[House Report 111-380]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-380
======================================================================
PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE BILL (H.R.
3326) MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES; FOR
CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 64) MAKING FURTHER
CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2010, AND FOR OTHER PURPOSES;
FOR CONSIDERATION OF THE BILL (H.R. 4314) TO PERMIT CONTINUED FINANCING
OF GOVERNMENT OPERATIONS; FOR CONSIDERATION OF THE SENATE AMENDMENT TO
THE BILL (H.R. 2847) MAKING APPROPRIATIONS FOR THE DEPARTMENTS OF
COMMERCE AND JUSTICE, AND SCIENCE, AND RELATED AGENCIES FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2010, AND FOR OTHER PURPOSES; AND FOR OTHER
PURPOSES
_______
December 16, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Pingree, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 976]
The Committee on Rules, having had under consideration
House Resolution 976, by a record vote of 8 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of the Senate
amendment to H.R. 3326, the Department of Defense
Appropriations Act, 2010. The resolution makes in order a
motion by the chair of the Committee on Appropriations to
concur in the Senate amendment with the House amendment printed
in part A of this report. The resolution waives all points of
order against consideration of the motion except clause 10 of
rule XXI and provides that the Senate amendment and the motion
shall be considered as read. The resolution provides one hour
of debate on the motion equally divided and controlled by the
chair and ranking minority member of the Committee on
Appropriations.
The resolution provides for consideration of H.J. Res. 64,
making further continuing appropriations for fiscal year 2010,
under a closed rule. The resolution provides one hour of debate
equally divided among and controlled by the chair and ranking
minority member of the Committee on Appropriations. The
resolution waives all points of order against consideration of
the joint resolution except those arising under clause 9 or 10
of rule XXI and provides that the joint resolution shall be
considered as read. The resolution waives all points of order
against provisions in the joint resolution and provides one
motion to recommit with or without instructions.
The resolution provides for consideration of H.R. 4314, to
permit continued financing of Government operations, under a
closed rule. The resolution provides one hour of debate equally
divided among and controlled by the chair and ranking minority
member of the Committee on Ways and Means. The resolution
waives all points of order against consideration of the bill
except those arising under clause 9 or 10 of rule XXI and
provides that the bill shall be considered as read. The
resolution waives all points of order against provisions in the
bill and provides one motion to recommit with or without
instructions.
The resolution provides for consideration of the Senate
amendment to H.R. 2847, the Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2010. The resolution makes
in order a motion by the chair of the Committee on
Appropriations to concur in the Senate amendment with the House
amendment printed in part B of this report. The resolution
waives all points of order against consideration of the motion
except clause 10 of rule XXI and provides that the Senate
amendment and the motion shall be considered as read. The
resolution provides one hour of debate on the motion equally
divided and controlled by the chair and ranking minority member
of the Committee on Appropriations.
The resolution provides that in the engrossment of the
House amendment to the Senate amendment to H.R. 2847, the Clerk
shall add the text of H.R. 2920, as passed by the House, as new
matter at the end of the text proposed to be inserted by the
House.
The resolution provides that measures may be considered
under suspension of the rules at any time during the remainder
of the first session of the 111th Congress and provides that
the Speaker shall consult with the Minority Leader on the
designation of any matter for consideration under suspension of
the rules pursuant to the resolution.
The resolution waives clause 6(a) of rule XIII (requiring a
two-thirds vote to consider a rule on the same day it is
reported from the Rules Committee) against any resolutions
reported from the Rules Committee for the remainder of the
first session of the 111th Congress.
The resolution provides that the chair of the Committee on
Appropriations may insert in the Congressional Record at any
time during the remainder of the first session of the One
Hundred Eleventh Congress such material as he may deem
explanatory of the Senate amendments and the motions regarding
H.R. 3326 and H.R. 2847.
The resolution provides that on any legislative day of the
second session of the One Hundred Eleventh Congress before
January 12, 2010, the Speaker at any time may dispense with
organizational or legislative business.
The resolution provides that on any legislative day of the
second session of the One Hundred Eleventh Congress before
January 12, 2010, the Chair at any time may declare the House
adjourned or declare the House adjourned pursuant to an
applicable concurrent resolution of adjournment.
The resolution provides for pro forma sessions until the
House adjourns sine die. Finally, the resolution provides that
on any legislative day of the first session of the One Hundred
Eleventh Congress, the Speaker may at any time declare the
House adjourned.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the motion for H.R. 3326 (except for clause 10
of rule XXI) the Committee is not aware of any points of order
against the motion. The waiver of all points of order against
the motion is prophylactic in nature.
Although the rule waives all points of order against
consideration of H.J. Res. 64 (except for clauses 9 and 10 of
rule XXI) and waives all points of order against the provisions
in the joint resolution, the Committee is not aware of any
points of order. The waivers of all points of order are
prophylactic in nature.
Although the rule waives all points of order against
consideration of H.R. 4314 (except for clauses 9 and 10 of rule
XXI) and waives all points of order against the provisions in
the bill, the Committee is not aware of any points of order.
The waivers of all points of order are prophylactic in nature.
Although the rule waives all points of order against
consideration of the motion for H.R. 2847 (except for clause 10
of rule XXI) the Committee is not aware of any points of order
against the motion. The waiver of all points of order against
the motion is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 304
Date: December 16, 2009.
Measure: Senate amendment to H.R. 3326, and for other
purposes.
Motion by: Mr. Dreier.
Summary of motion: To strike Section 6 from the resolution,
which provides blanket suspension authority for the Speaker,
and Section 7, which provides blanket martial law authority
until the end of this session.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 305
Date: December 16, 2009.
Measure: Senate amendment to H.R. 3326, and for other
purposes.
Motion by: Mr. Dreier.
Summary of motion: To provide the Minority Leader or his
designee an amendment to each item made in order by the rule.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings--Nay; Matsui--Nay;
Arcuri--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Diaz-Balart--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 306
Date: December 16, 2009.
Measure: Senate amendment to H.R. 3326, and for other
purposes.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 8-3.
Vote by Members: McGovern--Yea; Hastings--Yea; Matsui--Yea;
Arcuri--Yea; Perlmutter--Yea; Pingree--Yea; Polis--Yea;
Dreier--Nay; Diaz-Balart--Nay; Foxx--Nay; Slaughter--Yea.
SUMMARY OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 3326 IN
PART A
The amendment provides for a 3.4% military pay increase,
provides $29.2 billion for the Defense Health Program, and $154
billion for the Defense Operations and Maintenance Account to
increase readiness and training. It provides $5 billion to
allow defense personnel, rather than contractors, to perform
critical department functions, and $288 million for the
Inspector General to hire additional investigators for
oversight of DoD acquisition and contracting. It provides $1.5
billion for 18 F/A-18E/F Super Hornet Tactical aircraft, $1.6
billion for 22 EA-18G Growler electronic aircraft, $6.8 billion
for 30 F-35 Lightning Aircraft, $2.7 billion for V-22 Osprey,
$15 billion for the procurement of 7 Navy ships, $2.29 billion
for Future Combat Systems, and $3 billion for the Defense
Advanced Research Projects Agency (DARPA). It provides $101.1
billion for ongoing military operations, maintenance and
military personnel requirements in Iraq and Afghanistan, and to
support preparations to begin withdrawal from Iraq. It provides
$23.36 billion for equipment used by service members in Iraq
and Afghanistan, including: $6.3 billion for the Mine Resistant
Ambush Protected (MRAP) Vehicle Fund to procure over 6,600 new
MRAP all-terrain vehicles for troop protection; $1.1 billion
for High Mobility Multi-Purpose Wheeled Vehicles (HMMWVs); and
$863 million for the procurement of Family of Medium Tactical
Vehicles.
The amendment continues a general provision prohibiting the
establishment of permanent bases in Iraq or Afghanistan. It
continues a general provision prohibiting the torture of
detainees held in U.S. custody. It provides no funds for the
closure of the detention facility at Guantanamo Naval base.
It allows the Small Business Administration (SBA) to
continue two temporary enhancements to its loan guarantee
program through February 28, 2010. The amendment extends
through February 28, 2010, the following expiring provisions:
the Patriot Act; the National Flood Insurance Program; the
Medicare Physician Payments extension; the Surface
Transportation Authorization Extension; unemployment insurance;
the 65% COBRA health insurance subsidy for individuals who have
lost their jobs; the compulsory copyright license used by
satellite providers; the Supplemental Nutrition Assistance
Program (SNAP); and maintains Department of Health and Human
Services (HHS) poverty guidelines at 2009 levels to prevent a
reduction in eligibility for certain means-tested programs,
including Medicaid, SNAP, and child nutrition.
