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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3326 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                     December 16, 2009.
    Resolved, That the House agree to the amendment of the Senate to 
the bill (H.R. 3326) entitled ``An Act making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2010, 
and for other purposes.'', with the following

                  HOUSE AMENDMENT TO SENATE AMENDMENT:

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

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Department of Defense 
Appropriations Act, 2010''.

SEC. 2. TABLE OF CONTENTS.

     The table of contents of this Act is as follows:

        Sec. 1. Short title.
        Sec. 2. Table of contents.
        Sec. 3. References.

            DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS

        Title I--Military Personnel
        Title II--Operation and Maintenance
        Title III--Procurement
        Title IV--Research, Development, Test and Evaluation
        Title V--Revolving and Management Funds
        Title VI--Other Department of Defense Programs
        Title VII--Related Agencies
        Title VIII--General Provisions
        Title IX--Overseas Contingency Operations

                       DIVISION B--OTHER MATTERS

SEC. 3. REFERENCES.

     Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

            DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2010, for military functions administered by the 
Department of Defense and for other purposes, namely:

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty, (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $41,005,612,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; for members of the Reserve 
Officers' Training Corps; and for payments pursuant to section 156 of 
Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $25,289,049,000.

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Marine Corps on active duty (except members of the Reserve provided 
for elsewhere); and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department of 
Defense Military Retirement Fund, $12,799,990,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; for members of 
the Reserve Officers' Training Corps; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and 
to the Department of Defense Military Retirement Fund, $26,174,136,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $4,304,713,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,909,301,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$613,500,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,589,412,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard while on duty 
under section 10211, 10302, or 12402 of title 10 or section 708 of 
title 32, United States Code, or while serving on duty under section 
12301(d) of title 10 or section 502(f) of title 32, United States Code, 
in connection with performing duty specified in section 12310(a) of 
title 10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$7,546,905,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,938,229,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $12,478,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Army, and payments may be made on his certificate of necessity 
for confidential military purposes, $30,934,550,000.

                    Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $14,657,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$34,714,396,000.

                Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$5,539,117,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,699,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $33,477,116,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$28,115,793,000: Provided, That not more than $50,000,000 may be used 
for the Combatant Commander Initiative Fund authorized under section 
166a of title 10, United States Code: Provided further, That not to 
exceed $36,000,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of Defense, and payments may be made on his certificate of necessity 
for confidential military purposes: Provided further, That of the funds 
provided under this heading, not less than $29,732,000 shall be made 
available for the Procurement Technical Assistance Cooperative 
Agreement Program, of which not less than $3,600,000 shall be available 
for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 
none of the funds appropriated or otherwise made available by this Act 
may be used to plan or implement the consolidation of a budget or 
appropriations liaison office of the Office of the Secretary of 
Defense, the office of the Secretary of a military department, or the 
service headquarters of one of the Armed Forces into a legislative 
affairs or legislative liaison office: Provided further, That 
$6,667,000, to remain available until expended, is available only for 
expenses relating to certain classified activities, and may be 
transferred as necessary by the Secretary to operation and maintenance 
appropriations or research, development, test and evaluation 
appropriations, to be merged with and to be available for the same time 
period as the appropriations to which transferred: Provided further, 
That any ceiling on the investment item unit cost of items that may be 
purchased with operation and maintenance funds shall not apply to the 
funds described in the preceding proviso: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,617,496,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Navy Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $1,273,701,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Marine Corps Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $223,175,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Air Force Reserve; repair of facilities and 
equipment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,131,200,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 
personnel services in the National Guard Bureau; travel expenses (other 
than mileage), as authorized by law for Army personnel on active duty, 
for Army National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National Guard 
Bureau; supplying and equipping the Army National Guard as authorized 
by law; and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $6,189,713,000.

             Operation and Maintenance, Air National Guard

    For expenses of training, organizing, and administering the Air 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; transportation of things, hire of 
passenger motor vehicles; supplying and equipping the Air National 
Guard, as authorized by law; expenses for repair, modification, 
maintenance, and issue of supplies and equipment, including those 
furnished from stocks under the control of agencies of the Department 
of Defense; travel expenses (other than mileage) on the same basis as 
authorized by law for Air National Guard personnel on active Federal 
duty, for Air National Guard commanders while inspecting units in 
compliance with National Guard Bureau regulations when specifically 
authorized by the Chief, National Guard Bureau, $5,882,251,000.

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States Court of 
Appeals for the Armed Forces, $13,932,000, of which not to exceed 
$5,000 may be used for official representation purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $423,364,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $285,869,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $494,276,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $292,700,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 407, 2557, and 2561 of 
title 10, United States Code), $109,869,000, to remain available until 
September 30, 2011.

                  Cooperative Threat Reduction Account

    For assistance to the republics of the former Soviet Union and, 
with appropriate authorization by the Department of Defense and 
Department of State, to countries outside of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure transportation and 
storage of nuclear, chemical and other weapons; for establishing 
programs to prevent the proliferation of weapons, weapons components, 
and weapon-related technology and expertise; for programs relating to 
the training and support of defense and military personnel for 
demilitarization and protection of weapons, weapons components and 
weapons technology and expertise, and for defense and military 
contacts, $424,093,000, to remain available until September 30, 2012: 
Provided, That of the amounts provided under this heading, not less 
than $15,000,000 shall be available only to support the dismantling and 
disposal of nuclear submarines, submarine reactor components, and 
security enhancements for transport and storage of nuclear warheads in 
the Russian Far East and North.

      Department of Defense Acquisition Workforce Development Fund

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

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $5,093,822,000, to remain available for obligation until 
September 30, 2012.

                       Missile Procurement, Army

    For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the foregoing 
purposes, $1,251,053,000, to remain available for obligation until 
September 30, 2012.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification of 
weapons and tracked combat vehicles, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including the 
land necessary therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private plants; 
reserve plant and Government and contractor-owned equipment layaway; 
and other expenses necessary for the foregoing purposes, 
$2,335,807,000, to remain available for obligation until September 30, 
2012.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $2,056,115,000, to remain available for 
obligation until September 30, 2012.

                        Other Procurement, Army

    For construction, procurement, production, and modification of 
vehicles, including tactical, support, and non-tracked combat vehicles; 
the purchase of passenger motor vehicles for replacement only; and the 
purchase of eight vehicles required for physical security of personnel, 
notwithstanding price limitations applicable to passenger vehicles but 
not to exceed $250,000 per vehicle; communications and electronic 
equipment; other support equipment; spare parts, ordnance, and 
accessories therefor; specialized equipment and training devices; 
expansion of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $8,582,660,000, to 
remain available for obligation until September 30, 2012.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $18,643,221,000, to remain available for obligation 
until September 30, 2012.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $3,357,572,000, to remain available 
for obligation until September 30, 2012.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $800,651,000, to remain available for 
obligation until September 30, 2012.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools and 
installation thereof in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; procurement of 
critical, long lead time components and designs for vessels to be 
constructed or converted in the future; and expansion of public and 
private plants, including land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title, as follows:
            Carrier Replacement Program, $739,269,000;
            Carrier Replacement Program (AP), $484,432,000;
            NSSN, $1,964,317,000;
            NSSN (AP), $1,959,725,000;
            CVN Refueling, $1,563,602,000;
            CVN Refuelings (AP), $211,820,000;
            DDG-1000 Program, $1,382,797,000;
            DDG-51 Destroyer, $1,912,267,000;
            DDG-51 Destroyer (AP), $578,996,000;
            Littoral Combat Ship, $1,080,000,000;
            LPD-17, $872,392,000;
            LPD-17 (AP), $184,555,000;
            LHA-R (AP), $170,000,000;
            Intratheater Connector, $177,956,000;
            LCAC Service Life Extension Program, $63,857,000;
            Prior year shipbuilding costs, $144,950,000;
            Service Craft, $3,694,000; and
            For outfitting, post delivery, conversions, and first 
        destination transportation, $386,903,000.
    In all: $13,881,532,000, to remain available for obligation until 
September 30, 2014: Provided, That additional obligations may be 
incurred after September 30, 2014, for engineering services, tests, 
evaluations, and other such budgeted work that must be performed in the 
final stage of ship construction: Provided further, That none of the 
funds provided under this heading for the construction or conversion of 
any naval vessel to be constructed in shipyards in the United States 
shall be expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support equipment 
and materials not otherwise provided for, Navy ordnance (except 
ordnance for new aircraft, new ships, and ships authorized for 
conversion); the purchase of passenger motor vehicles for replacement 
only, and the purchase of seven vehicles required for physical security 
of personnel, notwithstanding price limitations applicable to passenger 
vehicles but not to exceed $250,000 per vehicle; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $5,441,234,000, to remain available for obligation 
until September 30, 2012.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare parts, 
and accessories therefor; plant equipment, appliances, and machine 
tools, and installation thereof in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway; vehicles 
for the Marine Corps, including the purchase of passenger motor 
vehicles for replacement only; and expansion of public and private 
plants, including land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior to 
approval of title, $1,521,505,000, to remain available for obligation 
until September 30, 2012.

                    Aircraft Procurement, Air Force

    For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground handling 
equipment, and training devices, spare parts, and accessories therefor; 
specialized equipment; expansion of public and private plants, 
Government-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; reserve 
plant and Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $13,295,474,000, to remain available for 
obligation until September 30, 2012; Provided, That none of the funds 
provided in this Act for modification of C-17 aircraft may be obligated 
until all C-17 contracts funded with prior year ``Aircraft Procurement, 
Air Force'' appropriated funds are definitized unless the Secretary of 
the Air Force certifies in writing to the congressional defense 
committees that each such obligation is necessary to meet the needs of 
a warfighting requirement or prevents increased costs to the taxpayer 
and provides the reasons for failing to definitize the prior year 
contracts along with the prospective contract definitization schedule.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of missiles, 
spacecraft, rockets, and related equipment, including spare parts and 
accessories therefor, ground handling equipment, and training devices; 
expansion of public and private plants, Government-owned equipment and 
installation thereof in such plants, erection of structures, and 
acquisition of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes including rents and transportation of things, 
$5,995,544,000, to remain available for obligation until September 30, 
2012.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification of 
ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine 
tools in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for 
the foregoing purposes, $801,550,000, to remain available for 
obligation until September 30, 2012.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including ground 
guidance and electronic control equipment, and ground electronic and 
communication equipment), and supplies, materials, and spare parts 
therefor, not otherwise provided for; the purchase of passenger motor 
vehicles for replacement only, and the purchase of two vehicles 
required for physical security of personnel, notwithstanding price 
limitations applicable to passenger vehicles but not to exceed $250,000 
per vehicle; lease of passenger motor vehicles; and expansion of public 
and private plants, Government-owned equipment and installation thereof 
in such plants, erection of structures, and acquisition of land, for 
the foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $17,138,239,000, to remain available for obligation until 
September 30, 2012.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; the 
purchase of passenger motor vehicles for replacement only; expansion of 
public and private plants, equipment, and installation thereof in such 
plants, erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval of 
title; reserve plant and Government and contractor-owned equipment 
layaway, $4,050,537,000, to remain available for obligation until 
September 30, 2012.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $150,746,000, to remain available 
until expended.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$11,474,180,000, to remain available for obligation until September 30, 
2011.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$20,003,463,000, to remain available for obligation until September 30, 
2011: Provided, That funds appropriated in this paragraph which are 
available for the V-22 may be used to meet unique operational 
requirements of the Special Operations Forces: Provided further, That 
funds appropriated in this paragraph shall be available for the Cobra 
Judy program.

         Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$28,121,985,000, to remain available for obligation until September 30, 
2011.

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of 
Defense (other than the military departments), necessary for basic and 
applied scientific research, development, test and evaluation; advanced 
research projects as may be designated and determined by the Secretary 
of Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $20,747,081,000, to remain 
available for obligation until September 30, 2011, of which $2,500,000 
shall be available only for the Missile Defense Agency to construct a 
replacement Patriot launcher pad for the Japanese Ministry of Defense.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and 
Evaluation, in the direction and supervision of operational test and 
evaluation, including initial operational test and evaluation which is 
conducted prior to, and in support of, production decisions; joint 
operational testing and evaluation; and administrative expenses in 
connection therewith, $190,770,000, to remain available for obligation 
until September 30, 2011.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security 
needs of the United States, $1,672,758,000, to remain available until 
expended: Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components 
(engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes: Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense as authorized by law, 
$29,243,428,000; of which $27,596,689,000 shall be for operation and 
maintenance, of which not to exceed one percent shall remain available 
until September 30, 2011, and of which up to $15,093,539,000 may be 
available for contracts entered into under the TRICARE program; of 
which $366,692,000, to remain available for obligation until September 
30, 2012, shall be for procurement; and of which $1,280,047,000, to 
remain available for obligation until September 30, 2011, shall be for 
research, development, test and evaluation: Provided, That, 
notwithstanding any other provision of law, of the amount made 
available under this heading for research, development, test and 
evaluation, not less than $10,000,000 shall be available for HIV 
prevention educational activities undertaken in connection with United 
States military training, exercises, and humanitarian assistance 
activities conducted primarily in African nations.

