PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3409 

Public Law 111–118 

111th Congress 

An Act 

Making appropriations for the Department of Defense for the fiscal year ending 

September 30, 2010, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Department of Defense Appropriations Act, 2010’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 

Title IX—Overseas Contingency Operations 

DIVISION B—OTHER MATTERS 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as 

referring only to the provisions of that division. 

DIVISION A—DEPARTMENT OF DEFENSE 

APPROPRIATIONS 

The following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for the fiscal year ending 

September 30, 2010, for military functions administered by the 

Department of Defense and for other purposes, namely: 

Department of 

Defense 

Appropriations 

Act, 2010. 

1 USC 1 note. 

Department of 

Defense 

Appropriations 

Act, 2010. 

Dec. 19, 2009 

[H.R. 3326] 


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TITLE I 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty, (except members 

of reserve components provided for elsewhere), cadets, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $41,005,612,000. 

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members 

of the Reserve provided for elsewhere), midshipmen, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $25,289,049,000. 

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except 

members of the Reserve provided for elsewhere); and for payments 

pursuant to section 156 of Public Law 97–377, as amended (42 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $12,799,990,000. 

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members 

of reserve components provided for elsewhere), cadets, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $26,174,136,000. 


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RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army Reserve on active 

duty under sections 10211, 10302, and 3038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing 

duty specified in section 12310(a) of title 10, United States Code, 

or while undergoing reserve training, or while performing drills 

or equivalent duty or other duty, and expenses authorized by section 

16131 of title 10, United States Code; and for payments to the 

Department of Defense Military Retirement Fund, $4,304,713,000. 

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Navy Reserve on active 

duty under section 10211 of title 10, United States Code, or while 

serving on active duty under section 12301(d) of title 10, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing reserve 

training, or while performing drills or equivalent duty, and expenses 

authorized by section 16131 of title 10, United States Code; and 

for payments to the Department of Defense Military Retirement 

Fund, $1,909,301,000. 

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Marine Corps Reserve 

on active duty under section 10211 of title 10, United States Code, 

or while serving on active duty under section 12301(d) of title 

10, United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent 

duty, and for members of the Marine Corps platoon leaders class, 

and expenses authorized by section 16131 of title 10, United States 

Code; and for payments to the Department of Defense Military 

Retirement Fund, $613,500,000. 

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air Force Reserve on 

active duty under sections 10211, 10305, and 8038 of title 10, 

United States Code, or while serving on active duty under section 

12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States 

Code, or while undergoing reserve training, or while performing 

drills or equivalent duty or other duty, and expenses authorized 

by section 16131 of title 10, United States Code; and for payments 

to the Department of Defense Military Retirement Fund, 

$1,589,412,000. 

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army National Guard 


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while on duty under section 10211, 10302, or 12402 of title 10 

or section 708 of title 32, United States Code, or while serving 

on duty under section 12301(d) of title 10 or section 502(f) of 

title 32, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or 

while undergoing training, or while performing drills or equivalent 

duty or other duty, and expenses authorized by section 16131 of 

title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $7,546,905,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air National Guard on 

duty under section 10211, 10305, or 12402 of title 10 or section 

708 of title 32, United States Code, or while serving on duty 

under section 12301(d) of title 10 or section 502(f) of title 32, 

United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or 

other duty, and expenses authorized by section 16131 of title 10, 

United States Code; and for payments to the Department of Defense 

Military Retirement Fund, $2,938,229,000. 

TITLE II 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Army, as authorized by law; 

and not to exceed $12,478,000 can be used for emergencies and 

extraordinary expenses, to be expended on the approval or authority 

of the Secretary of the Army, and payments may be made on 

his certificate of necessity for confidential military purposes, 

$30,934,550,000. 

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Navy and the Marine Corps, 

as authorized by law; and not to exceed $14,657,000 can be used 

for emergencies and extraordinary expenses, to be expended on 

the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential 

military purposes, $34,714,396,000. 

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Marine Corps, as authorized 

by law, $5,539,117,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Air Force, as authorized by law; 


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and not to exceed $7,699,000 can be used for emergencies and 

extraordinary expenses, to be expended on the approval or authority 

of the Secretary of the Air Force, and payments may be made 

on his certificate of necessity for confidential military purposes, 

$33,477,116,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $28,115,793,000: Provided, That not more than 

$50,000,000 may be used for the Combatant Commander Initiative 

Fund authorized under section 166a of title 10, United States 

Code: Provided further, That not to exceed $36,000,000 can be 

used for emergencies and extraordinary expenses, to be expended 

on the approval or authority of the Secretary of Defense, and 

payments may be made on his certificate of necessity for confidential 

military purposes: Provided further, That of the funds provided under this heading, not less than $29,732,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available 

for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 

none of the funds appropriated or otherwise made available by 

this Act may be used to plan or implement the consolidation of 

a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces 

into a legislative affairs or legislative liaison office: Provided further, 

That $6,667,000, to remain available until expended, is available 

only for expenses relating to certain classified activities, and may 

be transferred as necessary by the Secretary to operation and 

maintenance appropriations or research, development, test and 

evaluation appropriations, to be merged with and to be available 

for the same time period as the appropriations to which transferred: 

Provided further, That any ceiling on the investment item unit 

cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding 

proviso: Provided further, That the transfer authority provided 

under this heading is in addition to any other transfer authority 

provided elsewhere in this Act. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $2,617,496,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 


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administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $1,273,701,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Marine Corps Reserve; repair of facilities 

and equipment; hire of passenger motor vehicles; travel and 

transportation; care of the dead; recruiting; procurement of services, 

supplies, and equipment; and communications, $223,175,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Air Force Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,131,200,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the 

Army National Guard, including medical and hospital treatment 

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger 

motor vehicles; personnel services in the National Guard Bureau; 

travel expenses (other than mileage), as authorized by law for 

Army personnel on active duty, for Army National Guard division, 

regimental, and battalion commanders while inspecting units in 

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying 

and equipping the Army National Guard as authorized by law; 

and expenses of repair, modification, maintenance, and issue of 

supplies and equipment (including aircraft), $6,189,713,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the 

Air National Guard, including medical and hospital treatment and 

related expenses in non-Federal hospitals; maintenance, operation, 

and repairs to structures and facilities; transportation of things, 

hire of passenger motor vehicles; supplying and equipping the Air 

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including 

those furnished from stocks under the control of agencies of the 

Department of Defense; travel expenses (other than mileage) on 

the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders 

while inspecting units in compliance with National Guard Bureau 

regulations when specifically authorized by the Chief, National 

Guard Bureau, $5,882,251,000. 


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UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States 

Court of Appeals for the Armed Forces, $13,932,000, of which not 

to exceed $5,000 may be used for official representation purposes. 

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $423,364,000, to remain 

available until transferred: Provided, That the Secretary of the 

Army shall, upon determining that such funds are required for 

environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris of the Department 

of the Army, or for similar purposes, transfer the funds made 

available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to 

be available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $285,869,000, to remain available until transferred: Provided, That the Secretary of the Navy 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 

removal of unsafe buildings and debris of the Department of the 

Navy, or for similar purposes, transfer the funds made available 

by this appropriation to other appropriations made available to 

the Department of the Navy, to be merged with and to be available 

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That the transfer authority provided under this heading 

is in addition to any other transfer authority provided elsewhere 

in this Act. 

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $494,276,000, to remain 

available until transferred: Provided, That the Secretary of the 

Air Force shall, upon determining that such funds are required 

for environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris of the Department 

of the Air Force, or for similar purposes, transfer the funds made 

Determinations. 

Determinations. 

Determination. 


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available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and 

to be available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $11,100,000, to remain available until transferred: Provided, That the Secretary of Defense 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 

removal of unsafe buildings and debris of the Department of 

Defense, or for similar purposes, transfer the funds made available 

by this appropriation to other appropriations made available to 

the Department of Defense, to be merged with and to be available 

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That the transfer authority provided under this heading 

is in addition to any other transfer authority provided elsewhere 

in this Act. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $292,700,000, to remain 

available until transferred: Provided, That the Secretary of the 

Army shall, upon determining that such funds are required for 

environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris at sites formerly 

used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available 

to the Department of the Army, to be merged with and to be 

available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster, 

and Civic Aid programs of the Department of Defense (consisting 

of the programs provided under sections 401, 402, 404, 407, 2557, 

Determinations. 

Determination. 


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and 2561 of title 10, United States Code), $109,869,000, to remain 

available until September 30, 2011. 

COOPERATIVE THREAT REDUCTION ACCOUNT

For assistance to the republics of the former Soviet Union 

and, with appropriate authorization by the Department of Defense 

and Department of State, to countries outside of the former Soviet 

Union, including assistance provided by contract or by grants, for 

facilitating the elimination and the safe and secure transportation 

and storage of nuclear, chemical and other weapons; for establishing 

programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs 

relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons 

components and weapons technology and expertise, and for defense 

and military contacts, $424,093,000, to remain available until September 30, 2012: Provided, That of the amounts provided under this heading, not less than $15,000,000 shall be available only 

to support the dismantling and disposal of nuclear submarines, 

submarine reactor components, and security enhancements for 

transport and storage of nuclear warheads in the Russian Far 

East and North. 

DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT

FUND

For the Department of Defense Acquisition Workforce Development Fund, $100,000,000. 

TITLE III 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $5,093,822,000, to 

remain available for obligation until September 30, 2012. 

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of missiles, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 


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procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $1,251,053,000, to 

remain available for obligation until September 30, 2012. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For construction, procurement, production, and modification 

of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, 

including the land necessary therefor, for the foregoing purposes, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $2,335,807,000, to 

remain available for obligation until September 30, 2012. 

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $2,056,115,000, to 

remain available for obligation until September 30, 2012. 

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification 

of vehicles, including tactical, support, and non-tracked combat 

vehicles; the purchase of passenger motor vehicles for replacement 

only; and the purchase of eight vehicles required for physical security of personnel, notwithstanding price limitations applicable to 

passenger vehicles but not to exceed $250,000 per vehicle; communications and electronic equipment; other support equipment; spare 

parts, ordnance, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, 

including the land necessary therefor, for the foregoing purposes, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $8,582,660,000, to 

remain available for obligation until September 30, 2012. 


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AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, spare 

parts, and accessories therefor; specialized equipment; expansion 

of public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$18,643,221,000, to remain available for obligation until September 

30, 2012. 

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of missiles, torpedoes, other weapons, and related 

support equipment including spare parts, and accessories therefor; 

expansion of public and private plants, including the land necessary 

therefor, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$3,357,572,000, to remain available for obligation until September 

30, 2012. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $800,651,000, to 

remain available for obligation until September 30, 2012. 

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or 

conversion of vessels as authorized by law, including armor and 

armament thereof, plant equipment, appliances, and machine tools 

and installation thereof in public and private plants; reserve plant 

and Government and contractor-owned equipment layaway; 

procurement of critical, long lead time components and designs 

for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title, as follows: 

Carrier Replacement Program, $739,269,000; 

Carrier Replacement Program (AP), $484,432,000; 

NSSN, $1,964,317,000; 


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NSSN (AP), $1,959,725,000; 

CVN Refueling, $1,563,602,000; 

CVN Refuelings (AP), $211,820,000; 

DDG–1000 Program, $1,382,797,000; 

DDG–51 Destroyer, $1,912,267,000; 

DDG–51 Destroyer (AP), $578,996,000; 

Littoral Combat Ship, $1,080,000,000; 

LPD–17, $872,392,000; 

LPD–17 (AP), $184,555,000; 

LHA–R (AP), $170,000,000; 

Intratheater Connector, $177,956,000; 

LCAC Service Life Extension Program, $63,857,000; 

Prior year shipbuilding costs, $144,950,000; 

Service Craft, $3,694,000; and 

For outfitting, post delivery, conversions, and first destina- tion transportation, $386,903,000. 

In all: $13,881,532,000, to remain available for obligation until 

September 30, 2014: Provided, That additional obligations may 

be incurred after September 30, 2014, for engineering services, 

tests, evaluations, and other such budgeted work that must be 

performed in the final stage of ship construction: Provided further, That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards 

in the United States shall be expended in foreign facilities for 

the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall 

be used for the construction of any naval vessel in foreign shipyards. 

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support 

equipment and materials not otherwise provided for, Navy ordnance 

(except ordnance for new aircraft, new ships, and ships authorized 

for conversion); the purchase of passenger motor vehicles for 

replacement only, and the purchase of seven vehicles required for 

physical security of personnel, notwithstanding price limitations 

applicable to passenger vehicles but not to exceed $250,000 per 

vehicle; expansion of public and private plants, including the land 

necessary therefor, and such lands and interests therein, may be 

acquired, and construction prosecuted thereon prior to approval 

of title; and procurement and installation of equipment, appliances, 

and machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$5,441,234,000, to remain available for obligation until September 

30, 2012. 

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and 

modification of missiles, armament, military equipment, spare 

parts, and accessories therefor; plant equipment, appliances, and 

machine tools, and installation thereof in public and private plants; 

reserve plant and Government and contractor-owned equipment 

layaway; vehicles for the Marine Corps, including the purchase 

of passenger motor vehicles for replacement only; and expansion 

of public and private plants, including land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title, 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3421 

$1,521,505,000, to remain available for obligation until September 

30, 2012. 

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories 

therefor; specialized equipment; expansion of public and private 

plants, Government-owned equipment and installation thereof in 

such plants, erection of structures, and acquisition of land, for 

the foregoing purposes, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $13,295,474,000, 

to remain available for obligation until September 30, 2012; Provided, That none of the funds provided in this Act for modification 

of C–17 aircraft may be obligated until all C–17 contracts funded 

with prior year ‘‘Aircraft Procurement, Air Force’’ appropriated 

funds are definitized unless the Secretary of the Air Force certifies 

in writing to the congressional defense committees that each such 

obligation is necessary to meet the needs of a warfighting requirement or prevents increased costs to the taxpayer and provides 

the reasons for failing to definitize the prior year contracts along 

with the prospective contract definitization schedule. 

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, 

spacecraft, rockets, and related equipment, including spare parts 

and accessories therefor, ground handling equipment, and training 

devices; expansion of public and private plants, Government-owned 

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon prior to approval of title; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes including rents and 

transportation of things, $5,995,544,000, to remain available for 

obligation until September 30, 2012. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $801,550,000, to 

remain available for obligation until September 30, 2012. 

Certification. 


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123 STAT. 3422 PUBLIC LAW 111–118—DEC. 19, 2009 

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including 

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and 

spare parts therefor, not otherwise provided for; the purchase of 

passenger motor vehicles for replacement only, and the purchase 

of two vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not 

to exceed $250,000 per vehicle; lease of passenger motor vehicles; 

and expansion of public and private plants, Government-owned 

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and 

such lands and interests therein, may be acquired, and construction 

prosecuted thereon, prior to approval of title; reserve plant and 

Government and contractor-owned equipment layaway, 

$17,138,239,000, to remain available for obligation until September 

30, 2012. 

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of 

Defense (other than the military departments) necessary for 

procurement, production, and modification of equipment, supplies, 

materials, and spare parts therefor, not otherwise provided for; 

the purchase of passenger motor vehicles for replacement only; 

expansion of public and private plants, equipment, and installation 

thereof in such plants, erection of structures, and acquisition of 

land for the foregoing purposes, and such lands and interests 

therein, may be acquired, and construction prosecuted thereon prior 

to approval of title; reserve plant and Government and contractorowned equipment layaway, $4,050,537,000, to remain available for 

obligation until September 30, 2012. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 

1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $150,746,000, 

to remain available until expended. 

TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$11,474,180,000, to remain available for obligation until September 

30, 2011. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3423 

$20,003,463,000, to remain available for obligation until September 

30, 2011: Provided, That funds appropriated in this paragraph 

which are available for the V–22 may be used to meet unique 

operational requirements of the Special Operations Forces: Provided 

further, That funds appropriated in this paragraph shall be available for the Cobra Judy program. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$28,121,985,000, to remain available for obligation until September 

30, 2011. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of 

Defense (other than the military departments), necessary for basic 

and applied scientific research, development, test and evaluation; 

advanced research projects as may be designated and determined 

by the Secretary of Defense, pursuant to law; maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$20,747,081,000, to remain available for obligation until September 

30, 2011, of which $2,500,000 shall be available only for the Missile 

Defense Agency to construct a replacement Patriot launcher pad 

for the Japanese Ministry of Defense. 

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the 

independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in 

connection therewith, $190,770,000, to remain available for obligation until September 30, 2011. 

TITLE V 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $1,455,004,000. 