SUMMARY OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 2847 IN
PART B
The amendment redirects $75 billion in Troubled Asset
Relief Program (TARP) savings to fund infrastructure and job
investments. $43.8 billion of this funding will go toward
infrastructure investments, including $27.5 billion for highway
infrastructure investments, $8.4 billion for public
transportation investments, $2 billion for clean water
programs, $2 billion for energy innovation loans, $4.1 billion
for school renovation grants, $1 billion for the National
Housing Trust Fund, and $1 billion for the Public Housing
Capital Fund. $26.7 billion out of the total $75 billion will
go toward public service jobs, including $23 billion for an
Education Jobs Fund, $1.18 billion for law enforcement jobs,
$500 million for firefighter jobs, $500 million for summer
youth employment, and $750 million for job training for high
growth fields.
The amendment also provides $79 billion in continuing
emergency funding, including $41 billion to extend unemployment
insurance for six months, $12.3 billion to extend from nine to
15 months the 65% COBRA health insurance subsidy, $354 million
for small business loan programs, $23.5 billion to extend FMAP
through June 2010, and $2.3 billion to increase eligibility for
the child tax credit.
The amendment also extends certain surface transportation
authorization programs until September 30, 2010, restores
funding for the Highway Trust Fund, and ends the statute of
limitations for USDA civil rights claims and provides funding
for remedies, which is offset.
PART A--TEXT OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R.
3326
In lieu of the matter proposed to be inserted by the amendment
of the Senate, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS
Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations
DIVISION B--OTHER MATTERS
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2010, for military functions administered by the
Department of Defense and for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty, (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $41,005,612,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active duty
(except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$25,289,049,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of Public
Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund,
$12,799,990,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; for members of the
Reserve Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $26,174,136,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Reserve
on active duty under sections 10211, 10302, and 3038 of title
10, United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $4,304,713,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Reserve
on active duty under section 10211 of title 10, United States
Code, or while serving on active duty under section 12301(d) of
title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $1,909,301,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine Corps
Reserve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or
while performing drills or equivalent duty, and for members of
the Marine Corps platoon leaders class, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$613,500,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038 of
title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,589,412,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army National
Guard while on duty under section 10211, 10302, or 12402 of
title 10 or section 708 of title 32, United States Code, or
while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection
with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $7,546,905,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air National
Guard on duty under section 10211, 10305, or 12402 of title 10
or section 708 of title 32, United States Code, or while
serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and
expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $2,938,229,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential military
purposes, $30,934,550,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $14,657,000 can be used
for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of the Navy, and
payments may be made on his certificate of necessity for
confidential military purposes, $34,714,396,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by
law, $5,539,117,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $33,477,116,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments), as
authorized by law, $28,115,793,000: Provided, That not more
than $50,000,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $29,732,000 shall be made available for
the Procurement Technical Assistance Cooperative Agreement
Program, of which not less than $3,600,000 shall be available
for centers defined in 10 U.S.C. 2411(1)(D): Provided further,
That none of the funds appropriated or otherwise made available
by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of
the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the
Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $6,667,000, to remain available
until expended, is available only for expenses relating to
certain classified activities, and may be transferred as
necessary by the Secretary to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit
cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in the
preceding proviso: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$2,617,496,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,273,701,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $223,175,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,131,200,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army National Guard
as authorized by law; and expenses of repair, modification,
maintenance, and issue of supplies and equipment (including
aircraft), $6,189,713,000.
Operation and Maintenance, Air National Guard
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished from
stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis
as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while
inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $5,882,251,000.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,932,000, of which
not to exceed $5,000 may be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $423,364,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $285,869,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of the Navy, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $494,276,000, to remain
available until transferred: Provided, That the Secretary of
the Air Force shall, upon determining that such funds are
required for environmental restoration, reduction and recycling
of hazardous waste, removal of unsafe buildings and debris of
the Department of the Air Force, or for similar purposes,
transfer the funds made available by this appropriation to
other appropriations made available to the Department of the
Air Force, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination
that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority provided elsewhere in this Act.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $11,100,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of the
Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of Defense, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $292,700,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer the
funds made available by this appropriation to other
appropriations made available to the Department of the Army, to
be merged with and to be available for the same purposes and
for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407,
2557, and 2561 of title 10, United States Code), $109,869,000,
to remain available until September 30, 2011.
Cooperative Threat Reduction Account
For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of
Defense and Department of State, to countries outside of the
former Soviet Union, including assistance provided by contract
or by grants, for facilitating the elimination and the safe and
secure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the
training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components
and weapons technology and expertise, and for defense and
military contacts, $424,093,000, to remain available until
September 30, 2012: Provided, That of the amounts provided
under this heading, not less than $15,000,000 shall be
available only to support the dismantling and disposal of
nuclear submarines, submarine reactor components, and security
enhancements for transport and storage of nuclear warheads in
the Russian Far East and North.
Department of Defense Acquisition Workforce Development Fund
For the Department of Defense Acquisition Workforce
Development Fund, $100,000,000.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $5,093,822,000, to remain
available for obligation until September 30, 2012.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $1,251,053,000, to remain
available for obligation until September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,335,807,000, to remain available for
obligation until September 30, 2012.
Procurement of Ammunition, Army
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $2,056,115,000, to remain available for
obligation until September 30, 2012.
Other Procurement, Army
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; and the purchase of eight vehicles required
for physical security of personnel, notwithstanding price
limitations applicable to passenger vehicles but not to exceed
$250,000 per vehicle; communications and electronic equipment;
other support equipment; spare parts, ordnance, and accessories
therefor; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $8,582,660,000, to remain
available for obligation until September 30, 2012.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway, $18,643,221,000, to remain available for
obligation until September 30, 2012.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $3,357,572,000, to remain
available for obligation until September 30, 2012.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $800,651,000, to remain available for
obligation until September 30, 2012.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine
tools and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; procurement of critical, long lead time components and
designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including
land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title, as follows:
Carrier Replacement Program, $739,269,000;
Carrier Replacement Program (AP), $484,432,000;
NSSN, $1,964,317,000;
NSSN (AP), $1,959,725,000;
CVN Refueling, $1,563,602,000;
CVN Refuelings (AP), $211,820,000;
DDG-1000 Program, $1,382,797,000;
DDG-51 Destroyer, $1,912,267,000;
DDG-51 Destroyer (AP), $578,996,000;
Littoral Combat Ship, $1,080,000,000;
LPD-17, $872,392,000;
LPD-17 (AP), $184,555,000;
LHA-R (AP), $170,000,000;
Intratheater Connector, $177,956,000;
LCAC Service Life Extension Program, $63,857,000;
Prior year shipbuilding costs, $144,950,000;
Service Craft, $3,694,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $386,903,000.
In all: $13,881,532,000, to remain available for obligation
until September 30, 2014: Provided, That additional obligations
may be incurred after September 30, 2014, for engineering
services, tests, evaluations, and other such budgeted work that
must be performed in the final stage of ship construction:
Provided further, That none of the funds provided under this
heading for the construction or conversion of any naval vessel
to be constructed in shipyards in the United States shall be
expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the
funds provided under this heading shall be used for the
construction of any naval vessel in foreign shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only, and the purchase of seven
vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; expansion of
public and private plants, including the land necessary
therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval
of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway, $5,441,234,000, to remain available for obligation
until September 30, 2012.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances,
and machine tools, and installation thereof in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; vehicles for the Marine Corps,
including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title, $1,521,505,000, to remain available
for obligation until September 30, 2012.
Aircraft Procurement, Air Force
For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes including
rents and transportation of things, $13,295,474,000, to remain
available for obligation until September 30, 2012; Provided,
That none of the funds provided in this Act for modification of
C-17 aircraft may be obligated until all C-17 contracts funded
with prior year ``Aircraft Procurement, Air Force''
appropriated funds are definitized unless the Secretary of the
Air Force certifies in writing to the congressional defense
committees that each such obligation is necessary to meet the
needs of a warfighting requirement or prevents increased costs
to the taxpayer and provides the reasons for failing to
definitize the prior year contracts along with the prospective
contract definitization schedule.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare
parts and accessories therefor, ground handling equipment, and
training devices; expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $5,995,544,000, to remain available for obligation
until September 30, 2012.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including ammunition facilities, authorized by section 2854 of
title 10, United States Code, and the land necessary therefor,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $801,550,000, to remain available for
obligation until September 30, 2012.
