and allowances of any member ofthe Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Departmentof Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment:
Provided, That this section shall not apply to those members who
have reenlisted with this option prior to October 1, 1987: Provided
further, That this section applies only to active components of
the Army.
SEC. 8016. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after thedate 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-privatecompetition that includes a most efficient and cost effective
organization plan developed by such activity or function;(2) the Competitive Sourcing Official determines that, overall performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performanceof 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H. R. 3326—23(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defenseby—(A) not making an employer-sponsored health insurance plan available to the workers who are to be employedin the performance of that activity or function under thecontract; or(B) offering to such workers an employer-sponsoredhealth benefits plan that requires the employer to contribute less towards the premium or subscription sharethan 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 havefull 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 withthat 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-Determinationand 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 oftitle 10, United States Code.
(c) The conversion of any activity or function of the Departmentof Defense under the authority provided by this section shall becredited 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, andin compliance with, subsection (h) of section 2304 of title 10, UnitedStates 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 forthe 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 theauthority of this provision or any other transfer authority containedin this Act.
SEC. 8018. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments

H. R. 3326—24
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 andwelding (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 UnitedStates exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretaryof the service responsible for the procurement may waive thisrestriction on a case-by-case basis by certifying in writing to theCommittees on Appropriations that such an acquisition must be
made in order to acquire capability for national security purposes.
SEC. 8019. None of the funds available to the Departmentof 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 prohibitedfrom 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 forfurther use.
SEC. 8020. No more than $500,000 of the funds appropriatedor made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocationis required in the best interest of the Government.
SEC. 8021. In addition to the funds provided elsewhere inthis 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, UnitedStates 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 andinvolves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any
fiscal year: Provided further, That notwithstanding section 430 of
title 41, United States Code, this section shall be applicable to
any Department of Defense acquisition of supplies or services,
including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole orin part by any subcontractor or supplier defined in section 1544
of title 25, United States Code, or a small business owned andH. R. 3326—25
controlled by an individual or individuals defined under section
4221(9) of title 25, United States Code.
SEC. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.
SEC. 8023. None of the funds appropriated by this Act shallbe available to perform any cost study pursuant to the provisionsof OMB Circular A–76 if the study being performed exceeds theperiod permitted by section 322 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84).
SEC. 8024. During the current fiscal year, the Departmentof 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, notless 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 byan 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 toany defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a memberof 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 membershipduties.
(c) Notwithstanding any other provision of law, none of thefunds available to the department from any source during fiscal
year 2010 may be used by a defense FFRDC, through a fee orother payment mechanism, for construction of new buildings, forpayment of cost sharing for projects funded by Government grants,

H. R. 3326—26
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 morethan 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 MilitaryIntelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2011 budget request, submit a reportpresenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $125,200,000.
SEC. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That theseprocurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretaryof 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 toacquire capability for national security purposes: Provided further,That these restrictions shall not apply to contracts which are inbeing as of the date of the enactment of this Act.
SEC. 8028. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of theHouse 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 theCommittee on Appropriations of the House of Representatives.
SEC. 8029. During the current fiscal year, the Departmentof Defense may acquire the modification, depot maintenance andrepair of aircraft, vehicles and vessels as well as the productionof components and other Defense-related articles, through competition between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executiveof the military department or Defense Agency concerned, with powerof 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.

H. R. 3326—27
SEC. 8030. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that aforeign 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 Statesthat are covered by the agreement, the Secretary of Defense shallrescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreigncountry.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretaryof Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congressa report on the amount of Department of Defense purchases fromforeign 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 aparty.
(c) For purposes of this section, the term ‘‘Buy American Act’’means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
SEC. 8031. During the current fiscal year, amounts containedin 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 Statesof Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
and Minnesota relocatable military housing units located at Grand
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home
Air Force Base, Ellsworth Air Force Base, and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) The Secretary of the Air Force shall convey, at no costto 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 undersubsection (a) before submitting requests to the Secretary of the
Air Force under subsection (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognizedIndian tribe included on the current list published by the Secretaryof 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).

H. R. 3326—28
SEC. 8033. During the current fiscal year, appropriations which
are available to the Department of Defense for operation andmaintenance 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 theappropriations 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 forsale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2011 budget request for the Departmentof 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 basisthat 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 appropriationand not in the supply management business area or any otherarea or category of the Department of Defense Working CapitalFunds.
SEC. 8035. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2011: Provided, That funds appropriated,transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prioror 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 andintelligence information systems for the Services, the Unified andSpecified Commands, and the component commands.
SEC. 8037. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, 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 andcost 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 unlessthe entity, in expending the funds, complies with the Buy American

H. R. 3326—29
Act. For purposes of this subsection, the term ‘‘Buy American Act’’means title III of the Act entitled ‘‘An Act making appropriations
for the Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Madein America’’ inscription to any product sold in or shipped to theUnited States that is not made in America, the Secretary shalldetermine, in accordance with section 2410f of title 10, UnitedStates Code, whether the person should be debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased withappropriations 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 andproducts, provided that American-made equipment and products
are cost-competitive, quality-competitive, and available in a timely
fashion.
SEC. 8039. None of the funds appropriated by this Act shallbe 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 technologicalpromise, 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 specificconcern, or to insure that a new product or idea of a specificconcern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than
$25,000, contracts related to improvements of equipment thatis 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 suchcontract 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 orreassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senatethat 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

H. R. 3326—30(2) an Army field operating agency established to eliminate,mitigate, or counter the effects of improvised explosive devices,and, as determined by the Secretary of the Army, other similar
threats.
SEC. 8041. The Secretary of Defense, notwithstanding any otherprovision of law, acting through the Office of Economic Adjustmentof the Department of Defense, may use funds made available inthis Act under the heading ‘‘Operation and Maintenance, DefenseWide’’ to make grants and supplement other Federal funds inaccordance 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 fromthe 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, DefenseWide, 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 area direct result of a reduction in military force structure.
SEC. 8044. None of the funds appropriated or otherwise madeavailable in this Act may be obligated or expended for assistanceto the Democratic People’s Republic of Korea unless specificallyappropriated for that purpose.
SEC. 8045. Funds appropriated in this Act for operation andmaintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,allowances and other expenses which would otherwise be incurredagainst appropriations for the National Guard and Reserve whenmembers of the National Guard and Reserve provide intelligenceor 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 inthis section authorizes deviation from established Reserve andNational Guard personnel and training procedures.