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and 

activities, and for expenses of the National Defense Reserve Fleet, 

as established by section 11 of the Merchant Ship Sales Act of 

1946 (50 U.S.C. App. 1744), and for the necessary expenses to 

maintain and preserve a U.S.-flag merchant fleet to serve the 

national security needs of the United States, $1,672,758,000, to 

remain available until expended: Provided, That none of the funds 

provided in this paragraph shall be used to award a new contract 

that provides for the acquisition of any of the following major 

Contracts. 


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123 STAT. 3424 PUBLIC LAW 111–118—DEC. 19, 2009 

components unless such components are manufactured in the 

United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (engines, reduction 

gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further, That the exercise of an option 

in a contract awarded through the obligation of previously appropriated funds shall not be considered to be the award of a new 

contract: Provided further, That the Secretary of the military department responsible for such procurement may waive the restrictions 

in the first proviso on a case-by-case basis by certifying in writing 

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely 

basis and that such an acquisition must be made in order to 

acquire capability for national security purposes. 

TITLE VI 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health 

care programs of the Department of Defense as authorized by 

law, $29,243,428,000; of which $27,596,689,000 shall be for operation and maintenance, of which not to exceed one percent shall 

remain available until September 30, 2011, and of which up to 

$15,093,539,000 may be available for contracts entered into under 

the TRICARE program; of which $366,692,000, to remain available 

for obligation until September 30, 2012, shall be for procurement; 

and of which $1,280,047,000, to remain available for obligation 

until September 30, 2011, shall be for research, development, test 

and evaluation: Provided, That, notwithstanding any other provision 

of law, of the amount made available under this heading for 

research, development, test and evaluation, not less than 

$10,000,000 shall be available for HIV prevention educational activities undertaken in connection with United States military training, 

exercises, and humanitarian assistance activities conducted primarily in African nations. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the 

destruction of the United States stockpile of lethal chemical agents 

and munitions, to include construction of facilities, in accordance 

with the provisions of section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction 

of other chemical warfare materials that are not in the chemical 

weapon stockpile, $1,560,760,000, of which $1,146,802,000 shall 

be for operation and maintenance, of which no less than 

$84,839,000, shall be for the Chemical Stockpile Emergency 

Preparedness Program, consisting of $34,905,000 for activities on 

military installations and $49,934,000, to remain available until 

September 30, 2011, to assist State and local governments; 

$12,689,000 shall be for procurement, to remain available until 

September 30, 2012, of which no less than $12,689,000 shall be 

for the Chemical Stockpile Emergency Preparedness Program to 

assist State and local governments; and $401,269,000, to remain 

Waiver authority. 

Certification. 

Contracts. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3425 

available until September 30, 2011, shall be for research, development, test and evaluation, of which $398,669,000 shall only be 

for the Assembled Chemical Weapons Alternatives (ACWA) program. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the 

Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United 

States Code; for operation and maintenance; for procurement; and 

for research, development, test and evaluation, $1,158,226,000: Provided, That the funds appropriated under this heading shall be 

available for obligation for the same time period and for the same 

purpose as the appropriation to which transferred: Provided further, That upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority contained 

elsewhere in this Act. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Joint Improvised Explosive Device Defeat Fund’’, 

$121,550,000 for Staff and Infrastructure: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing 

the Director of the Joint Improvised Explosive Device Defeat 

Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist 

United States forces in the defeat of improvised explosive devices: 

Provided further, That within 60 days of the enactment of this 

Act, a plan for the intended management and use of the amounts 

provided under this heading shall be submitted to the congressional 

defense committees: Provided further, That the Secretary of Defense 

shall submit a report not later than 60 days after the end of 

each fiscal quarter to the congressional defense committees providing assessments of the evolving threats, individual service 

requirements to counter the threats, the current strategy for 

predeployment training of members of the Armed Forces on improvised explosive devices, and details on the execution of the Fund: 

Provided further, That the Secretary of Defense may transfer funds 

provided herein to appropriations for operation and maintenance; 

procurement; research, development, test and evaluation; and 

defense working capital funds to accomplish the purpose provided 

herein: Provided further, That amounts transferred shall be merged 

with and available for the same purposes and time period as the 

appropriations to which transferred: Provided further, That this 

transfer authority is in addition to any other transfer authority 

available to the Department of Defense: Provided further, That 

the Secretary of Defense shall, not fewer than 15 days prior to 

Deadline. 

Notification. 

Reports. 

Deadlines. 

Deadline. 

Management 

plan. 

Determination. 


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123 STAT. 3426 PUBLIC LAW 111–118—DEC. 19, 2009 

making transfers from this appropriation, notify the congressional 

defense committees in writing of the details of any such transfer. 

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act 

of 1978, as amended, $288,100,000, of which $287,100,000 shall 

be for operation and maintenance, of which not to exceed $700,000 

is available for emergencies and extraordinary expenses to be 

expended on the approval or authority of the Inspector General, 

and payments may be made on the Inspector General’s certificate 

of necessity for confidential military purposes; and of which 

$1,000,000, to remain available until September 30, 2012, shall 

be for procurement. 

TITLE VII 

RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement 

and Disability System Fund, to maintain the proper funding level 

for continuing the operation of the Central Intelligence Agency 

Retirement and Disability System, $290,900,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For necessary expenses of the Intelligence Community Management Account, $707,912,000. 

TITLE VIII 

GENERAL PROVISIONS 

SEC. 8001. No part of any appropriation contained in this 

Act shall be used for publicity or propaganda purposes not authorized by the Congress. 

SEC. 8002. During the current fiscal year, provisions of law 

prohibiting the payment of compensation to, or employment of, 

any person not a citizen of the United States shall not apply 

to personnel of the Department of Defense: Provided, That salary 

increases granted to direct and indirect hire foreign national 

employees of the Department of Defense funded by this Act shall 

not be at a rate in excess of the percentage increase authorized 

by law for civilian employees of the Department of Defense whose 

pay is computed under the provisions of section 5332 of title 5, 

United States Code, or at a rate in excess of the percentage increase 

provided by the appropriate host nation to its own employees, 

whichever is higher: Provided further, That this section shall not 

apply to Department of Defense foreign service national employees 

serving at United States diplomatic missions whose pay is set 

by the Department of State under the Foreign Service Act of 1980: 

Provided further, That the limitations of this provision shall not 

apply to foreign national employees of the Department of Defense 

in the Republic of Turkey. 

Turkey. 

Pay rates. 

Foreign 

nationals. 

10 USC 1584 

note. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3427 

SEC. 8003. No part of any appropriation contained in this 

Act shall remain available for obligation beyond the current fiscal 

year, unless expressly so provided herein. 

SEC. 8004. No more than 20 percent of the appropriations 

in this Act which are limited for obligation during the current 

fiscal year shall be obligated during the last 2 months of the 

fiscal year: Provided, That this section shall not apply to obligations 

for support of active duty training of reserve components or summer 

camp training of the Reserve Officers’ Training Corps. 

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense 

that such action is necessary in the national interest, he may, 

with the approval of the Office of Management and Budget, transfer 

not to exceed $4,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) 

between such appropriations or funds or any subdivision thereof, 

to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided, That such authority to transfer may 

not be used unless for higher priority items, based on unforeseen 

military requirements, than those for which originally appropriated 

and in no case where the item for which funds are requested 

has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers 

made pursuant to this authority or any other authority in this 

Act: Provided further, That no part of the funds in this Act shall 

be available to prepare or present a request to the Committees 

on Appropriations for reprogramming of funds, unless for higher 

priority items, based on unforeseen military requirements, than 

those for which originally appropriated and in no case where the 

item for which reprogramming is requested has been denied by 

the Congress: Provided further, That a request for multiple 

reprogrammings of funds using authority provided in this section 

shall be made prior to June 30, 2010: Provided further, That transfers among military personnel appropriations shall not be taken 

into account for purposes of the limitation on the amount of funds 

that may be transferred under this section: Provided further, That 

no obligation of funds may be made pursuant to section 1206 

of Public Law 109–163 (or any successor provision) unless the 

Secretary of Defense has notified the congressional defense committees prior to any such obligation. 

SEC. 8006. (a) With regard to the list of specific programs, 

projects, and activities (and the dollar amounts and adjustments 

to budget activities corresponding to such programs, projects, and 

activities) contained in the tables titled ‘‘Explanation of Project 

Level Adjustments’’ in the explanatory statement regarding this 

Act, the obligation and expenditure of amounts appropriated or 

otherwise made available in this Act for those programs, projects, 

and activities for which the amounts appropriated exceed the 

amounts requested are hereby required by law to be carried out 

in the manner provided by such tables to the same extent as 

if the tables were included in the text of this Act. 

(b) Amounts specified in the referenced tables described in 

subsection (a) shall not be treated as subdivisions of appropriations 

Notification. 

Deadline. 

Reprogramming 

request. 

Notification. 


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123 STAT. 3428 PUBLIC LAW 111–118—DEC. 19, 2009 

for purposes of section 8005 of this Act: Provided, That section 

8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts. 

SEC. 8007. (a) Not later than 60 days after enactment of this 

Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application 

of reprogramming and transfer authorities for fiscal year 2010: 

Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation both 

by budget activity and program, project, and activity as detailed 

in the Budget Appendix; and 

(3) an identification of items of special congressional 

interest. 

(b) Notwithstanding section 8005 of this Act, none of the funds 

provided in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the 

congressional defense committees, unless the Secretary of Defense 

certifies in writing to the congressional defense committees that 

such reprogramming or transfer is necessary as an emergency 

requirement. 

SEC. 8008. The Secretaries of the Air Force and the Army 

are authorized, using funds available under the headings ‘‘Operation 

and Maintenance, Air Force’’ and ‘‘Operation and Maintenance, 

Army’’, to complete facility conversions and phased repair projects 

which may include upgrades and additions to Alaskan range infrastructure and training areas, and improved access to these ranges. 

(TRANSFER OF FUNDS)

SEC. 8009. During the current fiscal year, cash balances in 

working capital funds of the Department of Defense established 

pursuant to section 2208 of title 10, United States Code, may 

be maintained in only such amounts as are necessary at any time 

for cash disbursements to be made from such funds: Provided, 

That transfers may be made between such funds: Provided further, 

That transfers may be made between working capital funds and 

the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 

the ‘‘Operation and Maintenance’’ appropriation accounts in such 

amounts as may be determined by the Secretary of Defense, with 

the approval of the Office of Management and Budget, except that 

such transfers may not be made unless the Secretary of Defense 

has notified the Congress of the proposed transfer. Except in 

amounts equal to the amounts appropriated to working capital 

funds in this Act, no obligations may be made against a working 

capital fund to procure or increase the value of war reserve material 

inventory, unless the Secretary of Defense has notified the Congress 

prior to any such obligation. 

SEC. 8010. Funds appropriated by this Act may not be used 

to initiate a special access program without prior notification 30 

calendar days in advance to the congressional defense committees. 

SEC. 8011. None of the funds provided in this Act shall be 

available to initiate: (1) a multiyear contract that employs economic 

order quantity procurement in excess of $20,000,000 in any one 

Contracts. 

Notifications. 

Deadlines. 

10 USC 2306b 

note. 

Notification. 

Deadline. 

Notification. 

Notification. 

Certification. 

Deadline. 

Reports. 

Applicability. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3429 

year of the contract or that includes an unfunded contingent liability 

in excess of $20,000,000; or (2) a contract for advance procurement 

leading to a multiyear contract that employs economic order 

quantity procurement in excess of $20,000,000 in any one year, 

unless the congressional defense committees have been notified 

at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act 

shall be available to initiate a multiyear contract for which the 

economic order quantity advance procurement is not funded at 

least to the limits of the Government’s liability: Provided further, 

That no part of any appropriation contained in this Act shall 

be available to initiate multiyear procurement contracts for any 

systems or component thereof if the value of the multiyear contract 

would exceed $500,000,000 unless specifically provided in this Act: 

Provided further, That no multiyear procurement contract can be 

terminated without 10-day prior notification to the congressional 

defense committees: Provided further, That the execution of 

multiyear authority shall require the use of a present value analysis 

to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may 

be used for a multiyear contract executed after the date of the 

enactment of this Act unless in the case of any such contract— 

(1) the Secretary of Defense has submitted to Congress 

a report within 30 days of enactment of this Act that certifies 

full funding of units to be procured through the contract and, 

in the case of a contract for procurement of aircraft, that 

includes, for any aircraft unit to be procured through the contract for which procurement funds are identified in that report 

for production beyond advance procurement activities in the 

fiscal year 2010 budget, full funding of procurement of such 

unit in that fiscal year; 

(2) cancellation provisions in the contract do not include 

consideration of recurring manufacturing costs of the contractor 

associated with the production of unfunded units to be delivered 

under the contract; 

(3) the contract provides that payments to the contractor 

under the contract shall not be made in advance of incurred 

costs on funded units; and 

(4) the contract does not provide for a price adjustment 

based on a failure to award a follow-on contract. 

Funds appropriated in title III of this Act may be used for 

a multiyear procurement contract as follows: 

F–18 aircraft variants. 

SEC. 8012. Within the funds appropriated for the operation 

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, 

for humanitarian and civic assistance costs under chapter 20 of 

title 10, United States Code. Such funds may also be obligated 

for humanitarian and civic assistance costs incidental to authorized 

operations and pursuant to authority granted in section 401 of 

chapter 20 of title 10, United States Code, and these obligations 

shall be reported as required by section 401(d) of title 10, United 

States Code: Provided, That funds available for operation and 

maintenance shall be available for providing humanitarian and 

similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized 

Humanitarian 

assistance. 

Territories. 

Reports. 

Reports. 


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123 STAT. 3430 PUBLIC LAW 111–118—DEC. 19, 2009 

by Public Law 99–239: Provided further, That upon a determination 

by the Secretary of the Army that such action is beneficial for 

graduate medical education programs conducted at Army medical 

facilities located in Hawaii, the Secretary of the Army may authorize 

the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian 

patients from American Samoa, the Commonwealth of the Northern 

Mariana Islands, the Marshall Islands, the Federated States of 

Micronesia, Palau, and Guam. 

SEC. 8013. (a) During fiscal year 2010, the civilian personnel 

of the Department of Defense may not be managed on the basis 

of any end-strength, and the management of such personnel during 

that fiscal year shall not be subject to any constraint or limitation 

(known as an end-strength) on the number of such personnel who 

may be employed on the last day of such fiscal year. 

(b) The fiscal year 2011 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2011 Department of Defense budget 

request shall be prepared and submitted to the Congress as if 

subsections (a) and (b) of this provision were effective with regard 

to fiscal year 2011. 

(c) Nothing in this section shall be construed to apply to military 

(civilian) technicians. 

SEC. 8014. None of the funds made available by this Act shall 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

the Congress. 

SEC. 8015. None of the funds appropriated by this Act shall 

be available for the basic pay and allowances of any member of 

the Army participating as a full-time student and receiving benefits 

paid by the Secretary of Veterans Affairs from the Department 

of Defense Education Benefits Fund when time spent as a 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 the 

date of the enactment of this Act, is performed by more than 

10 Department of Defense civilian employees unless— 

(1) the conversion is based on the result of a public-private 

competition that includes a most efficient and cost effective 

organization plan developed by such activity or function; 

(2) the Competitive Sourcing Official determines that, over 

all performance periods stated in the solicitation of offers for 

performance of the activity or function, the cost of performance 

of the activity or function by a contractor would be less costly 

to the Department of Defense by an amount that equals or 

exceeds the lesser of— 

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or 

(B) $10,000,000; and 

Determination. 

Contracts. 

Outsourcing. 

Applicability. 

Lobbying. 

Budget request. 

Effective date. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3431 

(3) the contractor does not receive an advantage for a 

proposal that would reduce costs for the Department of Defense 

by— 

(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed 

in the performance of that activity or function under the 

contract; or 

(B) offering to such workers an employer-sponsored 

health benefits plan that requires the employer to contribute less towards the premium or subscription share 

than the amount that is paid by the Department of Defense 

for health benefits for civilian employees under chapter 

89 of title 5, United States Code. 

(b)(1) The Department of Defense, without regard to subsection 

(a) of this section or subsection (a), (b), or (c) of section 2461 

of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have 

full authority to enter into a contract for the performance of any 

commercial or industrial type function of the Department of Defense 

that— 

(A) is included on the procurement list established pursuant 

to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47); 

(B) is planned to be converted to performance by a qualified 

nonprofit agency for the blind or by a qualified nonprofit agency 

for other severely handicapped individuals in accordance with 

that Act; or 

(C) is planned to be converted to performance by a qualified 

firm under at least 51 percent ownership by an Indian tribe, 

as defined in section 4(e) of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b(e)), or a Native 

Hawaiian Organization, as defined in section 8(a)(15) of the 

Small Business Act (15 U.S.C. 637(a)(15)). 

(2) This section shall not apply to depot contracts or contracts 

for depot maintenance as provided in sections 2469 and 2474 of 

title 10, United States Code. 

