Department of Defense Appropriations Act, 2010
PL 111-118 (H.R.3326), enacted 12/19/2009

123 STAT. 3409 
PUBLIC LAW 111–118—DEC. 19, 2009 
Public Law 111–118 
111th Congress 
An Act 
Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 2010, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Defense Appropria-
tions Act, 2010’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS 
Title I—Military Personnel 
Title II—Operation and Maintenance 
Title III—Procurement 
Title IV—Research, Development, Test and Evaluation 
Title V—Revolving and Management Funds 
Title VI—Other Department of Defense Programs 
Title VII—Related Agencies 
Title VIII—General Provisions 
Title IX—Overseas Contingency Operations 
DIVISION B—OTHER MATTERS 
SEC. 3. REFERENCES. 
Except as expressly provided otherwise, any reference to ‘‘this 
Act’’ contained in any division of this Act shall be treated as 
referring only to the provisions of that division. 
DIVISION A—DEPARTMENT OF DEFENSE 
APPROPRIATIONS 
The following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2010, for military functions administered by the 
Department of Defense and for other purposes, namely: 
Department of 
Defense 
Appropriations 
Act, 2010. 
1 USC 1 note. 
Department of 
Defense 
Appropriations 
Act, 2010. 
Dec. 19, 2009 
[H.R. 3326] 
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123 STAT. 3410 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 sta-
tions, 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 sta-
tions, 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 sta-
tions, 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 Retire-
ment 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 sta-
tions, for members of the Air Force on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; for members of the Reserve Officers’ Training Corps; and 
for payments pursuant to section 156 of Public Law 97–377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $26,174,136,000. 
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123 STAT. 3411 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 under-
going 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 per-
forming duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and expenses authorized 
by section 16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$1,589,412,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
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123 STAT. 3412 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 under-
going 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 pay-
ments may be made on his certificate of necessity for confidential 
military purposes, $34,714,396,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
by law, $5,539,117,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
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123 STAT. 3413 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 Depart-
ment of Defense (other than the military departments), as author-
ized 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 avail-
able for the Procurement Technical Assistance Cooperative Agree-
ment 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 Sec-
retary of Defense, the office of the Secretary of a military depart-
ment, 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 mainte-
nance 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 equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $2,617,496,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
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123 STAT. 3414 
PUBLIC LAW 111–118—DEC. 19, 2009 
administration, of the Navy Reserve; repair of facilities and equip-
ment; 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 transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, 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, oper-
ation, 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 specifi-
cally 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, modifica-
tion, 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 per-
sonnel on active Federal duty, for Air National Guard commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National 
Guard Bureau, $5,882,251,000. 
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123 STAT. 3415 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 avail-
able 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 avail-
able until transferred: Provided, That the Secretary of the Navy 
shall, upon determining that such funds are required for environ-
mental 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 appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That the transfer authority provided under this heading 
is in addition to any other transfer authority provided elsewhere 
in this Act. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $494,276,000, to remain 
available until transferred: Provided, That the Secretary of the 
Air Force shall, upon determining that such funds are required 
for environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department 
of the Air Force, or for similar purposes, transfer the funds made 
Determinations. 
Determinations. 
Determination. 
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123 STAT. 3416 
PUBLIC LAW 111–118—DEC. 19, 2009 
available by this appropriation to other appropriations made avail-
able 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 avail-
able until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environ-
mental 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 appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation 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 avail-
able by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be 
available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, Disaster, 
and Civic Aid programs of the Department of Defense (consisting 
of the programs provided under sections 401, 402, 404, 407, 2557, 
Determinations. 
Determination. 
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123 STAT. 3417 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 compo-
nents, and weapon-related technology and expertise; for programs 
relating to the training and support of defense and military per-
sonnel 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 Sep-
tember 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 Develop-
ment 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; special-
ized 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; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
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123 STAT. 3418 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 ord-
nance, 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 secu-
rity of personnel, notwithstanding price limitations applicable to 
passenger vehicles but not to exceed $250,000 per vehicle; commu-
nications and electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $8,582,660,000, to 
remain available for obligation until September 30, 2012. 
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123 STAT. 3419 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 expan-
sion of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, as follows: 
Carrier Replacement Program, $739,269,000; 
Carrier Replacement Program (AP), $484,432,000; 
NSSN, $1,964,317,000; 
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123 STAT. 3420 
PUBLIC LAW 111–118—DEC. 19, 2009 
NSSN (AP), $1,959,725,000; 
CVN Refueling, $1,563,602,000; 
CVN Refuelings (AP), $211,820,000; 
DDG–1000 Program, $1,382,797,000; 
DDG–51 Destroyer, $1,912,267,000; 
DDG–51 Destroyer (AP), $578,996,000; 
Littoral Combat Ship, $1,080,000,000; 
LPD–17, $872,392,000; 
LPD–17 (AP), $184,555,000; 
LHA–R (AP), $170,000,000; 
Intratheater Connector, $177,956,000; 
LCAC Service Life Extension Program, $63,857,000; 
Prior year shipbuilding costs, $144,950,000; 
Service Craft, $3,694,000; and 
For outfitting, post delivery, conversions, and first destina-
tion transportation, $386,903,000. 
In all: $13,881,532,000, to remain available for obligation until 
September 30, 2014: Provided, That additional obligations may 
be incurred after September 30, 2014, for engineering services, 
tests, evaluations, and other such budgeted work that must be 
performed in the final stage of ship construction: Provided further, 
That none of the funds provided under this heading for the construc-
tion 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 fur-
ther, That none of the funds provided under this heading shall 
be used for the construction of any naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized 
for conversion); the purchase of passenger motor vehicles for 
replacement only, and the purchase of seven vehicles required for 
physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $250,000 per 
vehicle; expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval 
of title; and procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
$5,441,234,000, to remain available for obligation until September 
30, 2012. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare 
parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment 
layaway; vehicles for the Marine Corps, including the purchase 
of passenger motor vehicles for replacement only; and expansion 
of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, 
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123 STAT. 3421 
PUBLIC LAW 111–118—DEC. 19, 2009 
$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 han-
dling 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 equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $13,295,474,000, 
to remain available for obligation until September 30, 2012; Pro-
vided, 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 require-
ment 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 struc-
tures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $5,995,544,000, to remain available for 
obligation until September 30, 2012. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $801,550,000, to 
remain available for obligation until September 30, 2012. 
Certification. 
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123 STAT. 3422 
PUBLIC LAW 111–118—DEC. 19, 2009 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground elec-
tronic 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, notwith-
standing 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 struc-
tures, 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 sec-
tions 108, 301, 302, and 303 of the Defense Production Act of 
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $150,746,000, 
to remain available until expended. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$11,474,180,000, to remain available for obligation until September 
30, 2011. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
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123 STAT. 3423 
PUBLIC LAW 111–118—DEC. 19, 2009 
$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 avail-
able 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 Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in 
connection therewith, $190,770,000, to remain available for obliga-
tion until September 30, 2011. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For the Defense Working Capital Funds, $1,455,004,000. 
NATIONAL DEFENSE SEALIFT FUND 
For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, 
as established by section 11 of the Merchant Ship Sales Act of 
1946 (50 U.S.C. App. 1744), and for the necessary expenses to 
maintain and preserve a U.S.-flag merchant fleet to serve the 
national security needs of the United States, $1,672,758,000, to 
remain available until expended: Provided, That none of the funds 
provided in this paragraph shall be used to award a new contract 
that provides for the acquisition of any of the following major 
Contracts. 