H. R. 3326—31
SEC. 8046. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical
and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided, That the Service
Surgeons General may waive this section by certifying to thecongressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship andcapitation-based budgeting.
SEC. 8047. (a) None of the funds available to the Departmentof Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agencyof the United States except as specifically provided in an appropriations law.
SEC. 8048. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other thanthose produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply tothe purchase of ‘‘commercial items’’, as defined by section 4(12)of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
SEC. 8049. None of the funds in this Act may be used topurchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to thecongressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposesthat is not available from United States manufacturers.
SEC. 8050. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employeeof the Department of Defense who approves or implements thetransfer of administrative responsibilities or budgetary resourcesof any program, project, or activity financed by this Act to thejurisdiction of another Federal agency not financed by this Act
without the express authorization of Congress: Provided, That thislimitation shall not apply to transfers of funds expressly provided
for in Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
SEC. 8051. (a) Notwithstanding any other provision of law,none of the funds available to the Department of Defense for thecurrent fiscal year may be obligated or expended to transfer toanother nation or an international organization any defense articles
or services (other than intelligence services) for use in the activities

H. R. 3326—32
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 arenotified 15 days in advance of such transfer.
(b) This section applies to—(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VIIof 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 requirementsof all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to betransferred have been met; and(B) a statement of whether the items proposed to betransferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
SEC. 8052. None of the funds available to the Departmentof 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 employeewhen—(1) such costs are for a bonus or otherwise in excess ofthe normal salary paid by the contractor to the employee;and(2) such bonus is part of restructuring costs associatedwith 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, tobe merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in supportof 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 theperiod 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 becharged to any current appropriation account for the same purposeas the expired or closed account if—

H. R. 3326—33(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 toany 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 Departmentof 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 shallbe reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8055. (a) IN GENERAL.—Service as a member of the Alaska
Territorial Guard during World War II of any individual who washonorably 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, UnitedStates Code.
(b) APPLICABILITY.—Subsection (a) shall apply with respect toamounts 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 reasonof subsection (a) for any period before that date.
(c) WORLD WAR II DEFINED.—In this section, the term ‘‘WorldWar 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 byany person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amountof 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 shallbe available for such purposes without fiscal year limitation.
SEC. 8057. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a determination
under section 2690 of title 10, United States Code, may implement
cost-effective agreements for required heating facility modernizationin the Kaiserslautern Military Community in the Federal Republicof Germany: Provided, That in the City of Kaiserslautern suchagreements will include the use of United States anthracite as
the base load energy for municipal district heat to the UnitedStates Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base, furnishedH. R. 3326—34
heat may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United Statescoal as an energy source.
SEC. 8058. None of the funds appropriated in title IV of thisAct may be used to procure end-items for delivery to militaryforces 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 andleading to acceptance for operational use: Provided further, That
this restriction does not apply to programs funded within the
National Intelligence Program: Provided further, That the Secretaryof Defense may waive this restriction on a case-by-case basis bycertifying in writing to the Committees on Appropriations of theHouse of Representatives and the Senate that it is in the national
security interest to do so.
SEC. 8059. None of the funds made available in this Act may
be used to approve or license the sale of the F–22A advanced
tactical fighter to any foreign government: Provided, That the
Department of Defense may conduct or participate in studies,
research, design and other activities to define and develop a future
export version of the F–22A that protects classified and sensitive
information, technologies and U.S. warfighting capabilities.
SEC. 8060. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitationon the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of thelimitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense andthe 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 notdiscriminate against the same or similar defense items producedin the United States for that country.
(b) Subsection (a) applies with respect to—(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, andclothing 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 through7508, 8105, 8108, 8109, 8211, 8215, and 9404.
SEC. 8061. (a) None of the funds made available by this Act
may be used to support any training program involving a unitof 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 Secretaryof State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given

H. R. 3326—35
to all credible information available to the Department of State
relating to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if
he determines that such waiver is required by extraordinary circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a reportto the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training
program, the United States forces and the foreign security forces
involved in the training program, and the information relating
to human rights violations that necessitates the waiver.
SEC. 8062. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to develop,
lease or procure the T–AKE class of ships unless the main propulsion diesel engines and propulsors are manufactured in the UnitedStates by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-casebasis by certifying in writing to the Committees on Appropriationsof 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 purposesor there exists a significant cost or quality difference.
SEC. 8063. None of the funds appropriated or otherwise madeavailable by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8064. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start advanced
concept technology demonstration project or joint capability demonstration project may only be obligated 30 days after a report,
including a description of the project, the planned acquisition andtransition strategy and its estimated annual and total cost, hasbeen provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this restriction
on a case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
SEC. 8065. The Secretary of Defense shall provide a classified
quarterly report beginning 30 days after enactment of this Act,to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified
annex accompanying this Act.
SEC. 8066. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States
if such department or agency is more than 90 days in arrears
in making payment to the Department of Defense for goods orservices previously provided to such department or agency on areimbursable basis: Provided, That this restriction shall not apply
if the department is authorized by law to provide support to suchdepartment or agency on a nonreimbursable basis, and is providing