(c) The conversion of any activity or function of the Department 

of Defense under the authority provided by this section shall be 

credited toward any competitive or outsourcing goal, target, or 

measurement that may be established by statute, regulation, or 

policy and is deemed to be awarded under the authority of, and 

in compliance with, subsection (h) of section 2304 of title 10, United 

States Code, for the competition or outsourcing of commercial activities. 

(TRANSFER OF FUNDS)

SEC. 8017. Funds appropriated in title III of this Act for the 

Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for 

the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the 

National Defense Authorization Act for Fiscal Year 1991 (Public 

Law 101–510; 10 U.S.C. 2302 note), as amended, under the 

authority of this provision or any other transfer authority contained 

in this Act. 

SEC. 8018. None of the funds in this Act may be available 

for the purchase by the Department of Defense (and its departments 

Vessels. 


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123 STAT. 3432 PUBLIC LAW 111–118—DEC. 19, 2009 

and agencies) of welded shipboard anchor and mooring chain 4 

inches in diameter and under unless the anchor and mooring chain 

are manufactured in the United States from components which 

are substantially manufactured in the United States: Provided, 

That for the purpose of this section, the term ‘‘manufactured’’ shall 

include cutting, heat treating, quality control, testing of chain and 

welding (including the forging and shot blasting process): Provided 

further, That for the purpose of this section substantially all of 

the components of anchor and mooring chain shall be considered 

to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United 

States exceeds the aggregate cost of the components produced or 

manufactured outside the United States: Provided further, That 

when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary 

of the service responsible for the procurement may waive this 

restriction on a case-by-case basis by certifying in writing to the 

Committees on Appropriations that such an acquisition must be 

made in order to acquire capability for national security purposes. 

SEC. 8019. None of the funds available to the Department 

of Defense may be used to demilitarize or dispose of M–1 Carbines, 

M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 

or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited 

from commercial sale under Federal law, unless the small arms 

ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for 

further use. 

SEC. 8020. No more than $500,000 of the funds appropriated 

or made available in this Act shall be used during a single fiscal 

year for any single relocation of an organization, unit, activity 

or function of the Department of Defense into or within the National 

Capital Region: Provided, That the Secretary of Defense may waive 

this restriction on a case-by-case basis by certifying in writing 

to the congressional defense committees that such a relocation 

is required in the best interest of the Government. 

SEC. 8021. In addition to the funds provided elsewhere in 

this Act, $15,000,000 is appropriated only for incentive payments 

authorized by section 504 of the Indian Financing Act of 1974 

(25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United 

States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, 

United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 

of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 

the prime contract or subcontract amount is over $500,000 and 

involves the expenditure of funds appropriated by an Act making 

Appropriations for the Department of Defense with respect to any 

fiscal year: Provided further, That notwithstanding section 430 of 

title 41, United States Code, this section shall be applicable to 

any Department of Defense acquisition of supplies or services, 

including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or 

in part by any subcontractor or supplier defined in section 1544 

of title 25, United States Code, or a small business owned and 

Applicability. 

Contracts. 

Waiver authority. 

Certification. 

Arms and 

munitions. 

Certification. 

Waiver authority. 

Certification. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3433 

controlled by an individual or individuals defined under section 

4221(9) of title 25, United States Code. 

SEC. 8022. Funds appropriated by this Act for the Defense 

Media Activity shall not be used for any national or international 

political or psychological activities. 

SEC. 8023. None of the funds appropriated by this Act shall 

be available to perform any cost study pursuant to the provisions 

of OMB Circular A–76 if the study being performed exceeds the 

period permitted by section 322 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84). 

SEC. 8024. During the current fiscal year, the Department 

of Defense is authorized to incur obligations of not to exceed 

$350,000,000 for purposes specified in section 2350j(c) of title 10, 

United States Code, in anticipation of receipt of contributions, only 

from the Government of Kuwait, under that section: Provided, 

That upon receipt, such contributions from the Government of 

Kuwait shall be credited to the appropriations or fund which 

incurred such obligations. 

SEC. 8025. (a) Of the funds made available in this Act, not 

less than $33,756,000 shall be available for the Civil Air Patrol 

Corporation, of which— 

(1) $26,433,000 shall be available from ‘‘Operation and 

Maintenance, Air Force’’ to support Civil Air Patrol Corporation 

operation and maintenance, readiness, counterdrug activities, 

and drug demand reduction activities involving youth programs; 

(2) $6,426,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and 

(3) $897,000 shall be available from ‘‘Other Procurement, 

Air Force’’ for vehicle procurement. 

(b) The Secretary of the Air Force should waive reimbursement 

for any funds used by the Civil Air Patrol for counter-drug activities 

in support of Federal, State, and local government agencies. 

SEC. 8026. (a) None of the funds appropriated in this Act 

are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), 

either as a new entity, or as a separate entity administrated by 

an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs 

and other nonprofit entities. 

(b) No member of a Board of Directors, Trustees, Overseers, 

Advisory Group, Special Issues Panel, Visiting Committee, or any 

similar entity of a defense FFRDC, and no paid consultant to 

any defense FFRDC, except when acting in a technical advisory 

capacity, may be compensated for his or her services as a member 

of such entity, or as a paid consultant by more than one FFRDC 

in a fiscal year: Provided, That a member of any such entity 

referred to previously in this subsection shall be allowed travel 

expenses and per diem as authorized under the Federal Joint Travel 

Regulations, when engaged in the performance of membership 

duties. 

(c) Notwithstanding any other provision of law, none of the 

funds available to the department from any source during fiscal 

year 2010 may be used by a defense FFRDC, through a fee or 

other payment mechanism, for construction of new buildings, for 

payment of cost sharing for projects funded by Government grants, 

Kuwait. 

Study. 


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123 STAT. 3434 PUBLIC LAW 111–118—DEC. 19, 2009 

for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community 

service and/or development. 

(d) Notwithstanding any other provision of law, of the funds 

available to the department during fiscal year 2010, not more 

than 5,600 staff years of technical effort (staff years) may be funded 

for defense FFRDCs: Provided, That of the specific amount referred 

to previously in this subsection, not more than 1,100 staff years 

may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years 

funded in the National Intelligence Program (NIP) and the Military 

Intelligence Program (MIP). 

(e) The Secretary of Defense shall, with the submission of 

the department’s fiscal year 2011 budget request, submit a report 

presenting the specific amounts of staff years of technical effort 

to be allocated for each defense FFRDC during that fiscal year 

and the associated budget estimates. 

(f) Notwithstanding any other provision of this Act, the total 

amount appropriated in this Act for FFRDCs is hereby reduced 

by $125,200,000. 

SEC. 8027. None of the funds appropriated or made available 

in this Act shall be used to procure carbon, alloy or armor steel 

plate for use in any Government-owned facility or property under 

the control of the Department of Defense which were not melted 

and rolled in the United States or Canada: Provided, That these 

procurement restrictions shall apply to any and all Federal Supply 

Class 9515, American Society of Testing and Materials (ASTM) 

or American Iron and Steel Institute (AISI) specifications of carbon, 

alloy or armor steel plate: Provided further, That the Secretary 

of the military department responsible for the procurement may 

waive this restriction on a case-by-case basis by certifying in writing 

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely 

basis and that such an acquisition must be made in order to 

acquire capability for national security purposes: Provided further, 

That these restrictions shall not apply to contracts which are in 

being as of the date of the enactment of this Act. 

SEC. 8028. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the 

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the 

Committee on Appropriations of the House of Representatives. 

SEC. 8029. During the current fiscal year, the Department 

of Defense may acquire the modification, depot maintenance and 

repair of aircraft, vehicles and vessels as well as the production 

of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities 

and private firms: Provided, That the Senior Acquisition Executive 

of the military department or Defense Agency concerned, with power 

of delegation, shall certify that successful bids include comparable 

estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget 

Circular A–76 shall not apply to competitions conducted under 

this section. 

Certification. 

Definition. 

10 USC 101 note. 

Waiver authority. 

Certification. 

Applicability. 

Contracts. 

Reports. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3435 

SEC. 8030. (a)(1) If the Secretary of Defense, after consultation 

with the United States Trade Representative, determines that a 

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating 

against certain types of products produced in the United States 

that are covered by the agreement, the Secretary of Defense shall 

rescind the Secretary’s blanket waiver of the Buy American Act 

with respect to such types of products produced in that foreign 

country. 

(2) An agreement referred to in paragraph (1) is any reciprocal 

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the Secretary 

of Defense has prospectively waived the Buy American Act for 

certain products in that country. 

(b) The Secretary of Defense shall submit to the Congress 

a report on the amount of Department of Defense purchases from 

foreign entities in fiscal year 2010. Such report shall separately 

indicate the dollar value of items for which the Buy American 

Act was waived pursuant to any agreement described in subsection 

(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), 

or any international agreement to which the United States is a 

party. 

(c) For purposes of this section, the term ‘‘Buy American Act’’ 

means title III of the Act entitled ‘‘An Act making appropriations 

for the Treasury and Post Office Departments for the fiscal year 

ending June 30, 1934, and for other purposes’’, approved March 

3, 1933 (41 U.S.C. 10a et seq.). 

SEC. 8031. During the current fiscal year, amounts contained 

in the Department of Defense Overseas Military Facility Investment 

Recovery Account established by section 2921(c)(1) of the National 

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 

2687 note) shall be available until expended for the payments 

specified by section 2921(c)(2) of that Act. 

SEC. 8032. (a) Notwithstanding any other provision of law, 

the Secretary of the Air Force may convey at no cost to the Air 

Force, without consideration, to Indian tribes located in the States 

of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 

and Minnesota relocatable military housing units located at Grand 

Forks Air Force Base, Malmstrom Air Force Base, Mountain Home 

Air Force Base, Ellsworth Air Force Base, and Minot Air Force 

Base that are excess to the needs of the Air Force. 

(b) The Secretary of the Air Force shall convey, at no cost 

to the Air Force, military housing units under subsection (a) in 

accordance with the request for such units that are submitted 

to the Secretary by the Operation Walking Shield Program on 

behalf of Indian tribes located in the States of Nevada, Idaho, 

North Dakota, South Dakota, Montana, Oregon, and Minnesota. 

(c) The Operation Walking Shield Program shall resolve any 

conflicts among requests of Indian tribes for housing units under 

subsection (a) before submitting requests to the Secretary of the 

Air Force under subsection (b). 

(d) In this section, the term ‘‘Indian tribe’’ means any recognized 

Indian tribe included on the current list published by the Secretary 

of the Interior under section 104 of the Federally Recognized Indian 

Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 

479a–1). 

Definition. 

Land conveyance. 

Housing. 

Native 

Americans. 

State listing. 

Definition. 

Reports. 

Memorandum. 

Determination. 

Contracts. 

Rescission. 

41 USC 10b–2 

note. 


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123 STAT. 3436 PUBLIC LAW 111–118—DEC. 19, 2009 

SEC. 8033. During the current fiscal year, appropriations which 

are available to the Department of Defense for operation and 

maintenance may be used to purchase items having an investment 

item unit cost of not more than $250,000. 

SEC. 8034. (a) During the current fiscal year, none of the 

appropriations or funds available to the Department of Defense 

Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for 

sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense 

Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during 

fiscal year 1994 and if the purchase of such an investment item 

would be chargeable during the current fiscal year to appropriations 

made to the Department of Defense for procurement. 

(b) The fiscal year 2011 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2011 Department of Defense budget 

shall be prepared and submitted to the Congress on the basis 

that any equipment which was classified as an end item and funded 

in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2011 procurement appropriation 

and not in the supply management business area or any other 

area or category of the Department of Defense Working Capital 

Funds. 

SEC. 8035. None of the funds appropriated by this Act for 

programs of the Central Intelligence Agency shall remain available 

for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2011: Provided, That funds appropriated, 

transferred, or otherwise credited to the Central Intelligence Agency 

Central Services Working Capital Fund during this or any prior 

or subsequent fiscal year shall remain available until expended: 

Provided further, That any funds appropriated or transferred to 

the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National 

Security Act of 1947, as amended, shall remain available until 

September 30, 2011. 

SEC. 8036. Notwithstanding any other provision of law, funds 

made available in this Act for the Defense Intelligence Agency 

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and 

intelligence information systems for the Services, the Unified and 

Specified Commands, and the component commands. 

SEC. 8037. Of the funds appropriated to the Department of 

Defense under the heading ‘‘Operation and Maintenance, 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 and 

cost to complete estimates for mitigation, on Indian lands resulting 

from Department of Defense activities. 

SEC. 8038. (a) None of the funds appropriated in this Act 

may be expended by an entity of the Department of Defense unless 

the entity, in expending the funds, complies with the Buy American 

50 USC 403u 

note. 

Budget request. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3437 

Act. For purposes of this subsection, the term ‘‘Buy American Act’’ 

means title III of the Act entitled ‘‘An Act making appropriations 

for the Treasury and Post Office Departments for the fiscal year 

ending June 30, 1934, and for other purposes’’, approved March 

3, 1933 (41 U.S.C. 10a et seq.). 

(b) If the Secretary of Defense determines that a person has 

been convicted of intentionally affixing a label bearing a ‘‘Made 

in America’’ inscription to any product sold in or shipped to the 

United States that is not made in America, the Secretary shall 

determine, in accordance with section 2410f of title 10, United 

States Code, whether the person should be debarred from contracting with the Department of Defense. 

(c) In the case of any equipment or products purchased with 

appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending 

the appropriation, purchase only American-made equipment and 

products, provided that American-made equipment and products 

are cost-competitive, quality-competitive, and available in a timely 

fashion. 

SEC. 8039. None of the funds appropriated by this Act shall 

be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited 

proposal unless the head of the activity responsible for the procurement determines— 

(1) as a result of thorough technical evaluation, only one 

source is found fully qualified to perform the proposed work; 

(2) the purpose of the contract is to explore an unsolicited 

proposal which offers significant scientific or technological 

promise, represents the product of original thinking, and was 

submitted in confidence by one source; or 

(3) the purpose of the contract is to take advantage of 

unique and significant industrial accomplishment by a specific 

concern, or to insure that a new product or idea of a specific 

concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than 

$25,000, contracts related to improvements of equipment that 

is in development or production, or contracts as to which a 

civilian official of the Department of Defense, who has been 

confirmed by the Senate, determines that the award of such 

contract is in the interest of the national defense. 

SEC. 8040. (a) Except as provided in subsections (b) and (c), 

none of the funds made available by this Act may be used— 

(1) to establish a field operating agency; or 

(2) to pay the basic pay of a member of the Armed Forces 

or civilian employee of the department who is transferred or 

reassigned from a headquarters activity if the member or 

employee’s place of duty remains at the location of that headquarters. 

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate 

that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department. 

(c) This section does not apply to— 

(1) field operating agencies funded within the National 

Intelligence Program; or 

Waiver authority. 

Determination. 

Certification. 

Determination. 

Contracts. 

Determination. 

Determination. 

Labeling. 

Fraud. 

Debarment. 

Definition. 


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123 STAT. 3438 PUBLIC LAW 111–118—DEC. 19, 2009 

(2) an Army field operating agency established to eliminate, 

mitigate, or counter the effects of improvised explosive devices, 

and, as determined by the Secretary of the Army, other similar 

threats. 

SEC. 8041. The Secretary of Defense, notwithstanding any other 

provision of law, acting through the Office of Economic Adjustment 

of the Department of Defense, may use funds made available in 

this Act under the heading ‘‘Operation and Maintenance, DefenseWide’’ to make grants and supplement other Federal funds in 

accordance with the guidance provided in the explanatory statement 

regarding this Act. 

(RESCISSIONS)

SEC. 8042. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

‘‘Research, Development, Test and Evaluation, Navy, 2009/ 

2010’’, $20,000,000; 

‘‘Research, Development, Test and Evaluation, Air Force, 

2009/2010’’, $98,430,000; 

‘‘Research, Development, Test and Evaluation, 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 are 

a direct result of a reduction in military force structure. 

SEC. 8044. None of the funds appropriated or otherwise made 

available in this Act may be obligated or expended for assistance 

to the Democratic People’s Republic of Korea unless specifically 

appropriated for that purpose. 

SEC. 8045. Funds appropriated in this Act for operation and 

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence 

or counterintelligence support to Combatant Commands, Defense 

Agencies and Joint Intelligence Activities, including the activities 

and programs included within the National Intelligence Program 

and the Military Intelligence Program: Provided, That nothing in 

this section authorizes deviation from established Reserve and 

National Guard personnel and training procedures. 

North Korea. 