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123 STAT. 3424 
PUBLIC LAW 111–118—DEC. 19, 2009 
components unless such components are manufactured in the 
United States: auxiliary equipment, including pumps, for all ship-
board services; propulsion system components (engines, reduction 
gears, and propellers); shipboard cranes; and spreaders for ship-
board cranes: Provided further, That the exercise of an option 
in a contract awarded through the obligation of previously appro-
priated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military depart-
ment 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 Representa-
tives and the Senate that adequate domestic supplies are not avail-
able 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 oper-
ation 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 activi-
ties undertaken in connection with United States military training, 
exercises, and humanitarian assistance activities conducted pri-
marily in African nations. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions, to include construction of facilities, in accordance 
with the provisions of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction 
of other chemical warfare materials that are not in the chemical 
weapon stockpile, $1,560,760,000, of which $1,146,802,000 shall 
be for operation and maintenance, of which no less than 
$84,839,000, shall be for the Chemical Stockpile Emergency 
Preparedness Program, consisting of $34,905,000 for activities on 
military installations and $49,934,000, to remain available until 
September 30, 2011, to assist State and local governments; 
$12,689,000 shall be for procurement, to remain available until 
September 30, 2012, of which no less than $12,689,000 shall be 
for the Chemical Stockpile Emergency Preparedness Program to 
assist State and local governments; and $401,269,000, to remain 
Waiver authority. 
Certification. 
Contracts. 
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123 STAT. 3425 
PUBLIC LAW 111–118—DEC. 19, 2009 
available until September 30, 2011, shall be for research, develop-
ment, test and evaluation, of which $398,669,000 shall only be 
for the Assembled Chemical Weapons Alternatives (ACWA) pro-
gram. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
(INCLUDING TRANSFER OF FUNDS) 
For drug interdiction and counter-drug activities of the Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents 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: Pro-
vided, 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, notwith-
standing 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, sup-
plies, 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 pro-
viding 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 impro-
vised explosive devices, and details on the execution of the Fund: 
Provided further, That the Secretary of Defense may transfer funds 
provided herein to appropriations for operation and maintenance; 
procurement; research, development, test and evaluation; and 
defense working capital funds to accomplish the purpose provided 
herein: Provided further, That amounts transferred shall be merged 
with and available for the same purposes and time period as the 
appropriations to which transferred: Provided further, That this 
transfer authority is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That 
the Secretary of Defense shall, not fewer than 15 days prior to 
Deadline. 
Notification. 
Reports. 
Deadlines. 
Deadline. 
Management 
plan. 
Determination. 
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123 STAT. 3426 
PUBLIC LAW 111–118—DEC. 19, 2009 
making transfers from this appropriation, notify the congressional 
defense committees in writing of the details of any such transfer. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses and activities of the Office of the Inspector Gen-
eral 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 Manage-
ment 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 author-
ized by the Congress. 
SEC. 8002. During the current fiscal year, provisions of law 
prohibiting the payment of compensation to, or employment of, 
any person not a citizen of the United States shall not apply 
to personnel of the Department of Defense: Provided, That salary 
increases granted to direct and indirect hire foreign national 
employees of the Department of Defense funded by this Act shall 
not be at a rate in excess of the percentage increase authorized 
by law for civilian employees of the Department of Defense whose 
pay is computed under the provisions of section 5332 of title 5, 
United States Code, or at a rate in excess of the percentage increase 
provided by the appropriate host nation to its own employees, 
whichever is higher: Provided further, That this section shall not 
apply to Department of Defense foreign service national employees 
serving at United States diplomatic missions whose pay is set 
by the Department of State under the Foreign Service Act of 1980: 
Provided further, That the limitations of this provision shall not 
apply to foreign national employees of the Department of Defense 
in the Republic of Turkey. 
Turkey. 
Pay rates. 
Foreign 
nationals. 
10 USC 1584 
note. 
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123 STAT. 3427 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 Depart-
ment of Defense or funds made available in this Act to the Depart-
ment 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 Sec-
retary 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 trans-
fers 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 commit-
tees prior to any such obligation. 
SEC. 8006. (a) With regard to the list of specific programs, 
projects, and activities (and the dollar amounts and adjustments 
to budget activities corresponding to such programs, projects, and 
activities) contained in the tables titled ‘‘Explanation of Project 
Level Adjustments’’ in the explanatory statement regarding this 
Act, the obligation and expenditure of amounts appropriated or 
otherwise made available in this Act for those programs, projects, 
and activities for which the amounts appropriated exceed the 
amounts requested are hereby required by law to be carried out 
in the manner provided by such tables to the same extent as 
if the tables were included in the text of this Act. 
(b) Amounts specified in the referenced tables described in 
subsection (a) shall not be treated as subdivisions of appropriations 
Notification. 
Deadline. 
Reprogramming 
request. 
Notification. 
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123 STAT. 3428 
PUBLIC LAW 111–118—DEC. 19, 2009 
for purposes of section 8005 of this Act: Provided, That section 
8005 shall apply when transfers of the amounts described in sub-
section (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 congres-
sional 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 appro-
priate, 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 infra-
structure and training areas, and improved access to these ranges. 
(TRANSFER OF FUNDS) 
SEC. 8009. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds: Provided further, 
That transfers may be made between working capital funds and 
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 
the ‘‘Operation and Maintenance’’ appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, with 
the approval of the Office of Management and Budget, except that 
such transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital 
funds in this Act, no obligations may be made against a working 
capital fund to procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC. 8010. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees. 
SEC. 8011. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one 
Contracts. 
Notifications. 
Deadlines. 
10 USC 2306b 
note. 
Notification. 
Deadline. 
Notification. 
Notification. 
Certification. 
Deadline. 
Reports. 
Applicability. 
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123 STAT. 3429 
PUBLIC LAW 111–118—DEC. 19, 2009 
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: Pro-
vided, 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: Pro-
vided 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 con-
tract 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 appro-
priated 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 Terri-
tories of the Pacific Islands and freely associated states of Micro-
nesia, pursuant to the Compact of Free Association as authorized 
Humanitarian 
assistance. 
Territories. 
Reports. 
Reports. 
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123 STAT. 3430 
PUBLIC LAW 111–118—DEC. 19, 2009 
by Public Law 99–239: Provided further, That upon a determination 
by the Secretary of the Army that such action is beneficial for 
graduate medical education programs conducted at Army medical 
facilities located in Hawaii, the Secretary of the Army may authorize 
the provision of medical services at such facilities and transpor-
tation 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 documenta-
tion 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 per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or 
(B) $10,000,000; and 
Determination. 
Contracts. 
Outsourcing. 
Applicability. 
Lobbying. 
Budget request. 
Effective date. 
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123 STAT. 3431 
PUBLIC LAW 111–118—DEC. 19, 2009 
(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 insur-
ance 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 con-
tribute 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 adminis-
trative 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 activi-
ties. 
(TRANSFER OF FUNDS) 
SEC. 8017. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the 
National Defense Authorization Act for Fiscal Year 1991 (Public 
Law 101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority contained 
in this Act. 
SEC. 8018. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its departments 
Vessels. 
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123 STAT. 3432 
PUBLIC LAW 111–118—DEC. 19, 2009 
and agencies) of welded shipboard anchor and mooring chain 4 
inches in diameter and under unless the anchor and mooring chain 
are manufactured in the United States from components which 
are substantially manufactured in the United States: Provided, 
That for the purpose of this section, the term ‘‘manufactured’’ shall 
include cutting, heat treating, quality control, testing of chain and 
welding (including the forging and shot blasting process): Provided 
further, That for the purpose of this section substantially all of 
the components of anchor and mooring chain shall be considered 
to be produced or manufactured in the United States if the aggre-
gate 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 Depart-
ment 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 ammuni-
tion 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 Sec-
retary 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 subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25, 
United States Code, shall be considered a contractor for the pur-
poses 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 acquisi-
tion of commercial items produced or manufactured, in whole or 
in part by any subcontractor or supplier defined in section 1544 
of title 25, United States Code, or a small business owned and 
Applicability. 