H. R. 3326—36
the requested support pursuant to such authority: Provided further,That the Secretary of Defense may waive this restriction on acase-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senatethat it is in the national security interest to do so.
SEC. 8067. Notwithstanding section 12310(b) of title 10, UnitedStates Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) oftitle 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
SEC. 8068. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition heldby 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 anentity 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 manufactureof ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Departmentof State.
SEC. 8069. Notwithstanding any other provision of law, theChief 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 inexcess 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 Chiefof the National Guard Bureau, or his designee, on a case-by-casebasis.
SEC. 8070. None of the funds appropriated by this Act shallbe used for the support of any nonappropriated funds activityof the Department of Defense that procures malt beverages andwine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation locatedin the United States unless such malt beverages and wine areprocured within that State, or in the case of the District ofColumbia, 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 bemade in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous withanother State: Provided further, That alcoholic beverages otherthan wine and malt beverages, in contiguous States and the Districtof 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

H. R. 3326—37
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 isauthorized to transfer such funds to other activities of the Federal
Government: Provided further, That the Secretary of Defense isauthorized to enter into and carry out contracts for the acquisitionof 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 thissection 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, andlocal law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
SEC. 8073. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter undersubsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10
U.S.C. 113 note) shall continue in effect to apply to disbursementsthat are made by the Department of Defense in fiscal year 2010.
SEC. 8074. In addition to amounts provided elsewhere in thisAct, $3,750,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, these funds shallbe 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, DefenseWide’’, $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 shallbe for the Arrow Missile Defense Program, of which $25,000,000
shall be for producing Arrow missile components in the UnitedStates 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 andto be available for the same time period and the same purposes
as the appropriation to which transferred: Provided further, Thatthe transfer authority provided under this provision is in addition
to any other transfer authority contained in this Act.

H. R. 3326—38(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 thisAct, the Secretary of the Navy shall transfer such funds to thefollowing 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; andLPD–17 Amphibious Transport Dock Program,$16,844,000.
Under the heading ‘‘Shipbuilding and Conversion,
Navy, 2005/2010’’:
New SSN, $18,702,000; andLPD–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 Departmentof 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 ofsection 7403(g) of title 38, United States Code, for occupations
listed in section 7403(a)(2) of title 38, United States Code, as
well as the following:
Pharmacists, Audiologists, Psychologists, Social Workers,
Othotists/Prosthetists, Occupational Therapists, Physical
Therapists, Rehabilitation Therapists, Respiratory Therapists,
Speech Pathologists, Dietitian/Nutritionists, Industrial Hygienists, Psychology Technicians, Social Service Assistants, Practical Nurses, Nursing Assistants, and Dental Hygienists:(A) The requirements of section 7403(g)(1)(A) of title
38, United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
SEC. 8079. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposesof section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2010 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2010.
SEC. 8080. None of the funds provided in this Act shall beavailable for obligation or expenditure through a reprogrammingof funds that creates or initiates a new program, project, or activity

H. R. 3326—39
unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
SEC. 8081. In addition to funds made available elsewhere inthis 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 andtextbook purchases, professional development for educators, andstudent transition support) to public schools in states that areconsidered overseas assignments with unusually high concentrations of special needs military dependents enrolled: Provided, Thatup 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 appropriatedfunds under this section shall be available to public schools thathave 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 publicschools with unusually high concentrations of active duty militarydependents 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 withthese Federal funds to provide assistance for the authorized purpose.
SEC. 8082. (a) In addition to the amounts provided elsewherein this Act, $3,000,000 is hereby appropriated to the Departmentof 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 toopportunities 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 (29U.S.C. 186(c)(9)), for the purposes set forth in section 6(b) of theLabor Management Cooperation Act of 1978 (29 U.S.C. 175a note).
SEC. 8083. The budget of the President for fiscal year 2011
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation incontingency operations for the Military Personnel accounts, theOperation and Maintenance accounts, and the Procurement
accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, foreach 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 expenseor object class, a reconciliation of increases and decreases for eachcontingency operation, and programmatic data including, but notlimited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in supportof each contingency: Provided further, That these documents shallH. R. 3326—40
include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal
years.
SEC. 8084. None of the funds in this Act may be used forresearch, development, test, evaluation, procurement or deploymentof nuclear armed interceptors of a missile defense system.
SEC. 8085. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $110,640,000 is hereby appropriated to the Department of Defense: Provided, That the Secretaryof 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 psychologicalhealth issues.
SEC. 8086. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operationof the 53rd Weather Reconnaissance Squadron of the Air ForceReserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8087. None of the funds provided in this Act shall beavailable for integration of foreign intelligence information unlessthe information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8088. (a) At the time members of reserve componentsof the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during which
the member will be mobilized.
(b) The Secretary of Defense may waive the requirements ofsubsection (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.

H. R. 3326—41(INCLUDING TRANSFER OF FUNDS)

SEC. 8089. The Secretary of Defense may transfer funds fromany available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided, That the Secretary may transfer not
to exceed $100,000,000 under the authority provided by this section:
Provided further, That the Secretary may not transfer any funds
until 30 days after the proposed transfer has been reported to
the Committees on Appropriations of the House of Representatives
and the Senate, unless a response from the Committees is received
sooner: Provided further, That the transfer authority provided bythis section is in addition to any other transfer authority contained
elsewhere in this Act.
SEC. 8090. For purposes of section 612 of title 41, UnitedStates Code, any subdivision of appropriations made under theheading ‘‘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 theMemorial Tunnel and for providing homeland defense/security andtraditional 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 madeavailable 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, andpayment 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 otherfunding authorities for humanitarian assistance, security assistanceor combined exercise expenses: Provided further, That funds may
not be obligated to provide assistance to any foreign country that