Grants. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3439 

SEC. 8046. During the current fiscal year, none of the funds 

appropriated in this Act may be used to reduce the civilian medical 

and medical support personnel assigned to military treatment facilities below the September 30, 2003, level: Provided, That the Service 

Surgeons General may waive this section by certifying to the 

congressional defense committees that the beneficiary population 

is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and 

capitation-based budgeting. 

SEC. 8047. (a) None of the funds available to the Department 

of Defense for any fiscal year for drug interdiction or 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 agency 

of the United States except as specifically provided in an appropriations law. 

SEC. 8048. None of the funds appropriated by this Act may 

be used for the procurement of ball and roller bearings other than 

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible 

for such procurement may waive this restriction on a case-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 to 

the purchase of ‘‘commercial items’’, as defined by section 4(12) 

of the Office of Federal Procurement Policy Act, except that the 

restriction shall apply to ball or roller bearings purchased as end 

items. 

SEC. 8049. None of the funds in this Act may be used to 

purchase any supercomputer which is not manufactured in the 

United States, unless the Secretary of Defense certifies to the 

congressional defense committees that such an acquisition must 

be made in order to acquire capability for national security purposes 

that is not available from United States manufacturers. 

SEC. 8050. None of the funds made available in this or any 

other Act may be used to pay the salary of any officer or employee 

of the Department of Defense who approves or implements the 

transfer of administrative responsibilities or budgetary resources 

of any program, project, or activity financed by this Act to the 

jurisdiction of another Federal agency not financed by this Act 

without the express authorization of Congress: Provided, That this 

limitation shall not apply to transfers of funds expressly provided 

for in Defense Appropriations Acts, or provisions of Acts providing 

supplemental appropriations for the Department of Defense. 

SEC. 8051. (a) Notwithstanding any other provision of law, 

none of the funds available to the Department of Defense for the 

current fiscal year may be obligated or expended to transfer to 

another nation or an international organization any defense articles 

or services (other than intelligence services) for use in the activities 

Notification. 

Deadline. 

Salaries. 

Certification. 

Applicability. 

Waiver authority. 

Certification. 

Ball and roller 

bearings. 

50 USC 403f 

note. 

Drugs and drug 

abuse. 

10 USC 374 note. 

Waiver authority. 

Certification. 


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123 STAT. 3440 PUBLIC LAW 111–118—DEC. 19, 2009 

described in subsection (b) unless the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate are 

notified 15 days in advance of such transfer. 

(b) This section applies to— 

(1) any international peacekeeping or peace-enforcement 

operation under the authority of chapter VI or chapter VII 

of the United Nations Charter under the authority of a United 

Nations Security Council resolution; and 

(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation. 

(c) A notice under subsection (a) shall include the following— 

(1) A description of the equipment, supplies, or services 

to be transferred. 

(2) A statement of the value of the equipment, supplies, 

or services to be transferred. 

(3) In the case of a proposed transfer of equipment or 

supplies— 

(A) a statement of whether the inventory requirements 

of all elements of the Armed Forces (including the reserve 

components) for the type of equipment or supplies to be 

transferred have been met; and 

(B) a statement of whether the items proposed to be 

transferred will have to be replaced and, if so, how the 

President proposes to provide funds for such replacement. 

SEC. 8052. None of the funds available to the Department 

of Defense under this Act shall be obligated or expended to pay 

a contractor under a contract with the Department of Defense 

for costs of any amount paid by the contractor to an employee 

when— 

(1) such costs are for a bonus or otherwise in excess of 

the normal salary paid by the contractor to the employee; 

and 

(2) such bonus is part of restructuring costs associated 

with a business combination. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8053. During the current fiscal year, no more than 

$30,000,000 of appropriations made in this Act under the heading 

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 

to appropriations available for the pay of military personnel, to 

be merged with, and to be available for the same time period 

as the appropriations to which transferred, to be used in support 

of such personnel in connection with support and services for eligible 

organizations and activities outside the Department of Defense 

pursuant to section 2012 of title 10, United States Code. 

SEC. 8054. During the current fiscal year, in the case of an 

appropriation account of the Department of Defense for which the 

period of availability for obligation has expired or which has closed 

under the provisions of section 1552 of title 31, United States 

Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be 

charged to any current appropriation account for the same purpose 

as the expired or closed account if— 

Contracts. 

Applicability. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3441 

(1) the obligation would have been properly chargeable 

(except as to amount) to the expired or closed account before 

the end of the period of availability or closing of that account; 

(2) the obligation is not otherwise properly chargeable to 

any current appropriation account of the Department of 

Defense; and 

(3) in the case of an expired account, the obligation is 

not chargeable to a current appropriation of the Department 

of Defense under the provisions of section 1405(b)(8) of the 

National Defense Authorization Act for Fiscal Year 1991, Public 

Law 101–510, as amended (31 U.S.C. 1551 note): Provided, 

That in the case of an expired account, if subsequent review 

or investigation discloses that there was not in fact a negative 

unliquidated or unexpended balance in the account, any charge 

to a current account under the authority of this section shall 

be reversed and recorded against the expired account: Provided 

further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 

1 percent of the total appropriation for that account. 

SEC. 8055. (a) IN GENERAL.—Service as a member of the Alaska 

Territorial Guard during World War II of any individual who was 

honorably discharged therefrom under section 8147 of the Department of Defense Appropriations Act, 2001 (Public Law 106–259; 

114 Stat. 705) shall be treated as active service for purposes of 

the computation under chapter 61, 71, 371, 571, 871, or 1223 

of title 10, United States Code, as applicable, of the retired pay 

to which such individual may be entitled under title 10, United 

States Code. 

(b) APPLICABILITY.—Subsection (a) shall apply with respect to 

amounts of retired pay payable under title 10, United States Code, 

for months beginning on or after the date of the enactment of 

this Act. No retired pay shall be paid to any individual by reason 

of subsection (a) for any period before that date. 

(c) WORLD WAR II DEFINED.—In this section, the term ‘‘World 

War II’’ has the meaning given that term in section 101(8) of 

title 38, United States Code. 

SEC. 8056. (a) Notwithstanding any other provision of law, 

the Chief of the National Guard Bureau may permit the use of 

equipment of the National Guard Distance Learning Project by 

any person or entity on a space-available, reimbursable basis. The 

Chief of the National Guard Bureau shall establish the amount 

of reimbursement for such use on a case-by-case basis. 

(b) Amounts collected under subsection (a) shall be credited 

to funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of 

equipment of the project under that subsection. Such funds shall 

be available for such purposes without fiscal year limitation. 

SEC. 8057. Using funds available by this Act or any other 

Act, the Secretary of the Air Force, pursuant to a determination 

under section 2690 of title 10, United States Code, may implement 

cost-effective agreements for required heating facility modernization 

in the Kaiserslautern Military Community in the Federal Republic 

of Germany: Provided, That in the City of Kaiserslautern such 

agreements will include the use of United States anthracite as 

the base load energy for municipal district heat to the United 

States Defense installations: Provided further, That at Landstuhl 

Army Regional Medical Center and Ramstein Air Base, furnished 

Anthracite. 

Germany. 

Reimbursement. 

10 USC 1401 

note. 


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123 STAT. 3442 PUBLIC LAW 111–118—DEC. 19, 2009 

heat may be obtained from private, regional or municipal services, 

if provisions are included for the consideration of United States 

coal as an energy source. 

SEC. 8058. None of the funds appropriated in title IV of this 

Act may be used to procure end-items for delivery to military 

forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items 

used in development, prototyping, and test activities preceding and 

leading to acceptance for operational use: Provided further, That 

this restriction does not apply to programs funded within the 

National Intelligence Program: Provided further, That the Secretary 

of Defense may waive this restriction on a case-by-case basis by 

certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate that it is in the national 

security interest to do so. 

SEC. 8059. None of the funds made available in this Act may 

be used to approve or license the sale of the F–22A advanced 

tactical fighter to any foreign government: Provided, That the 

Department of Defense may conduct or participate in studies, 

research, design and other activities to define and develop a future 

export version of the F–22A that protects classified and sensitive 

information, technologies and U.S. warfighting capabilities. 

SEC. 8060. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation 

on the procurement of defense items from foreign sources provided 

in law if the Secretary determines that the application of the 

limitation with respect to that country would invalidate cooperative 

programs entered into between the Department of Defense and 

the foreign country, or would invalidate reciprocal trade agreements 

for the procurement of defense items entered into under section 

2531 of title 10, United States Code, and the country does not 

discriminate against the same or similar defense items produced 

in the United States for that country. 

(b) Subsection (a) applies with respect to— 

(1) contracts and subcontracts entered into on or after 

the date of the enactment of this Act; and 

(2) options for the procurement of items that are exercised 

after such date under contracts that are entered into before 

such date if the option prices are adjusted for any reason 

other than the application of a waiver granted under subsection 

(a). 

(c) Subsection (a) does not apply to a limitation regarding 

construction of public vessels, ball and roller bearings, food, and 

clothing or textile materials as defined by section 11 (chapters 

50–65) of the Harmonized Tariff Schedule and products classified 

under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 

7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

SEC. 8061. (a) None of the funds made available by this Act 

may be used to support any training program involving a unit 

of the security forces of a foreign country if the Secretary of Defense 

has received credible information from the Department of State 

that the unit has committed a gross violation of human rights, 

unless all necessary corrective steps have been taken. 

(b) The Secretary of Defense, in consultation with the Secretary 

of State, shall ensure that prior to a decision to conduct any training 

program referred to in subsection (a), full consideration is given 

Human rights. 

Applicability. 

Waiver authority. 

Determination. 

Waiver authority. 

Certification. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3443 

to all credible information available to the Department of State 

relating to human rights violations by foreign security forces. 

(c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if 

he determines that such waiver is required by extraordinary circumstances. 

(d) Not more than 15 days after the exercise of any waiver 

under subsection (c), the Secretary of Defense shall submit a report 

to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training 

program, the United States forces and the foreign security forces 

involved in the training program, and the information relating 

to human rights violations that necessitates the waiver. 

SEC. 8062. None of the funds appropriated or made available 

in this Act to the Department of the Navy shall be used to develop, 

lease or procure the T–AKE class of ships unless the main propulsion diesel engines and propulsors are manufactured in the United 

States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case 

basis by certifying in writing to the Committees on Appropriations 

of the House of Representatives and the Senate that adequate 

domestic supplies are not available to meet Department of Defense 

requirements on a timely basis and that such an acquisition must 

be made in order to acquire capability for national security purposes 

or there exists a significant cost or quality difference. 

SEC. 8063. None of the funds appropriated or otherwise made 

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing 

repairs or maintenance to military family housing units of the 

Department of Defense, including areas in such military family 

housing units that may be used for the purpose of conducting 

official Department of Defense business. 

SEC. 8064. Notwithstanding any other provision of law, funds 

appropriated in this Act under the heading ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ for any new start advanced 

concept technology demonstration project or joint capability demonstration project may only be obligated 30 days after a report, 

including a description of the project, the planned acquisition and 

transition strategy and its estimated annual and total cost, has 

been provided in writing to the congressional defense committees: 

Provided, That the Secretary of Defense may waive this restriction 

on a case-by-case basis by certifying to the congressional defense 

committees that it is in the national interest to do so. 

SEC. 8065. The Secretary of Defense shall provide a classified 

quarterly report beginning 30 days after enactment of this Act, 

to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified 

annex accompanying this Act. 

SEC. 8066. During the current fiscal year, none of the funds 

available to the Department of Defense may be used to provide 

support to another department or agency of the United States 

if such department or agency is more than 90 days in arrears 

in making payment to the Department of Defense for goods or 

services previously provided to such department or agency on a 

reimbursable basis: Provided, That this restriction shall not apply 

if the department is authorized by law to provide support to such 

department or agency on a nonreimbursable basis, and is providing 

Classified 

information. 

Reports. 

Deadlines. 

Effective date. 

Reports. 

Waiver authority. 

Certification. 

Vessels. 

Deadline. 

Reports. 

Waiver authority. 

Determination. 


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123 STAT. 3444 PUBLIC LAW 111–118—DEC. 19, 2009 

the requested support pursuant to such authority: Provided further, That the Secretary of Defense may waive this restriction on a 

case-by-case basis by certifying in writing to the Committees on 

Appropriations of the House of Representatives and the Senate 

that it is in the national security interest to do so. 

SEC. 8067. Notwithstanding section 12310(b) of title 10, United 

States Code, a Reserve who is a member of the National Guard 

serving on full-time National Guard duty under section 502(f) of 

title 32, United States Code, may perform duties in support of 

the ground-based elements of the National Ballistic Missile Defense 

System. 

SEC. 8068. None of the funds provided in this Act may be 

used to transfer to any nongovernmental entity ammunition held 

by the Department of Defense that has a center-fire cartridge 

and a United States military nomenclature designation of ‘‘armor 

penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 

(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 

entity performing demilitarization services for the Department of 

Defense under a contract that requires the entity to demonstrate 

to the satisfaction of the Department of Defense that armor piercing 

projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant 

to a contract with the Department of Defense or the manufacture 

of ammunition for export pursuant to a License for Permanent 

Export of Unclassified Military Articles issued by the Department 

of State. 

SEC. 8069. Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau, or his designee, may waive 

payment of all or part of the consideration that otherwise would 

be required under section 2667 of title 10, United States Code, 

in the case of a lease of personal property for a period not in 

excess of 1 year to any organization specified in section 508(d) 

of title 32, United States Code, or any other youth, social, or 

fraternal nonprofit organization as may be approved by the Chief 

of the National Guard Bureau, or his designee, on a case-by-case 

basis. 

SEC. 8070. None of the funds appropriated by this Act shall 

be used for the support of any nonappropriated funds activity 

of the Department of Defense that procures malt beverages and 

wine with nonappropriated funds for resale (including such alcoholic 

beverages sold by the drink) on a military installation located 

in the United States unless such malt beverages and wine are 

procured within that State, or in the case of the District of 

Columbia, within the District of Columbia, in which the military 

installation is located: Provided, That in a case in which the military 

installation is located in more than one State, purchases may be 

made in any State in which the installation is located: Provided 

further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for 

military installations in States which are not contiguous with 

another State: Provided further, That alcoholic beverages other 

than wine and malt beverages, in contiguous States and the District 

of Columbia shall be procured from the most competitive source, 

price and other factors considered. 

SEC. 8071. Funds available to the Department of Defense for 

the Global Positioning System during the current fiscal year may 

be used to fund civil requirements associated with the satellite 

Applicability. 

Alcohol and 

alcoholic 

beverages. 

Waiver authority. 

Time period. 

Arms and 

munitions. 

Waiver authority. 

Certification. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3445 

and ground control segments of such system’s modernization program. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8072. Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Army’’, $106,754,000 

shall remain available until expended: Provided, That notwithstanding any other provision of law, the Secretary of Defense is 

authorized to transfer such funds to other activities of the Federal 

Government: Provided further, That the Secretary of Defense is 

authorized to enter into and carry out contracts for the acquisition 

of real property, construction, personal services, and operations 

related to projects carrying out the purposes of this section: Provided 

further, That contracts entered into under the authority of this 

section may provide for such indemnification as the Secretary determines to be necessary: Provided further, That projects authorized 

by this section shall comply with applicable Federal, State, and 

local law to the maximum extent consistent with the national 

security, as determined by the Secretary of Defense. 

SEC. 8073. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under 

subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 

U.S.C. 113 note) shall continue in effect to apply to disbursements 

that are made by the Department of Defense in fiscal year 2010. 

SEC. 8074. In addition to amounts provided elsewhere in this 

Act, $3,750,000 is hereby appropriated to the Department of 

Defense, to remain available for obligation until expended: Provided, 

That notwithstanding any other provision of law, these funds shall 

be available only for a grant to the Fisher House Foundation, 

Inc., only for the construction and furnishing of additional Fisher 

Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military 

beneficiary. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8075. Of the amounts appropriated in this Act under 

the heading ‘‘Research, Development, Test and Evaluation, 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 shall 

be for the Arrow Missile Defense Program, of which $25,000,000 

shall be for producing Arrow missile components in the United 

States and Arrow missile components in Israel to meet Israel’s 

defense requirements, consistent with each nation’s laws, regulations and procedures: Provided further, That funds made available 

under this provision for production of missiles and missile components may be transferred to appropriations available for the 

procurement of weapons and equipment, to be merged with and 

to be available for the same time period and the same purposes 

as the appropriation to which transferred: Provided further, That 

the transfer authority provided under this provision is in addition 

to any other transfer authority contained in this Act. 

Grants. 

Fish House 

Foundation, Inc. 

Applicability. 

10 USC 113 note. 

Contracts. 

Real property. 