Contracts. 
Waiver authority. 
Certification. 
Arms and 
munitions. 
Certification. 
Waiver authority. 
Certification. 
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123 STAT. 3433 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 Authoriza-
tion 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 Procure-
ment, 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 (depart-
ment) 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 mem-
bership corporation consisting of a consortium of other FFRDCs 
and other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to 
any defense FFRDC, except when acting in a technical advisory 
capacity, may be compensated for his or her services as a member 
of such entity, or as a paid consultant by more than one FFRDC 
in a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed travel 
expenses and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of membership 
duties. 
(c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal 
year 2010 may be used by a defense FFRDC, through a fee or 
other payment mechanism, for construction of new buildings, for 
payment of cost sharing for projects funded by Government grants, 
Kuwait. 
Study. 
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123 STAT. 3434 
PUBLIC LAW 111–118—DEC. 19, 2009 
for absorption of contract overruns, or for certain charitable con-
tributions, 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: Pro-
vided 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 Representa-
tives and the Senate that adequate domestic supplies are not avail-
able 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 Appro-
priations 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 competi-
tion between Department of Defense depot maintenance activities 
and private firms: Provided, That the Senior Acquisition Executive 
of the military department or Defense Agency concerned, with power 
of delegation, shall certify that successful bids include comparable 
estimates of all direct and indirect costs for both public and private 
bids: Provided further, That Office of Management and Budget 
Circular A–76 shall not apply to competitions conducted under 
this section. 
Certification. 
Definition. 
10 USC 101 note. 
Waiver authority. 
Certification. 
Applicability. 
Contracts. 
Reports. 
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123 STAT. 3435 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 para-
graph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States 
that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the 
United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
(b) The Secretary of Defense shall submit to the Congress 
a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2010. Such report shall separately 
indicate the dollar value of items for which the Buy American 
Act was waived pursuant to any agreement described in subsection 
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), 
or any international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy American Act’’ 
means title III of the Act entitled ‘‘An Act making appropriations 
for the Treasury and Post Office Departments for the fiscal year 
ending June 30, 1934, and for other purposes’’, approved March 
3, 1933 (41 U.S.C. 10a et seq.). 
SEC. 8031. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 
2687 note) shall be available until expended for the payments 
specified by section 2921(c)(2) of that Act. 
SEC. 8032. (a) Notwithstanding any other provision of law, 
the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States 
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
and Minnesota relocatable military housing units located at Grand 
Forks Air Force Base, Malmstrom Air Force Base, Mountain Home 
Air Force Base, Ellsworth Air Force Base, and Minot Air Force 
Base that are excess to the needs of the Air Force. 
(b) The Secretary of the Air Force shall convey, at no cost 
to the Air Force, military housing units under subsection (a) in 
accordance with the request for such units that are submitted 
to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of Nevada, Idaho, 
North Dakota, South Dakota, Montana, Oregon, and Minnesota. 
(c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the 
Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any recognized 
Indian tribe included on the current list published by the Secretary 
of the Interior under section 104 of the Federally Recognized Indian 
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 
479a–1). 
Definition. 
Land conveyance. 
Housing. 
Native 
Americans. 
State listing. 
Definition. 
Reports. 
Memorandum. 
Determination. 
Contracts. 
Rescission. 
41 USC 10b–2 
note. 
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123 STAT. 3436 
PUBLIC LAW 111–118—DEC. 19, 2009 
SEC. 8033. During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment 
item unit cost of not more than $250,000. 
SEC. 8034. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for 
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense 
Working Capital Funds if such an item would not have been charge-
able 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 documenta-
tion 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 budg-
eted 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 appro-
priated for the Reserve for Contingencies, which shall remain avail-
able 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 develop-
ment acquisition, for agent operations, and for covert action pro-
grams 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 Gen-
eral 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 dam-
age, and developing a system for prioritization of mitigation and 
cost to complete estimates for mitigation, on Indian lands resulting 
from Department of Defense activities. 
SEC. 8038. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense unless 
the entity, in expending the funds, complies with the Buy American 
50 USC 403u 
note. 
Budget request. 
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123 STAT. 3437 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 con-
tracting 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 Con-
gress 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 serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment 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 limita-
tion 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 head-
quarters. 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by- 
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate 
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department. 
(c) This section does not apply to— 
(1) field operating agencies funded within the National 
Intelligence Program; or 
Waiver authority. 
Determination. 
Certification. 
Determination. 
Contracts. 
Determination. 
Determination. 
Labeling. 
Fraud. 
Debarment. 
Definition. 
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123 STAT. 3438 
PUBLIC LAW 111–118—DEC. 19, 2009 
(2) an Army field operating agency established to eliminate, 
mitigate, or counter the effects of improvised explosive devices, 
and, as determined by the Secretary of the Army, other similar 
threats. 
SEC. 8041. The Secretary of Defense, notwithstanding any other 
provision of law, acting through the Office of Economic Adjustment 
of the Department of Defense, may use funds made available in 
this Act under the heading ‘‘Operation and Maintenance, 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) techni-
cians 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 reduc-
tion on military (civilian) technicians, unless such reductions are 
a direct result of a reduction in military force structure. 
SEC. 8044. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People’s Republic of Korea unless specifically 
appropriated for that purpose. 
SEC. 8045. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred 
against appropriations for the National Guard and Reserve when 
members of the National Guard and Reserve provide intelligence 
or counterintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the activities 
and programs included within the National Intelligence Program 
and the Military Intelligence Program: Provided, That nothing in 
this section authorizes deviation from established Reserve and 
National Guard personnel and training procedures. 
North Korea. 
Grants. 
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123 STAT. 3439 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 facili-
ties 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 reduc-
tions 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 appropria-
tions 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: Pro-
vided, 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 Appropria-
tions 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 pur-
poses: Provided further, That this restriction shall not apply to 
the purchase of ‘‘commercial items’’, as defined by section 4(12) 
of the Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items. 
SEC. 8049. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security purposes 
that is not available from United States manufacturers. 
SEC. 8050. None of the funds made available in this or any 
other Act may be used to pay the salary of any officer or employee 
of the Department of Defense who approves or implements the 
transfer of administrative responsibilities or budgetary resources 
of any program, project, or activity financed by this Act to the 
jurisdiction of another Federal agency not financed by this Act 
without the express authorization of Congress: Provided, That this 
limitation shall not apply to transfers of funds expressly provided 
for in Defense Appropriations Acts, or provisions of Acts providing 
supplemental appropriations for the Department of Defense. 
SEC. 8051. (a) Notwithstanding any other provision of law, 
none of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to 
another nation or an international organization any defense articles 
or services (other than intelligence services) for use in the activities 
Notification. 
Deadline. 
Salaries. 
Certification. 
Applicability. 
Waiver authority. 
Certification. 
Ball and roller 
bearings. 
50 USC 403f 
note. 
Drugs and drug 
abuse. 
10 USC 374 note. 
Waiver authority. 
Certification. 
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123 STAT. 3440 
PUBLIC LAW 111–118—DEC. 19, 2009 
described in subsection (b) unless the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of Representa-
tives, 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-enforce-
ment, 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 bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired or closed account if— 
Contracts. 
Applicability. 
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123 STAT. 3441 
PUBLIC LAW 111–118—DEC. 19, 2009 
(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 appropria-
tion 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 Depart-
ment of Defense Appropriations Act, 2001 (Public Law 106–259; 
114 Stat. 705) shall be treated as active service for purposes of 
the computation under chapter 61, 71, 371, 571, 871, or 1223 
of title 10, United States Code, as applicable, of the retired pay 
to which such individual may be entitled under title 10, United 
States Code. 
