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 123STA T . 3 4 44 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 ther e qu e s te d su p p o rt pursu an ttosu c h author i t y:Provide d fu r th er ,T hat the S ecretary o fD efense m ay w ai v e this restriction on a case -b y-case basis by certifyin g in writing to the C ommittees on A ppropriations of the H ouse of R epresentatives and the Senate that it is in the nationa l security interest to do so. S EC . 8067 . N otwithstanding section 123 10 ( b ) of title 10, U nited States Code, a Reserve who is a member of the National G uard serving on full-time National Guard duty under section 5 02(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National B allistic M issile 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 (A P )’’, ‘‘armor piercing incendiary (AP I )’’, or ‘‘armor-piercing incendiary-tracer (API – T)’’, e x cept to an entity performing demilitari z ation 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 pro j ectiles 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 L icense for Permanent E xport of Unclassified Military Articles issued by the Department of State. SEC. 806 9 . 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 drin k ) 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. F unds 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 Ap p licab ili ty. Alc oh ola nd alcoholic b ev e r a g e s . W aiver a u thority. T i m e period. Arms and munitions. Waiver authority. C erti f ication.


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 123STA T . 3 4 4 5PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 andgrou nd c on t ro lse g m ents o f suc h s y stem ’ s modern iz ation p ro - gram .(INCLUD IN GTRA N SFE R O F FUNDS )S EC. 8072 . O f the amounts appropriated in this A ct under the heading ‘ ‘Operation and M aintenance , Army’’, $1 0 6 ,7 54 ,000 shall remain a v aila b le until e x pended
 * Provide

d, T hat not w ith- standing any other provision of law, the Secretary of D efense is authorized to transfer such funds to other activities of the F ederal G overnment: Provided fu r th er, That the Secretary of Defense is authorized to enter into and carry out contracts for the ac q uisition of real property, construction, personal services, and operations related to pro j ects 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. 807 3 . Section 8106 of the Department of Defense Appro- priations Act, 1 9 97 ( titles I through V III of the matter under subsection 101(b ) of P ublic L aw 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 H ouse 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 ‘‘ R esearch, Development, Test and E valuation, Defense- W ide’’, $202,434,000 shall be for the Israeli Cooperative Programs: Provided, That of this amount, $80,092,000 shall be for the Short Range B allistic 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.Fi s he r Hou se Foun d ation ,I n c . Ap p l ica b ilit y . 10USC 11 3 note. Contracts. R eal property.

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 123STA T . 3 4 4 6PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 (INCLUD IN GTRA N SFE R O F FUNDS )S EC .8076 . Oftheamoun t s a p p r opr i ate d in this Ac t under the headin g‘ ‘Ship b ui l ding and C on v ersion ,N av y’ ’, $14 4, 95 0,000 shall be available until September 3 0, 2 010, to fund prior year shipbuilding cost increases
 * Provide

d, T hat upon enactment of this Act, the Secretary of the Navy shall transfer such funds to the follo w ing appropriations in the amounts specified: Provided fu r th er, That the amounts transferred shall be merged with and be available for the same purposes as the appropriations to which transferred: To: U nder the heading ‘‘Shipbuilding and Conversion, Navy, 2004 / 2010’’: New SSN, $26,906,000 and LPD– 17 Amphibious Transport Doc k 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 F leet 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 e x isted on October 1, 2004, shall remain in force unless changes are specifically authori z ed in a subse q uent 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 W orkers, Othotists/Prosthetists, Occupational Therapists, Physical Therapists, R ehabilitation Therapists, Respiratory Therapists, Speech Pathologists, Dietitian/Nutritionists, I ndustrial H ygien- 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 Y ear 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, pro j ect, or activity Notif i ca tio n.Ap p l ica b ilit y .


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 123STA T . 3 4 4 7PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 unles ssu chprog r am, pro j ec t ,oract iv it y must b eun d erta k en imme - diately in the interest o f national security and only after w ritten prior notification to the congressional defense committees .SEC . 80 8 1 . I n addition to funds made available elsewhere in this A ct, $5 ,500,000 is hereby appropriated and shall remain avail- able until e x pended 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
 * Provide

d, T hat 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 fu r th er, 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 F ederal 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 authori z ed pur- pose. SEC. 8082. (a) In addition to the amounts provided elsewhere in this Act, $ 3 ,000,000 is hereby appropriated to the D epartment of Defense for ‘ ‘ O peration and M aintenance, Army N ational G uard ’ ’. 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 C enter for Military R ecruitment, Assessment and V eterans E mployment, a nonprofit labor-management cooperation committee provided for by section 302(c)( 9 ) of the L abor-Management Relations Act, 19 47 (29 U .S.C. 18 6 (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 P resident 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 re q uested 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 Fed e ralbu d g e t.10USC2 21 no te. G rant s . Center f or Mi litar yR e c ruit m ent ,A ssessment and V eterans E m p loyment. Grants.


