127 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, 
Air Force’’, $36,625,000, to remain available until Sep-
tember 30, 2012. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Am-
munition, 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 Sep-
tember 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 procure-
ment for the reserve components of the Armed Forces, 
$950,000,000, to remain available for obligation until Sep-
tember 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, individ-
128 
ually submit to the congressional defense committees the 
modernization priority assessment for their respective Na-
tional 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 provi-
sion of law, to procure, sustain, transport, and field Mine 
Resistant Ambush Protected vehicles: Provided further, That 
the Secretary shall transfer such funds only to appropria-
tions made available in this or any other Act for operation 
and maintenance; procurement; research, development, test 
and evaluation; and defense working capital funds to ac-
complish 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.
129 
RESEARCH, DEVELOPMENT, TEST AND 
EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For an additional amount for ‘‘Research, Develop-
ment, 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, Develop-
ment, 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, Develop-
ment, Test and Evaluation, Air Force’’, $39,286,000, to re-
main available until September 30, 2011. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 
DEFENSE-WIDE 
For an additional amount for ‘‘Research, Develop-
ment, 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 Cap-
ital Funds’’, $412,215,000.
130 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $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 avail-
able until September 30, 2011. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Joint Improvised Ex-
plosive 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 Inspec-
tor 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.
131 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary 
of Defense that such action is necessary in the national in-
terest, 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 Sec-
retary 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 over-
seas deployments and other activities pursuant to sections 
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal year 
2010. 
SEC. 9003. Supervision and administration costs asso-
ciated with a construction project funded with appropria-
tions available for operation and maintenance or the ‘‘Af-
ghanistan Security Forces Fund’’ provided in this Act and 
executed in direct support of overseas contingency oper-
ations in Afghanistan, may be obligated at the time a con-
132 
struction contract is awarded: Provided, That for the pur-
pose 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 ve-
hicles for the physical security of personnel or for force pro-
tection purposes up to a limit of $250,000 per vehicle, not-
withstanding 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 Emer-
gency Response Program, for the purpose of enabling mili-
tary commanders in Iraq and Afghanistan to respond to 
urgent humanitarian relief and reconstruction require-
ments within their areas of responsibility: Provided, That 
not later than 45 days after the end of each fiscal year quar-
ter, the Secretary of Defense shall submit to the congres-
sional defense committees a report regarding the source of 
funds and the allocation and use of funds during that quar-
ter that were made available pursuant to the authority pro-
133 
vided 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 con-
gressional defense committees. 
SEC. 9006. Funds available to the Department of De-
fense for operation and maintenance may be used, notwith-
standing any other provision of law, to provide supplies, 
services, transportation, including airlift and sealift, and 
other logistical support to coalition forces supporting mili-
tary and stability operations in Iraq and Afghanistan: Pro-
vided, 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 pursu-
ant 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 other-
wise made available by this or any other Act shall be obli-
gated or expended by the United States Government for a 
purpose as follows:
134 
(1) To establish any military installation or base 
for the purpose of providing for the permanent sta-
tioning 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 sta-
tioning of United States Armed Forces in Afghani-
stan. 
SEC. 9009. None of the funds made available in this 
Act may be used in contravention of the following laws en-
acted or regulations promulgated to implement the United 
Nations Convention Against Torture and Other Cruel, In-
human 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.
135 
(3) Sections 1002 and 1003 of the Department of 
Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pan-
demic Influenza Act, 2006 (Public Law 109–148). 