           Chemical Agents and Munitions Destruction, Defense

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions, to include construction of facilities, in accordance 
with the provisions of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of 
other chemical warfare materials that are not in the chemical weapon 
stockpile, $1,560,760,000, of which $1,146,802,000 shall be for 
operation and maintenance, of which no less than $84,839,000, shall be 
for the Chemical Stockpile Emergency Preparedness Program, consisting 
of $34,905,000 for activities on military installations and 
$49,934,000, to remain available until September 30, 2011, to assist 
State and local governments; $12,689,000 shall be for procurement, to 
remain available until September 30, 2012, of which no less than 
$12,689,000 shall be for the Chemical Stockpile Emergency Preparedness 
Program to assist State and local governments; and $401,269,000, to 
remain available until September 30, 2011, shall be for research, 
development, test and evaluation, of which $398,669,000 shall only be 
for the Assembled Chemical Weapons Alternatives (ACWA) program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the Department 
of Defense, for transfer to appropriations available to the Department 
of Defense for military personnel of the reserve components serving 
under the provisions of title 10 and title 32, United States Code; for 
operation and maintenance; for procurement; and for research, 
development, test and evaluation, $1,158,226,000: Provided, That the 
funds appropriated under this heading shall be available for obligation 
for the same time period and for the same purpose as the appropriation 
to which transferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation: Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For the ``Joint Improvised Explosive Device Defeat Fund'', 
$121,550,000 for Staff and Infrastructure: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Director of the 
Joint Improvised Explosive Device Defeat Organization to investigate, 
develop and provide equipment, supplies, services, training, 
facilities, personnel and funds to assist United States forces in the 
defeat of improvised explosive devices: Provided further, That within 
60 days of the enactment of this Act, a plan for the intended 
management and use of the amounts provided under this heading shall be 
submitted to the congressional defense committees: Provided further, 
That the Secretary of Defense shall submit a report not later than 60 
days after the end of each fiscal quarter to the congressional defense 
committees providing assessments of the evolving threats, individual 
service requirements to counter the threats, the current strategy for 
predeployment training of members of the Armed Forces on improvised 
explosive devices, and details on the execution of the Fund: Provided 
further, That the Secretary of Defense may transfer funds provided 
herein to appropriations for operation and maintenance; procurement; 
research, development, test and evaluation; and defense working capital 
funds to accomplish the purpose provided herein: Provided further, That 
amounts transferred shall be merged with and available for the same 
purposes and time period as the appropriations to which transferred: 
Provided further, That this transfer authority is in addition to any 
other transfer authority available to the Department of Defense: 
Provided further, That the Secretary of Defense shall, not fewer than 
15 days prior to making transfers from this appropriation, notify the 
congressional defense committees in writing of the details of any such 
transfer.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector General 
in carrying out the provisions of the Inspector General Act of 1978, as 
amended, $288,100,000, of which $287,100,000 shall be for operation and 
maintenance, of which not to exceed $700,000 is available for 
emergencies and extraordinary expenses to be expended on the approval 
or authority of the Inspector General, and payments may be made on the 
Inspector General's certificate of necessity for confidential military 
purposes; and of which $1,000,000, to remain available until September 
30, 2012, shall be for procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement and 
Disability System Fund, to maintain the proper funding level for 
continuing the operation of the Central Intelligence Agency Retirement 
and Disability System, $290,900,000.

               Intelligence Community Management Account

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

                               TITLE VIII

                           GENERAL PROVISIONS

    Sec. 8001.  No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes not authorized by 
the Congress.
    Sec. 8002.  During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, any 
person not a citizen of the United States shall not apply to personnel 
of the Department of Defense: Provided, That salary increases granted 
to direct and indirect hire foreign national employees of the 
Department of Defense funded by this Act shall not be at a rate in 
excess of the percentage increase authorized by law for civilian 
employees of the Department of Defense whose pay is computed under the 
provisions of section 5332 of title 5, United States Code, or at a rate 
in excess of the percentage increase provided by the appropriate host 
nation to its own employees, whichever is higher: Provided further, 
That this section shall not apply to Department of Defense foreign 
service national employees serving at United States diplomatic missions 
whose pay is set by the Department of State under the Foreign Service 
Act of 1980: Provided further, That the limitations of this provision 
shall not apply to foreign national employees of the Department of 
Defense in the Republic of Turkey.
    Sec. 8003.  No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year, 
unless expressly so provided herein.
    Sec. 8004.  No more than 20 percent of the appropriations in this 
Act which are limited for obligation during the current fiscal year 
shall be obligated during the last 2 months of the fiscal year: 
Provided, That this section shall not apply to obligations for support 
of active duty training of reserve components or summer camp training 
of the Reserve Officers' Training Corps.

                          (transfer of funds)

    Sec. 8005.  Upon determination by the Secretary of Defense that 
such action is necessary in the national interest, he may, with the 
approval of the Office of Management and Budget, transfer not to exceed 
$4,000,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress: 
Provided further, That a request for multiple reprogrammings of funds 
using authority provided in this section shall be made prior to June 
30, 2010: Provided further, That transfers among military personnel 
appropriations shall not be taken into account for purposes of the 
limitation on the amount of funds that may be transferred under this 
section: Provided further, That no obligation of funds may be made 
pursuant to section 1206 of Public Law 109-163 (or any successor 
provision) unless the Secretary of Defense has notified the 
congressional defense committees prior to any such obligation.
    Sec. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments to 
budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ``Explanation of Project 
Level Adjustments'' in the explanatory statement regarding this Act, 
the obligation and expenditure of amounts appropriated or otherwise 
made available in this Act for those programs, projects, and activities 
for which the amounts appropriated exceed the amounts requested are 
hereby required by law to be carried out in the manner provided by such 
tables to the same extent as if the tables were included in the text of 
this Act.
    (b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
for purposes of section 8005 of this Act: Provided, That section 8005 
shall apply when transfers of the amounts described in subsection (a) 
occur between appropriation accounts.
    Sec. 8007. (a) Not later than 60 days after enactment of this Act, 
the Department of Defense shall submit a report to the congressional 
defense committees to establish the baseline for application of 
reprogramming and transfer authorities for fiscal year 2010: Provided, 
That the report shall include--
            (1) a table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation both 
        by budget activity and program, project, and activity as 
        detailed in the Budget Appendix; and
            (3) an identification of items of special congressional 
        interest.
    (b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that such 
reprogramming or transfer is necessary as an emergency requirement.
    Sec. 8008.  The Secretaries of the Air Force and the Army are 
authorized, using funds available under the headings ``Operation and 
Maintenance, Air Force'' and ``Operation and Maintenance, Army'', to 
complete facility conversions and phased repair projects which may 
include upgrades and additions to Alaskan range infrastructure and 
training areas, and improved access to these ranges.

                          (transfer of funds)

    Sec. 8009.  During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established pursuant 
to section 2208 of title 10, United States Code, may be maintained in 
only such amounts as are necessary at any time for cash disbursements 
to be made from such funds: Provided, That transfers may be made 
between such funds: Provided further, That transfers may be made 
between working capital funds and the ``Foreign Currency Fluctuations, 
Defense'' appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by the 
Secretary of Defense, with the approval of the Office of Management and 
Budget, except that such transfers may not be made unless the Secretary 
of Defense has notified the Congress of the proposed transfer. Except 
in amounts equal to the amounts appropriated to working capital funds 
in this Act, no obligations may be made against a working capital fund 
to procure or increase the value of war reserve material inventory, 
unless the Secretary of Defense has notified the Congress prior to any 
such obligation.
    Sec. 8010.  Funds appropriated by this Act may not be used to 
initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees.
    Sec. 8011.  None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one year of 
the contract or that includes an unfunded contingent liability in 
excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order quantity 
procurement in excess of $20,000,000 in any one year, unless the 
congressional defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part of any 
appropriation contained in this Act shall be available to initiate a 
multiyear contract for which the economic order quantity advance 
procurement is not funded at least to the limits of the Government's 
liability: Provided further, That no part of any appropriation 
contained in this Act shall be available to initiate multiyear 
procurement contracts for any systems or component thereof if the value 
of the multiyear contract would exceed $500,000,000 unless specifically 
provided in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to the 
congressional defense committees: Provided further, That the execution 
of multiyear authority shall require the use of a present value 
analysis to determine lowest cost compared to an annual procurement: 
Provided further, That none of the funds provided in this Act may be 
used for a multiyear contract executed after the date of the enactment 
of this Act unless in the case of any such contract--
            (1) the Secretary of Defense has submitted to Congress a 
        report within 30 days of enactment of this Act that certifies 
        full funding of units to be procured through the contract and, 
        in the case of a contract for procurement of aircraft, that 
        includes, for any aircraft unit to be procured through the 
        contract for which procurement funds are identified in that 
        report for production beyond advance procurement activities in 
        the fiscal year 2010 budget, full funding of procurement of 
        such unit in that fiscal year;
            (2) cancellation provisions in the contract do not include 
        consideration of recurring manufacturing costs of the 
        contractor associated with the production of unfunded units to 
        be delivered under the contract;
            (3) the contract provides that payments to the contractor 
        under the contract shall not be made in advance of incurred 
        costs on funded units; and
            (4) the contract does not provide for a price adjustment 
        based on a failure to award a follow-on contract.
     Funds appropriated in title III of this Act may be used for a 
multiyear procurement contract as follows:
            F-18 aircraft variants.
    Sec. 8012.  Within the funds appropriated for the operation and 
maintenance of the Armed Forces, funds are hereby appropriated pursuant 
to section 401 of title 10, United States Code, for humanitarian and 
civic assistance costs under chapter 20 of title 10, United States 
Code. Such funds may also be obligated for humanitarian and civic 
assistance costs incidental to authorized operations and pursuant to 
authority granted in section 401 of chapter 20 of title 10, United 
States Code, and these obligations shall be reported as required by 
section 401(d) of title 10, United States Code: Provided, That funds 
available for operation and maintenance shall be available for 
providing humanitarian and similar assistance by using Civic Action 
Teams in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of Free 
Association as authorized by Public Law 99-239: Provided further, That 
upon a determination by the Secretary of the Army that such action is 
beneficial for graduate medical education programs conducted at Army 
medical facilities located in Hawaii, the Secretary of the Army may 
authorize the provision of medical services at such facilities and 
transportation to such facilities, on a nonreimbursable basis, for 
civilian patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.
    Sec. 8013. (a) During fiscal year 2010, the civilian personnel of 
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year 
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the 
last day of such fiscal year.
    (b) The fiscal year 2011 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2011 Department of Defense budget request 
shall be prepared and submitted to the Congress as if subsections (a) 
and (b) of this provision were effective with regard to fiscal year 
2011.
    (c) Nothing in this section shall be construed to apply to military 
(civilian) technicians.
    Sec. 8014.  None of the funds made available by this Act shall be 
used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before the 
Congress.
    Sec. 8015.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment: Provided, That this section shall 
not apply to those members who have reenlisted with this option prior 
to October 1, 1987: Provided further, That this section applies only to 
active components of the Army.
    Sec. 8016. (a) None of the funds appropriated by this Act shall be 
available to convert to contractor performance an activity or function 
of the Department of Defense that, on or after the date of the 
enactment of this Act, is performed by more than 10 Department of 
Defense civilian employees unless--
            (1) the conversion is based on the result of a public-
        private competition that includes a most efficient and cost 
        effective organization plan developed by such activity or 
        function;
            (2) the Competitive Sourcing Official determines that, over 
        all performance periods stated in the solicitation of offers 
        for performance of the activity or function, the cost of 
        performance of the activity or function by a contractor would 
        be less costly to the Department of Defense by an amount that 
        equals or exceeds the lesser of--
                    (A) 10 percent of the most efficient organization's 
                personnel-related costs for performance of that 
                activity or function by Federal employees; or
                    (B) $10,000,000; and
            (3) the contractor does not receive an advantage for a 
        proposal that would reduce costs for the Department of Defense 
        by--
                    (A) not making an employer-sponsored health 
                insurance plan available to the workers who are to be 
                employed in the performance of that activity or 
                function under the contract; or
                    (B) offering to such workers an employer-sponsored 
                health benefits plan that requires the employer to 
                contribute less towards the premium or subscription 
                share than the amount that is paid by the Department of 
                Defense for health benefits for civilian employees 
                under chapter 89 of title 5, United States Code.
    (b)(1) The Department of Defense, without regard to subsection (a) 
of this section or subsection (a), (b), or (c) of section 2461 of title 
10, United States Code, and notwithstanding any administrative 
regulation, requirement, or policy to the contrary shall have full 
authority to enter into a contract for the performance of any 
commercial or industrial type function of the Department of Defense 
that--
            (A) is included on the procurement list established 
        pursuant to section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 
        47);
            (B) is planned to be converted to performance by a 
        qualified nonprofit agency for the blind or by a qualified 
        nonprofit agency for other severely handicapped individuals in 
        accordance with that Act; or
            (C) is planned to be converted to performance by a 
        qualified firm under at least 51 percent ownership by an Indian 
        tribe, as defined in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)), 
        or a Native Hawaiian Organization, as defined in section 
        8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).
    (2) This section shall not apply to depot contracts or contracts 
for depot maintenance as provided in sections 2469 and 2474 of title 
10, United States Code.
    (c) The conversion of any activity or function of the Department of 
Defense under the authority provided by this section shall be credited 
toward any competitive or outsourcing goal, target, or measurement that 
may be established by statute, regulation, or policy and is deemed to 
be awarded under the authority of, and in compliance with, subsection 
(h) of section 2304 of title 10, United States Code, for the 
competition or outsourcing of commercial activities.