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 123STA T . 3 4 4 8PUBLIC LA W 111 – 118 —DE C.1 9, 2 0 09 includeb ud g e t e xh ibit sOP–5a nd OP– 32( as de f ined in the D e p a r t -m ent o f Defense F inancial M anagement R egulation ) for all contin- genc y operations for the budget year and the t w o preceding fiscal years .SEC . 80 8 4 . N one of the funds in this A ct may be used for research , de v elopment, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system. SEC. 8085. I n addition to the amounts appropriated or otherwise made available elsewhere in this Act, $1 10, 6 40,000 is hereby appro- priated to the Department of Defense
 * Provide

d, T hat the Secretary of Defense shall ma k e grants in the amounts specified as follows: $15,000,000 to the U nited Service Organi z ations $22,500,000 to the Red C ross; $6,000,000 to the SOAR V irtual School District; $5,000,000 to The Presidio H eritage 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 G o For B roke program; $800,000 to Our Military K ids; $3,000,000 to the New J ersey Technology Center; $1,600,000 to the W omen in Military Service for America Memorial; $500,000 to the Marshall L egacy Institute; $1,000,000 to the Vietnam Vet- erans Memorial Fund for Demining Activities; $18, 9 00,000 to the E dward 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 S q uadron 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. 808 7 . 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 a utho rit y.D eter m i n ation. N oti f i c ation. De pl oyment. F orei g n intelligence. 53 r d Weather R econnai s sance Sq uadron. G rants. Nuclear arms.


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 123STA T . 3 4 4 9PUBLIC LA W 111 – 11 8—DE C. 19 , 2 0 09 (INCLUD IN GTRA N SFE R O F FUNDS )S EC .80 8 9 . The Se cr e ta r yofD efe ns e m ay transfer f u n d s from any a v a il a b le De p artment of the N avy appropriation to any avail - able Navy ship construction appropriation for the purpose of li q ui- datin g necessary changes resulting from inflation , mar k et fluctua- tions, or rate ad j ustments for any ship construction program appro- priated in la w:Provide d, That the Secretary may transfer not toe x ceed $1 00,000,000 under the authority provided by this section: Provided fu r th er, That the Secretary may not transfer any funds until 3 0 days after the proposed transfer has been reported to the C ommittees on A ppropriations of the H ouse of R epresentatives 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. F or purposes of section 6 1 2 of title 4 1, U nited 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 J udgment 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 (TUA V s) from the Army. (b) The Army shall retain responsibility for and operational control of the MQ– 1C Sky W arrior Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles. SEC. 8092. O f the funds provided in this Act, $10,000,000 shall be available for the operations and development of training and technology for the Joint I nteragency Training and E ducation 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 authori z ed for the Secretary of Veterans Affairs by section 7 4 5 5 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 P acific 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 Notif i ca tio n.De a dl ine.


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 123STA T . 3 450PUBLIC LA W 111 – 11 8—DE C.1 9, 2009 isotherw ise p rohi b ite df ro m re c ei v i ng s u cht y pe of a ssistance under any other provision of l aw .SEC . 8095 . N one of the funds appropriated by this A ct for programs of the O ffice of the D irector of National I ntelligence shall remain available for obligation beyond the current fiscal year , e x cept for funds appropriated for research and technology, which shall remain available until September 3 0, 2 0 1 1. SEC. 809 6 . F or purposes of section 1553 ( b ) of title 31, U nited States C ode, 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. 809 7 . 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 $ 19 4 ,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 I V 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
 * Provide

d, T hat the Secretary of Defense shall allocate this reduction proportionally to each budget activity, activity group, subactivity group, and each program, pro j ect, 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 q uantity 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 Y ears Defense P rogram 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 M anagement R egulation with the congressional budget justification boo k s. (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 H istory and Planning; P–21, Production Schedule; and P–40, B udget Item J ustifica- 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): Contrac t s.G rants. 50US C 41 5a –2 not e . D es ig nation. 10 USC 221 note. Al location. A p plica b ilit y .


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 123STA T . 3 45 1 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 Provide d ,That th isl i m itati on shall a p pl y only to c ont r acts, g rants, or coop e rati v e agreements entere d into a f ter the date of enactment of this A ct u sing funds made availa b le in this Act for basic research .SEC . 8102 . The Secretary of D efense shall maintain on the homepage of the I nternet w ebsite of the Department of Defense a direct lin k to the Internet website of the O ffice of Inspector G eneral of the Department of Defense. SEC. 810 3 . ( a )N ot later than 6 0 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 P resident ’ s budget re q uest, ad j ustments made by C ongress, adjustments due to enacted rescissions, if appro- priate, and the fiscal year enacted level (2) a delineation in the table for each appropriation by Ex penditure 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. 810 4 . 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 110 5 (a) of title 31, U nited 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. F or the purposes of this Act, the term ‘ ‘congressional intelligence committees’’ means the Permanent Select Committee on Intelligence of the H ouse of R epresentatives, 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 W ar Execution Report as prescribed in the Depart- ment of Defense Financial M anagement Regulation Department of Defense Instruction 7 000.14, V olume 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.D e adlin e. De f inition. Subm ission. 50U S C41 5a –3 . Certifi c ation. Deadline. Reports. W eb lin k . A pplicabilit y .