H. R. 3326—42
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 Intelligenceshall remain available for obligation beyond the current fiscal year,
except for funds appropriated for research and technology, whichshall remain available until September 30, 2011.
SEC. 8096. For purposes of section 1553(b) of title 31, UnitedStates Code, any subdivision of appropriations made in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall beconsidered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriationsin 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 thisAct is hereby reduced by $322,000,000, the total amount appropriated in title IV of this Act is hereby reduced by $336,000,000,
and the total amount appropriated in title V of this Act is hereby
reduced by $9,000,000: Provided, That the Secretary of Defense
shall allocate this reduction proportionally to each budget activity,
activity group, subactivity group, and each program, project, andactivity, within each appropriation account.
SEC. 8098. Notwithstanding any other provision of law, thatnot more than 35 percent of funds provided in this Act for environmental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of$130,000,000 or higher.
SEC. 8099. The Secretary of Defense shall create a major force
program category for space for the Future Years Defense Programof the Department of Defense. The Secretary of Defense shall designate an official in the Office of the Secretary of Defense to provide
overall supervision of the preparation and justification of program
recommendations and budget proposals to be included in such major
force program category.
SEC. 8100. The Director of National Intelligence shall include
the budget exhibits identified in paragraphs (1) and (2) as describedin the Department of Defense Financial Management Regulation
with the congressional budget justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P–1, Procurement Program;
P–5, Cost Analysis; P–5a, Procurement History and Planning;
P–21, Production Schedule; and P–40, Budget Item Justification.
(2) For research, development, test and evaluation projects
requesting more than $10,000,000 in any fiscal year, the R–
1, RDT&E Program; R–2, RDT&E Budget Item Justification;
R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program
Schedule Profile.
SEC. 8101. Notwithstanding any other provision of law, noneof 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 Departmentof Defense and an entity in excess of 35 percent of the total
cost of the contract, grant, or agreement (or similar arrangement):H. R. 3326—43
Provided, That this limitation shall apply only to contracts, grants,
or cooperative agreements entered into after the date of enactmentof this Act using funds made available in this Act for basic research.
SEC. 8102. The Secretary of Defense shall maintain on the
homepage of the Internet website of the Department of Defensea direct link to the Internet website of the Office of Inspector
General of the Department of Defense.
SEC. 8103. (a) Not later than 60 days after enactment of thisAct, 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 madeby Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;(2) a delineation in the table for each appropriation by
Expenditure Center and project; and(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to thecongressional intelligence committees, unless the Director of
National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.
SEC. 8104. The Director of National Intelligence shall submit
to Congress each year, at or about the time that the President’s
budget is submitted to Congress that year under section 1105(a)of title 31, United States Code, a future-years intelligence program(including associated annexes) reflecting the estimated expendituresand proposed appropriations included in that budget. Any such
future-years intelligence program shall cover the fiscal year withrespect to which the budget is submitted and at least the four
succeeding fiscal years.
SEC. 8105. For the purposes of this Act, the term ‘‘congressional
intelligence committees’’ means the Permanent Select Committee
on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defenseof the Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
SEC. 8106. The Department of Defense shall continue to reportincremental 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 Departmentof 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 balancesin Department of Defense Working Capital Funds, as follows:(1)
From‘‘Operation
andMaintenance,
Army’’,$150,000,000; and(2) From ‘‘Operation and Maintenance, Air Force’’,$250,000,000.

H. R. 3326—44(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 Secretariesof the military departments only to provide special pay during
fiscal year 2010 to members of the Army, Navy, Air Force, andMarine 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 provisionof 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 declaredby 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 shallbe $500 per month for each month or portion of a month during
fiscal year 2010 that the member is retained on active duty asa 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 bythis 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 extensionof 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 ofthis 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H. R. 3326—45
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 thisprovision 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 andmaintenance may be available for the purpose of making remittances to the Defense Acquisition Workforce Development Fundin 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 CounterDrug 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 isin addition to any other amounts made available by this Act forthat purpose.
APOLOGY TO NATIVE PEOPLES OF THE UNITED STATESSEC. 8113. (a) ACKNOWLEDGMENT AND APOLOGY.—The UnitedStates, acting through Congress—(1) recognizes the special legal and political relationshipIndian tribes have with the United States and the solemn
covenant with the land we share;(2) commends and honors Native Peoples for the thousandsof 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 Statesto all Native Peoples for the many instances of violence, maltreatment, and neglect inflicted on Native Peoples by citizensof 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 theUnited States against Indian tribes in the history of the UnitedStates 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 theirboundaries and encourages all State governments similarly towork toward reconciling relationships with Indian tribes within
their boundaries.
(b) DISCLAIMER.—Nothing in this section—(1) authorizes or supports any claim against the UnitedStates; orH. R. 3326—46(2) serves as a settlement of any claim against the UnitedStates.
SEC. 8114. (a) Any agency receiving funds made available inthis 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 determinationby the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—(1) the public posting of the report compromises national
security; or(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do soonly 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 Administrationsites, 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 othermaterials; 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 roledescribed in paragraph (1), including by—(A) fully utilizing the inherent capabilities anduniquely 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 missionof the Site.
(b) Not later than one year after the date of the enactmentof 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 describedin 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 asappropriate.
SEC. 8116. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000 that is awarded morethan 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

H. R. 3326—47
out of sexual assault or harassment, including assault andbattery, 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 thatmandates 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 sexualassault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available
by this Act may be expended for any Federal contract awarded
more than 180 days after the effective date of this Act unlessthe 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 anentity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect
to a contractor’s or subcontractor’s agreements with employees or
independent contractors that may not be enforced in a court of
the United States.
(d) The Secretary of Defense may waive the application ofsubsection (a) or (b) to a particular contractor or subcontractor
for the purposes of a particular contract or subcontract if theSecretary or the Deputy Secretary personally determines that thewaiver is necessary to avoid harm to national security interestsof 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 thewaiver and for the contract or subcontract term selected, and shallstate any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shalltransmit 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 bythis Act, or that remain available for obligation for the Departmentof 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