                          (transfer of funds)

    Sec. 8017.  Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be transferred 
to any other appropriation contained in this Act solely for the purpose 
of implementing a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National Defense Authorization 
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as 
amended, under the authority of this provision or any other transfer 
authority contained in this Act.
    Sec. 8018.  None of the funds in this Act may be available for the 
purchase by the Department of Defense (and its departments and 
agencies) of welded shipboard anchor and mooring chain 4 inches in 
diameter and under unless the anchor and mooring chain are manufactured 
in the United States from components which are substantially 
manufactured in the United States: Provided, That for the purpose of 
this section, the term ``manufactured'' shall include cutting, heat 
treating, quality control, testing of chain and welding (including the 
forging and shot blasting process): Provided further, That for the 
purpose of this section substantially all of the components of anchor 
and mooring chain shall be considered to be produced or manufactured in 
the United States if the aggregate cost of the components produced or 
manufactured in the United States exceeds the aggregate cost of the 
components produced or manufactured outside the United States: Provided 
further, That when adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis, the Secretary of 
the service responsible for the procurement may waive this restriction 
on a case-by-case basis by certifying in writing to the Committees on 
Appropriations that such an acquisition must be made in order to 
acquire capability for national security purposes.
    Sec. 8019.  None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, M-1 
Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or 
M-1911 pistols, or to demilitarize or destroy small arms ammunition or 
ammunition components that are not otherwise prohibited from commercial 
sale under Federal law, unless the small arms ammunition or ammunition 
components are certified by the Secretary of the Army or designee as 
unserviceable or unsafe for further use.
    Sec. 8020.  No more than $500,000 of the funds appropriated or made 
available in this Act shall be used during a single fiscal year for any 
single relocation of an organization, unit, activity or function of the 
Department of Defense into or within the National Capital Region: 
Provided, That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the best 
interest of the Government.
    Sec. 8021.  In addition to the funds provided elsewhere in this 
Act, $15,000,000 is appropriated only for incentive payments authorized 
by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): 
Provided, That a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or supplier as defined 
in section 1544 of title 25, United States Code, or a small business 
owned and controlled by an individual or individuals defined under 
section 4221(9) of title 25, United States Code, shall be considered a 
contractor for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) 
whenever the prime contract or subcontract amount is over $500,000 and 
involves the expenditure of funds appropriated by an Act making 
Appropriations for the Department of Defense with respect to any fiscal 
year: Provided further, That notwithstanding section 430 of title 41, 
United States Code, this section shall be applicable to any Department 
of Defense acquisition of supplies or services, including any contract 
and any subcontract at any tier for acquisition of commercial items 
produced or manufactured, in whole or in part by any subcontractor or 
supplier defined in section 1544 of title 25, United States Code, or a 
small business owned and controlled by an individual or individuals 
defined under section 4221(9) of title 25, United States Code.
    Sec. 8022.  Funds appropriated by this Act for the Defense Media 
Activity shall not be used for any national or international political 
or psychological activities.
    Sec. 8023.  None of the funds appropriated by this Act shall be 
available to perform any cost study pursuant to the provisions of OMB 
Circular A-76 if the study being performed exceeds the period permitted 
by section 322 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84).
    Sec. 8024.  During the current fiscal year, the Department of 
Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of title 10, 
United States Code, in anticipation of receipt of contributions, only 
from the Government of Kuwait, under that section: Provided, That upon 
receipt, such contributions from the Government of Kuwait shall be 
credited to the appropriations or fund which incurred such obligations.
    Sec. 8025. (a) Of the funds made available in this Act, not less 
than $33,756,000 shall be available for the Civil Air Patrol 
Corporation, of which--
            (1) $26,433,000 shall be available from ``Operation and 
        Maintenance, Air Force'' to support Civil Air Patrol 
        Corporation operation and maintenance, readiness, counterdrug 
        activities, and drug demand reduction activities involving 
        youth programs;
            (2) $6,426,000 shall be available from ``Aircraft 
        Procurement, Air Force''; and
            (3) $897,000 shall be available from ``Other Procurement, 
        Air Force'' for vehicle procurement.
    (b) The Secretary of the Air Force should waive reimbursement for 
any funds used by the Civil Air Patrol for counter-drug activities in 
support of Federal, State, and local government agencies.
    Sec. 8026. (a) None of the funds appropriated in this Act are 
available to establish a new Department of Defense (department) 
federally funded research and development center (FFRDC), either as a 
new entity, or as a separate entity administrated by an organization 
managing another FFRDC, or as a nonprofit membership corporation 
consisting of a consortium of other FFRDCs and other nonprofit 
entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to any 
defense FFRDC, except when acting in a technical advisory capacity, may 
be compensated for his or her services as a member of such entity, or 
as a paid consultant by more than one FFRDC in a fiscal year: Provided, 
That a member of any such entity referred to previously in this 
subsection shall be allowed travel expenses and per diem as authorized 
under the Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the funds 
available to the department from any source during fiscal year 2010 may 
be used by a defense FFRDC, through a fee or other payment mechanism, 
for construction of new buildings, for payment of cost sharing for 
projects funded by Government grants, for absorption of contract 
overruns, or for certain charitable contributions, not to include 
employee participation in community service and/or development.
    (d) Notwithstanding any other provision of law, of the funds 
available to the department during fiscal year 2010, not more than 
5,600 staff years of technical effort (staff years) may be funded for 
defense FFRDCs: Provided, That of the specific amount referred to 
previously in this subsection, not more than 1,100 staff years may be 
funded for the defense studies and analysis FFRDCs: Provided further, 
That this subsection shall not apply to staff years funded in the 
National Intelligence Program (NIP) and the Military Intelligence 
Program (MIP).
    (e) The Secretary of Defense shall, with the submission of the 
department's fiscal year 2011 budget request, submit a report 
presenting the specific amounts of staff years of technical effort to 
be allocated for each defense FFRDC during that fiscal year and the 
associated budget estimates.
    (f) Notwithstanding any other provision of this Act, the total 
amount appropriated in this Act for FFRDCs is hereby reduced by 
$125,200,000.
    Sec. 8027.  None of the funds appropriated or made available in 
this Act shall be used to procure carbon, alloy or armor steel plate 
for use in any Government-owned facility or property under the control 
of the Department of Defense which were not melted and rolled in the 
United States or Canada: Provided, That these procurement restrictions 
shall apply to any and all Federal Supply Class 9515, American Society 
of Testing and Materials (ASTM) or American Iron and Steel Institute 
(AISI) specifications of carbon, alloy or armor steel plate: Provided 
further, That the Secretary of the military department responsible for 
the procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That these 
restrictions shall not apply to contracts which are in being as of the 
date of the enactment of this Act.
    Sec. 8028.  For the purposes of this Act, the term ``congressional 
defense committees'' means the Armed Services Committee of the House of 
Representatives, the Armed Services Committee of the Senate, the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate, and the Subcommittee on Defense of the Committee on 
Appropriations of the House of Representatives.
    Sec. 8029.  During the current fiscal year, the Department of 
Defense may acquire the modification, depot maintenance and repair of 
aircraft, vehicles and vessels as well as the production of components 
and other Defense-related articles, through competition between 
Department of Defense depot maintenance activities and private firms: 
Provided, That the Senior Acquisition Executive of the military 
department or Defense Agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of all direct 
and indirect costs for both public and private bids: Provided further, 
That Office of Management and Budget Circular A-76 shall not apply to 
competitions conducted under this section.
    Sec. 8030. (a)(1) If the Secretary of Defense, after consultation 
with the United States Trade Representative, determines that a foreign 
country which is party to an agreement described in paragraph (2) has 
violated the terms of the agreement by discriminating against certain 
types of products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the Secretary's 
blanket waiver of the Buy American Act with respect to such types of 
products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the United 
States and a foreign country pursuant to which the Secretary of Defense 
has prospectively waived the Buy American Act for certain products in 
that country.
    (b) The Secretary of Defense shall submit to the Congress a report 
on the amount of Department of Defense purchases from foreign entities 
in fiscal year 2010. Such report shall separately indicate the dollar 
value of items for which the Buy American Act was waived pursuant to 
any agreement described in subsection (a)(2), the Trade Agreement Act 
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to 
which the United States is a party.
    (c) For purposes of this section, the term ``Buy American Act'' 
means title III of the Act entitled ``An Act making appropriations for 
the Treasury and Post Office Departments for the fiscal year ending 
June 30, 1934, and for other purposes'', approved March 3, 1933 (41 
U.S.C. 10a et seq.).
    Sec. 8031.  During the current fiscal year, amounts contained in 
the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 
note) shall be available until expended for the payments specified by 
section 2921(c)(2) of that Act.
    Sec. 8032. (a) Notwithstanding any other provision of law, the 
Secretary of the Air Force may convey at no cost to the Air Force, 
without consideration, to Indian tribes located in the States of 
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, and 
Minnesota relocatable military housing units located at Grand Forks Air 
Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, 
Ellsworth Air Force Base, and Minot Air Force Base that are excess to 
the needs of the Air Force.
    (b) The Secretary of the Air Force shall convey, at no cost to the 
Air Force, military housing units under subsection (a) in accordance 
with the request for such units that are submitted to the Secretary by 
the Operation Walking Shield Program on behalf of Indian tribes located 
in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, 
Oregon, and Minnesota.
    (c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the Air 
Force under subsection (b).
    (d) In this section, the term ``Indian tribe'' means any recognized 
Indian tribe included on the current list published by the Secretary of 
the Interior under section 104 of the Federally Recognized Indian Tribe 
Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8033.  During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment item 
unit cost of not more than $250,000.
    Sec. 8034. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense Working 
Capital Funds shall be used for the purchase of an investment item for 
the purpose of acquiring a new inventory item for sale or anticipated 
sale during the current fiscal year or a subsequent fiscal year to 
customers of the Department of Defense Working Capital Funds if such an 
item would not have been chargeable to the Department of Defense 
Business Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current fiscal 
year to appropriations made to the Department of Defense for 
procurement.
    (b) The fiscal year 2011 budget request for the Department of 
Defense as well as all justification material and other documentation 
supporting the fiscal year 2011 Department of Defense budget shall be 
prepared and submitted to the Congress on the basis that any equipment 
which was classified as an end item and funded in a procurement 
appropriation contained in this Act shall be budgeted for in a proposed 
fiscal year 2011 procurement appropriation and not in the supply 
management business area or any other area or category of the 
Department of Defense Working Capital Funds.
    Sec. 8035.  None of the funds appropriated by this Act for programs 
of the Central Intelligence Agency shall remain available for 
obligation beyond the current fiscal year, except for funds 
appropriated for the Reserve for Contingencies, which shall remain 
available until September 30, 2011: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior or 
subsequent fiscal year shall remain available until expended: Provided 
further, That any funds appropriated or transferred to the Central 
Intelligence Agency for advanced research and development acquisition, 
for agent operations, and for covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2011.
    Sec. 8036.  Notwithstanding any other provision of law, funds made 
available in this Act for the Defense Intelligence Agency may be used 
for the design, development, and deployment of General Defense 
Intelligence Program intelligence communications and intelligence 
information systems for the Services, the Unified and Specified 
Commands, and the component commands.
    Sec. 8037.  Of the funds appropriated to the Department of Defense 
under the heading ``Operation and Maintenance, Defense-Wide'', not less 
than $12,000,000 shall be made available only for the mitigation of 
environmental impacts, including training and technical assistance to 
tribes, related administrative support, the gathering of information, 
documenting of environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of Defense 
activities.
    Sec. 8038. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, 
in expending the funds, complies with the Buy American Act. For 
purposes of this subsection, the term ``Buy American Act'' means title 
III of the Act entitled ``An Act making appropriations for the Treasury 
and Post Office Departments for the fiscal year ending June 30, 1934, 
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.
    Sec. 8039.  None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the 
procurement determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant scientific or 
        technological promise, represents the product of original 
        thinking, and was submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support: Provided, That this 
        limitation shall not apply to contracts in an amount of less 
        than $25,000, contracts related to improvements of equipment 
        that is in development or production, or contracts as to which 
        a civilian official of the Department of Defense, who has been 
        confirmed by the Senate, determines that the award of such 
        contract is in the interest of the national defense.
    Sec. 8040. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.
    (b) The Secretary of Defense or Secretary of a military department 
may waive the limitations in subsection (a), on a case-by-case basis, 
if the Secretary determines, and certifies to the Committees on 
Appropriations of the House of Representatives and Senate that the 
granting of the waiver will reduce the personnel requirements or the 
financial requirements of the department.
    (c) This section does not apply to--
            (1) field operating agencies funded within the National 
        Intelligence Program; or
            (2) an Army field operating agency established to 
        eliminate, mitigate, or counter the effects of improvised 
        explosive devices, and, as determined by the Secretary of the 
        Army, other similar threats.
    Sec. 8041.  The Secretary of Defense, notwithstanding any other 
provision of law, acting through the Office of Economic Adjustment of 
the Department of Defense, may use funds made available in this Act 
under the heading ``Operation and Maintenance, Defense-Wide'' to make 
grants and supplement other Federal funds in accordance with the 
guidance provided in the explanatory statement regarding this Act.

                             (rescissions)

    Sec. 8042.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts:
            ``Research, Development, Test and Evaluation, Navy, 2009/
        2010'', $20,000,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2009/2010'', $98,430,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2009/2010'', $154,457,000;
            ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
        2009/2011'', $41,087,000;
            ``Other Procurement, Army, 2009/2011'', $138,239,000;
            ``Other Procurement, Navy, 2009/2011'', $84,844,000;
            ``Aircraft Procurement, Air Force, 2009/2011'', 
        $628,900,000;
            ``Missile Procurement, Air Force, 2009/2011'', $60,000,000;
            ``Other Procurement, Air Force, 2009/2011'', $10,900,000;
            ``Procurement, Defense-Wide, 2009/2011'', $5,200,000; and
            ``Procurement, Defense-Wide, 2008/2010'', $2,000,000.
    Sec. 8043.  None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, Air National Guard, Army Reserve and Air Force 
Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8044.  None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of Korea unless specifically 
appropriated for that purpose.
    Sec. 8045.  Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Intelligence Program and the Military Intelligence Program: Provided, 
That nothing in this section authorizes deviation from established 
Reserve and National Guard personnel and training procedures.
    Sec. 8046.  During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical and 
medical support personnel assigned to military treatment facilities 
below the September 30, 2003, level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
congressional defense committees that the beneficiary population is 
declining in some catchment areas and civilian strength reductions may 
be consistent with responsible resource stewardship and capitation-
based budgeting.
    Sec. 8047. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.
    Sec. 8048.  None of the funds appropriated by this Act may be used 
for the procurement of ball and roller bearings other than those 
produced by a domestic source and of domestic origin: Provided, That 
the Secretary of the military department responsible for such 
procurement may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, That this 
restriction shall not apply to the purchase of ``commercial items'', as 
defined by section 4(12) of the Office of Federal Procurement Policy 
Act, except that the restriction shall apply to ball or roller bearings 
purchased as end items.
    Sec. 8049.  None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8050.  None of the funds made available in this or any other 
Act may be used to pay the salary of any officer or employee of the 
Department of Defense who approves or implements the transfer of 
administrative responsibilities or budgetary resources of any program, 
project, or activity financed by this Act to the jurisdiction of 
another Federal agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall not 
apply to transfers of funds expressly provided for in Defense 
Appropriations Acts, or provisions of Acts providing supplemental 
appropriations for the Department of Defense.
    Sec. 8051. (a) Notwithstanding any other provision of law, none of 
the funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on Foreign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate are notified 15 days in 
advance of such transfer.
    (b) This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) A notice under subsection (a) shall include the following--
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
    Sec. 8052.  None of the funds available to the Department of 
Defense under this Act shall be obligated or expended to pay a 
contractor under a contract with the Department of Defense for costs of 
any amount paid by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.