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123 STAT. 3446 PUBLIC LAW 111–118—DEC. 19, 2009 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8076. Of the amounts appropriated in this Act under 

the heading ‘‘Shipbuilding and Conversion, Navy’’, $144,950,000 

shall be available until September 30, 2010, to fund prior year 

shipbuilding cost increases: Provided, That upon enactment of this 

Act, the Secretary of the Navy shall transfer such funds to the 

following appropriations in the amounts specified: Provided further, 

That the amounts transferred shall be merged with and be available 

for the same purposes as the appropriations to which transferred: 

To: 

Under the heading ‘‘Shipbuilding and Conversion, 

Navy, 2004/2010’’: 

New SSN, $26,906,000; and 

LPD–17 Amphibious Transport Dock Program, 

$16,844,000. 

Under the heading ‘‘Shipbuilding and Conversion, 

Navy, 2005/2010’’: 

New SSN, $18,702,000; and 

LPD–17 Amphibious Transport Dock Program, 

$16,498,000. 

Under the heading ‘‘Shipbuilding and Conversion, 

Navy, 2008/2012’’: 

LPD–17 Amphibious Transport Dock Program, 

$66,000,000. 

SEC. 8077. None of the funds available to the Department 

of Defense may be obligated to modify command and control relationships to give Fleet Forces Command administrative and operational control of U.S. Navy forces assigned to the Pacific fleet: 

Provided, That the command and control relationships which 

existed on October 1, 2004, shall remain in force unless changes 

are specifically authorized in a subsequent Act. 

SEC. 8078. Notwithstanding any other provision of law or regulation, the Secretary of Defense may exercise the provisions of 

section 7403(g) of title 38, United States Code, for occupations 

listed in section 7403(a)(2) of title 38, United States Code, as 

well as the following: 

Pharmacists, Audiologists, Psychologists, Social Workers, 

Othotists/Prosthetists, Occupational Therapists, Physical 

Therapists, Rehabilitation Therapists, Respiratory Therapists, 

Speech Pathologists, Dietitian/Nutritionists, Industrial Hygienists, Psychology Technicians, Social Service Assistants, Practical Nurses, Nursing Assistants, and Dental Hygienists: 

(A) The requirements of section 7403(g)(1)(A) of title 

38, United States Code, shall apply. 

(B) The limitations of section 7403(g)(1)(B) of title 38, 

United States Code, shall not apply. 

SEC. 8079. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence activities are 

deemed to be specifically authorized by the Congress for purposes 

of section 504 of the National Security Act of 1947 (50 U.S.C. 

414) during fiscal year 2010 until the enactment of the Intelligence 

Authorization Act for Fiscal Year 2010. 

SEC. 8080. None of the funds provided in this Act shall be 

available for obligation or expenditure through a reprogramming 

of funds that creates or initiates a new program, project, or activity 

Notification. 

Applicability. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3447 

unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written 

prior notification to the congressional defense committees. 

SEC. 8081. In addition to funds made available elsewhere in 

this Act, $5,500,000 is hereby appropriated and shall remain available until expended to provide assistance, by grant or otherwise 

(such as the provision of funds for information technology and 

textbook purchases, professional development for educators, and 

student transition support) to public schools in states that are 

considered overseas assignments with unusually high concentrations of special needs military dependents enrolled: Provided, That 

up to 2 percent of the total appropriated funds under this section 

shall be available for the administration and execution of the programs and/or events that promote the purpose of this appropriation: 

Provided further, That up to 5 percent of the total appropriated 

funds under this section shall be available to public schools that 

have entered into a military partnership: Provided further, That 

$1,000,000 shall be available for a nonprofit trust fund to assist 

in the public-private funding of public school repair and maintenance projects: Provided further, That $500,000 shall be available 

to fund an ongoing special education support program in public 

schools with unusually high concentrations of active duty military 

dependents enrolled: Provided further, That to the extent a Federal 

agency provides this assistance by contract, grant, or otherwise, 

it may accept and expend non-Federal funds in combination with 

these Federal funds to provide assistance for the authorized purpose. 

SEC. 8082. (a) In addition to the amounts provided elsewhere 

in this Act, $3,000,000 is hereby appropriated to the Department 

of Defense for ‘‘Operation and Maintenance, Army National Guard’’. 

Such amount shall be made available to the Secretary of the Army 

only to make a grant in the amount of $3,000,000 to the entity 

specified in subsection (b) to facilitate access by veterans to 

opportunities for skilled employment in the construction industry. 

(b) The entity referred to in subsection (a) is the Center for 

Military Recruitment, Assessment and Veterans Employment, a 

nonprofit labor-management cooperation committee provided for by 

section 302(c)(9) of the Labor-Management Relations Act, 1947 (29 

U.S.C. 186(c)(9)), for the purposes set forth in section 6(b) of the 

Labor Management Cooperation Act of 1978 (29 U.S.C. 175a note). 

SEC. 8083. The budget of the President for fiscal year 2011 

submitted to the Congress pursuant to section 1105 of title 31, 

United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in 

contingency operations for the Military Personnel accounts, the 

Operation and Maintenance accounts, and the Procurement 

accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for 

each military service, to include all Active and Reserve components, 

and for each appropriations account: Provided further, That these 

documents shall include estimated costs for each element of expense 

or object class, a reconciliation of increases and decreases for each 

contingency operation, and programmatic data including, but not 

limited to, troop strength for each Active and Reserve component, 

and estimates of the major weapons systems deployed in support 

of each contingency: Provided further, That these documents shall 

Federal budget. 

10 USC 221 note. 

Grants. 

Center for 

Military 

Recruitment, 

Assessment and 

Veterans 

Employment. 

Grants. 


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123 STAT. 3448 PUBLIC LAW 111–118—DEC. 19, 2009 

include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal 

years. 

SEC. 8084. None of the funds in this Act may be used for 

research, development, test, evaluation, procurement or deployment 

of nuclear armed interceptors of a missile defense system. 

SEC. 8085. In addition to the amounts appropriated or otherwise 

made available elsewhere in this Act, $110,640,000 is hereby appropriated to the Department of Defense: Provided, That the Secretary 

of Defense shall make grants in the amounts specified as follows: 

$15,000,000 to the United Service Organizations; $22,500,000 to 

the Red Cross; $6,000,000 to the SOAR Virtual School District; 

$5,000,000 to The Presidio Heritage Center; $5,000,000 to the 

Paralympics Military Program; $3,840,000 to the Arrest Deterioration of Ford Island Aviation Control Tower, Pearl Harbor, Hawaii; 

$1,500,000 to the Go For Broke program; $800,000 to Our Military 

Kids; $3,000,000 to the New Jersey Technology Center; $1,600,000 

to the Women in Military Service for America Memorial; $500,000 

to the Marshall Legacy Institute; $1,000,000 to the Vietnam Veterans Memorial Fund for Demining Activities; $18,900,000 to the 

Edward M. Kennedy Institute for the Senate; $5,000,000 to the 

U.S.S. Missouri Memorial Association; $20,000,000 to the National 

World War II Museum; and $1,000,000 for the Riverside General 

Hospital in Houston, Texas, for the treatment of psychological 

health issues. 

SEC. 8086. None of the funds appropriated or made available 

in this Act shall be used to reduce or disestablish the operation 

of the 53rd Weather Reconnaissance Squadron of the Air Force 

Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, 

That the Air Force shall allow the 53rd Weather Reconnaissance 

Squadron to perform other missions in support of national defense 

requirements during the non-hurricane season. 

SEC. 8087. None of the funds provided in this Act shall be 

available for integration of foreign intelligence information unless 

the information has been lawfully collected and processed during 

the conduct of authorized foreign intelligence activities: Provided, 

That information pertaining to United States persons shall only 

be handled in accordance with protections provided in the Fourth 

Amendment of the United States Constitution as implemented 

through Executive Order No. 12333. 

SEC. 8088. (a) At the time members of reserve components 

of the Armed Forces are called or ordered to active duty under 

section 12302(a) of title 10, United States Code, each member 

shall be notified in writing of the expected period during which 

the member will be mobilized. 

(b) The Secretary of Defense may waive the requirements of 

subsection (a) in any case in which the Secretary determines that 

it is necessary to do so to respond to a national security emergency 

or to meet dire operational requirements of the Armed Forces. 

Waiver authority. 

Determination. 

Notification. 

Deployment. 

Foreign 

intelligence. 

53rd Weather 

Reconnaissance 

Squadron. 

Grants. 

Nuclear arms. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3449 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8089. The Secretary of Defense may transfer funds from 

any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided, That the Secretary may transfer not 

to exceed $100,000,000 under the authority provided by this section: 

Provided further, That the Secretary may not transfer any funds 

until 30 days after the proposed transfer has been reported to 

the Committees on Appropriations of the House of Representatives 

and the Senate, unless a response from the Committees is received 

sooner: Provided further, That the transfer authority provided by 

this section is in addition to any other transfer authority contained 

elsewhere in this Act. 

SEC. 8090. For purposes of section 612 of title 41, United 

States Code, any subdivision of appropriations made under the 

heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed 

at the time reimbursement is made shall be available to reimburse 

the Judgment Fund and shall be considered for the same purposes 

as any subdivision under the heading ‘‘Shipbuilding and Conversion, 

Navy’’ appropriations in the current fiscal year or any prior fiscal 

year. 

SEC. 8091. (a) None of the funds appropriated by this Act 

may be used to transfer research and development, acquisition, 

or other program authority relating to current tactical unmanned 

aerial vehicles (TUAVs) from the Army. 

(b) The Army shall retain responsibility for and operational 

control of the MQ–1C Sky Warrior Unmanned Aerial Vehicle (UAV) 

in order to support the Secretary of Defense in matters relating 

to the employment of unmanned aerial vehicles. 

SEC. 8092. Of the funds provided in this Act, $10,000,000 

shall be available for the operations and development of training 

and technology for the Joint Interagency Training and Education 

Center and the affiliated Center for National Response at the 

Memorial Tunnel and for providing homeland defense/security and 

traditional warfighting training to the Department of Defense, other 

Federal agencies, and State and local first responder personnel 

at the Joint Interagency Training and Education Center. 

SEC. 8093. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian 

employees hired for certain health care occupations as authorized 

for the Secretary of Veterans Affairs by section 7455 of title 38, 

United States Code. 

SEC. 8094. Up to $16,000,000 of the funds appropriated under 

the heading ‘‘Operation and Maintenance, Navy’’ may be made 

available for the Asia Pacific Regional Initiative Program for the 

purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and 

payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other 

funding authorities for humanitarian assistance, security assistance 

or combined exercise expenses: Provided further, That funds may 

not be obligated to provide assistance to any foreign country that 

Notification. 

Deadline. 


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123 STAT. 3450 PUBLIC LAW 111–118—DEC. 19, 2009 

is otherwise prohibited from receiving such type of assistance under 

any other provision of law. 

SEC. 8095. None of the funds appropriated by this Act for 

programs of the Office of the Director of National Intelligence 

shall remain available for obligation beyond the current fiscal year, 

except for funds appropriated for research and technology, which 

shall remain available until September 30, 2011. 

SEC. 8096. For purposes of section 1553(b) of title 31, United 

States Code, any subdivision of appropriations made in this Act 

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 

considered to be for the same purpose as any subdivision under 

the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations 

in any prior fiscal year, and the 1 percent limitation shall apply 

to the total amount of the appropriation. 

SEC. 8097. Notwithstanding any other provision of this Act, 

to reflect savings from revised economic assumptions, the total 

amount appropriated in title II of this Act is hereby reduced by 

$194,000,000, the total amount appropriated in title III of this 

Act is hereby reduced by $322,000,000, the total amount appropriated in title IV of this Act is hereby reduced by $336,000,000, 

and the total amount appropriated in title V of this Act is hereby 

reduced by $9,000,000: Provided, That the Secretary of Defense 

shall allocate this reduction proportionally to each budget activity, 

activity group, subactivity group, and each program, project, and 

activity, within each appropriation account. 

SEC. 8098. Notwithstanding any other provision of law, that 

not more than 35 percent of funds provided in this Act for environmental remediation may be obligated under indefinite delivery/ 

indefinite quantity contracts with a total contract value of 

$130,000,000 or higher. 

SEC. 8099. The Secretary of Defense shall create a major force 

program category for space for the Future Years Defense Program 

of the Department of Defense. The Secretary of Defense shall designate an official in the Office of the Secretary of Defense to provide 

overall supervision of the preparation and justification of program 

recommendations and budget proposals to be included in such major 

force program category. 

SEC. 8100. The Director of National Intelligence shall include 

the budget exhibits identified in paragraphs (1) and (2) as described 

in the Department of Defense Financial Management Regulation 

with the congressional budget justification books. 

(1) For procurement programs requesting more than 

$20,000,000 in any fiscal year, the P–1, Procurement Program; 

P–5, Cost Analysis; P–5a, Procurement History and Planning; 

P–21, Production Schedule; and P–40, Budget Item Justification. 

(2) For research, development, test and evaluation projects 

requesting more than $10,000,000 in any fiscal year, the R– 

1, RDT&E Program; R–2, RDT&E Budget Item Justification; 

R–3, RDT&E Project Cost Analysis; and R–4, RDT&E Program 

Schedule Profile. 

SEC. 8101. Notwithstanding any other provision of law, none 

of the funds made available in this Act may be used to pay negotiated indirect cost rates on a contract, grant, or cooperative agreement (or similar arrangement) entered into by the Department 

of Defense and an entity in excess of 35 percent of the total 

cost of the contract, grant, or agreement (or similar arrangement): 

Contracts. 

Grants. 

50 USC 415a–2 

note. 

Designation. 

10 USC 221 note. 

Allocation. 

Applicability. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3451 

Provided, That this limitation shall apply only to contracts, grants, 

or cooperative agreements entered into after the date of enactment 

of this Act using funds made available in this Act for basic research. 

SEC. 8102. The Secretary of Defense shall maintain on the 

homepage of the Internet website of the Department of Defense 

a direct link to the Internet website of the Office of Inspector 

General of the Department of Defense. 

SEC. 8103. (a) Not later than 60 days after enactment of this 

Act, the Office of the Director of National Intelligence shall submit 

a report to the congressional intelligence committees to establish 

the baseline for application of reprogramming and transfer authorities for fiscal year 2010: Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation by 

Expenditure Center and project; and 

(3) an identification of items of special congressional 

interest. 

(b) None of the funds provided for the National Intelligence 

Program in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the 

congressional intelligence committees, unless the Director of 

National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement. 

SEC. 8104. The Director of National Intelligence shall submit 

to Congress each year, at or about the time that the President’s 

budget is submitted to Congress that year under section 1105(a) 

of title 31, United States Code, a future-years intelligence program 

(including associated annexes) reflecting the estimated expenditures 

and proposed appropriations included in that budget. Any such 

future-years intelligence program shall cover the fiscal year with 

respect to which the budget is submitted and at least the four 

succeeding fiscal years. 

SEC. 8105. For the purposes of this Act, the term ‘‘congressional 

intelligence committees’’ means the Permanent Select Committee 

on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense 

of the Committee on Appropriations of the House of Representatives, 

and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 

SEC. 8106. The Department of Defense shall continue to report 

incremental contingency operations costs for Operation Iraqi 

Freedom and Operation Enduring Freedom on a monthly basis 

in the Cost of War Execution Report as prescribed in the Department of Defense Financial Management Regulation Department 

of Defense Instruction 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, Annex 1, dated September 2005. 

SEC. 8107. The amounts appropriated in title II of this Act are hereby reduced by $400,000,000 to reflect excess cash balances 

in Department of Defense Working Capital Funds, as follows: 

(1) From ‘‘Operation and Maintenance, Army’’, 

$150,000,000; and 

(2) From ‘‘Operation and Maintenance, Air Force’’, 

$250,000,000. 

Reports. 

Deadline. 

Definition. 

Submission. 

50 USC 415a–3. 

Certification. 

Deadline. 

Reports. 

Web link. 

Applicability. 


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123 STAT. 3452 PUBLIC LAW 111–118—DEC. 19, 2009 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8108. (a) CONTINUATION OF STOP-LOSS SPECIAL PAY.— Funds appropriated by this Act, or made available by the transfer 

of funds in this Act, shall be made available to the Secretaries 

of the military departments only to provide special pay during 

fiscal year 2010 to members of the Army, Navy, Air Force, and 

Marine Corps, including members of their reserve components, who, 

at any time during fiscal year 2010, serve on active duty while 

the members’ enlistment or period of obligated service is extended, 

or whose eligibility for retirement is suspended, pursuant to section 

123 or 12305 of title 10, United States Code, or any other provision 

of law (commonly referred to as a ‘‘stop-loss authority’’) authorizing 

the President to extend an enlistment or period of obligated service, 

or suspend an eligibility for retirement, of a member of the uniformed services in time of war or of national emergency declared 

by Congress or the President. 