Other Procurement, Air Force
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only, and the purchase of two vehicles required for physical
security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $250,000 per
vehicle; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon, prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway,
$17,138,239,000, to remain available for obligation until
September 30, 2012.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $4,050,537,000, to remain available for obligation
until September 30, 2012.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$150,746,000, to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $11,474,180,000, to remain available for
obligation until September 30, 2011.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $20,003,463,000, to remain available for
obligation until September 30, 2011: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique operational requirements of the
Special Operations Forces: Provided further, That funds
appropriated in this paragraph shall be available for the Cobra
Judy program.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $28,121,985,000, to remain available for
obligation until September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for
basic and applied scientific research, development, test and
evaluation; advanced research projects as may be designated and
determined by the Secretary of Defense, pursuant to law;
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $20,747,081,000, to remain available for
obligation until September 30, 2011, of which $2,500,000 shall
be available only for the Missile Defense Agency to construct a
replacement Patriot launcher pad for the Japanese Ministry of
Defense.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational
test and evaluation, including initial operational test and
evaluation which is conducted prior to, and in support of,
production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith,
$190,770,000, to remain available for obligation until
September 30, 2011.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,455,004,000.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. App. 1744), and for the necessary
expenses to maintain and preserve a U.S.-flag merchant fleet to
serve the national security needs of the United States,
$1,672,758,000, to remain available until expended: Provided,
That none of the funds provided in this paragraph shall be used
to award a new contract that provides for the acquisition of
any of the following major components unless such components
are manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion system
components (engines, reduction gears, and propellers);
shipboard cranes; and spreaders for shipboard cranes: Provided
further, That the exercise of an option in a contract awarded
through the obligation of previously appropriated funds shall
not be considered to be the award of a new contract: Provided
further, That the Secretary of the military department
responsible for such procurement may waive the restrictions in
the first proviso on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and
health care programs of the Department of Defense as authorized
by law, $29,243,428,000; of which $27,596,689,000 shall be for
operation and maintenance, of which not to exceed one percent
shall remain available until September 30, 2011, and of which
up to $15,093,539,000 may be available for contracts entered
into under the TRICARE program; of which $366,692,000, to
remain available for obligation until September 30, 2012, shall
be for procurement; and of which $1,280,047,000, to remain
available for obligation until September 30, 2011, shall be for
research, development, test and evaluation: Provided, That,
notwithstanding any other provision of law, of the amount made
available under this heading for research, development, test
and evaluation, not less than $10,000,000 shall be available
for HIV prevention educational activities undertaken in
connection with United States military training, exercises, and
humanitarian assistance activities conducted primarily in
African nations.
Chemical Agents and Munitions Destruction, Defense
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical
agents and munitions, to include construction of facilities, in
accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,560,760,000,
of which $1,146,802,000 shall be for operation and maintenance,
of which no less than $84,839,000, shall be for the Chemical
Stockpile Emergency Preparedness Program, consisting of
$34,905,000 for activities on military installations and
$49,934,000, to remain available until September 30, 2011, to
assist State and local governments; $12,689,000 shall be for
procurement, to remain available until September 30, 2012, of
which no less than $12,689,000 shall be for the Chemical
Stockpile Emergency Preparedness Program to assist State and
local governments; and $401,269,000, to remain available until
September 30, 2011, shall be for research, development, test
and evaluation, of which $398,669,000 shall only be for the
Assembled Chemical Weapons Alternatives (ACWA) program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations available
to the Department of Defense for military personnel of the
reserve components serving under the provisions of title 10 and
title 32, United States Code; for operation and maintenance;
for procurement; and for research, development, test and
evaluation, $1,158,226,000: Provided, That the funds
appropriated under this heading shall be available for
obligation for the same time period and for the same purpose as
the appropriation to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the transfer authority
provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For the ``Joint Improvised Explosive Device Defeat Fund'',
$121,550,000 for Staff and Infrastructure: Provided, That such
funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of
allowing the Director of the Joint Improvised Explosive Device
Defeat Organization to investigate, develop and provide
equipment, supplies, services, training, facilities, personnel
and funds to assist United States forces in the defeat of
improvised explosive devices: Provided further, That within 60
days of the enactment of this Act, a plan for the intended
management and use of the amounts provided under this heading
shall be submitted to the congressional defense committees:
Provided further, That the Secretary of Defense shall submit a
report not later than 60 days after the end of each fiscal
quarter to the congressional defense committees providing
assessments of the evolving threats, individual service
requirements to counter the threats, the current strategy for
predeployment training of members of the Armed Forces on
improvised explosive devices, and details on the execution of
the Fund: Provided further, That the Secretary of Defense may
transfer funds provided herein to appropriations for operation
and maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the
purpose provided herein: Provided further, That amounts
transferred shall be merged with and available for the same
purposes and time period as the appropriations to which
transferred: Provided further, That this transfer authority is
in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary of
Defense shall, not fewer than 15 days prior to making transfers
from this appropriation, notify the congressional defense
committees in writing of the details of any such transfer.
Office of the Inspector General
For expenses and activities of the Office of the Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $288,100,000, of which $287,100,000
shall be for operation and maintenance, of which not to exceed
$700,000 is available for emergencies and extraordinary
expenses to be expended on the approval or authority of the
Inspector General, and payments may be made on the Inspector
General's certificate of necessity for confidential military
purposes; and of which $1,000,000, to remain available until
September 30, 2012, shall be for procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $290,900,000.
Intelligence Community Management Account
For necessary expenses of the Intelligence Community
Management Account, $707,912,000.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That
salary increases granted to direct and indirect hire foreign
national employees of the Department of Defense funded by this
Act shall not be at a rate in excess of the percentage increase
authorized by law for civilian employees of the Department of
Defense whose pay is computed under the provisions of section
5332 of title 5, United States Code, or at a rate in excess of
the percentage increase provided by the appropriate host nation
to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense
foreign service national employees serving at United States
diplomatic missions whose pay is set by the Department of State
under the Foreign Service Act of 1980: Provided further, That
the limitations of this provision shall not apply to foreign
national employees of the Department of Defense in the Republic
of Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to
obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget,
transfer not to exceed $4,000,000,000 of working capital funds
of the Department of Defense or funds made available in this
Act to the Department of Defense for military functions (except
military construction) between such appropriations or funds or
any subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which funds are requested has been denied by the
Congress: Provided further, That the Secretary of Defense shall
notify the Congress promptly of all transfers made pursuant to
this authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where
the item for which reprogramming is requested has been denied
by the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2010: Provided further,
That transfers among military personnel appropriations shall
not be taken into account for purposes of the limitation on the
amount of funds that may be transferred under this section:
Provided further, That no obligation of funds may be made
pursuant to section 1206 of Public Law 109-163 (or any
successor provision) unless the Secretary of Defense has
notified the congressional defense committees prior to any such
obligation.
Sec. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and
adjustments to budget activities corresponding to such
programs, projects, and activities) contained in the tables
titled ``Explanation of Project Level Adjustments'' in the
explanatory statement regarding this Act, the obligation and
expenditure of amounts appropriated or otherwise made available
in this Act for those programs, projects, and activities for
which the amounts appropriated exceed the amounts requested are
hereby required by law to be carried out in the manner provided
by such tables to the same extent as if the tables were
included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of
appropriations for purposes of section 8005 of this Act:
Provided, That section 8005 shall apply when transfers of the
amounts described in subsection (a) occur between appropriation
accounts.
Sec. 8007. (a) Not later than 60 days after enactment of this
Act, the Department of Defense shall submit a report to the
congressional defense committees to establish the baseline for
application of reprogramming and transfer authorities for
fiscal year 2010: Provided, That the report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
both by budget activity and program, project, and
activity as detailed in the Budget Appendix; and
(3) an identification of items of special
congressional interest.
(b) Notwithstanding section 8005 of this Act, none of the
funds provided in this Act shall be available for reprogramming
or transfer until the report identified in subsection (a) is
submitted to the congressional defense committees, unless the
Secretary of Defense certifies in writing to the congressional
defense committees that such reprogramming or transfer is
necessary as an emergency requirement.
Sec. 8008. The Secretaries of the Air Force and the Army are
authorized, using funds available under the headings
``Operation and Maintenance, Air Force'' and ``Operation and
Maintenance, Army'', to complete facility conversions and
phased repair projects which may include upgrades and additions
to Alaskan range infrastructure and training areas, and
improved access to these ranges.
(transfer of funds)
Sec. 8009. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided
further, That transfers may be made between working capital
funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance''
appropriation accounts in such amounts as may be determined by
the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be
made unless the Secretary of Defense has notified the Congress
of the proposed transfer. Except in amounts equal to the
amounts appropriated to working capital funds in this Act, no
obligations may be made against a working capital fund to
procure or increase the value of war reserve material
inventory, unless the Secretary of Defense has notified the
Congress prior to any such obligation.