                     (including transfer of funds)

    Sec. 8053.  During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' may be transferred to 
appropriations available for the pay of military personnel, to be 
merged with, and to be available for the same time period as the 
appropriations to which transferred, to be used in support of such 
personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense pursuant 
to section 2012 of title 10, United States Code.
    Sec. 8054.  During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.
    Sec. 8055. (a) In General.--Service as a member of the Alaska 
Territorial Guard during World War II of any individual who was 
honorably discharged therefrom under section 8147 of the Department of 
Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 705) 
shall be treated as active service for purposes of the computation 
under chapter 61, 71, 371, 571, 871, or 1223 of title 10, United States 
Code, as applicable, of the retired pay to which such individual may be 
entitled under title 10, United States Code.
    (b) Applicability.--Subsection (a) shall apply with respect to 
amounts of retired pay payable under title 10, United States Code, for 
months beginning on or after the date of the enactment of this Act. No 
retired pay shall be paid to any individual by reason of subsection (a) 
for any period before that date.
    (c) World War II Defined.--In this section, the term ``World War 
II'' has the meaning given that term in section 101(8) of title 38, 
United States Code.
    Sec. 8056. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8057.  Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, 
regional or municipal services, if provisions are included for the 
consideration of United States coal as an energy source.
    Sec. 8058.  None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Intelligence 
Program: Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.
    Sec. 8059.  None of the funds made available in this Act may be 
used to approve or license the sale of the F-22A advanced tactical 
fighter to any foreign government: Provided, That the Department of 
Defense may conduct or participate in studies, research, design and 
other activities to define and develop a future export version of the 
F-22A that protects classified and sensitive information, technologies 
and U.S. warfighting capabilities.
    Sec. 8060. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason 
        other than the application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 
8109, 8211, 8215, and 9404.
    Sec. 8061. (a) None of the funds made available by this Act may be 
used to support any training program involving a unit of the security 
forces of a foreign country if the Secretary of Defense has received 
credible information from the Department of State that the unit has 
committed a gross violation of human rights, unless all necessary 
corrective steps have been taken.
    (b) The Secretary of Defense, in consultation with the Secretary of 
State, shall ensure that prior to a decision to conduct any training 
program referred to in subsection (a), full consideration is given to 
all credible information available to the Department of State relating 
to human rights violations by foreign security forces.
    (c) The Secretary of Defense, after consultation with the Secretary 
of State, may waive the prohibition in subsection (a) if he determines 
that such waiver is required by extraordinary circumstances.
    (d) Not more than 15 days after the exercise of any waiver under 
subsection (c), the Secretary of Defense shall submit a report to the 
congressional defense committees describing the extraordinary 
circumstances, the purpose and duration of the training program, the 
United States forces and the foreign security forces involved in the 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8062.  None of the funds appropriated or made available in 
this Act to the Department of the Navy shall be used to develop, lease 
or procure the T-AKE class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire 
capability for national security purposes or there exists a significant 
cost or quality difference.
    Sec. 8063.  None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8064.  Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any new start advanced concept 
technology demonstration project or joint capability demonstration 
project may only be obligated 30 days after a report, including a 
description of the project, the planned acquisition and transition 
strategy and its estimated annual and total cost, has been provided in 
writing to the congressional defense committees: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-case basis 
by certifying to the congressional defense committees that it is in the 
national interest to do so.
    Sec. 8065.  The Secretary of Defense shall provide a classified 
quarterly report beginning 30 days after enactment of this Act, to the 
House and Senate Appropriations Committees, Subcommittees on Defense on 
certain matters as directed in the classified annex accompanying this 
Act.
    Sec. 8066.  During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority: Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8067.  Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard serving on 
full-time National Guard duty under section 502(f) of title 32, United 
States Code, may perform duties in support of the ground-based elements 
of the National Ballistic Missile Defense System.
    Sec. 8068.  None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8069.  Notwithstanding any other provision of law, the Chief 
of the National Guard Bureau, or his designee, may waive payment of all 
or part of the consideration that otherwise would be required under 
section 2667 of title 10, United States Code, in the case of a lease of 
personal property for a period not in excess of 1 year to any 
organization specified in section 508(d) of title 32, United States 
Code, or any other youth, social, or fraternal nonprofit organization 
as may be approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8070.  None of the funds appropriated by this Act shall be 
used for the support of any nonappropriated funds activity of the 
Department of Defense that procures malt beverages and wine with 
nonappropriated funds for resale (including such alcoholic beverages 
sold by the drink) on a military installation located in the United 
States unless such malt beverages and wine are procured within that 
State, or in the case of the District of Columbia, within the District 
of Columbia, in which the military installation is located: Provided, 
That in a case in which the military installation is located in more 
than one State, purchases may be made in any State in which the 
installation is located: Provided further, That such local procurement 
requirements for malt beverages and wine shall apply to all alcoholic 
beverages only for military installations in States which are not 
contiguous with another State: Provided further, That alcoholic 
beverages other than wine and malt beverages, in contiguous States and 
the District of Columbia shall be procured from the most competitive 
source, price and other factors considered.
    Sec. 8071.  Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite and ground 
control segments of such system's modernization program.

                     (including transfer of funds)

    Sec. 8072.  Of the amounts appropriated in this Act under the 
heading ``Operation and Maintenance, Army'', $106,754,000 shall remain 
available until expended: Provided, That notwithstanding any other 
provision of law, the Secretary of Defense is authorized to transfer 
such funds to other activities of the Federal Government: Provided 
further, That the Secretary of Defense is authorized to enter into and 
carry out contracts for the acquisition of real property, construction, 
personal services, and operations related to projects carrying out the 
purposes of this section: Provided further, That contracts entered into 
under the authority of this section may provide for such 
indemnification as the Secretary determines to be necessary: Provided 
further, That projects authorized by this section shall comply with 
applicable Federal, State, and local law to the maximum extent 
consistent with the national security, as determined by the Secretary 
of Defense.
    Sec. 8073.  Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 
113 note) shall continue in effect to apply to disbursements that are 
made by the Department of Defense in fiscal year 2010.
    Sec. 8074.  In addition to amounts provided elsewhere in this Act, 
$3,750,000 is hereby appropriated to the Department of Defense, to 
remain available for obligation until expended: Provided, That 
notwithstanding any other provision of law, these funds shall be 
available only for a grant to the Fisher House Foundation, Inc., only 
for the construction and furnishing of additional Fisher Houses to meet 
the needs of military family members when confronted with the illness 
or hospitalization of an eligible military beneficiary.

                     (including transfer of funds)

    Sec. 8075.  Of the amounts appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Defense-Wide'', 
$202,434,000 shall be for the Israeli Cooperative Programs: Provided, 
That of this amount, $80,092,000 shall be for the Short Range Ballistic 
Missile Defense (SRBMD) program, including cruise missile defense 
research and development under the SRBMD program, $50,036,000 shall be 
available for an upper-tier component to the Israeli Missile Defense 
Architecture, and $72,306,000 shall be for the Arrow Missile Defense 
Program, of which $25,000,000 shall be for producing Arrow missile 
components in the United States and Arrow missile components in Israel 
to meet Israel's defense requirements, consistent with each nation's 
laws, regulations and procedures: Provided further, That funds made 
available under this provision for production of missiles and missile 
components may be transferred to appropriations available for the 
procurement of weapons and equipment, to be merged with and to be 
available for the same time period and the same purposes as the 
appropriation to which transferred: Provided further, That the transfer 
authority provided under this provision is in addition to any other 
transfer authority contained in this Act.

                     (including transfer of funds)

    Sec. 8076.  Of the amounts appropriated in this Act under the 
heading ``Shipbuilding and Conversion, Navy'', $144,950,000 shall be 
available until September 30, 2010, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of the Navy shall transfer such funds to the following 
appropriations in the amounts specified: Provided further, That the 
amounts transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:
            To:
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2004/2010'':
                            New SSN, $26,906,000; and
                            LPD-17 Amphibious Transport Dock Program, 
                        $16,844,000.
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2005/2010'':
                            New SSN, $18,702,000; and
                            LPD-17 Amphibious Transport Dock Program, 
                        $16,498,000.
                    Under the heading ``Shipbuilding and Conversion, 
                Navy, 2008/2012'':
                            LPD-17 Amphibious Transport Dock Program, 
                        $66,000,000.
    Sec. 8077.  None of the funds available to the Department of 
Defense may be obligated to modify command and control relationships to 
give Fleet Forces Command administrative and operational control of 
U.S. Navy forces assigned to the Pacific fleet: Provided, That the 
command and control relationships which existed on October 1, 2004, 
shall remain in force unless changes are specifically authorized in a 
subsequent Act.
    Sec. 8078.  Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the provisions of 
section 7403(g) of title 38, United States Code, for occupations listed 
in section 7403(a)(2) of title 38, United States Code, as well as the 
following:
            Pharmacists, Audiologists, Psychologists, Social Workers, 
        Othotists/Prosthetists, Occupational Therapists, Physical 
        Therapists, Rehabilitation Therapists, Respiratory Therapists, 
        Speech Pathologists, Dietitian/Nutritionists, Industrial 
        Hygienists, Psychology Technicians, Social Service Assistants, 
        Practical Nurses, Nursing Assistants, and Dental Hygienists:
                    (A) The requirements of section 7403(g)(1)(A) of 
                title 38, United States Code, shall apply.
                    (B) The limitations of section 7403(g)(1)(B) of 
                title 38, United States Code, shall not apply.
    Sec. 8079.  Funds appropriated by this Act, or made available by 
the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504 of the National Security Act of 1947 (50 U.S.C. 414) during 
fiscal year 2010 until the enactment of the Intelligence Authorization 
Act for Fiscal Year 2010.
    Sec. 8080.  None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming of 
funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken 
immediately in the interest of national security and only after written 
prior notification to the congressional defense committees.
    Sec. 8081.  In addition to funds made available elsewhere in this 
Act, $5,500,000 is hereby appropriated and shall remain available until 
expended to provide assistance, by grant or otherwise (such as the 
provision of funds for information technology and textbook purchases, 
professional development for educators, and student transition support) 
to public schools in states that are considered overseas assignments 
with unusually high concentrations of special needs military dependents 
enrolled: Provided, That up to 2 percent of the total appropriated 
funds under this section shall be available for the administration and 
execution of the programs and/or events that promote the purpose of 
this appropriation: Provided further, That up to 5 percent of the total 
appropriated funds under this section shall be available to public 
schools that have entered into a military partnership: Provided 
further, That $1,000,000 shall be available for a nonprofit trust fund 
to assist in the public-private funding of public school repair and 
maintenance projects: Provided further, That $500,000 shall be 
available to fund an ongoing special education support program in 
public schools with unusually high concentrations of active duty 
military dependents enrolled: Provided further, That to the extent a 
Federal agency provides this assistance by contract, grant, or 
otherwise, it may accept and expend non-Federal funds in combination 
with these Federal funds to provide assistance for the authorized 
purpose.
    Sec. 8082. (a) In addition to the amounts provided elsewhere in 
this Act, $3,000,000 is hereby appropriated to the Department of 
Defense for ``Operation and Maintenance, Army National Guard''. Such 
amount shall be made available to the Secretary of the Army only to 
make a grant in the amount of $3,000,000 to the entity specified in 
subsection (b) to facilitate access by veterans to opportunities for 
skilled employment in the construction industry.
    (b) The entity referred to in subsection (a) is the Center for 
Military Recruitment, Assessment and Veterans Employment, a nonprofit 
labor-management cooperation committee provided for by section 
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C. 
186(c)(9)), for the purposes set forth in section 6(b) of the Labor 
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
    Sec. 8083.  The budget of the President for fiscal year 2011 
submitted to the Congress pursuant to section 1105 of title 31, United 
States Code, shall include separate budget justification documents for 
costs of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Operation and 
Maintenance accounts, and the Procurement accounts: Provided, That 
these documents shall include a description of the funding requested 
for each contingency operation, for each military service, to include 
all Active and Reserve components, and for each appropriations account: 
Provided further, That these documents shall include estimated costs 
for each element of expense or object class, a reconciliation of 
increases and decreases for each contingency operation, and 
programmatic data including, but not limited to, troop strength for 
each Active and Reserve component, and estimates of the major weapons 
systems deployed in support of each contingency: Provided further, That 
these documents shall include budget exhibits OP-5 and OP-32 (as 
defined in the Department of Defense Financial Management Regulation) 
for all contingency operations for the budget year and the two 
preceding fiscal years.
    Sec. 8084.  None of the funds in this Act may be used for research, 
development, test, evaluation, procurement or deployment of nuclear 
armed interceptors of a missile defense system.
    Sec. 8085.  In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $110,640,000 is hereby 
appropriated to the Department of Defense: Provided, That the Secretary 
of Defense shall make grants in the amounts specified as follows: 
$15,000,000 to the United Service Organizations; $22,500,000 to the Red 
Cross; $6,000,000 to the SOAR Virtual School District; $5,000,000 to 
The Presidio Heritage Center; $5,000,000 to the Paralympics Military 
Program; $3,840,000 to the Arrest Deterioration of Ford Island Aviation 
Control Tower, Pearl Harbor, Hawaii; $1,500,000 to the Go For Broke 
program; $800,000 to Our Military Kids; $3,000,000 to the New Jersey 
Technology Center; $1,600,000 to the Women in Military Service for 
America Memorial; $500,000 to the Marshall Legacy Institute; $1,000,000 
to the Vietnam Veterans Memorial Fund for Demining Activities; 
$18,900,000 to the Edward M. Kennedy Institute for the Senate; 
$5,000,000 to the U.S.S. Missouri Memorial Association; $20,000,000 to 
the National World War II Museum; and $1,000,000 for the Riverside 
General Hospital in Houston, Texas, for the treatment of psychological 
health issues.
    Sec. 8086.  None of the funds appropriated or made available in 
this Act shall be used to reduce or disestablish the operation of the 
53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act: Provided, That the Air Force shall allow the 
53rd Weather Reconnaissance Squadron to perform other missions in 
support of national defense requirements during the non-hurricane 
season.
    Sec. 8087.  None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during the 
conduct of authorized foreign intelligence activities: Provided, That 
information pertaining to United States persons shall only be handled 
in accordance with protections provided in the Fourth Amendment of the 
United States Constitution as implemented through Executive Order No. 
12333.
    Sec. 8088. (a) At the time members of reserve components of the 
Armed Forces are called or ordered to active duty under section 
12302(a) of title 10, United States Code, each member shall be notified 
in writing of the expected period during which the member will be 
mobilized.
    (b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that it is 
necessary to do so to respond to a national security emergency or to 
meet dire operational requirements of the Armed Forces.