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 123STA T . 3 45 2 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 (INCLUD IN GTRA N SFE R O F FUNDS )S EC .810 8. (a)C ONTINUATION OF STO P-L OSS SPECIAL P A Y . —Funds a p p ro pr i a te d by t h is Ac t , or m ade a v ai l able by the trans f er of funds in this Act, shall be made available to the Secretaries of the military departments only to provide special pay durin g fiscal year 2 010 to members of the Army, N avy, Air Force, and M arine Corps, including members of their reserve components, w ho, at any time during fiscal year 2010, serve on active duty while the members ’ enlistment or period of obligated service is e x tended, or whose eligibility for retirement is suspended, pursuant to section 12 3 or 1230 5 of title 10, U nited States Code, or any other provision of law (commonly referred to as a ‘ ‘stop-loss authority’’) authori z ing 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 A M OUNT.— T he 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 D ECEASED MEM B ERS.— I f an eligible member described in subsection (a) dies before the payment re q uired by this section is made, the Secretary of the military department concerned shall ma k e the payment in accordance with section 2 7 71 of title 10, United States Code. (d) CLARIFICATION OF R ETROACTI V E STOP-LOSS SPECIAL PAY AUT H ORITY.—Section 310 of the Supplemental Appropriations Act, 200 9 (Public Law 111 – 32 123 Stat. 1870) is amended by adding at the end the following new subsection ‘‘(i) E FFECT OF SUBSE Q UENT REENLISTMENT OF V OLUNTARY E X TENSION 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 ‘‘ O peration 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 H ouses and Suites pursuant to section 2 4 93(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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 123STA T . 3 45 3 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 transfe r by t h e Di re c t o rof N ationa lI ntelli g ence to other d e p art -m ents and agencies for p u rposes of G o v ernment- w ide information sharing activities
 * Provide

d ,T hat 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 fu r th er, That the O ffice of M anagement and B udget must approve any transfers made under this provision .SEC . 81 11. F unds appropriated by this A ct for operation and maintenance may be available for the purpose of ma k ing remit- tances to the Defense Ac q uisition W orkforce Development Fund in accordance with the requirements of section 1 705 of title 10, U nited States C ode. SEC. 811 2 . ( a )HIGHPR I O RI TY N A TIO N A L G U AR D COUNTERDRUG PROGRA MS . — Of the amount appropriated or otherwise made avail- able by title V I under the heading ‘ ‘Drug Interdiction and Counter- Drug Activities, Defense ’ ’, upto $ 15,000,000 shall be available for the purpose of High Priority National Guard Counterdrug Pro- grams. (b) SU P PLEMENT 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 NATI V E PEOPLES O F THE UNITED STATES SEC. 811 3 . (a) AC K NO W LEDGMENT AND APOLOGY.—The United States, acting through Congress— (1) recogni z es 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) e x presses 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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 123STA T . 3 45 4 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 (2)serv es a sase t t l e m e n t of an yc la i ma g ainst t h e U nite dS tates . S EC. 81 1 4 . (a) A ny agency receiving f u nds made availa b le in this Act , shall, sub j ect to subsections (b) and (c), p ost on the public w ebsite of that agency any report re q uired to be submitted by the C ongress 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) T he 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 4 5 days. SEC. 8115. (a) I t is the sense of Congress that— (1) All of the N ational 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 e x pand the mission of the Nevada Test Site to carry out the role described in paragraph (1), including by— (A) fully utili z ing 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 E nergy and W ater D evelopment 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 ma k e 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 R eduction Agency, the Department of H omeland Security, and other agencies as appropriate. SEC. 811 6 . (a) None of the funds appropriated or otherwise made available by this Act may be expended for any F ederal con- tract for an amount in excess of $ 1, 0 00,000 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 V II of the Civil Rights Act of 1 9 64 or any tort related to or arising Contrac t s.Timep erio d . D ead l ine. I n f rastr u cture plan. Time period. W e b postin g . R eports.


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 123STA T . 3 45 5 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 out o fsex u al assault o rh arass m e n t ,i n c lu d in g assault and b atter y , intentional infliction of emotional distress, false im p ris - onment, or negligent hiring, super v ision, or retention or (2) ta k e any action to enforce any provision of an existing agreement w ith an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VI Iofthe C ivil R ights A ct 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) N one of the funds appropriated or otherwise made available by this Act may be expended for any F ederal contract awarded more than 1 80 days after the effective date of this Act unless the contractor certifies that it re q uires 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 ’ ’isan entity that has a subcontract in excess of $ 1,000,000 on a contract sub j ect to subsection (a). (c) T he 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 U nited S tates. (d) The Secretary of D efense 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 1 5 business days before the contract or subcontract addressed in the determination may be awarded. S EC . 811 7 . (a) PROHIB I T IO N ON CON V ER S ION O F F U NCTIONS PER- FOR M E D B Y FEDER ALE M P LOYEES 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 L aw 110 –3 29), 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 O ffice of M anagement and B udget (OMB) Circular A–76. (b) E X CEPTION.—The prohibition in subsection (a) shall not apply to the award of a function to a contractor or the conversion Public i nformat ion .De a d line. W ai v er aut h orit y . Determination. T ime p eriod. C ertification.