(b) APPLICABILITY.—Subsection (a) shall apply with respect to 
amounts of retired pay payable under title 10, United States Code, 
for months beginning on or after the date of the enactment of 
this Act. No retired pay shall be paid to any individual by reason 
of subsection (a) for any period before that date. 
(c) WORLD WAR II DEFINED.—In this section, the term ‘‘World 
War II’’ has the meaning given that term in section 101(8) of 
title 38, United States Code. 
SEC. 8056. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. The 
Chief of the National Guard Bureau shall establish the amount 
of reimbursement for such use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be credited 
to funds available for the National Guard Distance Learning Project 
and be available to defray the costs associated with the use of 
equipment of the project under that subsection. Such funds shall 
be available for such purposes without fiscal year limitation. 
SEC. 8057. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a determination 
under section 2690 of title 10, United States Code, may implement 
cost-effective agreements for required heating facility modernization 
in the Kaiserslautern Military Community in the Federal Republic 
of Germany: Provided, That in the City of Kaiserslautern such 
agreements will include the use of United States anthracite as 
the base load energy for municipal district heat to the United 
States Defense installations: Provided further, That at Landstuhl 
Army Regional Medical Center and Ramstein Air Base, furnished 
Anthracite. 
Germany. 
Reimbursement. 
10 USC 1401 
note. 
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123 STAT. 3442 
PUBLIC LAW 111–118—DEC. 19, 2009 
heat may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United States 
coal as an energy source. 
SEC. 8058. None of the funds appropriated in title IV of this 
Act may be used to procure end-items for delivery to military 
forces for operational training, operational use or inventory require-
ments: 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 
Human rights. 
Applicability. 
Waiver authority. 
Determination. 
Waiver authority. 
Certification. 
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123 STAT. 3443 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 Sec-
retary of State, may waive the prohibition in subsection (a) if 
he determines that such waiver is required by extraordinary cir-
cumstances. 
(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 extraor-
dinary 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 propul-
sion diesel engines and propulsors are manufactured in the United 
States by a domestically operated entity: Provided, That the Sec-
retary 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 dem-
onstration 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, Subcommit-
tees on Defense on certain matters as directed in the classified 
annex accompanying this Act. 
SEC. 8066. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide 
support to another department or agency of the United States 
if such department or agency is more than 90 days in arrears 
in making payment to the Department of Defense for goods or 
services previously provided to such department or agency on a 
reimbursable basis: Provided, That this restriction shall not apply 
if the department is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is providing 
Classified 
information. 
Reports. 
Deadlines. 
Effective date. 
Reports. 
Waiver authority. 
Certification. 
Vessels. 
Deadline. 
Reports. 
Waiver authority. 
Determination. 
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123 STAT. 3444 
PUBLIC LAW 111–118—DEC. 19, 2009 
the requested support pursuant to such authority: Provided further, 
That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate 
that it is in the national security interest to do so. 
SEC. 8067. Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard 
serving on full-time National Guard duty under section 502(f) of 
title 32, United States Code, may perform duties in support of 
the ground-based elements of the National Ballistic Missile Defense 
System. 
SEC. 8068. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of ‘‘armor 
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 
(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an 
entity performing demilitarization services for the Department of 
Defense under a contract that requires the entity to demonstrate 
to the satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization 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 bev-
erages and wine shall apply to all alcoholic beverages only for 
military installations in States which are not contiguous with 
another State: Provided further, That alcoholic beverages other 
than wine and malt beverages, in contiguous States and the District 
of Columbia shall be procured from the most competitive source, 
price and other factors considered. 
SEC. 8071. Funds available to the Department of Defense for 
the Global Positioning System during the current fiscal year may 
be used to fund civil requirements associated with the satellite 
Applicability. 
Alcohol and 
alcoholic 
beverages. 
Waiver authority. 
Time period. 
Arms and 
munitions. 
Waiver authority. 
Certification. 
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PUBLIC LAW 111–118—DEC. 19, 2009 
and ground control segments of such system’s modernization pro-
gram. 
(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 notwith-
standing 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 deter-
mines 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 Appro-
priations 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 con-
fronted 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 pro-
gram, $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, regula-
tions and procedures: Provided further, That funds made available 
under this provision for production of missiles and missile compo-
nents may be transferred to appropriations available for the 
procurement of weapons and equipment, to be merged with and 
to be available for the same time period and the same purposes 
as the appropriation to which transferred: Provided further, That 
the transfer authority provided under this provision is in addition 
to any other transfer authority contained in this Act. 
Grants. 
Fisher House 
Foundation, Inc. 
Applicability. 
10 USC 113 note. 
Contracts. 
Real property. 
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123 STAT. 3446 
PUBLIC LAW 111–118—DEC. 19, 2009 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8076. Of the amounts appropriated in this Act under 
the heading ‘‘Shipbuilding and Conversion, Navy’’, $144,950,000 
shall be available until September 30, 2010, to fund prior year 
shipbuilding cost increases: Provided, That upon enactment of this 
Act, the Secretary of the Navy shall transfer such funds to the 
following appropriations in the amounts specified: Provided further, 
That the amounts transferred shall be merged with and be available 
for the same purposes as the appropriations to which transferred: 
To: 
Under the heading ‘‘Shipbuilding and Conversion, 
Navy, 2004/2010’’: 
New SSN, $26,906,000; and 
LPD–17 Amphibious Transport Dock Program, 
$16,844,000. 
Under the heading ‘‘Shipbuilding and Conversion, 
Navy, 2005/2010’’: 
New SSN, $18,702,000; and 
LPD–17 Amphibious Transport Dock Program, 
$16,498,000. 
Under the heading ‘‘Shipbuilding and Conversion, 
Navy, 2008/2012’’: 
LPD–17 Amphibious Transport Dock Program, 
$66,000,000. 
SEC. 8077. None of the funds available to the Department 
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command administrative and oper-
ational 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 regu-
lation, 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 Hygien-
ists, Psychology Technicians, Social Service Assistants, Prac-
tical Nurses, Nursing Assistants, and Dental Hygienists: 
(A) The requirements of section 7403(g)(1)(A) of title 
38, United States Code, shall apply. 
(B) The limitations of section 7403(g)(1)(B) of title 38, 
United States Code, shall not apply. 
SEC. 8079. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes 
of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2010 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2010. 
SEC. 8080. None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming 
of funds that creates or initiates a new program, project, or activity 
Notification. 
Applicability. 
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123 STAT. 3447 
PUBLIC LAW 111–118—DEC. 19, 2009 
unless such program, project, or activity must be undertaken imme-
diately 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 avail-
able 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 concentra-
tions 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 pro-
grams 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 mainte-
nance 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 pur-
pose. 
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 docu-
ments 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 descrip-
tion of the funding requested for each contingency operation, for 
each military service, to include all Active and Reserve components, 
and for each appropriations account: Provided further, That these 
documents shall include estimated costs for each element of expense 
or object class, a reconciliation of increases and decreases for each 
contingency operation, and programmatic data including, but not 
limited to, troop strength for each Active and Reserve component, 
and estimates of the major weapons systems deployed in support 
of each contingency: Provided further, That these documents shall 
Federal budget. 
10 USC 221 note. 
Grants. 
Center for 
Military 
Recruitment, 
Assessment and 
Veterans 
Employment. 
Grants. 
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123 STAT. 3448 
PUBLIC LAW 111–118—DEC. 19, 2009 
include budget exhibits OP–5 and OP–32 (as defined in the Depart-
ment of Defense Financial Management Regulation) for all contin-
gency 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 appro-
priated 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 Deteriora-
tion 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 Vet-
erans 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 Recon-
naissance mission below the levels funded in this Act: Provided, 
That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season. 
SEC. 8087. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during 
the conduct of authorized foreign intelligence activities: Provided, 
That information pertaining to United States persons shall only 
be handled in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as implemented 
through Executive Order No. 12333. 