                     (including transfer of funds)

    Sec. 8089.  The Secretary of Defense may transfer funds from any 
available Department of the Navy appropriation to any available Navy 
ship construction appropriation for the purpose of liquidating 
necessary changes resulting from inflation, market fluctuations, or 
rate adjustments for any ship construction program appropriated in law: 
Provided, That the Secretary may transfer not to exceed $100,000,000 
under the authority provided by this section: Provided further, That 
the Secretary may not transfer any funds until 30 days after the 
proposed transfer has been reported to the Committees on Appropriations 
of the House of Representatives and the Senate, unless a response from 
the Committees is received sooner: Provided further, That the transfer 
authority provided by this section is in addition to any other transfer 
authority contained elsewhere in this Act.
    Sec. 8090.  For purposes of section 612 of title 41, United States 
Code, any subdivision of appropriations made under the heading 
``Shipbuilding and Conversion, Navy'' that is not closed at the time 
reimbursement is made shall be available to reimburse the Judgment Fund 
and shall be considered for the same purposes as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in the 
current fiscal year or any prior fiscal year.
    Sec. 8091. (a) None of the funds appropriated by this Act may be 
used to transfer research and development, acquisition, or other 
program authority relating to current tactical unmanned aerial vehicles 
(TUAVs) from the Army.
    (b) The Army shall retain responsibility for and operational 
control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV) in order 
to support the Secretary of Defense in matters relating to the 
employment of unmanned aerial vehicles.
    Sec. 8092.  Of the funds provided in this Act, $10,000,000 shall be 
available for the operations and development of training and technology 
for the Joint Interagency Training and Education Center and the 
affiliated Center for National Response at the Memorial Tunnel and for 
providing homeland defense/security and traditional warfighting 
training to the Department of Defense, other Federal agencies, and 
State and local first responder personnel at the Joint Interagency 
Training and Education Center.
    Sec. 8093.  Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for civilian 
employees hired for certain health care occupations as authorized for 
the Secretary of Veterans Affairs by section 7455 of title 38, United 
States Code.
    Sec. 8094.  Up to $16,000,000 of the funds appropriated under the 
heading ``Operation and Maintenance, Navy'' may be made available for 
the Asia Pacific Regional Initiative Program for the purpose of 
enabling the Pacific Command to execute Theater Security Cooperation 
activities such as humanitarian assistance, and payment of incremental 
and personnel costs of training and exercising with foreign security 
forces: Provided, That funds made available for this purpose may be 
used, notwithstanding any other funding authorities for humanitarian 
assistance, security assistance or combined exercise expenses: Provided 
further, That funds may not be obligated to provide assistance to any 
foreign country that is otherwise prohibited from receiving such type 
of assistance under any other provision of law.
    Sec. 8095.  None of the funds appropriated by this Act for programs 
of the Office of the Director of National Intelligence shall remain 
available for obligation beyond the current fiscal year, except for 
funds appropriated for research and technology, which shall remain 
available until September 30, 2011.
    Sec. 8096.  For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered 
to be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior 
fiscal year, and the 1 percent limitation shall apply to the total 
amount of the appropriation.
    Sec. 8097.  Notwithstanding any other provision of this Act, to 
reflect savings from revised economic assumptions, the total amount 
appropriated in title II of this Act is hereby reduced by $194,000,000, 
the total amount appropriated in title III of this Act is hereby 
reduced by $322,000,000, the total amount appropriated in title IV of 
this Act is hereby reduced by $336,000,000, and the total amount 
appropriated in title V of this Act is hereby reduced by $9,000,000: 
Provided, That the Secretary of Defense shall allocate this reduction 
proportionally to each budget activity, activity group, subactivity 
group, and each program, project, and activity, within each 
appropriation account.
    Sec. 8098.  Notwithstanding any other provision of law, that not 
more than 35 percent of funds provided in this Act for environmental 
remediation may be obligated under indefinite delivery/indefinite 
quantity contracts with a total contract value of $130,000,000 or 
higher.
    Sec. 8099.  The Secretary of Defense shall create a major force 
program category for space for the Future Years Defense Program of the 
Department of Defense. The Secretary of Defense shall designate an 
official in the Office of the Secretary of Defense to provide overall 
supervision of the preparation and justification of program 
recommendations and budget proposals to be included in such major force 
program category.
    Sec. 8100.  The Director of National Intelligence shall include the 
budget exhibits identified in paragraphs (1) and (2) as described in 
the Department of Defense Financial Management Regulation with the 
congressional budget justification books.
            (1) For procurement programs requesting more than 
        $20,000,000 in any fiscal year, the P-1, Procurement Program; 
        P-5, Cost Analysis; P-5a, Procurement History and Planning; P-
        21, Production Schedule; and P-40, Budget Item Justification.
            (2) For research, development, test and evaluation projects 
        requesting more than $10,000,000 in any fiscal year, the R-1, 
        RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, RDT&E 
        Project Cost Analysis; and R-4, RDT&E Program Schedule Profile.
    Sec. 8101.  Notwithstanding any other provision of law, none of the 
funds made available in this Act may be used to pay negotiated indirect 
cost rates on a contract, grant, or cooperative agreement (or similar 
arrangement) entered into by the Department of Defense and an entity in 
excess of 35 percent of the total cost of the contract, grant, or 
agreement (or similar arrangement): Provided, That this limitation 
shall apply only to contracts, grants, or cooperative agreements 
entered into after the date of enactment of this Act using funds made 
available in this Act for basic research.
    Sec. 8102.  The Secretary of Defense shall maintain on the homepage 
of the Internet website of the Department of Defense a direct link to 
the Internet website of the Office of Inspector General of the 
Department of Defense.
    Sec. 8103. (a) Not later than 60 days after enactment of this Act, 
the Office of the Director of National Intelligence shall submit a 
report to the congressional intelligence committees to establish the 
baseline for application of reprogramming and transfer authorities for 
fiscal year 2010: Provided, That the report shall include--
            (1) a table for each appropriation with a separate column 
        to display the President's budget request, adjustments made by 
        Congress, adjustments due to enacted rescissions, if 
        appropriate, and the fiscal year enacted level;
            (2) a delineation in the table for each appropriation by 
        Expenditure Center and project; and
            (3) an identification of items of special congressional 
        interest.
    (b) None of the funds provided for the National Intelligence 
Program in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional intelligence committees, unless the Director of National 
Intelligence certifies in writing to the congressional intelligence 
committees that such reprogramming or transfer is necessary as an 
emergency requirement.
    Sec. 8104.  The Director of National Intelligence shall submit to 
Congress each year, at or about the time that the President's budget is 
submitted to Congress that year under section 1105(a) of title 31, 
United States Code, a future-years intelligence program (including 
associated annexes) reflecting the estimated expenditures and proposed 
appropriations included in that budget. Any such future-years 
intelligence program shall cover the fiscal year with respect to which 
the budget is submitted and at least the four succeeding fiscal years.
    Sec. 8105.  For the purposes of this Act, the term ``congressional 
intelligence committees'' means the Permanent Select Committee on 
Intelligence of the House of Representatives, the Select Committee on 
Intelligence of the Senate, the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives, and the 
Subcommittee on Defense of the Committee on Appropriations of the 
Senate.
    Sec. 8106.  The Department of Defense shall continue to report 
incremental contingency operations costs for Operation Iraqi Freedom 
and Operation Enduring Freedom on a monthly basis in the Cost of War 
Execution Report as prescribed in the Department of Defense Financial 
Management Regulation Department of Defense Instruction 7000.14, Volume 
12, Chapter 23 ``Contingency Operations'', Annex 1, dated September 
2005.
    Sec. 8107.  The amounts appropriated in title II of this Act are 
hereby reduced by $400,000,000 to reflect excess cash balances in 
Department of Defense Working Capital Funds, as follows:
            (1) From ``Operation and Maintenance, Army'', $150,000,000; 
        and
            (2) From ``Operation and Maintenance, Air Force'', 
        $250,000,000.

                     (including transfer of funds)

    Sec. 8108. (a) Continuation of Stop-Loss Special Pay.--Funds 
appropriated by this Act, or made available by the transfer of funds in 
this Act, shall be made available to the Secretaries of the military 
departments only to provide special pay during fiscal year 2010 to 
members of the Army, Navy, Air Force, and Marine Corps, including 
members of their reserve components, who, at any time during fiscal 
year 2010, serve on active duty while the members' enlistment or period 
of obligated service is extended, or whose eligibility for retirement 
is suspended, pursuant to section 123 or 12305 of title 10, United 
States Code, or any other provision of law (commonly referred to as a 
``stop-loss authority'') authorizing the President to extend an 
enlistment or period of obligated service, or suspend an eligibility 
for retirement, of a member of the uniformed services in time of war or 
of national emergency declared by Congress or the President.
    (b) Special Pay Amount.--The amount of the special pay paid under 
subsection (a) to or on behalf of an eligible member shall be $500 per 
month for each month or portion of a month during fiscal year 2010 that 
the member is retained on active duty as a result of application of the 
stop-loss authority.
    (c) Treatment of Deceased Members.--If an eligible member described 
in subsection (a) dies before the payment required by this section is 
made, the Secretary of the military department concerned shall make the 
payment in accordance with section 2771 of title 10, United States 
Code.
    (d) Clarification of Retroactive Stop-Loss Special Pay Authority.--
Section 310 of the Supplemental Appropriations Act, 2009 (Public Law 
111-32; 123 Stat. 1870) is amended by adding at the end the following 
new subsection:
    ``(i) Effect of Subsequent Reenlistment of Voluntary Extension of 
Service.--Members of the Armed Forces, retired members, and former 
members otherwise described in subsection (a) are not eligible for a 
payment under this section if the members--
            ``(1) voluntarily reenlisted or extended their service 
        after their enlistment or period of obligated service was 
        extended, or after their eligibility for retirement was 
        suspended, pursuant to a stop-loss authority; and
            ``(2) received a bonus for such reenlistment or extension 
        of service.''.

                     (including transfer of funds)

    Sec. 8109.  During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of this 
Act for ``Operation and Maintenance, Army'', ``Operation and 
Maintenance, Navy'', and ``Operation and Maintenance, Air Force'' may 
be transferred by the military department concerned to its central fund 
established for Fisher Houses and Suites pursuant to section 2493(d) of 
title 10, United States Code.

                     (including transfer of funds)

    Sec. 8110.  Of the funds appropriated in the Intelligence Community 
Management Account for the Program Manager for the Information Sharing 
Environment, $24,000,000 is available for transfer by the Director of 
National Intelligence to other departments and agencies for purposes of 
Government-wide information sharing activities: Provided, That funds 
transferred under this provision are to be merged with and available 
for the same purposes and time period as the appropriation to which 
transferred: Provided further, That the Office of Management and Budget 
must approve any transfers made under this provision.
    Sec. 8111.  Funds appropriated by this Act for operation and 
maintenance may be available for the purpose of making remittances to 
the Defense Acquisition Workforce Development Fund in accordance with 
the requirements of section 1705 of title 10, United States Code.
    Sec. 8112. (a) High Priority National Guard Counterdrug Programs.--
Of the amount appropriated or otherwise made available by title VI 
under the heading ``Drug Interdiction and Counter-Drug Activities, 
Defense'', up to $15,000,000 shall be available for the purpose of High 
Priority National Guard Counterdrug Programs.
    (b) Supplement Not Supplant.--The amount made available by 
subsection (a) for the purpose specified in that subsection is in 
addition to any other amounts made available by this Act for that 
purpose.