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 123STA T . 3 456PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 ofa f uncti on to per for m ance by a contractor pur s uant to a stu d y conducted under O ffice of M ana g ement and B udget ( OMB )C ircu l ar A–76 once all reporting and certifications re q uired by section 325 oft h e N ational D efense Authori z ation Act for F iscal Y ear 2 01 0 ( P ublic L a w 111– 84 )ha v e been satisfactorily completed .SEC . 8118. (a)(1) No National I ntelligence 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 T rans- formation Office may prescribe. (2) During the current fiscal year no funds may be obligated ore x pended 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 R eview 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 ta k en 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. (IN C LUD IN GTRA N SF ER O F FUNDS ) SEC. 811 9 . In addition to funds made available elsewhere in this Act, there is hereby appropriated $291,715,000, to remain available until transferred: Provide d, That these funds are appro- priated to the ‘ ‘Tanker Replacement Transfer Fund’’ (referred to as ‘‘the Fund’’ elsewhere in this section): Provided fu r th er, 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 E valuation, 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.D e adlin es. Deadline. N oti f i c ation. Deadlines. Reports. Notice.


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 123STA T . 3 457PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 theS e cr et a r ys ha l ls ubmi tare po rt n o later than 30d ays a f ter the end of each fiscal q uarter to the con g ressional defense commit - tees summari z ing the details of the transfer of funds from this appropriation . S EC. 812 0. ( a )R E S E T T L E M E N TS UP P OR T A N DO T H ER P U B L I C B ENE F ITS FOR C ERTAIN I RA Q I REFU G EES. — Section 12 4 4(g) of the Refugee Crisis in Iraq A ct of 200 7 (subtitle C of title X IIofdi v ision A of Public L a w 110 – 181 122 Stat. 3 9 8) is amended by stri k ing ‘ ‘for a period not to e x ceed 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 6 02(b)(8) of the Afghan Allies Protection Act of 2009 (title V I 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) E ach 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 sub j ect 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) E X CEPTIONS.—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 (1 5U .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 H ouse of Representatives. SEC. 8122. N one 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 M anagement 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, W est Point, as of the date of enactment of this Act. Privat i z ati on.Def inition. E ar m ar ks . 8USC1 1 0 1 note. 8USC11 57 note.


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 123STA T . 3 458PUBLIC LA W 111 – 118 —DE C.1 9, 2 0 09 SEC.8123 . None o fth ef u n dsma dea v a il a b le unde r this Ac t ma y be distributed to the Association of C ommunity O r g ani z ations for R eform No w( ACORN ) or its subsidiaries. SEC. 812 4 . T hee xp lanatory statement regarding this Act printed in the H ouse of Representatives section of the Congressional Record on or about D ecember 1 6, 2 0 10, 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 j oint explanatory statement of a committee of conference. T I T LE I X O V ERSEAS CONTIN G ENC Y O P ERATIONS M ILITARY PERSONNEL M IL I TARY PER SON NEL, AR M Y F or an additional amount for ‘ ‘Military Personnel, Army ’ ’, $9 ,9 5 8,840,000. MILITARY PERSONNEL, NA V Y For an additional amount for ‘‘Military Personnel, Navy’’, $1,388,601,000. MILITARY PERSONNEL, MARINE COR P S For an additional amount for ‘‘Military Personnel, Marine Corps’’, $ 7 78,722,000. 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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 123STA T . 3 459PUBLIC LA W 111 – 11 8—DE C. 19 , 2 0 09 NATION A LGU A RDPE R S ONNEL ,A R MYForan a d d it iona l a m o u nt f or ‘ ‘National Guard P e r s onnel, Arm y’ ’, $824, 96 6, 0 00 . NATIONAL GUARD PERSONNEL, AIR FOR C E For an additional amount for ‘‘National Guard Personnel, Air For c e’’, $9, 5 00,000. O P ER A TI ON AN DM AINTENAN C E O P ERATION AND MAINTENANCE, ARMY For an additional amount for ‘‘O p eration and Maintenance, Army’’, $4 7 ,82 1 ,154,000. OPERATION AND MAINTENANCE, NA V Y For an additional amount for ‘‘Operation and Maintenance, Na v y’’, $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, DE F ENSE -W IDE For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $7,490,900,000, of wh ich

1 ) Nottoe x ceed $12,500,000 for the Com b atant Com- mander Initiative Fund, to be used in support of Operation Ira q i Freedom and Operation Endurin g Freedom and (2) Not to exceed $1,570,000,000, to remain available until expended, for payments to reimburse k ey cooperating nations for logistical, military, and other support, including access pro- vided to U nited S tates military operations in support of Oper- ation Iraqi Freedom and Operation Enduring Freedom, notwith- standing any other provision of law: Provide d, 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 B udget, 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 fu r th er, That these funds may be used for the purpose of providing speciali z ed 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, Notif i ca tio n. Notification. De a dl ine s .