SEC. 8088. (a) At the time members of reserve components 
of the Armed Forces are called or ordered to active duty under 
section 12302(a) of title 10, United States Code, each member 
shall be notified in writing of the expected period during which 
the member will be mobilized. 
(b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that 
it is necessary to do so to respond to a national security emergency 
or to meet dire operational requirements of the Armed Forces. 
Waiver authority. 
Determination. 
Notification. 
Deployment. 
Foreign 
intelligence. 
53rd Weather 
Reconnaissance 
Squadron. 
Grants. 
Nuclear arms. 
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123 STAT. 3449 
PUBLIC LAW 111–118—DEC. 19, 2009 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8089. The Secretary of Defense may transfer funds from 
any available Department of the Navy appropriation to any avail-
able Navy ship construction appropriation for the purpose of liqui-
dating necessary changes resulting from inflation, market fluctua-
tions, or rate adjustments for any ship construction program appro-
priated 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 regu-
lation, 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 Secu-
rity Cooperation activities such as humanitarian assistance, and 
payment of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds made avail-
able for this purpose may be used, notwithstanding any other 
funding authorities for humanitarian assistance, security assistance 
or combined exercise expenses: Provided further, That funds may 
not be obligated to provide assistance to any foreign country that 
Notification. 
Deadline. 
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123 STAT. 3450 
PUBLIC LAW 111–118—DEC. 19, 2009 
is otherwise prohibited from receiving such type of assistance under 
any other provision of law. 
SEC. 8095. None of the funds appropriated by this Act for 
programs of the Office of the Director of National Intelligence 
shall remain available for obligation beyond the current fiscal year, 
except for funds appropriated for research and technology, which 
shall remain available until September 30, 2011. 
SEC. 8096. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 
considered to be for the same purpose as any subdivision under 
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations 
in any prior fiscal year, and the 1 percent limitation shall apply 
to the total amount of the appropriation. 
SEC. 8097. Notwithstanding any other provision of this Act, 
to reflect savings from revised economic assumptions, the total 
amount appropriated in title II of this Act is hereby reduced by 
$194,000,000, the total amount appropriated in title III of this 
Act is hereby reduced by $322,000,000, the total amount appro-
priated 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 environ-
mental 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 des-
ignate 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 Justifica-
tion. 
(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 nego-
tiated indirect cost rates on a contract, grant, or cooperative agree-
ment (or similar arrangement) entered into by the Department 
of Defense and an entity in excess of 35 percent of the total 
cost of the contract, grant, or agreement (or similar arrangement): 
Contracts. 
Grants. 
50 USC 415a–2 
note. 
Designation. 
10 USC 221 note. 
Allocation. 
Applicability. 
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123 STAT. 3451 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 authori-
ties 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 appro-
priate, 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 intel-
ligence committees that such reprogramming or transfer is nec-
essary 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 Com-
mittee 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 Appropria-
tions 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 Depart-
ment of Defense Financial Management Regulation Department 
of Defense Instruction 7000.14, Volume 12, Chapter 23 ‘‘Contin-
gency Operations’’, Annex 1, dated September 2005. 
SEC. 8107. The amounts appropriated in title II of this Act 
are hereby reduced by $400,000,000 to reflect excess cash balances 
in Department of Defense Working Capital Funds, as follows: 
(1) 
From 
‘‘Operation 
and 
Maintenance, 
Army’’, 
$150,000,000; and 
(2) From ‘‘Operation and Maintenance, Air Force’’, 
$250,000,000. 
Reports. 
Deadline. 
Definition. 
Submission. 
50 USC 415a–3. 
Certification. 
Deadline. 
Reports. 
Web link. 
Applicability. 
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123 STAT. 3452 
PUBLIC LAW 111–118—DEC. 19, 2009 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8108. (a) CONTINUATION OF STOP-LOSS SPECIAL PAY.— 
Funds appropriated by this Act, or made available by the transfer 
of funds in this Act, shall be made available to the Secretaries 
of the military departments only to provide special pay during 
fiscal year 2010 to members of the Army, Navy, Air Force, and 
Marine Corps, including members of their reserve components, who, 
at any time during fiscal year 2010, serve on active duty while 
the members’ enlistment or period of obligated service is extended, 
or whose eligibility for retirement is suspended, pursuant to section 
123 or 12305 of title 10, United States Code, or any other provision 
of law (commonly referred to as a ‘‘stop-loss authority’’) authorizing 
the President to extend an enlistment or period of obligated service, 
or suspend an eligibility for retirement, of a member of the uni-
formed 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 mem-
bers— 
‘‘(1) voluntarily reenlisted or extended their service after 
their enlistment or period of obligated service was extended, 
or after their eligibility for retirement was suspended, pursuant 
to a stop-loss authority; and 
‘‘(2) received a bonus for such reenlistment or extension 
of service.’’. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8109. During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of 
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and 
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ 
may be transferred by the military department concerned to its 
central fund established for Fisher Houses and Suites pursuant 
to section 2493(d) of title 10, United States Code. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8110. Of the funds appropriated in the Intelligence 
Community Management Account for the Program Manager for 
the Information Sharing Environment, $24,000,000 is available for 
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123 STAT. 3453 
PUBLIC LAW 111–118—DEC. 19, 2009 
transfer by the Director of National Intelligence to other depart-
ments 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 remit-
tances 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 avail-
able 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 Pro-
grams. 
(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 depreda-
tions, 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, mal-
treatment, 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 relation-
ships 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 rec-
onciliation efforts with recognized Indian tribes located in their 
boundaries and encourages all State governments similarly to 
work toward reconciling relationships with Indian tribes within 
their boundaries. 
(b) DISCLAIMER.—Nothing in this section— 
(1) authorizes or supports any claim against the United 
States; or 
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123 STAT. 3454 
PUBLIC LAW 111–118—DEC. 19, 2009 
(2) serves as a settlement of any claim against the United 
States. 
SEC. 8114. (a) Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by 
the Congress in this or any other Act, upon the determination 
by the head of the agency that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises national 
security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall do so 
only after such report has been made available to the requesting 
Committee or Committees of Congress for no less than 45 days. 
SEC. 8115. (a) It is the sense of Congress that— 
(1) All of the National Nuclear Security Administration 
sites, including the Nevada Test Site can play an effective 
and essential role in developing and demonstrating— 
(A) innovative and effective methods for treaty 
verification and the detection of nuclear weapons and other 
materials; and 
(B) related threat reduction technologies; and 
(2) the Administrator for Nuclear Security should expand 
the mission of the Nevada Test Site to carry out the role 
described in paragraph (1), including by— 
(A) fully utilizing the inherent capabilities and 
uniquely secure location of the Site; 
(B) continuing to support the Nation’s nuclear weapons 
program and other national security programs; and 
(C) renaming the Site to reflect the expanded mission 
of the Site. 
(b) Not later than one year after the date of the enactment 
of this Act, the Administrator for Nuclear Security shall submit 
to the congressional defense committees and the Subcommittees 
on Energy and Water Development of the Committees on Appropria-
tions 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 jurisdic-
tion 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 reduc-
tion 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 con-
tract 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 con-
tractor agrees not to: 
(1) enter into any agreement with any of its employees 
or independent contractors that requires, as a condition of 
employment, that the employee or independent contractor agree 
to resolve through arbitration any claim under title VII of 
the Civil Rights Act of 1964 or any tort related to or arising 
Contracts. 
Time period. 
Deadline. 
Infrastructure 
plan. 
Time period. 
Web posting. 
Reports. 