SEC. 9010. (a) The Director of the Office of Manage-
ment and Budget, in consultation with the Secretary of De-
fense; the Commander of the United States Central Com-
mand; 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’’, ‘‘Afghan-
istan Security Forces Fund’’, and ‘‘Pakistan Counterinsur-
gency Fund’’ on a project-by-project basis, for which the 
obligation of funds is anticipated during the 3-month pe-
riod 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 head-
ings referred to in subsection (a) were obligated prior
136 
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 appro-
priations Acts, or for which funds were made avail-
able by transfer, reprogramming, or allocation from 
other headings in prior appropriations Acts, includ-
ing estimates by the commanders referred to in sub-
section (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 congres-
sional 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’’, ‘‘Af-
ghanistan Security Forces Fund’’, and ‘‘Pakistan Counter-
insurgency 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,
137 
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 de-
tained, as of June 24, 2009, at Naval Station, Guantanamo 
Bay, Cuba, into the continental United States, Alaska, Ha-
waii, 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 Mar-
iana 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 de-
tained, as of June 24, 2009, at Naval Station, Guantanamo 
Bay, Cuba, into the continental United States, Alaska, Ha-
waii, 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 Mar-
iana Islands (CNMI), for the purposes of prosecuting such
138 
individual, or detaining such individual during legal pro-
ceedings, until 45 days after the plan described in sub-
section (d) is received. 
(d) The President shall submit to Congress, in classi-
fied 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 indi-
vidual might instigate an act of terrorism within the 
continental United States, Alaska, Hawaii, the Dis-
trict of Columbia, or the United States territories if 
the individual were so transferred. 
(2) A determination of the risk that the indi-
vidual might advocate, coerce, or incite violent extre-
mism, ideologically motivated criminal activity, or 
acts of terrorism, among inmate populations at incar-
ceration 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 in-
dividual in question. 
(4) The legal rationale and associated court de-
mands for transfer.
139 
(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 indi-
vidual will be transferred to the District of Columbia, 
or to any United States territories with a certifi-
cation 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 se-
curity risk to the United States. 
(7) An assessment of any risk to the national se-
curity 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 nation-
ality 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,
140 
at least 15 days prior to such transfer or release, the fol-
lowing 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 se-
curity 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 ac-
tions 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 finan-
cial assistance related to such agreement. 
(f) In this section, the term ‘‘freely associated States’’ 
means the Federated States of Micronesia (FSM), the Re-
public 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 de-
scribing the disposition or legal status of each individual 
detained at the facility as of the date of enactment of this 
Act.
141 
SEC. 9012. (a) FUNDING FOR OUTREACH AND RE-
INTEGRATION SERVICES UNDER YELLOW RIBBON RE-
INTEGRATION 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 sec-
tion 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 De-
fense 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 re-
142 
quirements and necessary to meet emergency needs pursu-
ant 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 sub-
section (a) shall be made available as grants to State agen-
cies 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 nu-
trition assistance program as reported to the Depart-
ment of Agriculture for the most recent 12-month pe-
riod for which data are available, adjusted by the 
Secretary (as of the date of enactment) for participa-
tion 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 num-
ber of households that participate in the supplemental
143 
nutrition assistance program as reported to the De-
partment 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 par-
ticipation 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 en-
actment of this Act, the Secretary shall make avail-
able 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 sec-
tion are designated as emergency requirements and nec-
essary to meet emergency needs pursuant to sections 403 
and 423(b) of S. Con. Res. 13 (111th Congress), the concur-
rent 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—
145 
and 423(b) of S. Con. Res. 13 (111th Congress), the concur-
rent 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 PREVEN-
TION 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 Appropria-
tions 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 Busi-
ness Administration—Business Loans Program Account’’ 
for fee reductions and eliminations under section 501 of di-
vision A of the American Recovery and Reinvestment Act 
of 2009 (Public Law 111–5) and for the cost of guaranteed
146 
loans under section 502 of such division: Provided, That 
such cost shall be as defined in section 502 of the Congres-
sional Budget Act of 1974. 
(b) Section 502(f) of division A of the American Recov-
ery 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 emer-
gency 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 Inte-
rior may make a payment to Swain County, North Caro-
lina, 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 sig-
nature of an agreement between the Secretary of the Inte-
rior, 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
147 
$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 Serv-
ice. 