H. R. 3326—48
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 thatis not registered with the Director of National Intelligence. A systemshall be considered to be registered with that officer upon thefurnishing 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 obligatedor expended for a financial management automated information
system, a mixed information system supporting financial and nonfinancial systems, or a business system improvement of more than
$3,000,000, within the Intelligence Community without the approvalof the Business Transformation Investment Review Board.
(b) The Director of the Business Transformation Office shallprovide 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 resultsof the Business Transformation Investment Review Board’s semiannual 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 enterprisewide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with theChief 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 inthis 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 toas ‘‘the Fund’’ elsewhere in this section): Provided further, That
the Secretary of the Air Force may transfer amounts in the Fundto ‘‘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 mergedwith and be available for the same purposes and for the sametime period as the appropriations or fund to which transferred:
Provided further, That this transfer authority is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of the Air Force shall, notfewer than 15 days prior to making transfers using funds provided
in this section, notify the congressional defense committees inwriting of the details of any such transfer: Provided further, That

H. R. 3326—49
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 thisappropriation.
SEC. 8120. (a) RESETTLEMENT SUPPORT AND OTHER PUBLIC
BENEFITS FOR CERTAIN IRAQI REFUGEES.—Section 1244(g) of the
Refugee Crisis in Iraq Act of 2007 (subtitle C of title XII of division
A of Public Law 110–181; 122 Stat. 398) is amended by striking‘‘for a period not to exceed eight months’’ and inserting ‘‘to thesame extent, and for the same periods of time, as such refugees’’.
(b) RESETTLEMENT SUPPORT AND OTHER PUBLIC BENEFITS FOR
CERTAIN AFGHAN ALLIES.—Section 602(b)(8) of the Afghan Allies
Protection Act of 2009 (title VI of division F of Public Law 111–
8; 123 Stat. 809) is amended by striking ‘‘for a period not toexceed 8 months’’ and inserting ‘‘to the same extent, and for thesame periods of time, as such refugees’’.
SEC. 8121. (a) Each congressionally directed spending item
specified in this Act or the explanatory statement regarding thisAct 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 eachspending item intended for a for-profit entity that is containedin 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 thisAct 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 underfull and open competition, except that any contract previously
awarded under full and open competition that remains in effectduring fiscal year 2010 shall be considered to have satisfied theconditions of full and open competition.
(d) In this section, the term ‘‘congressionally directed spending
item’’ means the following:(1) A congressionally directed spending item, as definedin Rule XLIV of the Standing Rules of the Senate.
(2) A congressional earmark for purposes of rule XXI of
the House of Representatives.
SEC. 8122. None of the funds appropriated or otherwise madeavailable by this Act may be used to award to a contractor orconvert 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 authorizedunder 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 thedate of enactment of this Act.

H. R. 3326—50
SEC. 8123. None of the funds made available under this Act
may be distributed to the Association of Community Organizations
for Reform Now (ACORN) or its subsidiaries.
SEC. 8124. The explanatory statement regarding this Act
printed in the House of Representatives section of the Congressional
Record on or about December 16, 2010, by the Chairman of the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives shall have the same effect with respect
to the allocation of funds and implementation of this Act as if
it were a joint explanatory statement of a committee of conference.
TITLE IXOVERSEAS CONTINGENCY OPERATIONSMILITARY PERSONNELMILITARY 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.

H. R. 3326—51
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $824,966,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $9,500,000.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $47,821,154,000.
OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $5,475,925,000.
OPERATION AND MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $3,430,258,000.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $9,216,319,000.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $7,490,900,000, of which:(1) Not to exceed $12,500,000 for the Combatant Commander Initiative Fund, to be used in support of Operation
Iraqi Freedom and Operation Enduring Freedom; and(2) Not to exceed $1,570,000,000, to remain available until
expended, for payments to reimburse key cooperating nations
for logistical, military, and other support, including access provided to United States military operations in support of Operation Iraqi Freedom and Operation Enduring Freedom, notwithstanding any other provision of law: Provided, That such
reimbursement payments may be made in such amounts as
the Secretary of Defense, with the concurrence of the Secretaryof State, and in consultation with the Director of the Officeof 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 officersof the United States, and 15 days following notification to
the appropriate congressional committees: Provided further,That these funds may be used for the purpose of providing
specialized training and procuring supplies and specialized
equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting
United States military operations in Iraq and Afghanistan,H. R. 3326—52
and 15 days following notification to the appropriate congressional committees: Provided further, That the Secretary of
Defense shall provide quarterly reports to the congressional
defense committees on the use of funds provided in this paragraph.
OPERATION AND MAINTENANCE, ARMY RESERVEFor an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $204,326,000.
OPERATION AND MAINTENANCE, NAVY RESERVEFor an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $68,059,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVEFor an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $86,667,000.
OPERATION AND MAINTENANCE, AIR FORCE RESERVEFor 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 tooverseas 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, thedefense health program appropriation, the Mine Resistant Ambush
Protected Vehicle Fund, and working capital funds accounts: Provided further, That the funds transferred shall be merged withand shall be available for the same purposes and for the sametime period, as the appropriation to which transferred: Provided
further, That the Secretary shall notify the congressional defense
committees 15 days prior to such transfer: Provided further, Thatthe transfer authority provided under this heading is in addition
to any other transfer authority available to the Department of
Defense.

H. R. 3326—53
AFGHANISTAN SECURITY FORCES FUND
For the ‘‘Afghanistan Security Forces Fund’’, $6,562,769,000,
to remain available until September 30, 2011: Provided, That suchfunds 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 theauthority 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 internationalorganization may be credited to this Fund and used for such purposes: Provided further, That the Secretary of Defense shall notify
the congressional defense committees in writing upon the receipt
and upon the obligation of any contribution, delineating the sources
and amounts of the funds received and the specific use of suchcontributions: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to obligating from this appropriationaccount, notify the congressional defense committees in writingof the details of any such obligation.
PROCUREMENTAIRCRAFT 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 andTracked 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.