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 123STA T . 3 460PUBLIC LA W 111 – 11 8—DE C.1 9, 2009 and15 da ysfol lo wi n g no t ifi c ation to t he a p p r opriate congres - sional co m mittees
 * Provide

d fu r th er ,T hat the S ecretary of D efense shall pro v ide qu arterly reports to the congressional defense committees on the use of funds provided in this para- graph .OPERATION AN DM AINTENAN C E, A R MYR E S ER V E F or an additional amount for ‘ ‘Operation and Maintenance, Army Reserve ’ ’, $204, 3 2 6 ,000. OPERATION AND MAINTENANCE, N AVY RESERVE For an additional amount for ‘‘Operation and Maintenance, Navy Reserve’’, $6 8 ,05 9 ,000. OPERATION AND MAINTENANCE, MARINE C ORPS RESERVE For an additional amount for ‘‘Operation and Maintenance, Marine Corps Reserve’’, $86,66 7 ,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 NATIONA LGU ARD 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 CONTIN G ENCY OPERATIONS TRANS F ER FUND ( INCLUDING TRANSFER OF FUNDS ) For an additional amount for e x penses directly relating to overseas contingency operations b y U nited 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 P rotected V ehicle Fund, and wor k ing 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. Notif i ca tio n.De a dl ine. R e p o r t s .


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 123STA T . 3 46 1 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 AFGHANIST AN SECUR IT YFO RCES FUN D F orthe‘ ‘A fg h anis tan Se cu rit y Forces Fun d’ ’ ,$6, 5 6 2 , 7 6 9 , 0 00, to re m ain a v ai l a b le until Se p tember 3 0, 20 1 1
 * Provide

d, T hat such funds shall be available to the Secretary of D efense, not w ith - standing any other provision of law, for the purpose of allowing the C ommander, 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 e q uipment, sup- plies, services, training, facility and infrastructure repair, renova- tion, and construction, and funding: Provided fu r th er, 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 organi z ation 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 .PRO C U R EM E N T AIRCRAFT PROCURE M ENT, ARMY For an additional amount for ‘‘Aircraft Procurement, Army’’, $1,23 8 ,219,000, to remain available until September 30, 2012. MISSI L E PROCUREMENT, ARMY For an additional amount for ‘‘Missile Procurement, Army’’, $ 4 75,954,000, to remain available until September 30, 2012. PROCUREMENT OF W EA P ONS AND TRAC K ED COM B AT V EHICLES, ARMY For an additional amount for ‘‘Procurement of Weapons and Trac k ed 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, NA V Y For an additional amount for ‘‘Aircraft Procurement, Navy’’, $853,297,000, to remain available until September 30, 2012. Deadlin e .Not i f i c ation. Notification.


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 123STA T . 3 46 2 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 WEAPONSPR O CU RE M EN T,N A VYForan a d d it iona l a m o u nt f or ‘ ‘W e a p on s Pro c urement, Na vy’ ’, $50, 7 00,000, to remain availa b le until S eptember 3 0, 2 0 1 2 . PROCUREMENT O FA MMUN I TION, NAVY AN DM ARINE C ORPS For an additional amount for ‘‘Procurement of Ammunition, Navy and Marine Corps’’, $ 6 75, 9 57,000, to remain available until September 30, 2012. O T H ER PROCUREMENT, NAVY For an additional amount for ‘‘Ot h er Procurement, Navy’’, $2 4 1,01 8 ,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. MISSI L E 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, D EFENSE - WIDE For an additional amount for ‘‘Procurement, Defense-Wide’’, $480,780,000, to remain available until September 30, 2012. NATIONAL G UARD AND R ESERVE EQ UIPMENT For procurement of aircraft, missiles, trac k ed combat vehicles, ammunition, other w eapons and other procurement for the reserve components of the Armed Forces, $950,000,000, to remain available for obli g ation until September 30, 2012, of which $575,000,000 shall be available only for the Army National Guard
 * Provide

d, T hat 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 moderni z ation priority assessment for their respective National Guard or Reserve component. Deadlin e .As sess m en t .


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 123STA T . 3 46 3 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 MINER E S IS TA NT AMBU S HPRO TE C TE DV EHIC L E F UND ( INCLUDIN G TRANS F ER OF FUNDS ) F orthe M in eRe s ist a ntA mbu sh Prote c te d Vehic l e Fund ,$6, 281 , 0 00,000, to remain a v ailable until S e p tember 3 0, 2011
 * Pro-vide

d, T hat such f unds shall be available to the Secretar y of D efense, not w ithstandin g any other provision of law, to procure, sustain, transport, and field Mine Resistant Ambush Protected vehicles: Provided fu r th er, 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 wor k ing 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 . R E SEAR CH , DEVE LO PME N T, TEST AND EVAL U AT I ON RESEARCH, DE V ELO P MENT, TEST AND EVALUATION, ARM Y For an additional amount for ‘ ‘Research, Development, Test and Evaluation, Army ’ ’,$ 57, 9 62,000, 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- W IDE For an additional amount for ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $112,196,000, to remain available until September 30, 2011. REVOLVIN G AND MANAGEMENT FUNDS DEFENSE WOR K ING CAPITAL FUNDS For an additional amount for ‘‘Defense Working Capital Funds’’, $ 4 12,215,000. Deadlin e .Not i f i c ation.