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123 STAT. 3455 
PUBLIC LAW 111–118—DEC. 19, 2009 
out of sexual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, false impris-
onment, 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, inten-
tional 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 inde-
pendent 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 sub-
contract 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 deter-
mination 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 PER-
FORMED BY FEDERAL EMPLOYEES TO CONTRACTOR PERFORMANCE.— 
None of the funds appropriated or otherwise made available by 
this Act, or that remain available for obligation for the Department 
of Defense from the Consolidated Security, Disaster Assistance, 
and Continuing Appropriations Act, 2009 (Public Law 110–329), 
the American Recovery and Reinvestment Act of 2009 (Public Law 
111–5), and the Supplemental Appropriations Act, 2009 (Public 
Law 111–32), may be used to begin or announce the competition 
to award to a contractor or convert to performance by a contractor 
any functions performed by Federal employees pursuant to a study 
conducted under Office of Management and Budget (OMB) Circular 
A–76. 
(b) EXCEPTION.—The prohibition in subsection (a) shall not 
apply to the award of a function to a contractor or the conversion 
Public 
information. 
Deadline. 
Waiver authority. 
Determination. 
Time period. 
Certification. 
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123 STAT. 3456 
PUBLIC LAW 111–118—DEC. 19, 2009 
of a function to performance by a contractor pursuant to a study 
conducted under Office of Management and Budget (OMB) Circular 
A–76 once all reporting and certifications required by section 325 
of the National Defense Authorization Act for Fiscal Year 2010 
(Public Law 111–84) have been satisfactorily completed. 
SEC. 8118. (a)(1) No National Intelligence Program funds appro-
priated 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 Trans-
formation 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 appro-
priated 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 
Reports. 
Deadlines. 
Deadline. 
Notification. 
Deadlines. 
Reports. 
Notice. 
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123 STAT. 3457 
PUBLIC LAW 111–118—DEC. 19, 2009 
the Secretary shall submit a report no later than 30 days after 
the end of each fiscal quarter to the congressional defense commit-
tees 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 regula-
tions for full and open competition on the same basis as each 
spending item intended for a for-profit entity that is contained 
in the budget request of the President. 
(b) EXCEPTIONS.—Subsection (a) shall not apply to any contract 
awarded— 
(1) by a means that is required by Federal statute, 
including for a purchase made under a mandated preferential 
program; 
(2) pursuant to the Small Business Act (15 U.S.C. 631 
et seq.); or 
(3) in an amount less than the simplified acquisition 
threshold described in section 302A(a) of the Federal Property 
and Administrative Services Act of 1949 (41 U.S.C. 252a(a)). 
(c) Any congressionally directed spending item specified in this 
Act or the explanatory statement regarding this Act that is intended 
for award to a for-profit entity and is not covered by the competition 
requirement specified in subsection (a), shall be awarded under 
full and open competition, except that any contract previously 
awarded under full and open competition that remains in effect 
during fiscal year 2010 shall be considered to have satisfied the 
conditions of full and open competition. 
(d) In this section, the term ‘‘congressionally directed spending 
item’’ means the following: 
(1) A congressionally directed spending item, as defined 
in Rule XLIV of the Standing Rules of the Senate. 
(2) A congressional earmark for purposes of rule XXI of 
the House of Representatives. 
SEC. 8122. None of the funds appropriated or otherwise made 
available by this Act may be used to award to a contractor or 
convert to performance by a contractor any functions pursuant 
to a study conducted under Office of Management and Budget 
(OMB) Circular A–76 or as part of a utility privatization authorized 
under section 2688 of title 10, United States Code or under any 
other provision of law, that are performed by Federal employees 
at the United States Military Academy, West Point, as of the 
date of enactment of this Act. 
Privatization. 
Definition. 
Earmarks. 
8 USC 1101 note. 
8 USC 1157 note. 
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123 STAT. 3458 
PUBLIC LAW 111–118—DEC. 19, 2009 
SEC. 8123. None of the funds made available under this Act 
may be distributed to the Association of Community Organizations 
for Reform Now (ACORN) or its subsidiaries. 
SEC. 8124. The explanatory statement regarding this Act 
printed in the House of Representatives section of the Congressional 
Record on or about December 16, 2010, by the Chairman of the 
Subcommittee on Defense of the Committee on Appropriations of 
the House of Representatives shall have the same effect with respect 
to the allocation of funds and implementation of this Act as if 
it were a joint explanatory statement of a committee of conference. 
TITLE IX 
OVERSEAS CONTINGENCY OPERATIONS 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, Army’’, 
$9,958,840,000. 
MILITARY PERSONNEL, NAVY 
For an additional amount for ‘‘Military Personnel, Navy’’, 
$1,388,601,000. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, Marine 
Corps’’, $778,722,000. 
MILITARY PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Military Personnel, Air Force’’, 
$1,667,376,000. 
RESERVE PERSONNEL, ARMY 
For an additional amount for ‘‘Reserve Personnel, Army’’, 
$293,137,000. 
RESERVE PERSONNEL, NAVY 
For an additional amount for ‘‘Reserve Personnel, Navy’’, 
$37,040,000. 
RESERVE PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Reserve Personnel, Marine 
Corps’’, $31,337,000. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, Air Force’’, 
$19,822,000. 
ACORN. 
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123 STAT. 3459 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 Com-
mander 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 pro-
vided to United States military operations in support of Oper-
ation Iraqi Freedom and Operation Enduring Freedom, notwith-
standing 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 deter-
mination 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 equip-
ment on a non-reimbursable basis to coalition forces supporting 
United States military operations in Iraq and Afghanistan, 
Notification. 
Notification. 
Deadlines. 
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123 STAT. 3460 
PUBLIC LAW 111–118—DEC. 19, 2009 
and 15 days following notification to the appropriate congres-
sional 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 para-
graph. 
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: Pro-
vided further, That the funds transferred shall be merged with 
and shall be available for the same purposes and for the same 
time period, as the appropriation to which transferred: Provided 
further, That the Secretary shall notify the congressional defense 
committees 15 days prior to such transfer: Provided further, That 
the transfer authority provided under this heading is in addition 
to any other transfer authority available to the Department of 
Defense. 
Notification. 
Deadline. 
Reports. 
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123 STAT. 3461 
PUBLIC LAW 111–118—DEC. 19, 2009 
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, notwith-
standing 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, sup-
plies, services, training, facility and infrastructure repair, renova-
tion, 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 pro-
vided herein from any person, foreign government, or international 
organization may be credited to this Fund and used for such pur-
poses: 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 avail-
able until September 30, 2012. 
PROCUREMENT OF AMMUNITION, ARMY 
For an additional amount for ‘‘Procurement of Ammunition, 
Army’’, $365,635,000, to remain available until September 30, 2012. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, Army’’, 
$5,800,516,000, to remain available until September 30, 2012. 
AIRCRAFT PROCUREMENT, NAVY 
For an additional amount for ‘‘Aircraft Procurement, Navy’’, 
$853,297,000, to remain available until September 30, 2012. 
Deadline. 
Notification. 
Notification. 
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123 STAT. 3462 
PUBLIC LAW 111–118—DEC. 19, 2009 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procurement, Navy’’, 
$50,700,000, to remain available until September 30, 2012. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For an additional amount for ‘‘Procurement of Ammunition, 
Navy and Marine Corps’’, $675,957,000, to remain available until 
September 30, 2012. 
OTHER PROCUREMENT, NAVY 
For an additional amount for ‘‘Other Procurement, Navy’’, 
$241,018,000, to remain available until September 30, 2012. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine Corps’’, 
$893,197,000, to remain available until September 30, 2012. 
AIRCRAFT PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 
$736,501,000, to remain available until September 30, 2012. 
MISSILE PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Missile Procurement, Air Force’’, 
$36,625,000, to remain available until September 30, 2012. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For an additional amount for ‘‘Procurement of Ammunition, 
Air Force’’, $256,819,000, to remain available until September 30, 
2012. 