Sec. 8010. Funds appropriated by this Act may not be used to
initiate a special access program without prior notification 30
calendar days in advance to the congressional defense
committees.
Sec. 8011. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in
any one year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any one year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part
of any appropriation contained in this Act shall be available
to initiate a multiyear contract for which the economic order
quantity advance procurement is not funded at least to the
limits of the Government's liability: Provided further, That no
part of any appropriation contained in this Act shall be
available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically provided
in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to
the congressional defense committees: Provided further, That
the execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared to an
annual procurement: Provided further, That none of the funds
provided in this Act may be used for a multiyear contract
executed after the date of the enactment of this Act unless in
the case of any such contract--
(1) the Secretary of Defense has submitted to
Congress a report within 30 days of enactment of this
Act that certifies full funding of units to be procured
through the contract and, in the case of a contract for
procurement of aircraft, that includes, for any
aircraft unit to be procured through the contract for
which procurement funds are identified in that report
for production beyond advance procurement activities in
the fiscal year 2010 budget, full funding of
procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not
include consideration of recurring manufacturing costs
of the contractor associated with the production of
unfunded units to be delivered under the contract;
(3) the contract provides that payments to the
contractor under the contract shall not be made in
advance of incurred costs on funded units; and
(4) the contract does not provide for a price
adjustment based on a failure to award a follow-on
contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
F-18 aircraft variants.
Sec. 8012. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United States
Code, for humanitarian and civic assistance costs under chapter
20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs
incidental to authorized operations and pursuant to authority
granted in section 401 of chapter 20 of title 10, United States
Code, and these obligations shall be reported as required by
section 401(d) of title 10, United States Code: Provided, That
funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance by
using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities
and transportation to such facilities, on a nonreimbursable
basis, for civilian patients from American Samoa, the
Commonwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8013. (a) During fiscal year 2010, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day of
such fiscal year.
(b) The fiscal year 2011 budget request for the Department of
Defense as well as all justification material and other
documentation supporting the fiscal year 2011 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2011.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8014. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before the Congress.
Sec. 8015. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving
benefits paid by the Secretary of Veterans Affairs from the
Department of Defense Education Benefits Fund when time spent
as a full-time student is credited toward completion of a
service commitment: Provided, That this section shall not apply
to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That this section applies
only to active components of the Army.
Sec. 8016. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
more than 10 Department of Defense civilian employees unless--
(1) the conversion is based on the result of a
public-private competition that includes a most
efficient and cost effective organization plan
developed by such activity or function;
(2) the Competitive Sourcing Official determines
that, over all performance periods stated in the
solicitation of offers for performance of the activity
or function, the cost of performance of the activity or
function by a contractor would be less costly to the
Department of Defense by an amount that equals or
exceeds the lesser of--
(A) 10 percent of the most efficient
organization's personnel-related costs for
performance of that activity or function by
Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for
a proposal that would reduce costs for the Department
of Defense by--
(A) not making an employer-sponsored health
insurance plan available to the workers who are
to be employed in the performance of that
activity or function under the contract; or
(B) offering to such workers an employer-
sponsored health benefits plan that requires
the employer to contribute less towards the
premium or subscription share than the amount
that is paid by the Department of Defense for
health benefits for civilian employees under
chapter 89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to
subsection (a) of this section or subsection (a), (b), or (c)
of section 2461 of title 10, United States Code, and
notwithstanding any administrative regulation, requirement, or
policy to the contrary shall have full authority to enter into
a contract for the performance of any commercial or industrial
type function of the Department of Defense that--
(A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act
(41 U.S.C. 47);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely
handicapped individuals in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by
an Indian tribe, as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(e)), or a Native Hawaiian Organization,
as defined in section 8(a)(15) of the Small Business
Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or
contracts for depot maintenance as provided in sections 2469
and 2474 of title 10, United States Code.
(c) The conversion of any activity or function of the
Department of Defense under the authority provided by this
section shall be credited toward any competitive or outsourcing
goal, target, or measurement that may be established by
statute, regulation, or policy and is deemed to be awarded
under the authority of, and in compliance with, subsection (h)
of section 2304 of title 10, United States Code, for the
competition or outsourcing of commercial activities.
(transfer of funds)
Sec. 8017. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege Program
developmental assistance agreement pursuant to section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), as amended, under
the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8018. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the anchor
and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United
States: Provided, That for the purpose of this section, the
term ``manufactured'' shall include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That for
the purpose of this section substantially all of the components
of anchor and mooring chain shall be considered to be produced
or manufactured in the United States if the aggregate cost of
the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis, the
Secretary of the service responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations that such an
acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8019. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1 Carbines,
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber
rifles, or M-1911 pistols, or to demilitarize or destroy small
arms ammunition or ammunition components that are not otherwise
prohibited from commercial sale under Federal law, unless the
small arms ammunition or ammunition components are certified by
the Secretary of the Army or designee as unserviceable or
unsafe for further use.
Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization, unit,
activity or function of the Department of Defense into or
within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8021. In addition to the funds provided elsewhere in
this Act, $15,000,000 is appropriated only for incentive
payments authorized by section 504 of the Indian Financing Act
of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or
a subcontractor at any tier that makes a subcontract award to
any subcontractor or supplier as defined in section 1544 of
title 25, United States Code, or a small business owned and
controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be
considered a contractor for the purposes of being allowed
additional compensation under section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544) whenever the prime
contract or subcontract amount is over $500,000 and involves
the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to
any fiscal year: Provided further, That notwithstanding section
430 of title 41, United States Code, this section shall be
applicable to any Department of Defense acquisition of supplies
or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or
manufactured, in whole or in part by any subcontractor or
supplier defined in section 1544 of title 25, United States
Code, or a small business owned and controlled by an individual
or individuals defined under section 4221(9) of title 25,
United States Code.
Sec. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8023. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds the period permitted by section 322 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
84).
Sec. 8024. During the current fiscal year, the Department of
Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of
title 10, United States Code, in anticipation of receipt of
contributions, only from the Government of Kuwait, under that
section: Provided, That upon receipt, such contributions from
the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8025. (a) Of the funds made available in this Act, not
less than $33,756,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $26,433,000 shall be available from ``Operation
and Maintenance, Air Force'' to support Civil Air
Patrol Corporation operation and maintenance,
readiness, counterdrug activities, and drug demand
reduction activities involving youth programs;
(2) $6,426,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $897,000 shall be available from ``Other
Procurement, Air Force'' for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug
activities in support of Federal, State, and local government
agencies.
Sec. 8026. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated
by an organization managing another FFRDC, or as a nonprofit
membership corporation consisting of a consortium of other
FFRDCs and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be
allowed travel expenses and per diem as authorized under the
Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2010 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government
grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation
in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2010, not more
than 5,600 staff years of technical effort (staff years) may be
funded for defense FFRDCs: Provided, That of the specific
amount referred to previously in this subsection, not more than
1,100 staff years may be funded for the defense studies and
analysis FFRDCs: Provided further, That this subsection shall
not apply to staff years funded in the National Intelligence
Program (NIP) and the Military Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 2011 budget request, submit a
report presenting the specific amounts of staff years of
technical effort to be allocated for each defense FFRDC during
that fiscal year and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
reduced by $125,200,000.
Sec. 8027. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor steel
plate: Provided further, That the Secretary of the military
department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enactment of
this Act.
Sec. 8028. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the Subcommittee
on Defense of the Committee on Appropriations of the House of
Representatives.
Sec. 8029. During the current fiscal year, the Department of
Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
Defense Agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private bids:
Provided further, That Office of Management and Budget Circular
A-76 shall not apply to competitions conducted under this
section.
Sec. 8030. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms of
the agreement by discriminating against certain types of
products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with respect
to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the Buy
American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2010. Such report shall
separately indicate the dollar value of items for which the Buy
American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C.
2501 et seq.), or any international agreement to which the
United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments for
the fiscal year ending June 30, 1934, and for other purposes'',
approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8031. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility
Investment Recovery Account established by section 2921(c)(1)
of the National Defense Authorization Act of 1991 (Public Law
101-510; 10 U.S.C. 2687 note) shall be available until expended
for the payments specified by section 2921(c)(2) of that Act.