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 123STA T . 3 46 4 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 OTHERD E PA RT M E N TO F DEFEN S E PRO G RAMS D EF E NS EHE ALTH P ROG RA M F oran a d d it iona l a m o u nt f or ‘ ‘D e fen s e Healt h Pro g ram ’ ’ ,$1, 256 ,6 7 5, 0 00, w hi c h shall b eforo p eration and maintenance . DR U G I NTER DIC TION AND C OUNTER - DRUG ACTI V ITIES ( INCLUDING TRANSFER OF FUNDS ) For an additional amount for ‘‘Drug Interdiction and Counter- Drug Acti v ities’’, $ 34 6,603,000, to remain available until September 30, 2011. J OINT IM P ROVISED E X PLOSIVE DEVICE DEFEAT FUND (INCLUDING TRANSFER OF FUNDS) For an additional amount for ‘‘Joint Improvised E x plosive 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. GENERA L PRO V ISIONS — THIS TITLE SEC. 9 001. Notwithstanding an y 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. U pon 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 B udget, transfer up to $4,000,000,000 between the appropriations or funds made available to the Department of Defense in this title
 * Provide

d, That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided fu r th er, That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense and is sub j ect 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 Notif i ca tio n.


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 123STA T . 3 465PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 pur p ose o fthi sse c tio n, super v ision a n d ad m inistration costs inc l ude all in - house G overnment costs .SEC . 90 0 4 . F rom funds made availa b le in this title, the Sec- retar y of D efense may purchase for use by military and civilian employees of the Department of Defense in I ra q and A f g hanistan

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 $ 2 50,000 per vehicle, not w ithstanding price or other limitations applicable to the purchase of passenger carrying vehicles. SEC. 9005. N ottoe x ceed $ 1 ,200,000,000 of the amount appro- priated in this title under the heading ‘ ‘ O peration and M aintenance, Army ’ ’ may be used, notwithstanding any other provision of law, to fund the C ommander’s E mergency R esponse P rogram, 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: Provide d, T hat 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 fu r th er, 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. 900 6 . 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 42 3 (a)(1) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. SEC. 900 8 . None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the U nited 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 Y or k on December 10, 1984): (1) Section 2340A of title 18, United States Code. Iraq.Afgh a nist an. De a dl ine. R e po rts. Deadlines. Reports.


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 123STA T . 3 46 6 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 (2)Section 22 4 2o f t h e F o r ei g n A ff a ir sR efor m an d Restr u c - turing Act of 19 9 8 (di v ision G of P u bl ic L a w 1 05– 2 7 7 112 Stat . 2 6 81–822; 8 U .S. C .12 3 1 note) and regulations p rescribed 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 D epartment of Defense, E mergenc y Supplemental Appropriations to Address H urri- canes in the Gulf of M e x ico, and Pandemic I nfluen z a Act, 2006 (Public Law 109–148). S EC . 9010. (a) T he Director of the O ffice of Management and B udget, in consultation with the Secretary of Defense; the Com- mander of the United States Central Command; the Commander, Multi- N ational Security Transition Command — Ira q 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 ‘‘Pa k istan Counterinsur- gency Fund’’ on a pro j ect-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 J une 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 V irgin Islands (USVI), the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands (CNMI). Detain ee s.Cub a. No ti f i c ation. Dea dl ines. R e p o r ts.
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 123STA T . 3 467PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 (b)None o fth ef u n dsma dea v a il able in this o r an y other Ac t may be used to transfer an individual w ho is detained , as of J une 24 ,2 0 0 9, at Naval S tation, G uantanamo B ay, C uba, into the continental U nited States, Alas k a, H awaii, or the D istrict of Columbia, into any of the United States territories of Guam, Amer - ican Samoa (AS), the United States V ir g in I slands (USVI), the Commonwealth of P uerto R ico and the Commonwealth of the Northern M ariana Islands (CNMI), for the p urpose of detention, e x cept 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 4 5 days after the plan described in subsection (d) is received. (d) T he 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 q uestion. (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 j ustification) 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 citi z ens, 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 Presid e nt.Cla ssi f ied inf o r m ation. D eadline. N otifi c ation. Certification. Deadline. President. Classified information. Dis p osition plan. Deadline.