H. R. 3326—54
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,$50,700,000, to remain available until September 30, 2012.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $675,957,000, to remain available until
September 30, 2012.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,$241,018,000, to remain available until September 30, 2012.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,$893,197,000, to remain available until September 30, 2012.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,$736,501,000, to remain available until September 30, 2012.
MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement, Air Force’’,$36,625,000, to remain available until September 30, 2012.
PROCUREMENT OF AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $256,819,000, to remain available until September 30,
2012.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,$2,583,421,000, to remain available until September 30, 2012.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,$480,780,000, to remain available until September 30, 2012.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons and other procurement for the reserve
components of the Armed Forces, $950,000,000, to remain available
for obligation until September 30, 2012, of which $575,000,000
shall be available only for the Army National Guard: Provided,
That the Chiefs of National Guard and Reserve components shall,
not later than 30 days after the enactment of this Act, individuallysubmit to the congressional defense committees the modernization
priority assessment for their respective National Guard or Reserve
component.

H. R. 3326—55
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 Protectedvehicles: Provided further, That the Secretary shall transfer suchfunds only to appropriations made available in this or any otherAct for operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds toaccomplish the purpose provided herein: Provided further, Thatsuch transferred funds shall be merged with and be available forthe same purposes and the same time period as the appropriation
to which transferred: Provided further, That this transfer authority
is in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary shall,
not fewer than 10 days prior to making transfers from this appropriation, notify the congressional defense committees in writingof the details of any such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATIONRESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Testand 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, Testand 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, Testand 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, Testand 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.

H. R. 3326—56
OTHER DEPARTMENT OF DEFENSE PROGRAMSDEFENSE 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 CounterDrug 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 appropriatedor otherwise made available for the Department of Defense forfiscal year 2010.
(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defensethat such action is necessary in the national interest, the Secretarymay, with the approval of the Office of Management and Budget,transfer up to $4,000,000,000 between the appropriations or funds
made available to the Department of Defense in this title: Provided,
That the Secretary shall notify the Congress promptly of eachtransfer 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 theauthority provided in the Department of Defense Appropriations
Act, 2010: Provided further, That the amount in this section isdesignated 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 witha 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 thetime a construction contract is awarded: Provided, That for theH. R. 3326—57
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 securityof personnel or for force protection purposes up to a limit of $250,000
per vehicle, notwithstanding price or other limitations applicableto the purchase of passenger carrying vehicles.
SEC. 9005. Not to exceed $1,200,000,000 of the amount appropriated in this title under the heading ‘‘Operation and Maintenance,
Army’’ may be used, notwithstanding any other provision of law,
to fund the Commander’s Emergency Response Program, for the
purpose of enabling military commanders in Iraq and Afghanistan
to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility: Provided, That not later
than 45 days after the end of each fiscal year quarter, the Secretaryof Defense shall submit to the congressional defense committees
a report regarding the source of funds and the allocation anduse of funds during that quarter that were made available pursuant
to the authority provided in this section or under any other provisionof 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 thoroughreview 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 otherprovision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to coalition
forces supporting military and stability operations in Iraq and
Afghanistan: Provided, That the Secretary of Defense shall provide
quarterly reports to the congressional defense committees regarding
support provided under this section.
SEC. 9007. Each amount in this title is designated as being
for overseas deployments and other activities pursuant to section
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), theconcurrent resolution on the budget for fiscal year 2010.
SEC. 9008. None of the funds appropriated or otherwise madeavailable 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 UnitedStates Armed Forces in Iraq.
(2) To exercise United States control over any oil resourceof Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of UnitedStates 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.

H. R. 3326—58(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, Codeof Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
SEC. 9010. (a) The Director of the Office of Management andBudget, 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 obligationof funds is anticipated during the 3-month period from such date,including estimates by the commanders referred to in this sectionof the costs required to complete each such project.
(b) The report required by this subsection shall include thefollowing:(1) The use of all funds on a project-by-project basis forwhich funds appropriated under the headings referred to in
subsection (a) were obligated prior to the submission of thereport, 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 forwhich funds were appropriated under the headings referred
to in subsection (a) in prior appropriations Acts, or for whichfunds 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 bymajor program and sub-elements by force, arrayed by fiscal
year.
(c) The Secretary of Defense shall notify the congressional
defense committees of any proposed new projects or transfers offunds between sub-activity groups in excess of $20,000,000 using
funds appropriated by this or any prior Act under the headings‘‘Iraq Security Forces Fund’’, ‘‘Afghanistan Security Forces Fund’’,and ‘‘Pakistan Counterinsurgency Fund’’.
SEC. 9011. (a) None of the funds made available in this or
any other Act may be used to release an individual who is detained,
as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba,
into the continental United States, Alaska, Hawaii, or the Districtof 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 theNorthern Mariana Islands (CNMI).

H. R. 3326—59(b) None of the funds made available in this or any otherAct 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 ofColumbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), theCommonwealth of Puerto Rico and the Commonwealth of theNorthern Mariana Islands (CNMI), for the purpose of detention,
except as provided in subsection (c).
(c) None of the funds made available in this or any otherAct 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 ofColumbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), theCommonwealth of Puerto Rico and the Commonwealth of theNorthern Mariana Islands (CNMI), for the purposes of prosecuting
such individual, or detaining such individual during legal proceedings, until 45 days after the plan described in subsection (d)is received.
(d) The President shall submit to Congress, in classified form,a plan regarding the proposed disposition of any individual coveredby subsection (c) who is detained as of June 24, 2009. Such plan
shall include, at a minimum, each of the following for each suchindividual:(1) A determination of the risk that the individual might
instigate an act of terrorism within the continental UnitedStates, Alaska, Hawaii, the District of Columbia, or the UnitedStates 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 transferredto such a facility.
(3) The costs associated with transferring the individualin question.
(4) The legal rationale and associated court demands fortransfer.
(5) A plan for mitigation of any risks described in paragraphs (1), (2), and (7).
(6) A copy of a notification to the Governor of the Stateto which the individual will be transferred, to the Mayor of
the District of Columbia if the individual will be transferredto the District of Columbia, or to any United States territories
with a certification by the Attorney General of the UnitedStates in classified form at least 14 days prior to such transfer(together with supporting documentation and justification) thatthe individual poses little or no security risk to the UnitedStates.
(7) An assessment of any risk to the national securityof the United States or its citizens, including members of theArmed Services of the United States, that is posed by suchtransfer and the actions taken to mitigate such risk.
(e) None of the funds made available in this or any otherAct may be used to transfer or release an individual detained