(b) SPECIAL PAY AMOUNT.—The amount of the special pay paid 

under subsection (a) to or on behalf of an eligible member shall 

be $500 per month for each month or portion of a month during 

fiscal year 2010 that the member is retained on active duty as 

a result of application of the stop-loss authority. 

(c) TREATMENT OF DECEASED MEMBERS.—If an eligible member 

described in subsection (a) dies before the payment required by 

this section is made, the Secretary of the military department 

concerned shall make the payment in accordance with section 2771 

of title 10, United States Code. 

(d) CLARIFICATION OF RETROACTIVE STOP-LOSS SPECIAL PAY

AUTHORITY.—Section 310 of the Supplemental Appropriations Act, 

2009 (Public Law 111–32; 123 Stat. 1870) is amended by adding 

at the end the following new subsection: 

‘‘(i) EFFECT OF SUBSEQUENT REENLISTMENT OF VOLUNTARY

EXTENSION OF SERVICE.—Members of the Armed Forces, retired 

members, and former members otherwise described in subsection 

(a) are not eligible for a payment under this section if the members— 

‘‘(1) voluntarily reenlisted or extended their service after 

their enlistment or period of obligated service was extended, 

or after their eligibility for retirement was suspended, pursuant 

to a stop-loss authority; and 

‘‘(2) received a bonus for such reenlistment or extension 

of service.’’. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8109. During the current fiscal year, not to exceed 

$11,000,000 from each of the appropriations made in title II of 

this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and 

Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ 

may be transferred by the military department concerned to its 

central fund established for Fisher Houses and Suites pursuant 

to section 2493(d) of title 10, United States Code. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8110. Of the funds appropriated in the Intelligence 

Community Management Account for the Program Manager for 

the Information Sharing Environment, $24,000,000 is available for 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3453 

transfer by the Director of National Intelligence to other departments and agencies for purposes of Government-wide information 

sharing activities: Provided, That funds transferred under this 

provision are to be merged with and available for the same purposes 

and time period as the appropriation to which transferred: Provided 

further, That the Office of Management and Budget must approve 

any transfers made under this provision. 

SEC. 8111. Funds appropriated by this Act for operation and 

maintenance may be available for the purpose of making remittances to the Defense Acquisition Workforce Development Fund 

in accordance with the requirements of section 1705 of title 10, 

United States Code. 

SEC. 8112. (a) HIGH PRIORITY NATIONAL GUARD COUNTERDRUG

PROGRAMS.—Of the amount appropriated or otherwise made available by title VI under the heading ‘‘Drug Interdiction and 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 is 

in addition to any other amounts made available by this Act for 

that purpose. 

APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES

SEC. 8113. (a) ACKNOWLEDGMENT AND APOLOGY.—The United 

States, acting through Congress— 

(1) recognizes the special legal and political relationship 

Indian tribes have with the United States and the solemn 

covenant with the land we share; 

(2) commends and honors Native Peoples for the thousands 

of years that they have stewarded and protected this land; 

(3) recognizes that there have been years of official depredations, ill-conceived policies, and the breaking of covenants by 

the Federal Government regarding Indian tribes; 

(4) apologizes on behalf of the people of the United States 

to all Native Peoples for the many instances of violence, maltreatment, and neglect inflicted on Native Peoples by citizens 

of the United States; 

(5) expresses its regret for the ramifications of former 

wrongs and its commitment to build on the positive relationships of the past and present to move toward a brighter future 

where all the people of this land live reconciled as brothers 

and sisters, and harmoniously steward and protect this land 

together; 

(6) urges the President to acknowledge the wrongs of the 

United States against Indian tribes in the history of the United 

States in order to bring healing to this land; and 

(7) commends the State governments that have begun reconciliation efforts with recognized Indian tribes located in their 

boundaries and encourages all State governments similarly to 

work toward reconciling relationships with Indian tribes within 

their boundaries. 

(b) DISCLAIMER.—Nothing in this section— 

(1) authorizes or supports any claim against the United 

States; or 


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123 STAT. 3454 PUBLIC LAW 111–118—DEC. 19, 2009 

(2) serves as a settlement of any claim against the United 

States. 

SEC. 8114. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

website of that agency any report required to be submitted by 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

SEC. 8115. (a) It is the sense of Congress that— 

(1) All of the National Nuclear Security Administration 

sites, including the Nevada Test Site can play an effective 

and essential role in developing and demonstrating— 

(A) innovative and effective methods for treaty 

verification and the detection of nuclear weapons and other 

materials; and 

(B) related threat reduction technologies; and 

(2) the Administrator for Nuclear Security should expand 

the mission of the Nevada Test Site to carry out the role 

described in paragraph (1), including by— 

(A) fully utilizing the inherent capabilities and 

uniquely secure location of the Site; 

(B) continuing to support the Nation’s nuclear weapons 

program and other national security programs; and 

(C) renaming the Site to reflect the expanded mission 

of the Site. 

(b) Not later than one year after the date of the enactment 

of this Act, the Administrator for Nuclear Security shall submit 

to the congressional defense committees and the Subcommittees 

on Energy and Water Development of the Committees on Appropriations a plan for improving the infrastructure of the Nevada Test 

Site of the National Nuclear Security Administration and, if the 

Administrator deems appropriate, all other sites under the jurisdiction of the National Nuclear Security Administration— 

(1) to fulfill the expanded mission of the Site described 

in subsection (a); and 

(2) to make the Site available to support the threat reduction programs of the entire national security community, 

including threat reduction programs of the National Nuclear 

Security Administration, the Defense Threat Reduction Agency, 

the Department of Homeland Security, and other agencies as 

appropriate. 

SEC. 8116. (a) None of the funds appropriated or otherwise 

made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000 that is awarded more 

than 60 days after the effective date of this Act, unless the contractor agrees not to: 

(1) enter into any agreement with any of its employees 

or independent contractors that requires, as a condition of 

employment, that the employee or independent contractor agree 

to resolve through arbitration any claim under title VII of 

the Civil Rights Act of 1964 or any tort related to or arising 

Contracts. 

Time period. 

Deadline. 

Infrastructure 

plan. 

Time period. 

Web posting. 

Reports. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3455 

out of sexual assault or harassment, including assault and 

battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or 

(2) take any action to enforce any provision of an existing 

agreement with an employee or independent contractor that 

mandates that the employee or independent contractor resolve 

through arbitration any claim under title VII of the Civil Rights 

Act of 1964 or any tort related to or arising out of sexual 

assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or 

negligent hiring, supervision, or retention. 

(b) None of the funds appropriated or otherwise made available 

by this Act may be expended for any Federal contract awarded 

more than 180 days after the effective date of this Act unless 

the contractor certifies that it requires each covered subcontractor 

to agree not to enter into, and not to take any action to enforce 

any provision of, any agreement as described in paragraphs (1) 

and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. 

For purposes of this subsection, a ‘‘covered subcontractor’’ is an 

entity that has a subcontract in excess of $1,000,000 on a contract 

subject to subsection (a). 

(c) The prohibitions in this section do not apply with respect 

to a contractor’s or subcontractor’s agreements with employees or 

independent contractors that may not be enforced in a court of 

the United States. 

(d) The Secretary of Defense may waive the application of 

subsection (a) or (b) to a particular contractor or subcontractor 

for the purposes of a particular contract or subcontract if the 

Secretary or the Deputy Secretary personally determines that the 

waiver is necessary to avoid harm to national security interests 

of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The 

determination shall set forth with specificity the grounds for the 

waiver and for the contract or subcontract term selected, and shall 

state any alternatives considered in lieu of a waiver and the reasons 

each such alternative would not avoid harm to national security 

interests of the United States. The Secretary of Defense shall 

transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days 

before the contract or subcontract addressed in the determination 

may be awarded. 

SEC. 8117. (a) PROHIBITION ON CONVERSION OF FUNCTIONS PERFORMED BY FEDERAL EMPLOYEES TO CONTRACTOR PERFORMANCE.— 

None of the funds appropriated or otherwise made available by 

this Act, or that remain available for obligation for the Department 

of Defense from the Consolidated Security, Disaster Assistance, 

and Continuing Appropriations Act, 2009 (Public Law 110–329), 

the American Recovery and Reinvestment Act of 2009 (Public Law 

111–5), and the Supplemental Appropriations Act, 2009 (Public 

Law 111–32), may be used to begin or announce the competition 

to award to a contractor or convert to performance by a contractor 

any functions performed by Federal employees pursuant to a study 

conducted under Office of Management and Budget (OMB) Circular 

A–76. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to the award of a function to a contractor or the conversion 

Public 

information. 

Deadline. 

Waiver authority. 

Determination. 

Time period. 

Certification. 


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123 STAT. 3456 PUBLIC LAW 111–118—DEC. 19, 2009 

of a function to performance by a contractor pursuant to a study 

conducted under Office of Management and Budget (OMB) Circular 

A–76 once all reporting and certifications required by section 325 

of the National Defense Authorization Act for Fiscal Year 2010 

(Public Law 111–84) have been satisfactorily completed. 

SEC. 8118. (a)(1) No National Intelligence Program funds appropriated in this Act may be used for a mission critical or mission 

essential business management information technology system that 

is not registered with the Director of National Intelligence. A system 

shall be considered to be registered with that officer upon the 

furnishing notice of the system, together with such information 

concerning the system as the Director of the Business Transformation Office may prescribe. 

(2) During the current fiscal year no funds may be obligated 

or expended for a financial management automated information 

system, a mixed information system supporting financial and nonfinancial systems, or a business system improvement of more than 

$3,000,000, within the Intelligence Community without the approval 

of the Business Transformation Investment Review Board. 

(b) The Director of the Business Transformation Office shall 

provide the congressional intelligence committees a semi-annual 

report of approvals under paragraph (1) no later than March 30 

and September 30 of each year. The report shall include the results 

of the Business Transformation Investment Review Board’s 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 the 

Chief Information Officer of the Intelligence Community. 

(c) This section shall not apply to any programmatic or analytic 

systems or programmatic or analytic system improvements. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8119. In addition to funds made available elsewhere in 

this Act, there is hereby appropriated $291,715,000, to remain 

available until transferred: Provided, That these funds are appropriated to the ‘‘Tanker Replacement Transfer Fund’’ (referred to 

as ‘‘the Fund’’ elsewhere in this section): Provided further, That 

the Secretary of the Air Force may transfer amounts in the Fund 

to ‘‘Operation and Maintenance, Air Force’’, ‘‘Aircraft Procurement, 

Air Force’’, and ‘‘Research, Development, Test and Evaluation, Air 

Force’’, only for the purposes of proceeding with a tanker acquisition 

program: Provided further, That funds transferred shall be merged 

with and be available for the same purposes and for the same 

time period as the appropriations or fund to which transferred: 

Provided further, That this transfer authority is in addition to 

any other transfer authority available to the Department of Defense: 

Provided further, That the Secretary of the Air Force shall, not 

fewer than 15 days prior to making transfers using funds provided 

in this section, notify the congressional defense committees in 

Reports. writing of the details of any such transfer: Provided further, That 

Deadlines. 

Deadline. 

Notification. 

Deadlines. 

Reports. 

Notice. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3457 

the Secretary shall submit a report no later than 30 days after 

the end of each fiscal quarter to the congressional defense committees summarizing the details of the transfer of funds from this 

appropriation. 

SEC. 8120. (a) RESETTLEMENT SUPPORT AND OTHER PUBLIC

BENEFITS FOR CERTAIN IRAQI REFUGEES.—Section 1244(g) of the 

Refugee Crisis in Iraq Act of 2007 (subtitle C of title XII of division 

A of Public Law 110–181; 122 Stat. 398) is amended by striking 

‘‘for a period not to exceed eight months’’ and inserting ‘‘to the 

same extent, and for the same periods of time, as such refugees’’. 

(b) RESETTLEMENT SUPPORT AND OTHER PUBLIC BENEFITS FOR

CERTAIN AFGHAN ALLIES.—Section 602(b)(8) of the Afghan Allies 

Protection Act of 2009 (title VI of division F of Public Law 111– 

8; 123 Stat. 809) is amended by striking ‘‘for a period not to 

exceed 8 months’’ and inserting ‘‘to the same extent, and for the 

same periods of time, as such refugees’’. 

SEC. 8121. (a) Each congressionally directed spending item 

specified in this Act or the explanatory statement regarding this 

Act that is also identified in Senate Report 111–74 and intended 

for award to a for-profit entity shall be subject to acquisition regulations for full and open competition on the same basis as each 

spending item intended for a for-profit entity that is contained 

in the budget request of the President. 

(b) EXCEPTIONS.—Subsection (a) shall not apply to any contract 

awarded— 

(1) by a means that is required by Federal statute, 

including for a purchase made under a mandated preferential 

program; 

(2) pursuant to the Small Business Act (15 U.S.C. 631 

et seq.); or 

(3) in an amount less than the simplified acquisition 

threshold described in section 302A(a) of the Federal Property 

and Administrative Services Act of 1949 (41 U.S.C. 252a(a)). 

(c) Any congressionally directed spending item specified in this 

Act or the explanatory statement regarding this Act that is intended 

for award to a for-profit entity and is not covered by the competition 

requirement specified in subsection (a), shall be awarded under 

full and open competition, except that any contract previously 

awarded under full and open competition that remains in effect 

during fiscal year 2010 shall be considered to have satisfied the 

conditions of full and open competition. 

(d) In this section, the term ‘‘congressionally directed spending 

item’’ means the following: 

(1) A congressionally directed spending item, as defined 

in Rule XLIV of the Standing Rules of the Senate. 

(2) A congressional earmark for purposes of rule XXI of 

the House of Representatives. 

SEC. 8122. None of the funds appropriated or otherwise made 

available by this Act may be used to award to a contractor or 

convert to performance by a contractor any functions pursuant 

to a study conducted under Office of Management and Budget 

(OMB) Circular A–76 or as part of a utility privatization authorized 

under section 2688 of title 10, United States Code or under any 

other provision of law, that are performed by Federal employees 

at the United States Military Academy, West Point, as of the 

date of enactment of this Act. 

Privatization. 

Definition. 

Earmarks. 

8 USC 1101 note. 

8 USC 1157 note. 


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123 STAT. 3458 PUBLIC LAW 111–118—DEC. 19, 2009 

SEC. 8123. None of the funds made available under this Act 

may be distributed to the Association of Community Organizations 

for Reform Now (ACORN) or its subsidiaries. 

SEC. 8124. The explanatory statement regarding this Act 

printed in the House of Representatives section of the Congressional 

Record on or about December 16, 2010, by the Chairman of the 

Subcommittee on Defense of the Committee on Appropriations of 

the House of Representatives shall have the same effect with respect 

to the allocation of funds and implementation of this Act as if 

it were a joint explanatory statement of a committee of conference. 

TITLE IX 

OVERSEAS CONTINGENCY OPERATIONS 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$9,958,840,000. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$1,388,601,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine Corps’’, $778,722,000. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, $1,667,376,000. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$293,137,000. 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, 

$37,040,000. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $31,337,000. 

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’, 

$19,822,000. 

ACORN. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3459 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $824,966,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $9,500,000. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $47,821,154,000. 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $5,475,925,000. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $3,430,258,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $9,216,319,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, 

Defense-Wide’’, $7,490,900,000, of which: 

(1) Not to exceed $12,500,000 for the Combatant Commander Initiative Fund, to be used in support of Operation 

Iraqi Freedom and Operation Enduring Freedom; and 

(2) Not to exceed $1,570,000,000, to remain available until 

expended, for payments to reimburse key cooperating nations 

for logistical, military, and other support, including access provided to United States military operations in support of Operation Iraqi Freedom and Operation Enduring Freedom, notwithstanding any other provision of law: Provided, That such 

reimbursement payments may be made in such amounts as 

the Secretary of Defense, with the concurrence of the Secretary 

of State, and in consultation with the Director of the Office 

of Management and Budget, may determine, in his discretion, 

based on documentation determined by the Secretary of Defense 

to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers 

of the United States, and 15 days following notification to 

the appropriate congressional committees: Provided further, 

That these funds may be used for the purpose of providing 

specialized training and procuring supplies and specialized 

equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting 

United States military operations in Iraq and Afghanistan, 

Notification. 

Notification. 

Deadlines. 


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123 STAT. 3460 PUBLIC LAW 111–118—DEC. 19, 2009 

and 15 days following notification to the appropriate congressional committees: Provided further, That the Secretary of 

Defense shall provide quarterly reports to the congressional 

defense committees on the use of funds provided in this paragraph. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, Army Reserve’’, $204,326,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $68,059,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $86,667,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Air Force Reserve’’, $125,925,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $321,646,000. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Air National Guard’’, $289,862,000. 