(b) RESCISSION.—Of the funds appropriated in the 
Department of Transportation and Related Agencies Ap-
propriations 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 here-
by 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 Con-
tinuing 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 ap-
portioned Federal-aid highway programs under subsection 
(a) shall be reduced by an amount equaling $33,401,492
148 
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 strik-
ing ‘‘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 Pub-
lic 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 Feb-
ruary 28, 2010’’; 
(B) in the heading for paragraph (2), by strik-
ing ‘‘JANUARY 1, 2010’’ and inserting ‘‘FEBRUARY 28, 
2010’’; and 
(C) in paragraph (3), by striking ‘‘June 30, 
2010’’ and inserting ‘‘August 31, 2010’’.
149 
(3) Section 2005 of the Assistance for Unemployed 
Workers and Struggling Families Act, as contained in Pub-
lic 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 Ex-
tension 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 Appropria-
tions 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 Work-
ers 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’’.
150 
(c) Amounts in this section are designated as emer-
gency 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 ASSIST-
ANCE.—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.—Sub-
section (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 RETRO-
ACTIVELY AND MAINTAIN COBRA COVERAGE.—In 
the case of any premium for a period of coverage 
during an assistance eligible individual’s transi-
tion period, such individual shall be treated for 
purposes of any COBRA continuation provision
151 
as having timely paid the amount of such pre-
mium if— 
‘‘(i) such individual was covered under 
the COBRA continuation coverage to which 
such premium relates for the period of cov-
erage 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 re-
quired under subparagraph (D)(ii)), the 
amount of such premium, after the applica-
tion of paragraph (1)(A). 
‘‘(B) REFUNDS AND CREDITS FOR RETRO-
ACTIVE PREMIUM ASSISTANCE ELIGIBILITY.—In 
the case of an assistance eligible individual who 
pays, with respect to any period of COBRA con-
tinuation 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.—
152 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transition period’ 
means, with respect to any assistance eligi-
ble individual, any period of coverage if— 
‘‘(I) such period begins before the 
date of the enactment of this para-
graph, and 
‘‘(II) paragraph (1)(A) applies to 
such period by reason of the amend-
ment 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 ap-
plicable premium has been paid pursuant 
to subparagraph (A) shall be treated as a 
period of coverage referred to in such para-
graph, irrespective of any failure to timely 
pay the applicable premium (other than 
pursuant to subparagraph (A)) for such pe-
riod. 
‘‘(D) NOTIFICATION.— 
‘‘(i) IN GENERAL.—In the case of an 
individual who was an assistance eligible
153 
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) in-
volved shall provide an additional notifica-
tion with information regarding the amend-
ments made by section 1010 of the Depart-
ment of Defense Appropriations Act, 2010, 
within 60 days after the date of the enact-
ment of such Act or, in the case of a quali-
fying event occurring after such date of en-
actment, consistent with the timing of noti-
fications under paragraph (7)(A). 
‘‘(ii) TO INDIVIDUALS WHO LOST AS-
SISTANCE.—In the case of an assistance eli-
gible individual described in subparagraph 
(A)(i) who did not timely pay the premium 
for any period of coverage during such indi-
vidual’s transition period or paid the pre-
mium 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
154 
first 60 days of such individual’s transition 
period, an additional notification with in-
formation regarding the amendments made 
by section 1010 of the Department of De-
fense Appropriations Act, 2010, including 
information on the ability under subpara-
graph (A) to make retroactive premium 
payments with respect to the transition pe-
riod 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
155 
(2) in paragraph (7)(A), by striking ‘‘become en-
titled to elect COBRA continuation coverage’’ and in-
serting ‘‘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 con-
current 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
156 
2010 for the period beginning on January 1, 
2010, and ending on February 28, 2010, the up-
date to the single conversion factor shall be 0 
percent for 2010. 
‘‘(B) NO EFFECT ON COMPUTATION OF CON-
VERSION 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 in-
serting ‘‘$20,740,000,000’’; and 
(B) by striking ‘‘and’’ at the end; 
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(3) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) fiscal year 2015, $550,000,000; and’’.
157 
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 guide-
lines are published. 
SEC. 1013. From the ‘‘National Telecommunications 
and Information Administration—Digital-to-Analog Con-
verter 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 Com-
mittee 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