H. R. 3326—60
at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009,
to the country of such individual’s nationality or last habitualresidence or to any other country other than the United Statesor to a freely associated State, unless the President submits to
the Congress, in classified form, at least 15 days prior to suchtransfer 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 suchindividual is to be transferred or released.
(2) An assessment of any risk to the national securityof the United States or its citizens, including members of theArmed Services of the United States, that is posed by suchtransfer or release and the actions taken to mitigate suchrisk.
(3) The terms of any agreement with the country or thefreely associated State for the acceptance of such individual,
including the amount of any financial assistance related tosuch agreement.
(f) In this section, the term ‘‘freely associated States’’ means
the Federated States of Micronesia (FSM), the Republic of the
Marshall Islands (RMI), and the Republic of Palau.
(g) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to
the Congress a report in classified form describing the dispositionor legal status of each individual detained at the facility as ofthe date of enactment of this Act.
SEC. 9012. (a) FUNDING FOR OUTREACH AND REINTEGRATIONSERVICES 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 isin addition to any other amounts available in this Act for suchservices.
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 shallbe used only in such amounts and at such times as may become
necessary to carry out program operations: Provided further, Thatamounts 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

H. R. 3326—61
Act of 2008 (7 U.S.C. 2011 et seq.), there are hereby appropriated$400,000,000, which shall remain available until September 30,
2011.
(b) ALLOCATION OF FUNDS.—Funds described in subsection (a)shall be made available as grants to State agencies as follows—(1) 75 percent of the amounts available shall be allocatedto States based on the share of each State of households thatparticipate in the supplemental nutrition assistance program
as reported to the Department of Agriculture for the mostrecent 12-month period for which data are available, adjusted
by the Secretary (as of the date of enactment) for participationin 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 allocatedto 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 themost 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 theFood and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and(3) Not later than 60 days after the date of enactmentof this Act, the Secretary shall make available to Statesamounts based on paragraphs (1) and (2) of this subparagraph.
(c) REALLOCATION OF FUNDS.—Funds unobligated at the Statelevel in fiscal year 2010 may be recovered and reallocated to theStates in fiscal year 2011.
(d) EMERGENCY DESIGNATION.—Amounts in this section are
designated as emergency requirements and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
SEC. 1003. (a) AMENDMENTS TO SECTION 119 OF TITLE 17,
UNITED STATES CODE.—(1) IN GENERAL.—Section 119 of title 17, United States
Code, is amended—(A) in subsection (c)(1)(E), by striking ‘‘December 31,
2009’’ and inserting ‘‘February 28, 2010’’; and(B) in subsection (e), by striking ‘‘December 31, 2009’’
and inserting ‘‘February 28, 2010’’.
(2) TERMINATION OF LICENSE.—(A) TERMINATION.—Section 119 of title 17, UnitedStates Code, as amended by paragraph (1), shall cease
to be effective on February 28, 2010.
(B) CONFORMING AMENDMENT.—Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note; Public
Law 103–369) is repealed.
(b) AMENDMENTS TO COMMUNICATIONS ACT OF 1934.—Section
325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is
amended—(1) in paragraph (2)(C), by striking ‘‘December 31, 2009’’
and inserting ‘‘February 28, 2010’’; and(2) in paragraph (3)(C), by striking ‘‘January 1, 2010’’ eachplace it appears in clauses (ii) and (iii) and inserting ‘‘March
1, 2010’’.

H. R. 3326—62(c) EMERGENCY DESIGNATION.—Amounts in this section are designated as emergency requirements and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
SEC. 1004. (a) USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005.—Section 102(b)(1) of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (Public Law 109–
177; 120 Stat. 195) is amended by striking ‘‘December 31, 2009’’
and inserting ‘‘February 28, 2010’’.
(b) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT
OF 2004.—Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat.
3742; 50 U.S.C. 1801 note) is amended by striking ‘‘December
31, 2009’’ and inserting ‘‘February 28, 2010’’.
SEC. 1005. Section 129 of the Continuing Appropriations Resolution, 2010 (Public Law 111–68) is amended by striking ‘‘by substituting’’ and all that follows through the period at the end, andinserting ‘‘by substituting February 28, 2010 for the date specifiedin 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 andReinvestment Act of 2009 (Public Law 111–5) and for the costof 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 andReinvestment Act of 2009 is amended by striking ‘‘the date 12
months after the date of enactment of this Act’’ and inserting‘‘February 28, 2010’’.
(c) Amounts in this section are designated as emergency
requirements and necessary to meet emergency needs pursuant
to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress),the concurrent resolution on the budget for fiscal year 2010.
SEC. 1007. (a) PAYMENT.—The Secretary of the Interior may
make a payment to Swain County, North Carolina, in an amountof $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 theInterior, 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 thispayment, there is hereby appropriated $6,800,000, to remain available until expended, and an amount of $6,000,000 from unobligatedbalances available to the Department of the Interior from priorappropriations to the ‘‘Construction’’ account for the National Park
Service.
(b) RESCISSION.—Of the funds appropriated in the Departmentof Transportation and Related Agencies Appropriations Act, 2001
(Public Law 106–346), in section 378 for construction of, andimprovements to, North Shore Road in Swain County, North Carolina, $6,800,000 is hereby permanently rescinded.