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 123STA T . 3 468PUBLIC LA W 111 – 118 —DE C.1 9, 2 0 09 atN a v a lS tat ion,Gu antana m o B a y , C u b a,a s o fJ un e24 ,2 0 0 9, tot h e c ount r yofsuchin d ividual ’ s nationality or last habitual residence or to any other country other than the U nited States or to a freely associated State, unless the P resident submits to the Con g ress, in classified form, at least 15 days p rior to such transfer or release, the follo w ing information

1 )T he 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) A n assessment of any ris k to the national security of the United States or its citi z ens, 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) I n this section, the term ‘ ‘freely associated States’’ means the F ederated States of M icronesia (FSM), the R epublic 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. S EC . 9012. (a) F UNDI N GFORO U T RE A C H AND REINTEGRATION SER V ICE S UNDER Y E L LO W RI B BON REINTEGRATION PROGRA M . — Of the amounts appropriated or otherwise made available by title I X, upto $ 20,000,000 may be available for outreach and reintegra - tion services under the Yellow Ribbon Reintegration Program under section 5 8 2(h) of the National D efense Authorization Act for Fiscal Year 2008 (Public L aw 110 – 181 122 Stat. 125; 10 U.S.C. 10101 note). (b) SU P PLEMENT 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’’. DIV I S I ONB— O THERMA TTERS 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 e x penses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et se q .): Provide d, That such amount shall be used only in such amounts and at such times as may become necessary to carry out program operations: Provided fu r th er, 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 Presid e nt.R e po rts. Cla ssi f ied infor m ation. D efinition.


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 123STA T . 3 469PUBLIC LA W 111 – 11 8—DE C. 19 , 2 0 09 Actof20 0 8(7U.S . C .20 1 1 e t s e q . ), t h e r e a re here by a p propr i ate d$4 00,000,000, w hich sha l lre m ai n a v ailable u ntil September 3 0, 2011. (b) A L L OCATI O N O FFU N DS . — Funds described in subsection (a) shall be made available as g rants to State agencies as follows— (1) 7 5 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 D epartment of Agriculture for the most recent 12 - month period for which data are available, ad j usted by the Secretary (as of the date of enactment) for participation in disaster programs under section 5(h) of the Food and N utri- 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 6 0 days after the date of enactment of this Act, the Secretary shall ma k e available to States amounts based on paragraphs (1) and (2) of this subparagraph. (c) RE ALLOCATION 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) EM E RG ENC Y 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 11 9 OF T ITLE 17, UNITED STATES CODE.— (1) I N 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 H ome V iewer Act of 1994 (17 U.S.C. 119 note; P ublic L aw 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 ‘‘ J anuary 1, 2010’’ each place it appears in clauses (ii) and (iii) and inserting ‘‘ M arch 1, 2010’’. Rep e al.17USC 11 9not e. D ea d l i ne. Gr ant s .


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 123STA T . 3 470PUBLIC LA W 111 – 11 8—DE C.1 9, 2009 (c)EMERG E NCYD E SI GN AT I O N .—Amountsi nt h iss e ction ar e d es - i g nated as emergenc y re q uirements and necessary to meet emer- gency needs p ursuant to sections 403 and 4 2 3( b )o fS . C on. R es. 1 3 (111th Congress) , the concurrent reso l ution on the budget for fiscal year 2010. SEC. 1004. (a) U SA P A T R IO TIM P RO V EMENT AN D REA U T H ORI Z A- TION ACT O F 200 5 .—Section 102(b)(1) of the USA PATRIOT Impro v ement and Reauthori z ation Act of 2005 (Public L a w 10 9– 1 7 7 120 Stat. 195) is amended by stri k ing ‘ ‘December 31, 2009 ’ ’ and inserting ‘‘ F ebruary 2 8, 2010’’. (b) INTE L LIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004.—Section 6 001(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 B usiness 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
 * Provide

d, 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, N orth 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 fu r th er, 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 V alley Authority that supersedes the agreement of J uly 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 e x pended, 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. NorthCa ro lin a .Ante,p . 153 . Ante, p. 2047 . 50 US C1 8 05 an d not e ,18 6 1, 1862.


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 123STA T . 3 47 1 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 SEC.10 0 8 . (a)Forpu rpo se so fth e c o n t i nue d e x tension of surface transportation pro g ra m sandre l ated authorit y to ma k e expendi - tures from the H igh w ay T rust Fund and other trust funds under sections 1 57 through 1 62 of the C ontinuing A ppropriations R esolu- tion , 2010, the date specified in section 106( 3 ) of such resolution shall b e 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 di v ision I of the O mnibus Appropriations Act, 200 9 . The amount made available for each of the apportioned Federal-aid highway programs under subsection (a) shall be reduced by an amount e q ualing $ 33, 4 01,492 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 ( P ublic L aw 110 – 252 26 U .S.C. 3304 note) is amended — (A) by striking ‘‘ D ecember 31, 2009’’ each place it appears and inserting ‘‘February 28, 2010’’; ( B ) in the heading for subsection (b)(2), by striking ‘‘DECE MB E R31 , 20 0 9 ’’ and inserting ‘‘FEBR UA R Y 2 8, 2010’’; and (C) in subsection (b)(3), by striking ‘‘ M ay 31, 2010’’ and inserting ‘‘ J uly 31, 2010’’. (2) Section 2002(e) of the Assistance for Unemployed W orkers 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 ‘‘JA N UARY 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 E xtension 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. 20 4 5.