OTHER PROCUREMENT, AIR FORCE 
For an additional amount for ‘‘Other Procurement, Air Force’’, 
$2,583,421,000, to remain available until September 30, 2012. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, Defense-Wide’’, 
$480,780,000, to remain available until September 30, 2012. 
NATIONAL GUARD AND RESERVE EQUIPMENT 
For procurement of aircraft, missiles, tracked combat vehicles, 
ammunition, other weapons and other procurement for the reserve 
components of the Armed Forces, $950,000,000, to remain available 
for obligation until September 30, 2012, of which $575,000,000 
shall be available only for the Army National Guard: Provided, 
That the Chiefs of National Guard and Reserve components shall, 
not later than 30 days after the enactment of this Act, individually 
submit to the congressional defense committees the modernization 
priority assessment for their respective National Guard or Reserve 
component. 
Deadline. 
Assessment. 
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123 STAT. 3463 
PUBLIC LAW 111–118—DEC. 19, 2009 
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: Pro-
vided, 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, develop-
ment, 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 appro-
priation, 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 Sep-
tember 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 Sep-
tember 30, 2011. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Air Force’’, $39,286,000, to remain available until 
September 30, 2011. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Defense-Wide’’, $112,196,000, to remain available 
until September 30, 2011. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working Capital Funds’’, 
$412,215,000. 
Deadline. 
Notification. 
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123 STAT. 3464 
PUBLIC LAW 111–118—DEC. 19, 2009 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Program’’, 
$1,256,675,000, which shall be for operation and maintenance. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Drug Interdiction and Counter- 
Drug Activities’’, $346,603,000, to remain available until September 
30, 2011. 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Joint Improvised Explosive 
Device Defeat Fund’’, $1,762,010,000, to remain available until Sep-
tember 30, 2012. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the Inspector Gen-
eral’’, $8,876,000. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of law, funds 
made available in this title are in addition to amounts appropriated 
or otherwise made available for the Department of Defense for 
fiscal year 2010. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 9002. Upon the determination of the Secretary of Defense 
that such action is necessary in the national interest, the Secretary 
may, with the approval of the Office of Management and Budget, 
transfer up to $4,000,000,000 between the appropriations or funds 
made available to the Department of Defense in this title: Provided, 
That the Secretary shall notify the Congress promptly of each 
transfer made pursuant to the authority in this section: Provided 
further, That the authority provided in this section is in addition 
to any other transfer authority available to the Department of 
Defense and is subject to the same terms and conditions as the 
authority provided in the Department of Defense Appropriations 
Act, 2010: Provided further, That the amount in this section is 
designated as being for overseas deployments and other activities 
pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 
(111th Congress), the concurrent resolution on the budget for fiscal 
year 2010. 
SEC. 9003. Supervision and administration costs associated with 
a construction project funded with appropriations available for oper-
ation and maintenance or the ‘‘Afghanistan Security Forces Fund’’ 
provided in this Act and executed in direct support of overseas 
contingency operations in Afghanistan, may be obligated at the 
time a construction contract is awarded: Provided, That for the 
Notification. 
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123 STAT. 3465 
PUBLIC LAW 111–118—DEC. 19, 2009 
purpose of this section, supervision and administration costs include 
all in-house Government costs. 
SEC. 9004. From funds made available in this title, the Sec-
retary 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 appro-
priated 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 require-
ments 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 pro-
vided a report on his findings to the congressional defense commit-
tees. 
SEC. 9006. Funds available to the Department of Defense for 
operation and maintenance may be used, notwithstanding any other 
provision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support to coalition 
forces supporting military and stability operations in Iraq and 
Afghanistan: Provided, That the Secretary of Defense shall provide 
quarterly reports to the congressional defense committees regarding 
support provided under this section. 
SEC. 9007. Each amount in this title is designated as being 
for overseas deployments and other activities pursuant to section 
401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010. 
SEC. 9008. None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended 
by the United States Government for a purpose as follows: 
(1) To establish any military installation or base for the 
purpose of providing for the permanent stationing of United 
States Armed Forces in Iraq. 
(2) To exercise United States control over any oil resource 
of Iraq. 
(3) To establish any military installation or base for the 
purpose of providing for the permanent stationing of United 
States Armed Forces in Afghanistan. 
SEC. 9009. None of the funds made available in this Act may 
be used in contravention of the following laws enacted or regulations 
promulgated to implement the United Nations Convention Against 
Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment (done at New York on December 10, 1984): 
(1) Section 2340A of title 18, United States Code. 
Iraq. 
Afghanistan. 
Deadline. 
Reports. 
Deadlines. 
Reports. 
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123 STAT. 3466 
PUBLIC LAW 111–118—DEC. 19, 2009 
(2) Section 2242 of the Foreign Affairs Reform and Restruc-
turing 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 Hurri-
canes 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 Com-
mander of the United States Central Command; the Commander, 
Multi-National Security Transition Command—Iraq; and the Com-
mander, 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 Counterinsur-
gency 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 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 congressional 
defense committees of any proposed new projects or transfers of 
funds between sub-activity groups in excess of $20,000,000 using 
funds appropriated by this or any prior Act under the headings 
‘‘Iraq Security Forces Fund’’, ‘‘Afghanistan Security Forces Fund’’, 
and ‘‘Pakistan Counterinsurgency Fund’’. 
SEC. 9011. (a) None of the funds made available in this or 
any other Act may be used to release an individual who is detained, 
as of June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, 
into the continental United States, Alaska, Hawaii, or the District 
of Columbia, into any of the United States territories of Guam, 
American Samoa (AS), the United States Virgin Islands (USVI), 
the Commonwealth of Puerto Rico and the Commonwealth of the 
Northern Mariana Islands (CNMI). 
Detainees. 
Cuba. 
Notification. 
Deadlines. 
Reports. 
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123 STAT. 3467 
PUBLIC LAW 111–118—DEC. 19, 2009 
(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, Amer-
ican 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, Amer-
ican 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 pro-
ceedings, 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 moti-
vated 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 para-
graphs (1), (2), and (7). 
(6) A copy of a notification to the Governor of the State 
to which the individual will be transferred, to the Mayor of 
the District of Columbia if the individual will be transferred 
to the District of Columbia, or to any United States territories 
with a certification by the Attorney General of the United 
States in classified form at least 14 days prior to such transfer 
(together with supporting documentation and justification) that 
the individual poses little or no security risk to the United 
States. 
(7) An assessment of any risk to the national security 
of the United States or its citizens, including members of the 
Armed Services of the United States, that is posed by such 
transfer and the actions taken to mitigate such risk. 
(e) None of the funds made available in this or any other 
Act may be used to transfer or release an individual detained 
President. 
Classified 
information. 
Deadline. 
Notification. 
Certification. 
Deadline. 
President. 
Classified 
information. 
Disposition plan. 
Deadline. 
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123 STAT. 3468 
PUBLIC LAW 111–118—DEC. 19, 2009 
at Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, 
to the country of such individual’s nationality or last habitual 
residence or to any other country other than the United States 
or to a freely associated State, unless the President submits to 
the Congress, in classified form, at least 15 days prior to such 
transfer or release, the following information: 
(1) The name of any individual to be transferred or released 
and the country or the freely associated State to which such 
individual is to be transferred or released. 
(2) An assessment of any risk to the national security 
of the United States or its citizens, including members of the 
Armed Services of the United States, that is posed by such 
transfer or release and the actions taken to mitigate such 
risk. 
(3) The terms of any agreement with the country or the 
freely associated State for the acceptance of such individual, 
including the amount of any financial assistance related to 
such agreement. 
(f) In this section, the term ‘‘freely associated States’’ means 
the Federated States of Micronesia (FSM), the Republic of the 
Marshall Islands (RMI), and the Republic of Palau. 