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for expenses directly relating to 

overseas contingency operations by United States military forces, 

$5,000,000,000, to remain available for obligation until expended: 

Provided, That of the funds made available under this heading, 

the Secretary of Defense may transfer these funds only to military 

personnel accounts, operation and maintenance accounts, the 

defense health program appropriation, the Mine Resistant Ambush 

Protected Vehicle Fund, and working capital funds accounts: Provided further, That the funds transferred shall be merged with 

and shall be available for the same purposes and for the same 

time period, as the appropriation to which transferred: Provided 

further, That the Secretary shall notify the congressional defense 

committees 15 days prior to such transfer: Provided further, That 

the transfer authority provided under this heading is in addition 

to any other transfer authority available to the Department of 

Defense. 

Notification. 

Deadline. 

Reports. 


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PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3461 

AFGHANISTAN SECURITY FORCES FUND

For the ‘‘Afghanistan Security Forces Fund’’, $6,562,769,000, 

to remain available until September 30, 2011: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing 

the Commander, Combined Security Transition Command— 

Afghanistan, or the Secretary’s designee, to provide assistance, 

with the concurrence of the Secretary of State, to the security 

forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding: Provided further, That the 

authority to provide assistance under this heading is in addition 

to any other authority to provide assistance to foreign nations: 

Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international 

organization may be credited to this Fund and used for such purposes: Provided further, That the Secretary of Defense shall notify 

the congressional defense committees in writing upon the receipt 

and upon the obligation of any contribution, delineating the sources 

and amounts of the funds received and the specific use of such 

contributions: Provided further, That the Secretary of Defense shall, 

not fewer than 15 days prior to obligating from this appropriation 

account, notify the congressional defense committees in writing 

of the details of any such obligation. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$1,238,219,000, to remain available until September 30, 2012. 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, 

$475,954,000, to remain available until September 30, 2012. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $1,169,466,000, to remain available until September 30, 2012. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $365,635,000, to remain available until September 30, 2012. 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$5,800,516,000, to remain available until September 30, 2012. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, 

$853,297,000, to remain available until September 30, 2012. 

Deadline. 

Notification. 

Notification. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3462 PUBLIC LAW 111–118—DEC. 19, 2009 

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, 

$50,700,000, to remain available until September 30, 2012. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $675,957,000, to remain available until 

September 30, 2012. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, $241,018,000, to remain available until September 30, 2012. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$893,197,000, to remain available until September 30, 2012. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 

$736,501,000, to remain available until September 30, 2012. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, 

$36,625,000, to remain available until September 30, 2012. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, 

Air Force’’, $256,819,000, to remain available until September 30, 

2012. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$2,583,421,000, to remain available until September 30, 2012. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$480,780,000, to remain available until September 30, 2012. 

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles, 

ammunition, other weapons and other procurement for the reserve 

components of the Armed Forces, $950,000,000, to remain available 

for obligation until September 30, 2012, of which $575,000,000 

shall be available only for the Army National Guard: Provided, 

That the Chiefs of National Guard and Reserve components shall, 

not later than 30 days after the enactment of this Act, individually 

submit to the congressional defense committees the modernization 

priority assessment for their respective National Guard or Reserve 

component. 

Deadline. 

Assessment. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3463 

MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

(INCLUDING TRANSFER OF FUNDS)

For the Mine Resistant Ambush Protected Vehicle Fund, 

$6,281,000,000, to remain available until September 30, 2011: Provided, That such funds shall be available to the Secretary of 

Defense, notwithstanding any other provision of law, to procure, 

sustain, transport, and field Mine Resistant Ambush Protected 

vehicles: Provided further, That the Secretary shall transfer such 

funds only to appropriations made available in this or any other 

Act for operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to 

accomplish the purpose provided herein: Provided further, That 

such transferred funds shall be merged with and be available for 

the same purposes and the same time period as the appropriation 

to which transferred: Provided further, That this transfer authority 

is in addition to any other transfer authority available to the 

Department of Defense: Provided further, That the Secretary shall, 

not fewer than 10 days prior to making transfers from this appropriation, notify the congressional defense committees in writing 

of the details of any such transfer. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Army’’, $57,962,000, to remain available until September 30, 2011. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Navy’’, $58,660,000, to remain available until September 30, 2011. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Air Force’’, $39,286,000, to remain available until 

September 30, 2011. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Defense-Wide’’, $112,196,000, to remain available 

until September 30, 2011. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’, 

$412,215,000. 

Deadline. 

Notification. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3464 PUBLIC LAW 111–118—DEC. 19, 2009 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, $1,256,675,000, which shall be for operation and maintenance. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Drug Interdiction and Counter- Drug Activities’’, $346,603,000, to remain available until September 

30, 2011. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Joint Improvised Explosive Device Defeat Fund’’, $1,762,010,000, to remain available until September 30, 2012. 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for the ‘‘Office of the Inspector Gen- eral’’, $8,876,000. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 9001. Notwithstanding any other provision of law, funds 

made available in this title are in addition to amounts appropriated 

or otherwise made available for the Department of Defense for 

fiscal year 2010. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may, with the approval of the Office of Management and Budget, 

transfer up to $4,000,000,000 between the appropriations or funds 

made available to the Department of Defense in this title: Provided, 

That the Secretary shall notify the Congress promptly of each 

transfer made pursuant to the authority in this section: Provided 

further, That the authority provided in this section is in addition 

to any other transfer authority available to the Department of 

Defense and is subject to the same terms and conditions as the 

authority provided in the Department of Defense Appropriations 

Act, 2010: Provided further, That the amount in this section is 

designated as being for overseas deployments and other activities 

pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 

(111th Congress), the concurrent resolution on the budget for fiscal 

year 2010. 

SEC. 9003. Supervision and administration costs associated with 

a construction project funded with appropriations available for operation and maintenance or the ‘‘Afghanistan Security Forces Fund’’ 

provided in this Act and executed in direct support of overseas 

contingency operations in Afghanistan, may be obligated at the 

time a construction contract is awarded: Provided, That for the 

Notification. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3465 

purpose of this section, supervision and administration costs include 

all in-house Government costs. 

SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian 

employees of the Department of Defense in Iraq and Afghanistan: 

(a) passenger motor vehicles up to a limit of $75,000 per vehicle 

and (b) heavy and light armored vehicles for the physical security 

of personnel or for force protection purposes up to a limit of $250,000 

per vehicle, notwithstanding price or other limitations applicable 

to the purchase of passenger carrying vehicles. 

SEC. 9005. Not to exceed $1,200,000,000 of the amount appropriated in this title under the heading ‘‘Operation and Maintenance, 

Army’’ may be used, notwithstanding any other provision of law, 

to fund the Commander’s Emergency Response Program, for the 

purpose of enabling military commanders in Iraq and Afghanistan 

to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility: Provided, That not later 

than 45 days after the end of each fiscal year quarter, the Secretary 

of Defense shall submit to the congressional defense committees 

a report regarding the source of funds and the allocation and 

use of funds during that quarter that were made available pursuant 

to the authority provided in this section or under any other provision 

of law for the purposes described herein: Provided further, That, 

of the funds provided, $500,000,000 shall not be available until 

5 days after the Secretary of Defense has completed a thorough 

review of the Commander’s Emergency Response Program and provided a report on his findings to the congressional defense committees. 

SEC. 9006. Funds available to the Department of Defense for 

operation and maintenance may be used, notwithstanding any other 

provision of law, to provide supplies, services, transportation, 

including airlift and sealift, and other logistical support to coalition 

forces supporting military and stability operations in Iraq and 

Afghanistan: Provided, That the Secretary of Defense shall provide 

quarterly reports to the congressional defense committees regarding 

support provided under this section. 

SEC. 9007. Each amount in this title is designated as being 

for overseas deployments and other activities pursuant to section 

401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), the 

concurrent resolution on the budget for fiscal year 2010. 

SEC. 9008. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended 

by the United States Government for a purpose as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control over any oil resource 

of Iraq. 

(3) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Afghanistan. 

SEC. 9009. None of the funds made available in this Act may 

be used in contravention of the following laws enacted or regulations 

promulgated to implement the United Nations Convention Against 

Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment (done at New York on December 10, 1984): 

(1) Section 2340A of title 18, United States Code. 

Iraq. 

Afghanistan. 

Deadline. 

Reports. 

Deadlines. 

Reports. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3466 PUBLIC LAW 111–118—DEC. 19, 2009 

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 

Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 

thereto, including regulations under part 208 of title 8, Code 

of Federal Regulations, and part 95 of title 22, Code of Federal 

Regulations. 

(3) Sections 1002 and 1003 of the Department of Defense, 

Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 

2006 (Public Law 109–148). 

SEC. 9010. (a) The Director of the Office of Management and 

Budget, in consultation with the Secretary of Defense; the Commander of the United States Central Command; the Commander, 

Multi-National Security Transition Command—Iraq; and the Commander, Combined Security Transition Command—Afghanistan, 

shall submit to the congressional defense committees not later 

than 45 days after the end of each fiscal quarter a report on 

the proposed use of all funds appropriated by this or any prior 

Act under each of the headings ‘‘Iraq Security Forces Fund’’, 

‘‘Afghanistan Security Forces Fund’’, and ‘‘Pakistan Counterinsurgency Fund’’ on a project-by-project basis, for which the obligation 

of funds is anticipated during the 3-month period from such date, 

including estimates by the commanders referred to in this section 

of the costs required to complete each such project. 

(b) The report required by this subsection shall include the 

following: 

(1) The use of all funds on a project-by-project basis for 

which funds appropriated under the headings referred to in 

subsection (a) were obligated prior to the submission of the 

report, including estimates by the commanders referred to in 

subsection (a) of the costs to complete each project. 

(2) The use of all funds on a project-by-project basis for 

which funds were appropriated under the headings referred 

to in subsection (a) in prior appropriations Acts, or for which 

funds were made available by transfer, reprogramming, or 

allocation from other headings in prior appropriations Acts, 

including estimates by the commanders referred to in subsection (a) of the costs to complete each project. 

(3) An estimated total cost to train and equip the Iraq, 

Afghanistan, and Pakistan security forces, disaggregated by 

major program and sub-elements by force, arrayed by fiscal 

year. 

(c) The Secretary of Defense shall notify the congressional 

defense committees of any proposed new projects or transfers of 

funds between sub-activity groups in excess of $20,000,000 using 

funds appropriated by this or any prior Act under the headings 

‘‘Iraq Security Forces Fund’’, ‘‘Afghanistan Security Forces Fund’’, 

and ‘‘Pakistan Counterinsurgency Fund’’. 

SEC. 9011. (a) None of the funds made available in this or 

any other Act may be used to release an individual who is detained, 

as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, 

into the continental United States, Alaska, Hawaii, or the District 

of Columbia, into any of the United States territories of Guam, 

American Samoa (AS), the United States Virgin Islands (USVI), 

the Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI). 

Detainees. 

Cuba. 

Notification. 

Deadlines. 

Reports. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3467 

(b) None of the funds made available in this or any other 

Act may be used to transfer an individual who is detained, as 

of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 

the continental United States, Alaska, Hawaii, or the District of 

Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the 

Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI), for the purpose of detention, 

except as provided in subsection (c). 

(c) None of the funds made available in this or any other 

Act may be used to transfer an individual who is detained, as 

of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into 

the continental United States, Alaska, Hawaii, or the District of 

Columbia, into any of the United States territories of Guam, American Samoa (AS), the United States Virgin Islands (USVI), the 

Commonwealth of Puerto Rico and the Commonwealth of the 

Northern Mariana Islands (CNMI), for the purposes of prosecuting 

such individual, or detaining such individual during legal proceedings, until 45 days after the plan described in subsection (d) 

is received. 

(d) The President shall submit to Congress, in classified form, 

a plan regarding the proposed disposition of any individual covered 

by subsection (c) who is detained as of June 24, 2009. Such plan 

shall include, at a minimum, each of the following for each such 

individual: 

(1) A determination of the risk that the individual might 

instigate an act of terrorism within the continental United 

States, Alaska, Hawaii, the District of Columbia, or the United 

States territories if the individual were so transferred. 

(2) A determination of the risk that the individual might 

advocate, coerce, or incite violent extremism, ideologically motivated criminal activity, or acts of terrorism, among inmate 

populations at incarceration facilities within the continental 

United States, Alaska, Hawaii, the District of Columbia, or 

the United States territories if the individual were transferred 

to such a facility. 

(3) The costs associated with transferring the individual 

in question. 

(4) The legal rationale and associated court demands for 

transfer. 

(5) A plan for mitigation of any risks described in paragraphs (1), (2), and (7). 

(6) A copy of a notification to the Governor of the State 

to which the individual will be transferred, to the Mayor of 

the District of Columbia if the individual will be transferred 

to the District of Columbia, or to any United States territories 

with a certification by the Attorney General of the United 

States in classified form at least 14 days prior to such transfer 

(together with supporting documentation and justification) that 

the individual poses little or no security risk to the United 

States. 

(7) An assessment of any risk to the national security 

of the United States or its citizens, including members of the 

Armed Services of the United States, that is posed by such 

transfer and the actions taken to mitigate such risk. 

(e) None of the funds made available in this or any other 

Act may be used to transfer or release an individual detained 

President. 

Classified 

information. 

Deadline. 

Notification. 

Certification. 

Deadline. 

President. 

Classified 

information. 

Disposition plan. 

Deadline. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3468 PUBLIC LAW 111–118—DEC. 19, 2009 

at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, 

to the country of such individual’s nationality or last habitual 

residence or to any other country other than the United States 

or to a freely associated State, unless the President submits to 

the Congress, in classified form, at least 15 days prior to such 

transfer or release, the following information: 

(1) The name of any individual to be transferred or released 

and the country or the freely associated State to which such 

individual is to be transferred or released. 

(2) An assessment of any risk to the national security 

of the United States or its citizens, including members of the 

Armed Services of the United States, that is posed by such 

transfer or release and the actions taken to mitigate such 

risk. 

(3) The terms of any agreement with the country or the 

freely associated State for the acceptance of such individual, 

including the amount of any financial assistance related to 

such agreement. 

(f) In this section, the term ‘‘freely associated States’’ means 

the Federated States of Micronesia (FSM), the Republic of the 

Marshall Islands (RMI), and the Republic of Palau. 

(g) Prior to the termination of detention operations at Naval 

Station, Guantanamo Bay, Cuba, the President shall submit to 

the Congress a report in classified form describing the disposition 

or legal status of each individual detained at the facility as of 

the date of enactment of this Act. 

SEC. 9012. (a) FUNDING FOR OUTREACH AND REINTEGRATION

SERVICES UNDER YELLOW RIBBON REINTEGRATION PROGRAM.—Of 

the amounts appropriated or otherwise made available by title 

IX, up to $20,000,000 may be available for outreach and reintegration services under the Yellow Ribbon Reintegration Program under 

section 582(h) of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 125; 10 U.S.C. 10101 

note). 

(b) SUPPLEMENT NOT SUPPLANT.—The amount made available 

by subsection (a) for the services described in that subsection is 

in addition to any other amounts available in this Act for such 

services. 

This division may be cited as the ‘‘Department of Defense 

Appropriations Act, 2010’’. 

DIVISION B—OTHER MATTERS 

SEC. 1001. There are hereby appropriated such sums as may 

be necessary, for an additional amount for ‘‘Food and Nutrition 

Service—Supplemental Nutrition Assistance Program’’ for necessary 

current year expenses to carry out the Food and Nutrition Act 

of 2008 (7 U.S.C. 2011 et seq.): Provided, That such amount shall 

be used only in such amounts and at such times as may become 

necessary to carry out program operations: Provided further, That 

amounts so appropriated are designated as emergency requirements 

and necessary to meet emergency needs pursuant to sections 403 

and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent 

resolution on the budget for fiscal year 2010. 

SEC. 1002. (a) IN GENERAL.—For the costs of State administrative expenses associated with administering the supplemental nutrition assistance program established under the Food and Nutrition 

President. 

Reports. 

Classified 

information. 

Definition. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3469 

Act of 2008 (7 U.S.C. 2011 et seq.), there are hereby appropriated 

$400,000,000, which shall remain available until September 30, 

2011. 

(b) ALLOCATION OF FUNDS.—Funds described in subsection (a) 

shall be made available as grants to State agencies as follows— 

(1) 75 percent of the amounts available shall be allocated 

to States based on the share of each State of households that 

participate in the supplemental nutrition assistance program 

as reported to the Department of Agriculture for the most 

recent 12-month period for which data are available, adjusted 

by the Secretary (as of the date of enactment) for participation 

in disaster programs under section 5(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); 

(2) 25 percent of the amounts available shall be allocated 

to States based on the increase in the number of households 

that participate in the supplemental nutrition assistance program as reported to the Department of Agriculture over the 

most recent 12-month period for which data are available, 

adjusted by the Secretary (as of the date of enactment) for 

participation in disaster programs under section 5(h) of the 

Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and 

(3) Not later than 60 days after the date of enactment 

of this Act, the Secretary shall make available to States 

amounts based on paragraphs (1) and (2) of this subparagraph. 