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 123STA T . 3 47 2 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 SEC.10 10. (a)EXT E NSIO NO F E L I G I B ILIT YP E R IO D . — S ubsection (a)( 3 )( A )o f section 3001 of d i v ision B oft h eA m e r ican R ecover y and Reinvestment Act of 2 00 9 (Pub l ic L a w 111 –5 ) is amended by stri k in g‘ ‘ D ecember 31 , 2009 ’ ’ and inserting ‘‘ F ebruary 2 8, 2010’’. (b) EXTENSION OF MA XI MU M 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 ‘‘(1 6 ) RULES RELATED TO 20 0 9 EXTENSION.— ‘‘(A) ELECTION TO P AY PREMIUMS RETROACTI V ELY AND MAINTAIN COBRA COVERAGE.—In the case of any p remium for a period of coverage during an assistance eligible individual’s transition period, such individual shall be treated for purposes of any CO BRA 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 re q uired 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) T RANSITION 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) N OTIFICATION.— ‘‘(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 e x periences a qualifying event (consisting of termination of employment) Deadlin e s. De f ini t i o n. Ap pli c a b ilit y . Deadlines. 26USC 6 43 2 note.


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 123STA T . 3 47 3 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 relating t oCOBRAc ontin u ation co v erage on or a f ter s uc hd ate , the ad m inistrator of the grou p health plan ( or other entit y) involved shall provide an additional notification w ith information regarding the amend - ments made b y section 10 10 of the D epartment of Defense Appropriations Act, 2 010, within 6 0 days after the date of the enactment of such Act or, in the case ofa q ualifying event occurring after such date of enact- ment, consistent with the timing of notifications under paragraph ( 7 )(A) .‘ ‘(ii) TOIND I V ID UALSWH O LOS T ASSISTAN CE . —I n 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 ma k e retroactive premium payments with respect to the transition period of the individual in order to main- tain COBRA continuation coverage. ‘‘(iii) A P PLICATION O FR ULES.—Rules similar to the rules of paragraph (7) shall apply with respect to notifications under this subparagraph.’’. (d) CLARIFICATION THAT E LI G I B ILIT Y AND N OTICE IS BASED ON TI M ING OF Q UALIFYING EVENT.— S ubsection (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 200 9 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 4 03 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (2) P A YG O.—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 1 8 48(d) of the Social Secu- rity Act (42 U .S.C. 139 5 w – 4(d)) is amended by adding at the end the following new paragraph
 * 26USC

6 43 2 note.


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 123STA T . 3 47 4 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 ‘ ‘ (10)UPDATEFOR PORT I O N OF 201 0 .— ‘‘( A ) I N G ENERA L .— Subject t opar a g rap hs ( 7 )( B ) , ( 8 )(B), a nd ( 9 )(B), i n l ieu o f the update to the single con v ersion factor established in paragraph (1)( C ) that w ould otherwise appl y for 2 010 for the period beginning on J anuary 1, 2010, and ending on F ebruary 28, 2010, the update to the single conversion factor shall be 0 percent for 2010. ‘‘(B) N O EFFE C TONCO M P U TATION OF CON V ER S ION FACTOR FOR REMAINING PORTION OF 2010 AND SU B SE Q UENT Y EARS.— T he conversion factor under this subsection shall be co m puted under paragraph (1)(A) for the period begin - ning on M arch 1, 2010, and ending on D ecember 3 1, 2010, and for 2011 and subse q uent years as if subparagraph (A) had never applied. ’ ’. (b) FUNDING FROM MEDICARE IMPROVEMENT FUND.—Section 1898(b)(1) of such Act ( 4 2 U.S.C. 139 5 iii(b)(1)) is amended— (1) in subparagraph (A)— (A) by stri k ing ‘‘ $ 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 H ealth and Human Services shall not publish updated poverty guidelines for 2010 under section 6 73(2) of the O mnibus Budget R econciliation 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 Bo xP ro- 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 Resci ssi on.Gu i d e l ines. P u b lic at ion. T i m e p e r iod. Time periods.


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 123STA T . 3 475PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 LEGIS L AT I V E H IST ORY— H . R. 3 3 26: HO U SE RE P ORTS: No . 1 11 – 23 0(C o m m.o n A p p r opr iat ion s). SENATE REPORTS: No. 111– 74 (Comm. on Appropriations). CONGRESSIONAL RECOR D, Vo l .1 5 5 (200 9 ): Ju l y 29, 30, c onsi de red and passed House. Sept. 24, 25, 29, 30, Oct. 1, 6, considered and passed Senate, amended. Dec. 16, House concurred in Senate amendment w it h an amendment. Senate considered House amendment. Dec. 17–19, Senate considered and concurred in House amendment. to t heal lo c at i o n o f f u n ds and i mp lementation of this A ctasif it w e r ea j oint e x planator y statement of a committee of conference . Appro v ed D ecem b er 19,20 09.