Sec. 8032. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the
States of Nevada, Idaho, North Dakota, South Dakota, Montana,
Oregon, and Minnesota relocatable military housing units
located at Grand Forks Air Force Base, Malmstrom Air Force
Base, Mountain Home Air Force Base, Ellsworth Air Force Base,
and Minot Air Force Base that are excess to the needs of the
Air Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a)
in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield
Program on behalf of Indian tribes located in the States of
Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, and
Minnesota.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) In this section, the term ``Indian tribe'' means any
recognized Indian tribe included on the current list published
by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-
454; 108 Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8033. During the current fiscal year, appropriations
which are available to the Department of Defense for operation
and maintenance may be used to purchase items having an
investment item unit cost of not more than $250,000.
Sec. 8034. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an
investment item for the purpose of acquiring a new inventory
item for sale or anticipated sale during the current fiscal
year or a subsequent fiscal year to customers of the Department
of Defense Working Capital Funds if such an item would not have
been chargeable to the Department of Defense Business
Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current
fiscal year to appropriations made to the Department of Defense
for procurement.
(b) The fiscal year 2011 budget request for the Department of
Defense as well as all justification material and other
documentation supporting the fiscal year 2011 Department of
Defense budget shall be prepared and submitted to the Congress
on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in
this Act shall be budgeted for in a proposed fiscal year 2011
procurement appropriation and not in the supply management
business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8035. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year, except
for funds appropriated for the Reserve for Contingencies, which
shall remain available until September 30, 2011: Provided, That
funds appropriated, transferred, or otherwise credited to the
Central Intelligence Agency Central Services Working Capital
Fund during this or any prior or subsequent fiscal year shall
remain available until expended: Provided further, That any
funds appropriated or transferred to the Central Intelligence
Agency for advanced research and development acquisition, for
agent operations, and for covert action programs authorized by
the President under section 503 of the National Security Act of
1947, as amended, shall remain available until September 30,
2011.
Sec. 8036. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of
General Defense Intelligence Program intelligence
communications and intelligence information systems for the
Services, the Unified and Specified Commands, and the component
commands.
Sec. 8037. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative
support, the gathering of information, documenting of
environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of
Defense activities.
Sec. 8038. (a) None of the funds appropriated in this Act may
be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy
American Act. For purposes of this subsection, the term ``Buy
American Act'' means title III of the Act entitled ``An Act
making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a
``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f of
title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the
Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8039. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform the
proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant
scientific or technological promise, represents the
product of original thinking, and was submitted in
confidence by one source; or
(3) the purpose of the contract is to take advantage
of unique and significant industrial accomplishment by
a specific concern, or to insure that a new product or
idea of a specific concern is given financial support:
Provided, That this limitation shall not apply to
contracts in an amount of less than $25,000, contracts
related to improvements of equipment that is in
development or production, or contracts as to which a
civilian official of the Department of Defense, who has
been confirmed by the Senate, determines that the award
of such contract is in the interest of the national
defense.
Sec. 8040. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed
Forces or civilian employee of the department who is
transferred or reassigned from a headquarters activity
if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver will
reduce the personnel requirements or the financial requirements
of the department.
(c) This section does not apply to--
(1) field operating agencies funded within the
National Intelligence Program; or
(2) an Army field operating agency established to
eliminate, mitigate, or counter the effects of
improvised explosive devices, and, as determined by the
Secretary of the Army, other similar threats.
Sec. 8041. The Secretary of Defense, notwithstanding any
other provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, may use funds made
available in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' to make grants and supplement other
Federal funds in accordance with the guidance provided in the
explanatory statement regarding this Act.
(rescissions)
Sec. 8042. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Research, Development, Test and Evaluation, Navy,
2009/2010'', $20,000,000;
``Research, Development, Test and Evaluation, Air
Force, 2009/2010'', $98,430,000;
``Research, Development, Test and Evaluation,
Defense-Wide, 2009/2010'', $154,457,000;
``Procurement of Weapons and Tracked Combat Vehicles,
Army, 2009/2011'', $41,087,000;
``Other Procurement, Army, 2009/2011'', $138,239,000;
``Other Procurement, Navy, 2009/2011'', $84,844,000;
``Aircraft Procurement, Air Force, 2009/2011'',
$628,900,000;
``Missile Procurement, Air Force, 2009/2011'',
$60,000,000;
``Other Procurement, Air Force, 2009/2011'',
$10,900,000;
``Procurement, Defense-Wide, 2009/2011'', $5,200,000;
and
``Procurement, Defense-Wide, 2008/2010'', $2,000,000.
Sec. 8043. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian)
technicians of the Army National Guard, Air National Guard,
Army Reserve and Air Force Reserve for the purpose of applying
any administratively imposed civilian personnel ceiling,
freeze, or reduction on military (civilian) technicians, unless
such reductions are a direct result of a reduction in military
force structure.
Sec. 8044. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of Korea unless
specifically appropriated for that purpose.
Sec. 8045. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and
Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National
Intelligence Program and the Military Intelligence Program:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
Sec. 8046. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian
medical and medical support personnel assigned to military
treatment facilities below the September 30, 2003, level:
Provided, That the Service Surgeons General may waive this
section by certifying to the congressional defense committees
that the beneficiary population is declining in some catchment
areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based
budgeting.
Sec. 8047. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or
counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided in
an appropriations law.
Sec. 8048. None of the funds appropriated by this Act may be
used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin:
Provided, That the Secretary of the military department
responsible for such procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate, that adequate domestic supplies are not available to
meet Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That this restriction shall not apply to the purchase of
``commercial items'', as defined by section 4(12) of the Office
of Federal Procurement Policy Act, except that the restriction
shall apply to ball or roller bearings purchased as end items.
Sec. 8049. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security
purposes that is not available from United States
manufacturers.
Sec. 8050. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or
employee of the Department of Defense who approves or
implements the transfer of administrative responsibilities or
budgetary resources of any program, project, or activity
financed by this Act to the jurisdiction of another Federal
agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall
not apply to transfers of funds expressly provided for in
Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8051. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization any
defense articles or services (other than intelligence services)
for use in the activities described in subsection (b) unless
the congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate are notified 15 days in advance
of such transfer.
(b) This section applies to--
(1) any international peacekeeping or peace-
enforcement operation under the authority of chapter VI
or chapter VII of the United Nations Charter under the
authority of a United Nations Security Council
resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the
following--
(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equipment
or supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed
to be transferred will have to be replaced and,
if so, how the President proposes to provide
funds for such replacement.
Sec. 8052. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay a
contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in excess
of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs
associated with a business combination.
(including transfer of funds)
Sec. 8053. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of military
personnel, to be merged with, and to be available for the same
time period as the appropriations to which transferred, to be
used in support of such personnel in connection with support
and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10,
United States Code.
Sec. 8054. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which
the period of availability for obligation has expired or which
has closed under the provisions of section 1552 of title 31,
United States Code, and which has a negative unliquidated or
unexpended balance, an obligation or an adjustment of an
obligation may be charged to any current appropriation account
for the same purpose as the expired or closed account if--
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of the
Department of Defense; and
(3) in the case of an expired account, the obligation
is not chargeable to a current appropriation of the
Department of Defense under the provisions of section
1405(b)(8) of the National Defense Authorization Act
for Fiscal Year 1991, Public Law 101-510, as amended
(31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation
discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any
charge to a current account under the authority of this
section shall be reversed and recorded against the
expired account: Provided further, That the total
amount charged to a current appropriation under this
section may not exceed an amount equal to 1 percent of
the total appropriation for that account.
Sec. 8055. (a) In General.--Service as a member of the Alaska
Territorial Guard during World War II of any individual who was
honorably discharged therefrom under section 8147 of the
Department of Defense Appropriations Act, 2001 (Public Law 106-
259; 114 Stat. 705) shall be treated as active service for
purposes of the computation under chapter 61, 71, 371, 571,
871, or 1223 of title 10, United States Code, as applicable, of
the retired pay to which such individual may be entitled under
title 10, United States Code.
(b) Applicability.--Subsection (a) shall apply with respect
to amounts of retired pay payable under title 10, United States
Code, for months beginning on or after the date of the
enactment of this Act. No retired pay shall be paid to any
individual by reason of subsection (a) for any period before
that date.
(c) World War II Defined.--In this section, the term ``World
War II'' has the meaning given that term in section 101(8) of
title 38, United States Code.
Sec. 8056. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis.
The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning
Project and be available to defray the costs associated with
the use of equipment of the project under that subsection. Such
funds shall be available for such purposes without fiscal year
limitation.
Sec. 8057. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That in
the City of Kaiserslautern such agreements will include the use
of United States anthracite as the base load energy for
municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
Sec. 8058. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8059. None of the funds made available in this Act may
be used to approve or license the sale of the F-22A advanced
tactical fighter to any foreign government: Provided, That the
Department of Defense may conduct or participate in studies,
research, design and other activities to define and develop a
future export version of the F-22A that protects classified and
sensitive information, technologies and U.S. warfighting
capabilities.