(c) REALLOCATION OF FUNDS.—Funds unobligated at the State 

level in fiscal year 2010 may be recovered and reallocated to the 

States in fiscal year 2011. 

(d) EMERGENCY DESIGNATION.—Amounts in this section are 

designated as emergency requirements and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res. 

13 (111th Congress), the concurrent resolution on the budget for 

fiscal year 2010. 

SEC. 1003. (a) AMENDMENTS TO SECTION 119 OF TITLE 17, 

UNITED STATES CODE.— 

(1) IN GENERAL.—Section 119 of title 17, United States 

Code, is amended— 

(A) in subsection (c)(1)(E), by striking ‘‘December 31, 

2009’’ and inserting ‘‘February 28, 2010’’; and 

(B) in subsection (e), by striking ‘‘December 31, 2009’’ 

and inserting ‘‘February 28, 2010’’. 

(2) TERMINATION OF LICENSE.— 

(A) TERMINATION.—Section 119 of title 17, United 

States Code, as amended by paragraph (1), shall cease 

to be effective on February 28, 2010. 

(B) CONFORMING AMENDMENT.—Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note; Public 

Law 103–369) is repealed. 

(b) AMENDMENTS TO COMMUNICATIONS ACT OF 1934.—Section 

325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is 

amended— 

(1) in paragraph (2)(C), by striking ‘‘December 31, 2009’’ 

and inserting ‘‘February 28, 2010’’; and 

(2) in paragraph (3)(C), by striking ‘‘January 1, 2010’’ each 

place it appears in clauses (ii) and (iii) and inserting ‘‘March 

1, 2010’’. 

Repeal. 

17 USC 119 note. 

Deadline. 

Grants. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3470 PUBLIC LAW 111–118—DEC. 19, 2009 

(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 REAUTHORIZA- TION ACT OF 2005.—Section 102(b)(1) of the USA PATRIOT 

Improvement and Reauthorization Act of 2005 (Public Law 109– 

177; 120 Stat. 195) is amended by striking ‘‘December 31, 2009’’ 

and inserting ‘‘February 28, 2010’’. 

(b) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT

OF 2004.—Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 

3742; 50 U.S.C. 1801 note) is amended by striking ‘‘December 

31, 2009’’ and inserting ‘‘February 28, 2010’’. 

SEC. 1005. Section 129 of the Continuing Appropriations Resolution, 2010 (Public Law 111–68) is amended by striking ‘‘by substituting’’ and all that follows through the period at the end, and 

inserting ‘‘by substituting February 28, 2010 for the date specified 

in each such section.’’. 

SEC. 1006. (a) There is hereby appropriated $125,000,000, for 

an additional amount for ‘‘Small Business Administration—Business Loans Program Account’’ for fee reductions and eliminations 

under section 501 of division A of the American Recovery and 

Reinvestment Act of 2009 (Public Law 111–5) and for the cost 

of guaranteed loans under section 502 of such division: Provided, 

That such cost shall be as defined in section 502 of the Congressional Budget Act of 1974. 

(b) Section 502(f) of division A of the American Recovery and 

Reinvestment Act of 2009 is amended by striking ‘‘the date 12 

months after the date of enactment of this Act’’ and inserting 

‘‘February 28, 2010’’. 

(c) Amounts in this section are designated as emergency 

requirements and necessary to meet emergency needs pursuant 

to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

SEC. 1007. (a) PAYMENT.—The Secretary of the Interior may 

make a payment to Swain County, North Carolina, in an amount 

of $12,800,000, in connection with the non-construction of the North 

Shore Road: Provided, That $4,000,000 shall be available for obligation upon enactment of this Act: Provided further, That remaining 

amounts shall not be available for obligation until 120 days following signature of an agreement between the Secretary of the 

Interior, Swain County, the State of North Carolina, and the Tennessee Valley Authority that supersedes the agreement of July 

30, 1943, related to the construction of North Shore Road between 

the Secretary, the County, the State, and the Authority. For this 

payment, there is hereby appropriated $6,800,000, to remain available until expended, and an amount of $6,000,000 from unobligated 

balances available to the Department of the Interior from prior 

appropriations to the ‘‘Construction’’ account for the National Park 

Service. 

(b) RESCISSION.—Of the funds appropriated in the Department 

of Transportation and Related Agencies Appropriations Act, 2001 

(Public Law 106–346), in section 378 for construction of, and 

improvements to, North Shore Road in Swain County, North Carolina, $6,800,000 is hereby permanently rescinded. 

North Carolina. 

Ante, p. 153. 

Ante, p. 2047. 

50 USC 1805 and 

note, 1861, 1862. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3471 

SEC. 1008. (a) For purposes of the continued extension of surface 

transportation programs and related authority to make expenditures from the Highway Trust Fund and other trust funds under 

sections 157 through 162 of the Continuing Appropriations Resolution, 2010, the date specified in section 106(3) of such resolution 

shall be deemed to be February 28, 2010. 

(b) Section 158(c) is amended by striking the period at the 

end and inserting ‘‘except for the rescission made by section 123 

of division I of the Omnibus Appropriations Act, 2009. The amount 

made available for each of the apportioned Federal-aid highway 

programs under subsection (a) shall be reduced by an amount 

equaling $33,401,492 multiplied by the amount calculated under 

subsection (a) and divided by $23,941,505,262’’. 

SEC. 1009. (a)(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is 

amended— 

(A) by striking ‘‘December 31, 2009’’ each place it appears 

and inserting ‘‘February 28, 2010’’; 

(B) in the heading for subsection (b)(2), by striking 

‘‘DECEMBER 31, 2009’’ and inserting ‘‘FEBRUARY 28, 2010’’; and 

(C) in subsection (b)(3), by striking ‘‘May 31, 2010’’ and 

inserting ‘‘July 31, 2010’’. 

(2) Section 2002(e) of the Assistance for Unemployed Workers 

and Struggling Families Act, as contained in Public Law 111– 

5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended— 

(A) in paragraph (1)(B), by striking ‘‘before January 1, 

2010’’ and inserting ‘‘on or before February 28, 2010’’; 

(B) in the heading for paragraph (2), by striking ‘‘JANUARY

1, 2010’’ and inserting ‘‘FEBRUARY 28, 2010’’; and 

(C) in paragraph (3), by striking ‘‘June 30, 2010’’ and 

inserting ‘‘August 31, 2010’’. 

(3) Section 2005 of the Assistance for Unemployed Workers 

and Struggling Families Act, as contained in Public Law 111– 

5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended— 

(A) by striking ‘‘January 1, 2010’’ each place it appears 

and inserting ‘‘February 28, 2010’’; and 

(B) in subsection (c), by striking ‘‘June 1, 2010’’ and 

inserting ‘‘July 31, 2010’’. 

(4) Section 5 of the Unemployment Compensation Extension 

Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 note) is amended 

by striking ‘‘May 30, 2010’’ and inserting ‘‘July 31, 2010’’. 

(b) Section 4004(e)(1) of the Supplemental Appropriations Act, 

2008 (Public Law 110–252; 26 U.S.C. 3304 note) is amended by 

striking ‘‘by reason of’’ and all that follows and inserting the following: ‘‘by reason of— 

‘‘(A) the amendments made by section 2001(a) of the 

Assistance for Unemployed Workers and Struggling Families Act; 

‘‘(B) the amendments made by sections 2 through 4 

of the Worker, Homeownership, and Business Assistance 

Act of 2009; and 

‘‘(C) the amendments made by section 1009 of the 

Department of Defense Appropriations Act, 2010; and’’. 

(c) Amounts in this section are designated as emergency 

requirements and necessary to meet emergency needs pursuant 

to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), 

the concurrent resolution on the budget for fiscal year 2010. 

Ante, p. 2051. 

Ante, p. 2045. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3472 PUBLIC LAW 111–118—DEC. 19, 2009 

SEC. 1010. (a) EXTENSION OF ELIGIBILITY PERIOD.—Subsection 

(a)(3)(A) of section 3001 of division B of the American Recovery 

and Reinvestment Act of 2009 (Public Law 111–5) is amended 

by striking ‘‘December 31, 2009’’ and inserting ‘‘February 28, 2010’’. 

(b) EXTENSION OF MAXIMUM DURATION OF ASSISTANCE.—Subsection (a)(2)(A)(ii)(I) of such section is amended by striking ‘‘9 

months’’ and inserting ‘‘15 months’’. 

(c) RULES RELATED TO 2009 EXTENSION.—Subsection (a) of such 

section is further amended by adding at the end the following: 

‘‘(16) RULES RELATED TO 2009 EXTENSION.— ‘‘(A) ELECTION TO PAY PREMIUMS RETROACTIVELY AND

MAINTAIN COBRA COVERAGE.—In the case of any premium 

for a period of coverage during an assistance eligible 

individual’s transition period, such individual shall be 

treated for purposes of any COBRA continuation provision 

as having timely paid the amount of such premium if— 

‘‘(i) such individual was covered under the COBRA 

continuation coverage to which such premium relates 

for the period of coverage immediately preceding such 

transition period, and 

‘‘(ii) such individual pays, not later than 60 days 

after the date of the enactment of this paragraph (or, 

if later, 30 days after the date of provision of the 

notification required under subparagraph (D)(ii)), the 

amount of such premium, after the application of paragraph (1)(A). 

‘‘(B) REFUNDS AND CREDITS FOR RETROACTIVE PREMIUM

ASSISTANCE ELIGIBILITY.—In the case of an assistance 

eligible individual who pays, with respect to any period 

of COBRA continuation coverage during such individual’s 

transition period, the premium amount for such coverage 

without regard to paragraph (1)(A), rules similar to the 

rules of paragraph (12)(E) shall apply. 

‘‘(C) TRANSITION PERIOD.— 

‘‘(i) IN GENERAL.—For purposes of this paragraph, 

the term ‘transition period’ means, with respect to 

any assistance eligible individual, any period of coverage if— 

‘‘(I) such period begins before the date of the 

enactment of this paragraph, and 

‘‘(II) paragraph (1)(A) applies to such period 

by reason of the amendment made by section 

1010(b) of the Department of Defense Appropriations Act, 2010. 

‘‘(ii) CONSTRUCTION.—Any period during the period 

described in subclauses (I) and (II) of clause (i) for 

which the applicable premium has been paid pursuant 

to subparagraph (A) shall be treated as a period of 

coverage referred to in such paragraph, irrespective 

of any failure to timely pay the applicable premium 

(other than pursuant to subparagraph (A)) for such 

period. 

‘‘(D) NOTIFICATION.— 

‘‘(i) IN GENERAL.—In the case of an individual who 

was an assistance eligible individual at any time on 

or after October 31, 2009, or experiences a qualifying 

event (consisting of termination of employment) 

Deadlines. 

Definition. 

Applicability. 

Deadlines. 

26 USC 6432 

note. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3473 

relating to COBRA continuation coverage on or after 

such date, the administrator of the group health plan 

(or other entity) involved shall provide an additional 

notification with information regarding the amendments made by section 1010 of the Department of 

Defense Appropriations Act, 2010, within 60 days after 

the date of the enactment of such Act or, in the case 

of a qualifying event occurring after such date of enactment, consistent with the timing of notifications under 

paragraph (7)(A). 

‘‘(ii) TO INDIVIDUALS WHO LOST ASSISTANCE.—In 

the case of an assistance eligible individual described 

in subparagraph (A)(i) who did not timely pay the 

premium for any period of coverage during such 

individual’s transition period or paid the premium for 

such period without regard to paragraph (1)(A), the 

administrator of the group health plan (or other entity) 

involved shall provide to such individual, within the 

first 60 days of such individual’s transition period, 

an additional notification with information regarding 

the amendments made by section 1010 of the Department of Defense Appropriations Act, 2010, including 

information on the ability under subparagraph (A) to 

make retroactive premium payments with respect to 

the transition period of the individual in order to maintain COBRA continuation coverage. 

‘‘(iii) APPLICATION OF RULES.—Rules similar to the 

rules of paragraph (7) shall apply with respect to 

notifications under this subparagraph.’’. 

(d) CLARIFICATION THAT ELIGIBILITY AND NOTICE IS BASED

ON TIMING OF QUALIFYING EVENT.—Subsection (a) of such section 

is amended— 

(1) in paragraph (3)(A)— 

(A) by striking ‘‘at any time’’ and inserting ‘‘such qualified beneficiary is eligible for COBRA continuation coverage 

related to a qualifying event occurring’’; and 

(B) by striking ‘‘, such qualified beneficiary is eligible 

for COBRA continuation coverage’’; and 

(2) in paragraph (7)(A), by striking ‘‘become entitled to 

elect COBRA continuation coverage’’ and inserting ‘‘have a 

qualifying event relating to COBRA continuation coverage’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the provisions of section 3001 

of division B of the American Recovery and Reinvestment Act 

of 2009 to which they relate. 

(f) EMERGENCY DESIGNATIONS.— 

(1) IN GENERAL.—Amounts in this section are designated 

as emergency requirements and necessary to meet emergency 

needs pursuant to sections 403 and 423(b) of S. Con. Res. 

13 (111th Congress), the concurrent resolution on the budget 

for fiscal year 2010. 

(2) PAYGO.—All applicable provisions in this section are 

designated as an emergency for purposes of pay-as-you-go principles. 

SEC. 1011. (a) IN GENERAL.—Section 1848(d) of the Social Security Act (42 U.S.C. 1395w–4(d)) is amended by adding at the end 

the following new paragraph: 

26 USC 6432 

note. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
123 STAT. 3474 PUBLIC LAW 111–118—DEC. 19, 2009 

‘‘(10) UPDATE FOR PORTION OF 2010.— 

‘‘(A) IN GENERAL.—Subject to paragraphs (7)(B), (8)(B), 

and (9)(B), in lieu of the update to the single conversion 

factor established in paragraph (1)(C) that would otherwise 

apply for 2010 for the period beginning on January 1, 

2010, and ending on February 28, 2010, the update to 

the single conversion factor shall be 0 percent for 2010. 

‘‘(B) NO EFFECT ON COMPUTATION OF CONVERSION

FACTOR FOR REMAINING PORTION OF 2010 AND SUBSEQUENT

YEARS.—The conversion factor under this subsection shall 

be computed under paragraph (1)(A) for the period beginning on March 1, 2010, and ending on December 31, 2010, 

and for 2011 and subsequent years as if subparagraph 

(A) had never applied.’’. 

(b) FUNDING FROM MEDICARE IMPROVEMENT FUND.—Section 

1898(b)(1) of such Act (42 U.S.C. 1395iii(b)(1)) is amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘$22,290,000,000’’ and inserting 

‘‘$20,740,000,000’’; and 

(B) by striking ‘‘and’’ at the end; 

(2) by redesignating subparagraph (B) as subparagraph 

(C); and 

(3) by inserting after subparagraph (A) the following new 

subparagraph: 

‘‘(B) fiscal year 2015, $550,000,000; and’’. 

SEC. 1012. Notwithstanding any other provision of law, the 

Secretary of Health and Human Services shall not publish updated 

poverty guidelines for 2010 under section 673(2) of the Omnibus 

Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) before March 

1, 2010, and the poverty guidelines published under such section 

on January 23, 2009, shall remain in effect until updated poverty 

guidelines are published. 

SEC. 1013. From the ‘‘National Telecommunications and 

Information Administration—Digital-to-Analog Converter Box Program’’ in the Department of Commerce, $128,000,000 is hereby 

rescinded. 

SEC. 1014. The explanatory statement regarding this Act 

printed in the House of Representatives section of the Congressional 

Record on or about December 16, 2010, by the Chairman of the 

Subcommittee on Defense of the Committee on Appropriations of 

the House of Representatives shall have the same effect with respect 

Rescission. 

Guidelines. 

Publication. 

Time period. 

Time periods. 


ccoleman on DSK8P6SHH1 with PUBLIC LAWS
PUBLIC LAW 111–118—DEC. 19, 2009 123 STAT. 3475 

LEGISLATIVE HISTORY—H.R. 3326: 

HOUSE REPORTS: No. 111–230 (Comm. on Appropriations). 

SENATE REPORTS: No. 111–74 (Comm. on Appropriations). 

CONGRESSIONAL RECORD, Vol. 155 (2009): 

July 29, 30, considered and passed House. 

Sept. 24, 25, 29, 30, Oct. 1, 6, considered and passed Senate, amended. 

Dec. 16, House concurred in Senate amendment with an amendment. Senate 

considered House amendment. 

Dec. 17–19, Senate considered and concurred in House amendment. 

Æ 

to the allocation of funds and implementation of this Act as if 

it were a joint explanatory statement of a committee of conference. 

Approved December 19, 2009. 


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