             apology to native peoples of the united states

    Sec. 8113. (a) Acknowledgment and Apology.--The United States, 
acting through Congress--
            (1) recognizes the special legal and political relationship 
        Indian tribes have with the United States and the solemn 
        covenant with the land we share;
            (2) commends and honors Native Peoples for the thousands of 
        years that they have stewarded and protected this land;
            (3) recognizes that there have been years of official 
        depredations, ill-conceived policies, and the breaking of 
        covenants by the Federal Government regarding Indian tribes;
            (4) apologizes on behalf of the people of the United States 
        to all Native Peoples for the many instances of violence, 
        maltreatment, and neglect inflicted on Native Peoples by 
        citizens of the United States;
            (5) expresses its regret for the ramifications of former 
        wrongs and its commitment to build on the positive 
        relationships of the past and present to move toward a brighter 
        future where all the people of this land live reconciled as 
        brothers and sisters, and harmoniously steward and protect this 
        land together;
            (6) urges the President to acknowledge the wrongs of the 
        United States against Indian tribes in the history of the 
        United States in order to bring healing to this land; and
            (7) commends the State governments that have begun 
        reconciliation efforts with recognized Indian tribes located in 
        their boundaries and encourages all State governments similarly 
        to work toward reconciling relationships with Indian tribes 
        within their boundaries.
    (b) Disclaimer.--Nothing in this section--
            (1) authorizes or supports any claim against the United 
        States; or
            (2) serves as a settlement of any claim against the United 
        States.
    Sec. 8114. (a) Any agency receiving funds made available in this 
Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by the 
Congress in this or any other Act, upon the determination by the head 
of the agency that it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
            (1) the public posting of the report compromises national 
        security; or
            (2) the report contains proprietary information.
    (c) The head of the agency posting such report shall do so only 
after such report has been made available to the requesting Committee 
or Committees of Congress for no less than 45 days.
    Sec. 8115. (a) It is the sense of Congress that--
            (1) All of the National Nuclear Security Administration 
        sites, including the Nevada Test Site can play an effective and 
        essential role in developing and demonstrating--
                    (A) innovative and effective methods for treaty 
                verification and the detection of nuclear weapons and 
                other materials; and
                    (B) related threat reduction technologies; and
            (2) the Administrator for Nuclear Security should expand 
        the mission of the Nevada Test Site to carry out the role 
        described in paragraph (1), including by--
                    (A) fully utilizing the inherent capabilities and 
                uniquely secure location of the Site;
                    (B) continuing to support the Nation's nuclear 
                weapons program and other national security programs; 
                and
                    (C) renaming the Site to reflect the expanded 
                mission of the Site.
    (b) Not later than one year after the date of the enactment of this 
Act, the Administrator for Nuclear Security shall submit to the 
congressional defense committees and the Subcommittees on Energy and 
Water Development of the Committees on Appropriations a plan for 
improving the infrastructure of the Nevada Test Site of the National 
Nuclear Security Administration and, if the Administrator deems 
appropriate, all other sites under the jurisdiction of the National 
Nuclear Security Administration--
            (1) to fulfill the expanded mission of the Site described 
        in subsection (a); and
            (2) to make the Site available to support the threat 
        reduction programs of the entire national security community, 
        including threat reduction programs of the National Nuclear 
        Security Administration, the Defense Threat Reduction Agency, 
        the Department of Homeland Security, and other agencies as 
        appropriate.
    Sec. 8116. (a) None of the funds appropriated or otherwise made 
available by this Act may be expended for any Federal contract for an 
amount in excess of $1,000,000 that is awarded more than 60 days after 
the effective date of this Act, unless the contractor agrees not to:
            (1) enter into any agreement with any of its employees or 
        independent contractors that requires, as a condition of 
        employment, that the employee or independent contractor agree 
        to resolve through arbitration any claim under title VII of the 
        Civil Rights Act of 1964 or any tort related to or arising out 
        of sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention; 
        or
            (2) take any action to enforce any provision of an existing 
        agreement with an employee or independent contractor that 
        mandates that the employee or independent contractor resolve 
        through arbitration any claim under title VII of the Civil 
        Rights Act of 1964 or any tort related to or arising out of 
        sexual assault or harassment, including assault and battery, 
        intentional infliction of emotional distress, false 
        imprisonment, or negligent hiring, supervision, or retention.
    (b) None of the funds appropriated or otherwise made available by 
this Act may be expended for any Federal contract awarded more than 180 
days after the effective date of this Act unless the contractor 
certifies that it requires each covered subcontractor to agree not to 
enter into, and not to take any action to enforce any provision of, any 
agreement as described in paragraphs (1) and (2) of subsection (a), 
with respect to any employee or independent contractor performing work 
related to such subcontract. For purposes of this subsection, a 
``covered subcontractor'' is an entity that has a subcontract in excess 
of $1,000,000 on a contract subject to subsection (a).
    (c) The prohibitions in this section do not apply with respect to a 
contractor's or subcontractor's agreements with employees or 
independent contractors that may not be enforced in a court of the 
United States.
    (d) The Secretary of Defense may waive the application of 
subsection (a) or (b) to a particular contractor or subcontractor for 
the purposes of a particular contract or subcontract if the Secretary 
or the Deputy Secretary personally determines that the waiver is 
necessary to avoid harm to national security interests of the United 
States, and that the term of the contract or subcontract is not longer 
than necessary to avoid such harm. The determination shall set forth 
with specificity the grounds for the waiver and for the contract or 
subcontract term selected, and shall state any alternatives considered 
in lieu of a waiver and the reasons each such alternative would not 
avoid harm to national security interests of the United States. The 
Secretary of Defense shall transmit to Congress, and simultaneously 
make public, any determination under this subsection not less than 15 
business days before the contract or subcontract addressed in the 
determination may be awarded.
    Sec. 8117. (a) Prohibition on Conversion of Functions Performed by 
Federal Employees to Contractor Performance.--None of the funds 
appropriated or otherwise made available by this Act, or that remain 
available for obligation for the Department of Defense from the 
Consolidated Security, Disaster Assistance, and Continuing 
Appropriations Act, 2009 (Public Law 110-329), the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5), and the Supplemental 
Appropriations Act, 2009 (Public Law 111-32), may be used to begin or 
announce the competition to award to a contractor or convert to 
performance by a contractor any functions performed by Federal 
employees pursuant to a study conducted under Office of Management and 
Budget (OMB) Circular A-76.
    (b) Exception.--The prohibition in subsection (a) shall not apply 
to the award of a function to a contractor or the conversion of a 
function to performance by a contractor pursuant to a study conducted 
under Office of Management and Budget (OMB) Circular A-76 once all 
reporting and certifications required by section 325 of the National 
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84) have 
been satisfactorily completed.
    Sec. 8118. (a)(1) No National Intelligence Program funds 
appropriated in this Act may be used for a mission critical or mission 
essential business management information technology system that is not 
registered with the Director of National Intelligence. A system shall 
be considered to be registered with that officer upon the furnishing 
notice of the system, together with such information concerning the 
system as the Director of the Business Transformation Office may 
prescribe.
    (2) During the current fiscal year no funds may be obligated or 
expended for a financial management automated information system, a 
mixed information system supporting financial and non-financial 
systems, or a business system improvement of more than $3,000,000, 
within the Intelligence Community without the approval of the Business 
Transformation Investment Review Board.
    (b) The Director of the Business Transformation Office shall 
provide the congressional intelligence committees a semi-annual report 
of approvals under paragraph (1) no later than March 30 and September 
30 of each year. The report shall include the results of the Business 
Transformation Investment Review Board's semi-annual activities, and 
each report shall certify that the following steps have been taken for 
systems approved under paragraph (1):
            (1) Business process reengineering.
            (2) An analysis of alternatives and an economic analysis 
        that includes a calculation of the return on investment.
            (3) Assurance the system is compatible with the enterprise-
        wide business architecture.
            (4) Performance measures.
            (5) An information assurance strategy consistent with the 
        Chief Information Officer of the Intelligence Community.
    (c) This section shall not apply to any programmatic or analytic 
systems or programmatic or analytic system improvements.

                     (including transfer of funds)

    Sec. 8119.  In addition to funds made available elsewhere in this 
Act, there is hereby appropriated $291,715,000, to remain available 
until transferred: Provided, That these funds are appropriated to the 
``Tanker Replacement Transfer Fund'' (referred to as ``the Fund'' 
elsewhere in this section): Provided further, That the Secretary of the 
Air Force may transfer amounts in the Fund to ``Operation and 
Maintenance, Air Force'', ``Aircraft Procurement, Air Force'', and 
``Research, Development, Test and Evaluation, Air Force'', only for the 
purposes of proceeding with a tanker acquisition program: Provided 
further, That funds transferred shall be merged with and be available 
for the same purposes and for the same time period as the 
appropriations or fund to which transferred: Provided further, That 
this transfer authority is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That the 
Secretary of the Air Force shall, not fewer than 15 days prior to 
making transfers using funds provided in this section, notify the 
congressional defense committees in writing of the details of any such 
transfer: Provided further, That the Secretary shall submit a report no 
later than 30 days after the end of each fiscal quarter to the 
congressional defense committees summarizing the details of the 
transfer of funds from this appropriation.
    Sec. 8120. (a) Resettlement Support and Other Public Benefits for 
Certain Iraqi Refugees.--Section 1244(g) of the Refugee Crisis in Iraq 
Act of 2007 (subtitle C of title XII of division A of Public Law 110-
181; 122 Stat. 398) is amended by striking ``for a period not to exceed 
eight months'' and inserting ``to the same extent, and for the same 
periods of time, as such refugees''.
    (b) Resettlement Support and Other Public Benefits for Certain 
Afghan Allies.--Section 602(b)(8) of the Afghan Allies Protection Act 
of 2009 (title VI of division F of Public Law 111-8; 123 Stat. 809) is 
amended by striking ``for a period not to exceed 8 months'' and 
inserting ``to the same extent, and for the same periods of time, as 
such refugees''.
    Sec. 8121. (a) Each congressionally directed spending item 
specified in this Act or the explanatory statement regarding this Act 
that is also identified in Senate Report 111-74 and intended for award 
to a for-profit entity shall be subject to acquisition regulations for 
full and open competition on the same basis as each spending item 
intended for a for-profit entity that is contained in the budget 
request of the President.
    (b) Exceptions.--Subsection (a) shall not apply to any contract 
awarded--
            (1) by a means that is required by Federal statute, 
        including for a purchase made under a mandated preferential 
        program;
            (2) pursuant to the Small Business Act (15 U.S.C. 631 et 
        seq.); or
            (3) in an amount less than the simplified acquisition 
        threshold described in section 302A(a) of the Federal Property 
        and Administrative Services Act of 1949 (41 U.S.C. 252a(a)).
    (c) Any congressionally directed spending item specified in this 
Act or the explanatory statement regarding this Act that is intended 
for award to a for-profit entity and is not covered by the competition 
requirement specified in subsection (a), shall be awarded under full 
and open competition, except that any contract previously awarded under 
full and open competition that remains in effect during fiscal year 
2010 shall be considered to have satisfied the conditions of full and 
open competition.
    (d) In this section, the term ``congressionally directed spending 
item'' means the following:
            (1) A congressionally directed spending item, as defined in 
        Rule XLIV of the Standing Rules of the Senate.
            (2) A congressional earmark for purposes of rule XXI of the 
        House of Representatives.
    Sec. 8122.  None of the funds appropriated or otherwise made 
available by this Act may be used to award to a contractor or convert 
to performance by a contractor any functions pursuant to a study 
conducted under Office of Management and Budget (OMB) Circular A-76 or 
as part of a utility privatization authorized under section 2688 of 
title 10, United States Code or under any other provision of law, that 
are performed by Federal employees at the United States Military 
Academy, West Point, as of the date of enactment of this Act.
    Sec. 8123.  None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.
    Sec. 8124.  The explanatory statement regarding this Act printed in 
the House of Representatives section of the Congressional Record on or 
about December 16, 2010, by the Chairman of the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representatives 
shall have the same effect with respect to the allocation of funds and 
implementation of this Act as if it were a joint explanatory statement 
of a committee of conference.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$9,958,840,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,388,601,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$778,722,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,667,376,000.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$293,137,000.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$37,040,000.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$31,337,000.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$19,822,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$824,966,000.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $9,500,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$47,821,154,000.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$5,475,925,000.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $3,430,258,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $9,216,319,000.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $7,490,900,000, of which:
            (1) Not to exceed $12,500,000 for the Combatant Commander 
        Initiative Fund, to be used in support of Operation Iraqi 
        Freedom and Operation Enduring Freedom; and
            (2) Not to exceed $1,570,000,000, to remain available until 
        expended, for payments to reimburse key cooperating nations for 
        logistical, military, and other support, including access 
        provided to United States military operations in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom, 
        notwithstanding any other provision of law: Provided, That such 
        reimbursement payments may be made in such amounts as the 
        Secretary of Defense, with the concurrence of the Secretary of 
        State, and in consultation with the Director of the Office of 
        Management and Budget, may determine, in his discretion, based 
        on documentation determined by the Secretary of Defense to 
        adequately account for the support provided, and such 
        determination is final and conclusive upon the accounting 
        officers of the United States, and 15 days following 
        notification to the appropriate congressional committees: 
        Provided further, That these funds may be used for the purpose 
        of providing specialized training and procuring supplies and 
        specialized equipment and providing such supplies and loaning 
        such equipment on a non-reimbursable basis to coalition forces 
        supporting United States military operations in Iraq and 
        Afghanistan, and 15 days following notification to the 
        appropriate congressional committees: Provided further, That 
        the Secretary of Defense shall provide quarterly reports to the 
        congressional defense committees on the use of funds provided 
        in this paragraph.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $204,326,000.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $68,059,000.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $86,667,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $125,925,000.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $321,646,000.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $289,862,000.

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

    For an additional amount for expenses directly relating to overseas 
contingency operations by United States military forces, 
$5,000,000,000, to remain available for obligation until expended: 
Provided, That of the funds made available under this heading, the 
Secretary of Defense may transfer these funds only to military 
personnel accounts, operation and maintenance accounts, the defense 
health program appropriation, the Mine Resistant Ambush Protected 
Vehicle Fund, and working capital funds accounts: Provided further, 
That the funds transferred shall be merged with and shall be available 
for the same purposes and for the same time period, as the 
appropriation to which transferred: Provided further, That the 
Secretary shall notify the congressional defense committees 15 days 
prior to such transfer: Provided further, That the transfer authority 
provided under this heading is in addition to any other transfer 
authority available to the Department of Defense.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $6,562,769,000, to 
remain available until September 30, 2011: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Commander, 
Combined Security Transition Command--Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security forces of Afghanistan, including the 
provision of equipment, supplies, services, training, facility and 
infrastructure repair, renovation, and construction, and funding: 
Provided further, That the authority to provide assistance under this 
heading is in addition to any other authority to provide assistance to 
foreign nations: Provided further, That contributions of funds for the 
purposes provided herein from any person, foreign government, or 
international organization may be credited to this Fund and used for 
such purposes: Provided further, That the Secretary of Defense shall 
notify the congressional defense committees in writing upon the receipt 
and upon the obligation of any contribution, delineating the sources 
and amounts of the funds received and the specific use of such 
contributions: Provided further, That the Secretary of Defense shall, 
not fewer than 15 days prior to obligating from this appropriation 
account, notify the congressional defense committees in writing of the 
details of any such obligation.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$1,238,219,000, to remain available until September 30, 2012.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$475,954,000, to remain available until September 30, 2012.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $1,169,466,000, to remain available until 
September 30, 2012.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$365,635,000, to remain available until September 30, 2012.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$5,800,516,000, to remain available until September 30, 2012.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$853,297,000, to remain available until September 30, 2012.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$50,700,000, to remain available until September 30, 2012.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $675,957,000, to remain available until September 30, 
2012.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$241,018,000, to remain available until September 30, 2012.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$893,197,000, to remain available until September 30, 2012.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$736,501,000, to remain available until September 30, 2012.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$36,625,000, to remain available until September 30, 2012.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $256,819,000, to remain available until September 30, 2012.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$2,583,421,000, to remain available until September 30, 2012.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$480,780,000, to remain available until September 30, 2012.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons and other procurement for the reserve 
components of the Armed Forces, $950,000,000, to remain available for 
obligation until September 30, 2012, of which $575,000,000 shall be 
available only for the Army National Guard: Provided, That the Chiefs 
of National Guard and Reserve components shall, not later than 30 days 
after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective National Guard or Reserve component.