Sec. 8060. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between the
Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or
after the date of the enactment of this Act; and
(2) options for the procurement of items that are
exercised after such date under contracts that are
entered into before such date if the option prices are
adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food,
and clothing or textile materials as defined by section 11
(chapters 50-65) of the Harmonized Tariff Schedule and products
classified under headings 4010, 4202, 4203, 6401 through 6406,
6505, 7019, 7218 through 7229, 7304.41 through 7304.49,
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and
9404.
Sec. 8061. (a) None of the funds made available by this Act
may be used to support any training program involving a unit of
the security forces of a foreign country if the Secretary of
Defense has received credible information from the Department
of State that the unit has committed a gross violation of human
rights, unless all necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to
conduct any training program referred to in subsection (a),
full consideration is given to all credible information
available to the Department of State relating to human rights
violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a)
if he determines that such waiver is required by extraordinary
circumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a
report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign
security forces involved in the training program, and the
information relating to human rights violations that
necessitates the waiver.
Sec. 8062. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to
develop, lease or procure the T-AKE class of ships unless the
main propulsion diesel engines and propulsors are manufactured
in the United States by a domestically operated entity:
Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes or
there exists a significant cost or quality difference.
Sec. 8063. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
Sec. 8064. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new
start advanced concept technology demonstration project or
joint capability demonstration project may only be obligated 30
days after a report, including a description of the project,
the planned acquisition and transition strategy and its
estimated annual and total cost, has been provided in writing
to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
Sec. 8065. The Secretary of Defense shall provide a
classified quarterly report beginning 30 days after enactment
of this Act, to the House and Senate Appropriations Committees,
Subcommittees on Defense on certain matters as directed in the
classified annex accompanying this Act.
Sec. 8066. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide
support to another department or agency of the United States if
such department or agency is more than 90 days in arrears in
making payment to the Department of Defense for goods or
services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not
apply if the department is authorized by law to provide support
to such department or agency on a nonreimbursable basis, and is
providing the requested support pursuant to such authority:
Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national
security interest to do so.
Sec. 8067. Notwithstanding section 12310(b) of title 10,
United States Code, a Reserve who is a member of the National
Guard serving on full-time National Guard duty under section
502(f) of title 32, United States Code, may perform duties in
support of the ground-based elements of the National Ballistic
Missile Defense System.
Sec. 8068. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
incendiary (API)'', or ``armor-piercing incendiary-tracer (API-
T)'', except to an entity performing demilitarization services
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the Department
of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with
the Department of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of
Unclassified Military Articles issued by the Department of
State.
Sec. 8069. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise
would be required under section 2667 of title 10, United States
Code, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in
section 508(d) of title 32, United States Code, or any other
youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8070. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation is
located in more than one State, purchases may be made in any
State in which the installation is located: Provided further,
That such local procurement requirements for malt beverages and
wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another
State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
Sec. 8071. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year
may be used to fund civil requirements associated with the
satellite and ground control segments of such system's
modernization program.
(including transfer of funds)
Sec. 8072. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $106,754,000 shall
remain available until expended: Provided, That notwithstanding
any other provision of law, the Secretary of Defense is
authorized to transfer such funds to other activities of the
Federal Government: Provided further, That the Secretary of
Defense is authorized to enter into and carry out contracts for
the acquisition of real property, construction, personal
services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts
entered into under the authority of this section may provide
for such indemnification as the Secretary determines to be
necessary: Provided further, That projects authorized by this
section shall comply with applicable Federal, State, and local
law to the maximum extent consistent with the national
security, as determined by the Secretary of Defense.
Sec. 8073. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-
111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in
fiscal year 2010.
Sec. 8074. In addition to amounts provided elsewhere in this
Act, $3,750,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended:
Provided, That notwithstanding any other provision of law,
these funds shall be available only for a grant to the Fisher
House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
(including transfer of funds)
Sec. 8075. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-
Wide'', $202,434,000 shall be for the Israeli Cooperative
Programs: Provided, That of this amount, $80,092,000 shall be
for the Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development under
the SRBMD program, $50,036,000 shall be available for an upper-
tier component to the Israeli Missile Defense Architecture, and
$72,306,000 shall be for the Arrow Missile Defense Program, of
which $25,000,000 shall be for producing Arrow missile
components in the United States and Arrow missile components in
Israel to meet Israel's defense requirements, consistent with
each nation's laws, regulations and procedures: Provided
further, That funds made available under this provision for
production of missiles and missile components may be
transferred to appropriations available for the procurement of
weapons and equipment, to be merged with and to be available
for the same time period and the same purposes as the
appropriation to which transferred: Provided further, That the
transfer authority provided under this provision is in addition
to any other transfer authority contained in this Act.
(including transfer of funds)
Sec. 8076. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $144,950,000
shall be available until September 30, 2010, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of
this Act, the Secretary of the Navy shall transfer such funds
to the following appropriations in the amounts specified:
Provided further, That the amounts transferred shall be merged
with and be available for the same purposes as the
appropriations to which transferred:
To:
Under the heading ``Shipbuilding and
Conversion, Navy, 2004/2010'':
New SSN, $26,906,000; and
LPD-17 Amphibious Transport Dock
Program, $16,844,000.
Under the heading ``Shipbuilding and
Conversion, Navy, 2005/2010'':
New SSN, $18,702,000; and
LPD-17 Amphibious Transport Dock
Program, $16,498,000.
Under the heading ``Shipbuilding and
Conversion, Navy, 2008/2012'':
LPD-17 Amphibious Transport Dock
Program, $66,000,000.
Sec. 8077. None of the funds available to the Department of
Defense may be obligated to modify command and control
relationships to give Fleet Forces Command administrative and
operational control of U.S. Navy forces assigned to the Pacific
fleet: Provided, That the command and control relationships
which existed on October 1, 2004, shall remain in force unless
changes are specifically authorized in a subsequent Act.
Sec. 8078. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the
provisions of section 7403(g) of title 38, United States Code,
for occupations listed in section 7403(a)(2) of title 38,
United States Code, as well as the following:
Pharmacists, Audiologists, Psychologists, Social
Workers, Othotists/Prosthetists, Occupational
Therapists, Physical Therapists, Rehabilitation
Therapists, Respiratory Therapists, Speech
Pathologists, Dietitian/Nutritionists, Industrial
Hygienists, Psychology Technicians, Social Service
Assistants, Practical Nurses, Nursing Assistants, and
Dental Hygienists:
(A) The requirements of section 7403(g)(1)(A)
of title 38, United States Code, shall apply.
(B) The limitations of section 7403(g)(1)(B)
of title 38, United States Code, shall not
apply.
Sec. 8079. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security
Act of 1947 (50 U.S.C. 414) during fiscal year 2010 until the
enactment of the Intelligence Authorization Act for Fiscal Year
2010.
Sec. 8080. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or
activity unless such program, project, or activity must be
undertaken immediately in the interest of national security and
only after written prior notification to the congressional
defense committees.
Sec. 8081. In addition to funds made available elsewhere in
this Act, $5,500,000 is hereby appropriated and shall remain
available until expended to provide assistance, by grant or
otherwise (such as the provision of funds for information
technology and textbook purchases, professional development for
educators, and student transition support) to public schools in
states that are considered overseas assignments with unusually
high concentrations of special needs military dependents
enrolled: Provided, That up to 2 percent of the total
appropriated funds under this section shall be available for
the administration and execution of the programs and/or events
that promote the purpose of this appropriation: Provided
further, That up to 5 percent of the total appropriated funds
under this section shall be available to public schools that
have entered into a military partnership: Provided further,
That $1,000,000 shall be available for a nonprofit trust fund
to assist in the public-private funding of public school repair
and maintenance projects: Provided further, That $500,000 shall
be available to fund an ongoing special education support
program in public schools with unusually high concentrations of
active duty military dependents enrolled: Provided further,
That to the extent a Federal agency provides this assistance by
contract, grant, or otherwise, it may accept and expend non-
Federal funds in combination with these Federal funds to
provide assistance for the authorized purpose.
Sec. 8082. (a) In addition to the amounts provided elsewhere
in this Act, $3,000,000 is hereby appropriated to the
Department of Defense for ``Operation and Maintenance, Army
National Guard''. Such amount shall be made available to the
Secretary of the Army only to make a grant in the amount of
$3,000,000 to the entity specified in subsection (b) to
facilitate access by veterans to opportunities for skilled
employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center
for Military Recruitment, Assessment and Veterans Employment, a
nonprofit labor-management cooperation committee provided for
by section 302(c)(9) of the Labor-Management Relations Act,
1947 (29 U.S.C. 186(c)(9)), for the purposes set forth in
section 6(b) of the Labor Management Cooperation Act of 1978
(29 U.S.C. 175a note).