(g) Prior to the termination of detention operations at Naval 
Station, Guantanamo Bay, Cuba, the President shall submit to 
the Congress a report in classified form describing the disposition 
or legal status of each individual detained at the facility as of 
the date of enactment of this Act. 
SEC. 9012. (a) FUNDING FOR OUTREACH AND REINTEGRATION 
SERVICES UNDER YELLOW RIBBON REINTEGRATION PROGRAM.—Of 
the amounts appropriated or otherwise made available by title 
IX, up to $20,000,000 may be available for outreach and reintegra-
tion 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 administra-
tive expenses associated with administering the supplemental nutri-
tion assistance program established under the Food and Nutrition 
President. 
Reports. 
Classified 
information. 
Definition. 
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123 STAT. 3469 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 Nutri-
tion 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 pro-
gram 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 emer-
gency 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 Sat-
ellite Home Viewer Act of 1994 (17 U.S.C. 119 note; Public 
Law 103–369) is repealed. 
(b) AMENDMENTS TO COMMUNICATIONS ACT OF 1934.—Section 
325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is 
amended— 
(1) in paragraph (2)(C), by striking ‘‘December 31, 2009’’ 
and inserting ‘‘February 28, 2010’’; and 
(2) in paragraph (3)(C), by striking ‘‘January 1, 2010’’ each 
place it appears in clauses (ii) and (iii) and inserting ‘‘March 
1, 2010’’. 
Repeal. 
17 USC 119 note. 
Deadline. 
Grants. 
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123 STAT. 3470 
PUBLIC LAW 111–118—DEC. 19, 2009 
(c) EMERGENCY DESIGNATION.—Amounts in this section are des-
ignated as emergency requirements and necessary to meet emer-
gency needs pursuant to sections 403 and 423(b) of S. Con. Res. 
13 (111th Congress), the concurrent resolution on the budget for 
fiscal year 2010. 
SEC. 1004. (a) USA PATRIOT IMPROVEMENT AND REAUTHORIZA-
TION
ACT
OF
2005.—Section 102(b)(1) of the USA PATRIOT 
Improvement and Reauthorization Act of 2005 (Public Law 109– 
177; 120 Stat. 195) is amended by striking ‘‘December 31, 2009’’ 
and inserting ‘‘February 28, 2010’’. 
(b) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT 
OF 2004.—Section 6001(b)(1) of the Intelligence Reform and Ter-
rorism 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 Resolu-
tion, 2010 (Public Law 111–68) is amended by striking ‘‘by sub-
stituting’’ 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—Busi-
ness 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 Congres-
sional 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 obliga-
tion upon enactment of this Act: Provided further, That remaining 
amounts shall not be available for obligation until 120 days fol-
lowing signature of an agreement between the Secretary of the 
Interior, Swain County, the State of North Carolina, and the Ten-
nessee 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 avail-
able 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 Caro-
lina, $6,800,000 is hereby permanently rescinded. 
North Carolina. 
Ante, p. 153. 
Ante, p. 2047. 
50 USC 1805 and 
note, 1861, 1862. 
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123 STAT. 3471 
PUBLIC LAW 111–118—DEC. 19, 2009 
SEC. 1008. (a) For purposes of the continued extension of surface 
transportation programs and related authority to make expendi-
tures from the Highway Trust Fund and other trust funds under 
sections 157 through 162 of the Continuing Appropriations Resolu-
tion, 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 Appropria-
tions 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 fol-
lowing: ‘‘by reason of— 
‘‘(A) the amendments made by section 2001(a) of the 
Assistance for Unemployed Workers and Struggling Fami-
lies Act; 
‘‘(B) the amendments made by sections 2 through 4 
of the Worker, Homeownership, and Business Assistance 
Act of 2009; and 
‘‘(C) the amendments made by section 1009 of the 
Department of Defense Appropriations Act, 2010; and’’. 
(c) Amounts in this section are designated as emergency 
requirements and necessary to meet emergency needs pursuant 
to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), 
the concurrent resolution on the budget for fiscal year 2010. 
Ante, p. 2051. 
Ante, p. 2045. 
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123 STAT. 3472 
PUBLIC LAW 111–118—DEC. 19, 2009 
SEC. 1010. (a) EXTENSION OF ELIGIBILITY PERIOD.—Subsection 
(a)(3)(A) of section 3001 of division B of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111–5) is amended 
by striking ‘‘December 31, 2009’’ and inserting ‘‘February 28, 2010’’. 
(b) EXTENSION OF MAXIMUM DURATION OF ASSISTANCE.—Sub-
section (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 para-
graph (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 cov-
erage 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 Appropria-
tions Act, 2010. 
‘‘(ii) CONSTRUCTION.—Any period during the period 
described in subclauses (I) and (II) of clause (i) for 
which the applicable premium has been paid pursuant 
to subparagraph (A) shall be treated as a period of 
coverage referred to in such paragraph, irrespective 
of any failure to timely pay the applicable premium 
(other than pursuant to subparagraph (A)) for such 
period. 
‘‘(D) NOTIFICATION.— 
‘‘(i) IN GENERAL.—In the case of an individual who 
was an assistance eligible individual at any time on 
or after October 31, 2009, or experiences a qualifying 
event (consisting of termination of employment) 
Deadlines. 
Definition. 
Applicability. 
Deadlines. 
26 USC 6432 
note. 
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123 STAT. 3473 
PUBLIC LAW 111–118—DEC. 19, 2009 
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 amend-
ments 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 enact-
ment, 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 Depart-
ment 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 main-
tain 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 quali-
fied 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 prin-
ciples. 
SEC. 1011. (a) IN GENERAL.—Section 1848(d) of the Social Secu-
rity Act (42 U.S.C. 1395w–4(d)) is amended by adding at the end 
the following new paragraph: 
26 USC 6432 
note. 
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123 STAT. 3474 
PUBLIC LAW 111–118—DEC. 19, 2009 
‘‘(10) UPDATE FOR PORTION OF 2010.— 
‘‘(A) IN GENERAL.—Subject to paragraphs (7)(B), (8)(B), 
and (9)(B), in lieu of the update to the single conversion 
factor established in paragraph (1)(C) that would otherwise 
apply for 2010 for the period beginning on January 1, 
2010, and ending on February 28, 2010, the update to 
the single conversion factor shall be 0 percent for 2010. 
‘‘(B) NO
EFFECT
ON
COMPUTATION
OF
CONVERSION 
FACTOR FOR REMAINING PORTION OF 2010 AND SUBSEQUENT 
YEARS.—The conversion factor under this subsection shall 
be computed under paragraph (1)(A) for the period begin-
ning 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 Pro-
gram’’ in the Department of Commerce, $128,000,000 is hereby 
rescinded. 
SEC. 1014. The explanatory statement regarding this Act 
printed in the House of Representatives section of the Congressional 
Record on or about December 16, 2010, by the Chairman of the 
Subcommittee on Defense of the Committee on Appropriations of 
the House of Representatives shall have the same effect with respect 
Rescission. 
Guidelines. 
Publication. 
Time period. 
Time periods. 
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123 STAT. 3475 
PUBLIC LAW 111–118—DEC. 19, 2009 
LEGISLATIVE HISTORY—H.R. 3326: 
HOUSE REPORTS: No. 111–230 (Comm. on Appropriations). 
SENATE REPORTS: No. 111–74 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
July 29, 30, considered and passed House. 
Sept. 24, 25, 29, 30, Oct. 1, 6, considered and passed Senate, amended. 
Dec. 16, House concurred in Senate amendment with an amendment. Senate 
considered House amendment. 
Dec. 17–19, Senate considered and concurred in House amendment. 
to the allocation of funds and implementation of this Act as if 
it were a joint explanatory statement of a committee of conference. 
Approved December 19, 2009. 
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