H. R. 3326—63
SEC. 1008. (a) For purposes of the continued extension of surface
transportation programs and related authority to make expenditures from the Highway Trust Fund and other trust funds under
sections 157 through 162 of the Continuing Appropriations Resolution, 2010, the date specified in section 106(3) of such resolution
shall be deemed to be February 28, 2010.
(b) Section 158(c) is amended by striking the period at theend 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 amountequaling $33,401,492 multiplied by the amount calculated undersubsection (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’’ andinserting ‘‘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’’ andinserting ‘‘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’’ andinserting ‘‘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 bystriking ‘‘by reason of’’ and all that follows and inserting the following: ‘‘by reason of—‘‘(A) the amendments made by section 2001(a) of theAssistance for Unemployed Workers and Struggling Families Act;‘‘(B) the amendments made by sections 2 through 4of 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.

H. R. 3326—64
SEC. 1010. (a) EXTENSION OF ELIGIBILITY PERIOD.—Subsection(a)(3)(A) of section 3001 of division B of the American Recovery
and Reinvestment Act of 2009 (Public Law 111–5) is amended
by striking ‘‘December 31, 2009’’ and inserting ‘‘February 28, 2010’’.
(b) EXTENSION OF MAXIMUM DURATION OF ASSISTANCE.—Subsection (a)(2)(A)(ii)(I) of such section is amended by striking ‘‘9months’’ and inserting ‘‘15 months’’.
(c) RULES RELATED TO 2009 EXTENSION.—Subsection (a) of suchsection 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 betreated 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 suchtransition period, and‘‘(ii) such individual pays, not later than 60 days
after the date of the enactment of this paragraph (or,if later, 30 days after the date of provision of thenotification required under subparagraph (D)(ii)), theamount of such premium, after the application of paragraph (1)(A).
‘‘(B) REFUNDS AND CREDITS FOR RETROACTIVE PREMIUMASSISTANCE ELIGIBILITY.—In the case of an assistanceeligible individual who pays, with respect to any periodof COBRA continuation coverage during such individual’stransition period, the premium amount for such coverage
without regard to paragraph (1)(A), rules similar to therules of paragraph (12)(E) shall apply.
‘‘(C) TRANSITION PERIOD.—‘‘(i) IN GENERAL.—For purposes of this paragraph,
the term ‘transition period’ means, with respect toany assistance eligible individual, any period of coverage if—‘‘(I) such period begins before the date of theenactment 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 ofcoverage referred to in such paragraph, irrespectiveof any failure to timely pay the applicable premium(other than pursuant to subparagraph (A)) for such
period.
‘‘(D) NOTIFICATION.—‘‘(i) IN GENERAL.—In the case of an individual who
was an assistance eligible individual at any time onor after October 31, 2009, or experiences a qualifying
event (consisting of termination of employment)

H. R. 3326—65
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 caseof a qualifying event occurring after such date of enactment, consistent with the timing of notifications underparagraph (7)(A).
‘‘(ii) TO INDIVIDUALS WHO LOST ASSISTANCE.—In
the case of an assistance eligible individual describedin subparagraph (A)(i) who did not timely pay thepremium for any period of coverage during suchindividual’s transition period or paid the premium forsuch period without regard to paragraph (1)(A), theadministrator of the group health plan (or other entity)
involved shall provide to such individual, within thefirst 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 tothe transition period of the individual in order to maintain COBRA continuation coverage.
‘‘(iii) APPLICATION OF RULES.—Rules similar to therules of paragraph (7) shall apply with respect tonotifications under this subparagraph.’’.
(d) CLARIFICATION THAT ELIGIBILITY AND NOTICE IS BASEDON TIMING OF QUALIFYING EVENT.—Subsection (a) of such sectionis amended—(1) in paragraph (3)(A)—(A) by striking ‘‘at any time’’ and inserting ‘‘such qualified beneficiary is eligible for COBRA continuation coveragerelated 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 toelect COBRA continuation coverage’’ and inserting ‘‘have aqualifying event relating to COBRA continuation coverage’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the provisions of section 3001
of division B of the American Recovery and Reinvestment Act
of 2009 to which they relate.
(f) EMERGENCY DESIGNATIONS.—(1) IN GENERAL.—Amounts in this section are designatedas 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:

H. R. 3326—66‘‘(10) UPDATE FOR PORTION OF 2010.—‘‘(A) IN GENERAL.—Subject to paragraphs (7)(B), (8)(B),and (9)(B), in lieu of the update to the single conversion
factor established in paragraph (1)(C) that would otherwise
apply for 2010 for the period beginning on January 1,
2010, and ending on February 28, 2010, the update to
the single conversion factor shall be 0 percent for 2010.
‘‘(B) NO EFFECT ON COMPUTATION OF CONVERSION
FACTOR FOR REMAINING PORTION OF 2010 AND SUBSEQUENTYEARS.—The conversion factor under this subsection shallbe computed under paragraph (1)(A) for the period beginning on March 1, 2010, and ending on December 31, 2010,
and for 2011 and subsequent years as if subparagraph(A) had never applied.’’.
(b) FUNDING FROM MEDICARE IMPROVEMENT FUND.—Section
1898(b)(1) of such Act (42 U.S.C. 1395iii(b)(1)) is amended—(1) in subparagraph (A)—(A) by striking ‘‘$22,290,000,000’’ and inserting‘‘$20,740,000,000’’; and(B) by striking ‘‘and’’ at the end;(2) by redesignating subparagraph (B) as subparagraph(C); and(3) by inserting after subparagraph (A) the following new
subparagraph:‘‘(B) fiscal year 2015, $550,000,000; and’’.
SEC. 1012. Notwithstanding any other provision of law, theSecretary of Health and Human Services shall not publish updated
poverty guidelines for 2010 under section 673(2) of the Omnibus
Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) before March
1, 2010, and the poverty guidelines published under such section
on January 23, 2009, shall remain in effect until updated poverty
guidelines are published.
SEC. 1013. From the ‘‘National Telecommunications andInformation 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

H. R. 3326—67
to the allocation of funds and implementation of this Act as if
it were a joint explanatory statement of a committee of conference.

Speaker of the House of Representatives.

Vice President of the United States andPresident of the Senate.