Sec. 8083. The budget of the President for fiscal year 2011
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification
documents for costs of United States Armed Forces'
participation in contingency operations for the Military
Personnel accounts, the Operation and Maintenance accounts, and
the Procurement accounts: Provided, That these documents shall
include a description of the funding requested for each
contingency operation, for each military service, to include
all Active and Reserve components, and for each appropriations
account: Provided further, That these documents shall include
estimated costs for each element of expense or object class, a
reconciliation of increases and decreases for each contingency
operation, and programmatic data including, but not limited to,
troop strength for each Active and Reserve component, and
estimates of the major weapons systems deployed in support of
each contingency: Provided further, That these documents shall
include budget exhibits OP-5 and OP-32 (as defined in the
Department of Defense Financial Management Regulation) for all
contingency operations for the budget year and the two
preceding fiscal years.
Sec. 8084. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or
deployment of nuclear armed interceptors of a missile defense
system.
Sec. 8085. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $110,640,000 is
hereby appropriated to the Department of Defense: Provided,
That the Secretary of Defense shall make grants in the amounts
specified as follows: $15,000,000 to the United Service
Organizations; $22,500,000 to the Red Cross; $6,000,000 to the
SOAR Virtual School District; $5,000,000 to The Presidio
Heritage Center; $5,000,000 to the Paralympics Military
Program; $3,840,000 to the Arrest Deterioration of Ford Island
Aviation Control Tower, Pearl Harbor, Hawaii; $1,500,000 to the
Go For Broke program; $800,000 to Our Military Kids; $3,000,000
to the New Jersey Technology Center; $1,600,000 to the Women in
Military Service for America Memorial; $500,000 to the Marshall
Legacy Institute; $1,000,000 to the Vietnam Veterans Memorial
Fund for Demining Activities; $18,900,000 to the Edward M.
Kennedy Institute for the Senate; $5,000,000 to the U.S.S.
Missouri Memorial Association; $20,000,000 to the National
World War II Museum; and $1,000,000 for the Riverside General
Hospital in Houston, Texas, for the treatment of psychological
health issues.
Sec. 8086. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the
operation of the 53rd Weather Reconnaissance Squadron of the
Air Force Reserve, if such action would reduce the WC-130
Weather Reconnaissance mission below the levels funded in this
Act: Provided, That the Air Force shall allow the 53rd Weather
Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8087. None of the funds provided in this Act shall be
available for integration of foreign intelligence information
unless the information has been lawfully collected and
processed during the conduct of authorized foreign intelligence
activities: Provided, That information pertaining to United
States persons shall only be handled in accordance with
protections provided in the Fourth Amendment of the United
States Constitution as implemented through Executive Order No.
12333.
Sec. 8088. (a) At the time members of reserve components of
the Armed Forces are called or ordered to active duty under
section 12302(a) of title 10, United States Code, each member
shall be notified in writing of the expected period during
which the member will be mobilized.
(b) The Secretary of Defense may waive the requirements of
subsection (a) in any case in which the Secretary determines
that it is necessary to do so to respond to a national security
emergency or to meet dire operational requirements of the Armed
Forces.
(including transfer of funds)
Sec. 8089. The Secretary of Defense may transfer funds from
any available Department of the Navy appropriation to any
available Navy ship construction appropriation for the purpose
of liquidating necessary changes resulting from inflation,
market fluctuations, or rate adjustments for any ship
construction program appropriated in law: Provided, That the
Secretary may transfer not to exceed $100,000,000 under the
authority provided by this section: Provided further, That the
Secretary may not transfer any funds until 30 days after the
proposed transfer has been reported to the Committees on
Appropriations of the House of Representatives and the Senate,
unless a response from the Committees is received sooner:
Provided further, That the transfer authority provided by this
section is in addition to any other transfer authority
contained elsewhere in this Act.
Sec. 8090. For purposes of section 612 of title 41, United
States Code, any subdivision of appropriations made under the
heading ``Shipbuilding and Conversion, Navy'' that is not
closed at the time reimbursement is made shall be available to
reimburse the Judgment Fund and shall be considered for the
same purposes as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in the
current fiscal year or any prior fiscal year.
Sec. 8091. (a) None of the funds appropriated by this Act may
be used to transfer research and development, acquisition, or
other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ-1C Sky Warrior Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters
relating to the employment of unmanned aerial vehicles.
Sec. 8092. Of the funds provided in this Act, $10,000,000
shall be available for the operations and development of
training and technology for the Joint Interagency Training and
Education Center and the affiliated Center for National
Response at the Memorial Tunnel and for providing homeland
defense/security and traditional warfighting training to the
Department of Defense, other Federal agencies, and State and
local first responder personnel at the Joint Interagency
Training and Education Center.
Sec. 8093. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates for
civilian employees hired for certain health care occupations as
authorized for the Secretary of Veterans Affairs by section
7455 of title 38, United States Code.
Sec. 8094. Up to $16,000,000 of the funds appropriated under
the heading ``Operation and Maintenance, Navy'' may be made
available for the Asia Pacific Regional Initiative Program for
the purpose of enabling the Pacific Command to execute Theater
Security Cooperation activities such as humanitarian
assistance, and payment of incremental and personnel costs of
training and exercising with foreign security forces: Provided,
That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses:
Provided further, That funds may not be obligated to provide
assistance to any foreign country that is otherwise prohibited
from receiving such type of assistance under any other
provision of law.
Sec. 8095. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal
year, except for funds appropriated for research and
technology, which shall remain available until September 30,
2011.
Sec. 8096. For purposes of section 1553(b) of title 31,
United States Code, any subdivision of appropriations made in
this Act under the heading ``Shipbuilding and Conversion,
Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion,
Navy'' appropriations in any prior fiscal year, and the 1
percent limitation shall apply to the total amount of the
appropriation.
Sec. 8097. Notwithstanding any other provision of this Act,
to reflect savings from revised economic assumptions, the total
amount appropriated in title II of this Act is hereby reduced
by $194,000,000, the total amount appropriated in title III of
this Act is hereby reduced by $322,000,000, the total amount
appropriated in title IV of this Act is hereby reduced by
$336,000,000, and the total amount appropriated in title V of
this Act is hereby reduced by $9,000,000: Provided, That the
Secretary of Defense shall allocate this reduction
proportionally to each budget activity, activity group,
subactivity group, and each program, project, and activity,
within each appropriation account.
Sec. 8098. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act for
environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract
value of $130,000,000 or higher.
Sec. 8099. The Secretary of Defense shall create a major
force program category for space for the Future Years Defense
Program of the Department of Defense. The Secretary of Defense
shall designate an official in the Office of the Secretary of
Defense to provide overall supervision of the preparation and
justification of program recommendations and budget proposals
to be included in such major force program category.
Sec. 8100. The Director of National Intelligence shall
include the budget exhibits identified in paragraphs (1) and
(2) as described in the Department of Defense Financial
Management Regulation with the congressional budget
justification books.
(1) For procurement programs requesting more than
$20,000,000 in any fiscal year, the P-1, Procurement
Program; P-5, Cost Analysis; P-5a, Procurement History
and Planning; P-21, Production Schedule; and P-40,
Budget Item Justification.
(2) For research, development, test and evaluation
projects requesting more than $10,000,000 in any fiscal
year, the R-1, RDT&E Program; R-2, RDT&E Budget Item
Justification; R-3, RDT&E Project Cost Analysis; and R-
4, RDT&E Program Schedule Profile.
Sec. 8101. Notwithstanding any other provision of law, none
of the funds made available in this Act may be used to pay
negotiated indirect cost rates on a contract, grant, or
cooperative agreement (or similar arrangement) entered into by
the Department of Defense and an entity in excess of 35 percent
of the total cost of the contract, grant, or agreement (or
similar arrangement): Provided, That this limitation shall
apply only to contracts, grants, or cooperative agreements
entered into after the date of enactment of this Act using
funds made available in this Act for basic research.
Sec. 8102. The Secretary of Defense shall maintain on the
homepage of the Internet website of the Department of Defense a
direct link to the Internet website of the Office of Inspector
General of the Department of Defense.