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

    For the Mine Resistant Ambush Protected Vehicle Fund, 
$6,281,000,000, to remain available until September 30, 2011: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, to procure, sustain, 
transport, and field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only to 
appropriations made available in this or any other Act for operation 
and maintenance; procurement; research, development, test and 
evaluation; and defense working capital funds to accomplish the purpose 
provided herein: Provided further, That such transferred funds shall be 
merged with and be available for the same purposes and the same time 
period as the appropriation to which transferred: Provided further, 
That this transfer authority is in addition to any other transfer 
authority available to the Department of Defense:  Provided further, 
That the Secretary shall, not fewer than 10 days prior to making 
transfers from this appropriation, notify the congressional defense 
committees in writing of the details of any such transfer.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $57,962,000, to remain available until September 
30, 2011.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $58,660,000, to remain available until September 
30, 2011.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $39,286,000, to remain available until 
September 30, 2011.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $112,196,000, to remain available until 
September 30, 2011.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$412,215,000.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,256,675,000, which shall be for operation and maintenance.

             Drug Interdiction and Counter-drug Activities

                     (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities'', $346,603,000, to remain available until September 30, 
2011.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

    For an additional amount for ``Joint Improvised Explosive Device 
Defeat Fund'', $1,762,010,000, to remain available until September 30, 
2012.

                    Office of the Inspector General

    For an additional amount for the ``Office of the Inspector 
General'', $8,876,000.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2010.

                     (including transfer of funds)

    Sec. 9002.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may, 
with the approval of the Office of Management and Budget, transfer up 
to $4,000,000,000 between the appropriations or funds made available to 
the Department of Defense in this title: Provided, That the Secretary 
shall notify the Congress promptly of each transfer made pursuant to 
the authority in this section: Provided further, That the authority 
provided in this section is in addition to any other transfer authority 
available to the Department of Defense and is subject to the same terms 
and conditions as the authority provided in the Department of Defense 
Appropriations Act, 2010: Provided further, That the amount in this 
section is designated as being for overseas deployments and other 
activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the budget for fiscal 
year 2010.
    Sec. 9003.  Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance or the ``Afghanistan Security Forces Fund'' provided in 
this Act and executed in direct support of overseas contingency 
operations in Afghanistan, may be obligated at the time a construction 
contract is awarded: Provided, That for the purpose of this section, 
supervision and administration costs include all in-house Government 
costs.
    Sec. 9004.  From funds made available in this title, the Secretary 
of Defense may purchase for use by military and civilian employees of 
the Department of Defense in Iraq and Afghanistan: (a) passenger motor 
vehicles up to a limit of $75,000 per vehicle and (b) heavy and light 
armored vehicles for the physical security of personnel or for force 
protection purposes up to a limit of $250,000 per vehicle, 
notwithstanding price or other limitations applicable to the purchase 
of passenger carrying vehicles.
    Sec. 9005.  Not to exceed $1,200,000,000 of the amount appropriated 
in this title under the heading ``Operation and Maintenance, Army'' may 
be used, notwithstanding any other provision of law, to fund the 
Commander's Emergency Response Program, for the purpose of enabling 
military commanders in Iraq and Afghanistan to respond to urgent 
humanitarian relief and reconstruction requirements within their areas 
of responsibility: Provided, That not later than 45 days after the end 
of each fiscal year quarter, the Secretary of Defense shall submit to 
the congressional defense committees a report regarding the source of 
funds and the allocation and use of funds during that quarter that were 
made available pursuant to the authority provided in this section or 
under any other provision of law for the purposes described herein: 
Provided further, That, of the funds provided, $500,000,000 shall not 
be available until 5 days after the Secretary of Defense has completed 
a thorough review of the Commander's Emergency Response Program and 
provided a report on his findings to the congressional defense 
committees.
    Sec. 9006.  Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support to 
coalition forces supporting military and stability operations in Iraq 
and Afghanistan: Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees regarding 
support provided under this section.
    Sec. 9007.  Each amount in this title is designated as being for 
overseas deployments and other activities pursuant to section 401(c)(4) 
and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010.
    Sec. 9008.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by 
the United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.
            (3) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Afghanistan.
    Sec. 9009.  None of the funds made available in this Act may be 
used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at 
New York on December 10, 1984):
            (1) Section 2340A of title 18, United States Code.
            (2) Section 2242 of the Foreign Affairs Reform and 
        Restructuring Act of 1998 (division G of Public Law 105-277; 
        112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
        prescribed thereto, including regulations under part 208 of 
        title 8, Code of Federal Regulations, and part 95 of title 22, 
        Code of Federal Regulations.
            (3) Sections 1002 and 1003 of the Department of Defense, 
        Emergency Supplemental Appropriations to Address Hurricanes in 
        the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public 
        Law 109-148).
    Sec. 9010. (a) The Director of the Office of Management and Budget, 
in consultation with the Secretary of Defense; the Commander of the 
United States Central Command; the Commander, Multi-National Security 
Transition Command--Iraq; and the Commander, Combined Security 
Transition Command--Afghanistan, shall submit to the congressional 
defense committees not later than 45 days after the end of each fiscal 
quarter a report on the proposed use of all funds appropriated by this 
or any prior Act under each of the headings ``Iraq Security Forces 
Fund'', ``Afghanistan Security Forces Fund'', and ``Pakistan 
Counterinsurgency Fund'' on a project-by-project basis, for which the 
obligation of funds is anticipated during the 3-month period from such 
date, including estimates by the commanders referred to in this section 
of the costs required to complete each such project.
    (b) The report required by this subsection shall include the 
following:
            (1) The use of all funds on a project-by-project basis for 
        which funds appropriated under the headings referred to in 
        subsection (a) were obligated prior to the submission of the 
        report, including estimates by the commanders referred to in 
        subsection (a) of the costs to complete each project.
            (2) The use of all funds on a project-by-project basis for 
        which funds were appropriated under the headings referred to in 
        subsection (a) in prior appropriations Acts, or for which funds 
        were made available by transfer, reprogramming, or allocation 
        from other headings in prior appropriations Acts, including 
        estimates by the commanders referred to in subsection (a) of 
        the costs to complete each project.
            (3) An estimated total cost to train and equip the Iraq, 
        Afghanistan, and Pakistan security forces, disaggregated by 
        major program and sub-elements by force, arrayed by fiscal 
        year.
    (c) The Secretary of Defense shall notify the congressional defense 
committees of any proposed new projects or transfers of funds between 
sub-activity groups in excess of $20,000,000 using funds appropriated 
by this or any prior Act under the headings ``Iraq Security Forces 
Fund'', ``Afghanistan Security Forces Fund'', and ``Pakistan 
Counterinsurgency Fund''.
    Sec. 9011. (a) None of the funds made available in this or any 
other Act may be used to release an individual who is detained, as of 
June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the 
continental United States, Alaska, Hawaii, or the District of Columbia, 
into any of the United States territories of Guam, American Samoa (AS), 
the United States Virgin Islands (USVI), the Commonwealth of Puerto 
Rico and the Commonwealth of the Northern Mariana Islands (CNMI).
    (b) None of the funds made available in this or any other Act may 
be used to transfer an individual who is detained, as of June 24, 2009, 
at Naval Station, Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, or the District of Columbia, into any of the 
United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purpose of 
detention, except as provided in subsection (c).
    (c) None of the funds made available in this or any other Act may 
be used to transfer an individual who is detained, as of June 24, 2009, 
at Naval Station, Guantanamo Bay, Cuba, into the continental United 
States, Alaska, Hawaii, or the District of Columbia, into any of the 
United States territories of Guam, American Samoa (AS), the United 
States Virgin Islands (USVI), the Commonwealth of Puerto Rico and the 
Commonwealth of the Northern Mariana Islands (CNMI), for the purposes 
of prosecuting such individual, or detaining such individual during 
legal proceedings, until 45 days after the plan described in subsection 
(d) is received.
    (d) The President shall submit to Congress, in classified form, a 
plan regarding the proposed disposition of any individual covered by 
subsection (c) who is detained as of June 24, 2009. Such plan shall 
include, at a minimum, each of the following for each such individual:
            (1) A determination of the risk that the individual might 
        instigate an act of terrorism within the continental United 
        States, Alaska, Hawaii, the District of Columbia, or the United 
        States territories if the individual were so transferred.
            (2) A determination of the risk that the individual might 
        advocate, coerce, or incite violent extremism, ideologically 
        motivated criminal activity, or acts of terrorism, among inmate 
        populations at incarceration facilities within the continental 
        United States, Alaska, Hawaii, the District of Columbia, or the 
        United States territories if the individual were transferred to 
        such a facility.
            (3) The costs associated with transferring the individual 
        in question.
            (4) The legal rationale and associated court demands for 
        transfer.
            (5) A plan for mitigation of any risks described in 
        paragraphs (1), (2), and (7).
            (6) A copy of a notification to the Governor of the State 
        to which the individual will be transferred, to the Mayor of 
        the District of Columbia if the individual will be transferred 
        to the District of Columbia, or to any United States 
        territories with a certification by the Attorney General of the 
        United States in classified form at least 14 days prior to such 
        transfer (together with supporting documentation and 
        justification) that the individual poses little or no security 
        risk to the United States.
            (7) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services of the United States, that is posed by such 
        transfer and the actions taken to mitigate such risk.
    (e) None of the funds made available in this or any other Act may 
be used to transfer or release an individual detained at Naval Station, 
Guantanamo Bay, Cuba, as of June 24, 2009, to the country of such 
individual's nationality or last habitual residence or to any other 
country other than the United States or to a freely associated State, 
unless the President submits to the Congress, in classified form, at 
least 15 days prior to such transfer or release, the following 
information:
            (1) The name of any individual to be transferred or 
        released and the country or the freely associated State to 
        which such individual is to be transferred or released.
            (2) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services of the United States, that is posed by such 
        transfer or release and the actions taken to mitigate such 
        risk.
            (3) The terms of any agreement with the country or the 
        freely associated State for the acceptance of such individual, 
        including the amount of any financial assistance related to 
        such agreement.
    (f) In this section, the term ``freely associated States'' means 
the Federated States of Micronesia (FSM), the Republic of the Marshall 
Islands (RMI), and the Republic of Palau.
    (g) Prior to the termination of detention operations at Naval 
Station, Guantanamo Bay, Cuba, the President shall submit to the 
Congress a report in classified form describing the disposition or 
legal status of each individual detained at the facility as of the date 
of enactment of this Act.
    Sec. 9012. (a) Funding for Outreach and Reintegration Services 
Under Yellow Ribbon Reintegration Program.--Of the amounts appropriated 
or otherwise made available by title IX, up to $20,000,000 may be 
available for outreach and reintegration services under the Yellow 
Ribbon Reintegration Program under section 582(h) of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 125; 10 U.S.C. 10101 note).
    (b) Supplement Not Supplant.--The amount made available by 
subsection (a) for the services described in that subsection is in 
addition to any other amounts available in this Act for such services.
     This division may be cited as the ``Department of Defense 
Appropriations Act, 2010''.

                       DIVISION B--OTHER MATTERS

    Sec. 1001.  There are hereby appropriated such sums as may be 
necessary, for an additional amount for ``Food and Nutrition Service--
Supplemental Nutrition Assistance Program'' for necessary current year 
expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 
et seq.): Provided, That such amount shall be used only in such amounts 
and at such times as may become necessary to carry out program 
operations: Provided further, That amounts so appropriated are 
designated as emergency requirements and necessary to meet emergency 
needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.
    Sec. 1002. (a) In General.--For the costs of State administrative 
expenses associated with administering the supplemental nutrition 
assistance program established under the Food and Nutrition Act of 2008 
(7 U.S.C. 2011 et seq.), there are hereby appropriated $400,000,000, 
which shall remain available until September 30, 2011.
    (b) Allocation of Funds.--Funds described in subsection (a) shall 
be made available as grants to State agencies as follows--
            (1) 75 percent of the amounts available shall be allocated 
        to States based on the share of each State of households that 
        participate in the supplemental nutrition assistance program as 
        reported to the Department of Agriculture for the most recent 
        12-month period for which data are available, adjusted by the 
        Secretary (as of the date of enactment) for participation in 
        disaster programs under section 5(h) of the Food and Nutrition 
        Act of 2008 (7 U.S.C. 2014(h));
            (2) 25 percent of the amounts available shall be allocated 
        to States based on the increase in the number of households 
        that participate in the supplemental nutrition assistance 
        program as reported to the Department of Agriculture over the 
        most recent 12-month period for which data are available, 
        adjusted by the Secretary (as of the date of enactment) for 
        participation in disaster programs under section 5(h) of the 
        Food and Nutrition Act of 2008 (7 U.S.C. 2014(h)); and
            (3) Not later than 60 days after the date of enactment of 
        this Act, the Secretary shall make available to States amounts 
        based on paragraphs (1) and (2) of this subparagraph.
    (c) Reallocation of Funds.--Funds unobligated at the State level in 
fiscal year 2010 may be recovered and reallocated to the States in 
fiscal year 2011.
    (d) Emergency Designation.--Amounts in this section are designated 
as emergency requirements and necessary to meet emergency needs 
pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.
    Sec. 1003. (a) Amendments to Section 119 of Title 17, United States 
Code.--
            (1) In general.--Section 119 of title 17, United States 
        Code, is amended--
                    (A) in subsection (c)(1)(E), by striking ``December 
                31, 2009'' and inserting ``February 28, 2010''; and
                    (B) in subsection (e), by striking ``December 31, 
                2009'' and inserting ``February 28, 2010''.
            (2) Termination of license.--
                    (A) Termination.--Section 119 of title 17, United 
                States Code, as amended by paragraph (1), shall cease 
                to be effective on February 28, 2010.
                    (B) Conforming amendment.--Section 4(a) of the 
                Satellite Home Viewer Act of 1994 (17 U.S.C. 119 note; 
                Public Law 103-369) is repealed.
    (b) Amendments to Communications Act of 1934.--Section 325(b) of 
the Communications Act of 1934 (47 U.S.C. 325(b)) is amended--
            (1) in paragraph (2)(C), by striking ``December 31, 2009'' 
        and inserting ``February 28, 2010''; and
            (2) in paragraph (3)(C), by striking ``January 1, 2010'' 
        each place it appears in clauses (ii) and (iii) and inserting 
        ``March 1, 2010''.
    (c) Emergency Designation.--Amounts in this section are designated 
as emergency requirements and necessary to meet emergency needs 
pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.
    Sec. 1004. (a) USA PATRIOT Improvement and Reauthorization Act of 
2005.--Section 102(b)(1) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 195) is 
amended by striking ``December 31, 2009'' and inserting ``February 28, 
2010''.
    (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3742; 50 U.S.C. 1801 note) 
is amended by striking ``December 31, 2009'' and inserting ``February 
28, 2010''.
    Sec. 1005.  Section 129 of the Continuing Appropriations 
Resolution, 2010 (Public Law 111-68) is amended by striking ``by 
substituting'' and all that follows through the period at the end, and 
inserting ``by substituting February 28, 2010 for the date specified in 
each such section.''.
    Sec. 1006. (a) There is hereby appropriated $125,000,000, for an 
additional amount for ``Small Business Administration--Business Loans 
Program Account'' for fee reductions and eliminations under section 501 
of division A of the American Recovery and Reinvestment Act of 2009 
(Public Law 111-5) and for the cost of guaranteed loans under section 
502 of such division: Provided, That such cost shall be as defined in 
section 502 of the Congressional Budget Act of 1974.
    (b) Section 502(f) of division A of the American Recovery and 
Reinvestment Act of 2009 is amended by striking ``the date 12 months 
after the date of enactment of this Act'' and inserting ``February 28, 
2010''.
    (c) Amounts in this section are designated as emergency 
requirements and necessary to meet emergency needs pursuant to sections 
403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010.
    Sec. 1007. (a) Payment.--The Secretary of the Interior may make a 
payment to Swain County, North Carolina, in an amount of $12,800,000, 
in connection with the non-construction of the North Shore Road: 
Provided, That $4,000,000 shall be available for obligation upon 
enactment of this Act: Provided further, That remaining amounts shall 
not be available for obligation until 120 days following signature of 
an agreement between the Secretary of the Interior, Swain County, the 
State of North Carolina, and the Tennessee Valley Authority that 
supersedes the agreement of July 30, 1943, related to the construction 
of North Shore Road between the Secretary, the County, the State, and 
the Authority. For this payment, there is hereby appropriated 
$6,800,000, to remain available until expended, and an amount of 
$6,000,000 from unobligated balances available to the Department of the 
Interior from prior appropriations to the ``Construction'' account for 
the National Park Service.
    (b) Rescission.--Of the funds appropriated in the Department of 
Transportation and Related Agencies Appropriations Act, 2001 (Public 
Law 106-346), in section 378 for construction of, and improvements to, 
North Shore Road in Swain County, North Carolina, $6,800,000 is hereby 
permanently rescinded.
    Sec. 1008. (a) For purposes of the continued extension of surface 
transportation programs and related authority to make expenditures from 
the Highway Trust Fund and other trust funds under sections 157 through 
162 of the Continuing Appropriations Resolution, 2010, the date 
specified in section 106(3) of such resolution shall be deemed to be 
February 28, 2010.
    (b) Section 158(c) is amended by striking the period at the end and 
inserting ``except for the rescission made by section 123 of division I 
of the Omnibus Appropriations Act, 2009. The amount made available for 
each of the apportioned Federal-aid highway programs under subsection 
(a) shall be reduced by an amount equaling $33,401,492 multiplied by 
the amount calculated under subsection (a) and divided by 
$23,941,505,262''.
    Sec. 1009. (a)(1) Section 4007 of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
            (A) by striking ``December 31, 2009'' each place it appears 
        and inserting ``February 28, 2010'';
            (B) in the heading for subsection (b)(2), by striking 
        ``December 31, 2009'' and inserting ``February 28, 2010''; and
            (C) in subsection (b)(3), by striking ``May 31, 2010'' and 
        inserting ``July 31, 2010''.
    (2) Section 2002(e) of the Assistance for Unemployed Workers and 
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 
3304 note; 123 Stat. 438), is amended--
            (A) in paragraph (1)(B), by striking ``before January 1, 
        2010'' and inserting ``on or before February 28, 2010'';
            (B) in the heading for paragraph (2), by striking ``January 
        1, 2010'' and inserting ``February 28, 2010''; and
            (C) in paragraph (3), by striking ``June 30, 2010'' and 
        inserting ``August 31, 2010''.
    (3) Section 2005 of the Assistance for Unemployed Workers and 
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 
3304 note; 123 Stat. 444), is amended--
            (A) by striking ``January 1, 2010'' each place it appears 
        and inserting ``February 28, 2010''; and
            (B) in subsection (c), by striking ``June 1, 2010'' and 
        inserting ``July 31, 2010''.
    (4) Section 5 of the Unemployment Compensation Extension Act of 
2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking 
``May 30, 2010'' and inserting ``July 31, 2010''.
    (b) Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 
(Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``by 
reason of'' and all that follows and inserting the following: ``by 
reason of--
                    ``(A) the amendments made by section 2001(a) of the 
                Assistance for Unemployed Workers and Struggling 
                Families Act;
                    ``(B) the amendments made by sections 2 through 4 
                of the Worker, Homeownership, and Business Assistance 
                Act of 2009; and
                    ``(C) the amendments made by section 1009 of the 
                Department of Defense Appropriations Act, 2010; and''.
    (c) Amounts in this section are designated as emergency 
requirements and necessary to meet emergency needs pursuant to sections 
403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010.
    Sec. 1010. (a) Extension of Eligibility Period.--Subsection 
(a)(3)(A) of section 3001 of division B of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5) is amended by striking 
``December 31, 2009'' and inserting ``February 28, 2010''.
    (b) Extension of Maximum Duration of Assistance.--Subsection 
(a)(2)(A)(ii)(I) of such section is amended by striking ``9 months'' 
and inserting ``15 months''.
    (c) Rules Related to 2009 Extension.--Subsection (a) of such 
section is further amended by adding at the end the following:
            ``(16) Rules related to 2009 extension.--
                    ``(A) Election to pay premiums retroactively and 
                maintain cobra coverage.--In the case of any premium 
                for a period of coverage during an assistance eligible 
                individual's transition period, such individual shall 
                be treated for purposes of any COBRA continuation 
                provision as having timely paid the amount of such 
                premium if--
                            ``(i) such individual was covered under the 
                        COBRA continuation coverage to which such 
                        premium relates for the period of coverage 
                        immediately preceding such transition period, 
                        and
                            ``(ii) such individual pays, not later than 
                        60 days after the date of the enactment of this 
                        paragraph (or, if later, 30 days after the date 
                        of provision of the notification required under 
                        subparagraph (D)(ii)), the amount of such 
                        premium, after the application of paragraph 
                        (1)(A).
                    ``(B) Refunds and credits for retroactive premium 
                assistance eligibility.--In the case of an assistance 
                eligible individual who pays, with respect to any 
                period of COBRA continuation coverage during such 
                individual's transition period, the premium amount for 
                such coverage without regard to paragraph (1)(A), rules 
                similar to the rules of paragraph (12)(E) shall apply.
                    ``(C) Transition period.--
                            ``(i) In general.--For purposes of this 
                        paragraph, the term `transition period' means, 
                        with respect to any assistance eligible 
                        individual, any period of coverage if--
                                    ``(I) such period begins before the 
                                date of the enactment of this 
                                paragraph, and
                                    ``(II) paragraph (1)(A) applies to 
                                such period by reason of the amendment 
                                made by section 1010(b) of the 
                                Department of Defense Appropriations 
                                Act, 2010.
                            ``(ii) Construction.--Any period during the 
                        period described in subclauses (I) and (II) of 
                        clause (i) for which the applicable premium has 
                        been paid pursuant to subparagraph (A) shall be 
                        treated as a period of coverage referred to in 
                        such paragraph, irrespective of any failure to 
                        timely pay the applicable premium (other than 
                        pursuant to subparagraph (A)) for such period.
                    ``(D) Notification.--
                            ``(i) In general.--In the case of an 
                        individual who was an assistance eligible 
                        individual at any time on or after October 31, 
                        2009, or experiences a qualifying event 
                        (consisting of termination of employment) 
                        relating to COBRA continuation coverage on or 
                        after such date, the administrator of the group 
                        health plan (or other entity) involved shall 
                        provide an additional notification with 
                        information regarding the amendments made by 
                        section 1010 of the Department of Defense 
                        Appropriations Act, 2010, within 60 days after 
                        the date of the enactment of such Act or, in 
                        the case of a qualifying event occurring after 
                        such date of enactment, consistent with the 
                        timing of notifications under paragraph (7)(A).
                            ``(ii) To individuals who lost 
                        assistance.--In the case of an assistance 
                        eligible individual described in subparagraph 
                        (A)(i) who did not timely pay the premium for 
                        any period of coverage during such individual's 
                        transition period or paid the premium for such 
                        period without regard to paragraph (1)(A), the 
                        administrator of the group health plan (or 
                        other entity) involved shall provide to such 
                        individual, within the first 60 days of such 
                        individual's transition period, an additional 
                        notification with information regarding the 
                        amendments made by section 1010 of the 
                        Department of Defense Appropriations Act, 2010, 
                        including information on the ability under 
                        subparagraph (A) to make retroactive premium 
                        payments with respect to the transition period 
                        of the individual in order to maintain COBRA 
                        continuation coverage.
                            ``(iii) Application of rules.--Rules 
                        similar to the rules of paragraph (7) shall 
                        apply with respect to notifications under this 
                        subparagraph.''.
    (d) Clarification That Eligibility and Notice Is Based on Timing of 
Qualifying Event.--Subsection (a) of such section is amended--
            (1) in paragraph (3)(A)--
                    (A) by striking ``at any time'' and inserting 
                ``such qualified beneficiary is eligible for COBRA 
                continuation coverage related to a qualifying event 
                occurring''; and
                    (B) by striking ``, such qualified beneficiary is 
                eligible for COBRA continuation coverage''; and
            (2) in paragraph (7)(A), by striking ``become entitled to 
        elect COBRA continuation coverage'' and inserting ``have a 
        qualifying event relating to COBRA continuation coverage''.
    (e) Effective Date.--The amendments made by this section shall take 
effect as if included in the provisions of section 3001 of division B 
of the American Recovery and Reinvestment Act of 2009 to which they 
relate.
    (f) Emergency Designations.--
            (1) In general.--Amounts in this section are designated as 
        emergency requirements and necessary to meet emergency needs 
        pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th 
        Congress), the concurrent resolution on the budget for fiscal 
        year 2010.
            (2) PAYGO.--All applicable provisions in this section are 
        designated as an emergency for purposes of pay-as-you-go 
        principles.
    Sec. 1011. (a) In General.--Section 1848(d) of the Social Security 
Act (42 U.S.C. 1395w-4(d)) is amended by adding at the end the 
following new paragraph:
            ``(10) Update for portion of 2010.--
                    ``(A) In general.--Subject to paragraphs (7)(B), 
                (8)(B), and (9)(B), in lieu of the update to the single 
                conversion factor established in paragraph (1)(C) that 
                would otherwise apply for 2010 for the period beginning 
                on January 1, 2010, and ending on February 28, 2010, 
                the update to the single conversion factor shall be 0 
                percent for 2010.
                    ``(B) No effect on computation of conversion factor 
                for remaining portion of 2010 and subsequent years.--
                The conversion factor under this subsection shall be 
                computed under paragraph (1)(A) for the period 
                beginning on March 1, 2010, and ending on December 31, 
                2010, and for 2011 and subsequent years as if 
                subparagraph (A) had never applied.''.
    (b) Funding From Medicare Improvement Fund.--Section 1898(b)(1) of 
such Act (42 U.S.C. 1395iii(b)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``$22,290,000,000'' and inserting 
                ``$20,740,000,000''; and
                    (B) by striking ``and'' at the end;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) fiscal year 2015, $550,000,000; and''.
    Sec. 1012.  Notwithstanding any other provision of law, the 
Secretary of Health and Human Services shall not publish updated 
poverty guidelines for 2010 under section 673(2) of the Omnibus Budget 
Reconciliation Act of 1981 (42 U.S.C. 9902(2)) before March 1, 2010, 
and the poverty guidelines published under such section on January 23, 
2009, shall remain in effect until updated poverty guidelines are 
published.
    Sec. 1013.  From the ``National Telecommunications and Information 
Administration--Digital-to-Analog Converter Box Program'' in the 
Department of Commerce, $128,000,000 is hereby rescinded.
    Sec. 1014.  The explanatory statement regarding this Act printed in 
the House of Representatives section of the Congressional Record on or 
about December 16, 2010, by the Chairman of the Subcommittee on Defense 
of the Committee on Appropriations of the House of Representatives 
shall have the same effect with respect to the allocation of funds and 
implementation of this Act as if it were a joint explanatory statement 
of a committee of conference.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H.R. 3326

_______________________________________________________________________

                  HOUSE AMENDMENT TO SENATE AMENDMENT
```