Sec. 8103. (a) Not later than 60 days after enactment of this
Act, the Office of the Director of National Intelligence shall
submit a report to the congressional intelligence committees to
establish the baseline for application of reprogramming and
transfer authorities for fiscal year 2010: Provided, That the
report shall include--
(1) a table for each appropriation with a separate
column to display the President's budget request,
adjustments made by Congress, adjustments due to
enacted rescissions, if appropriate, and the fiscal
year enacted level;
(2) a delineation in the table for each appropriation
by Expenditure Center and project; and
(3) an identification of items of special
congressional interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or
transfer until the report identified in subsection (a) is
submitted to the congressional intelligence committees, unless
the Director of National Intelligence certifies in writing to
the congressional intelligence committees that such
reprogramming or transfer is necessary as an emergency
requirement.
Sec. 8104. The Director of National Intelligence shall
submit to Congress each year, at or about the time that the
President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting
the estimated expenditures and proposed appropriations included
in that budget. Any such future-years intelligence program
shall cover the fiscal year with respect to which the budget is
submitted and at least the four succeeding fiscal years.
Sec. 8105. For the purposes of this Act, the term
``congressional intelligence committees'' means the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives, and the
Subcommittee on Defense of the Committee on Appropriations of
the Senate.
Sec. 8106. The Department of Defense shall continue to
report incremental contingency operations costs for Operation
Iraqi Freedom and Operation Enduring Freedom on a monthly basis
in the Cost of War Execution Report as prescribed in the
Department of Defense Financial Management Regulation
Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.
Sec. 8107. The amounts appropriated in title II of this Act
are hereby reduced by $400,000,000 to reflect excess cash
balances in Department of Defense Working Capital Funds, as
follows:
(1) From ``Operation and Maintenance, Army'',
$150,000,000; and
(2) From ``Operation and Maintenance, Air Force'',
$250,000,000.
(including transfer of funds)
Sec. 8108. (a) Continuation of Stop-Loss Special Pay.--Funds
appropriated by this Act, or made available by the transfer of
funds in this Act, shall be made available to the Secretaries
of the military departments only to provide special pay during
fiscal year 2010 to members of the Army, Navy, Air Force, and
Marine Corps, including members of their reserve components,
who, at any time during fiscal year 2010, serve on active duty
while the members' enlistment or period of obligated service is
extended, or whose eligibility for retirement is suspended,
pursuant to section 123 or 12305 of title 10, United States
Code, or any other provision of law (commonly referred to as a
``stop-loss authority'') authorizing the President to extend an
enlistment or period of obligated service, or suspend an
eligibility for retirement, of a member of the uniformed
services in time of war or of national emergency declared by
Congress or the President.
(b) Special Pay Amount.--The amount of the special pay paid
under subsection (a) to or on behalf of an eligible member
shall be $500 per month for each month or portion of a month
during fiscal year 2010 that the member is retained on active
duty as a result of application of the stop-loss authority.
(c) Treatment of Deceased Members.--If an eligible member
described in subsection (a) dies before the payment required by
this section is made, the Secretary of the military department
concerned shall make the payment in accordance with section
2771 of title 10, United States Code.
(d) Clarification of Retroactive Stop-Loss Special Pay
Authority.--Section 310 of the Supplemental Appropriations Act,
2009 (Public Law 111-32; 123 Stat. 1870) is amended by adding
at the end the following new subsection:
``(i) Effect of Subsequent Reenlistment of Voluntary
Extension of Service.--Members of the Armed Forces, retired
members, and former members otherwise described in subsection
(a) are not eligible for a payment under this section if the
members--
``(1) voluntarily reenlisted or extended their
service after their enlistment or period of obligated
service was extended, or after their eligibility for
retirement was suspended, pursuant to a stop-loss
authority; and
``(2) received a bonus for such reenlistment or
extension of service.''.
(including transfer of funds)
Sec. 8109. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ``Operation and Maintenance, Army'', ``Operation
and Maintenance, Navy'', and ``Operation and Maintenance, Air
Force'' may be transferred by the military department concerned
to its central fund established for Fisher Houses and Suites
pursuant to section 2493(d) of title 10, United States Code.
(including transfer of funds)
Sec. 8110. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $24,000,000 is available for
transfer by the Director of National Intelligence to other
departments and agencies for purposes of Government-wide
information sharing activities: Provided, That funds
transferred under this provision are to be merged with and
available for the same purposes and time period as the
appropriation to which transferred: Provided further, That the
Office of Management and Budget must approve any transfers made
under this provision.
Sec. 8111. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making
remittances to the Defense Acquisition Workforce Development
Fund in accordance with the requirements of section 1705 of
title 10, United States Code.
Sec. 8112. (a) High Priority National Guard Counterdrug
Programs.--Of the amount appropriated or otherwise made
available by title VI under the heading ``Drug Interdiction and
Counter-Drug Activities, Defense'', up to $15,000,000 shall be
available for the purpose of High Priority National Guard
Counterdrug Programs.
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the purpose specified in that subsection is
in addition to any other amounts made available by this Act for
that purpose.
apology to native peoples of the united states
Sec. 8113. (a) Acknowledgment and Apology.--The United
States, acting through Congress--
(1) recognizes the special legal and political
relationship Indian tribes have with the United States
and the solemn covenant with the land we share;
(2) commends and honors Native Peoples for the
thousands of years that they have stewarded and
protected this land;
(3) recognizes that there have been years of official
depredations, ill-conceived policies, and the breaking
of covenants by the Federal Government regarding Indian
tribes;
(4) apologizes on behalf of the people of the United
States to all Native Peoples for the many instances of
violence, maltreatment, and neglect inflicted on Native
Peoples by citizens of the United States;
(5) expresses its regret for the ramifications of
former wrongs and its commitment to build on the
positive relationships of the past and present to move
toward a brighter future where all the people of this
land live reconciled as brothers and sisters, and
harmoniously steward and protect this land together;
(6) urges the President to acknowledge the wrongs of
the United States against Indian tribes in the history
of the United States in order to bring healing to this
land; and
(7) commends the State governments that have begun
reconciliation efforts with recognized Indian tribes
located in their boundaries and encourages all State
governments similarly to work toward reconciling
relationships with Indian tribes within their
boundaries.
(b) Disclaimer.--Nothing in this section--
(1) authorizes or supports any claim against the
United States; or
(2) serves as a settlement of any claim against the
United States.
Sec. 8114. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
Sec. 8115. (a) It is the sense of Congress that--
(1) All of the National Nuclear Security
Administration sites, including the Nevada Test Site
can play an effective and essential role in developing
and demonstrating--
(A) innovative and effective methods for
treaty verification and the detection of
nuclear weapons and other materials; and
(B) related threat reduction technologies;
and
(2) the Administrator for Nuclear Security should
expand the mission of the Nevada Test Site to carry out
the role described in paragraph (1), including by--
(A) fully utilizing the inherent capabilities
and uniquely secure location of the Site;
(B) continuing to support the Nation's
nuclear weapons program and other national
security programs; and
(C) renaming the Site to reflect the expanded
mission of the Site.
(b) Not later than one year after the date of the enactment
of this Act, the Administrator for Nuclear Security shall
submit to the congressional defense committees and the
Subcommittees on Energy and Water Development of the Committees
on Appropriations a plan for improving the infrastructure of
the Nevada Test Site of the National Nuclear Security
Administration and, if the Administrator deems appropriate, all
other sites under the jurisdiction of the National Nuclear
Security Administration--
(1) to fulfill the expanded mission of the Site
described in subsection (a); and
(2) to make the Site available to support the threat
reduction programs of the entire national security
community, including threat reduction programs of the
National Nuclear Security Administration, the Defense
Threat Reduction Agency, the Department of Homeland
Security, and other agencies as appropriate.
Sec. 8116. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000 that is awarded
more than 60 days after the effective date of this Act, unless
the contractor agrees not to:
(1) enter into any agreement with any of its
employees or independent contractors that requires, as
a condition of employment, that the employee or
independent contractor agree to resolve through
arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault
and battery, intentional infliction of emotional
distress, false imprisonment, or negligent hiring,
supervision, or retention; or
(2) take any action to enforce any provision of an
existing agreement with an employee or independent
contractor that mandates that the employee or
independent contractor resolve through arbitration any
claim under title VII of the Civil Rights Act of 1964
or any tort related to or arising out of sexual assault
or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or
retention.
(b) None of the funds appropriated or otherwise made
available by this Act may be expended for any Federal contract
awarded more than 180 days after the effective date of this Act
unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any
action to enforce any provision of, any agreement as described
in paragraphs (1) and (2) of subsection (a), with respect to
any employee or independent contractor performing work related
to such subcontract. For purposes of this subsection, a
``covered subcontractor'' is an entity that has a subcontract
in excess of $1,000,000 on a contract subject to subsection
(a).
(c) The prohibitions in this section do not apply with
respect to a contractor's or subcontractor's agreements with
employees or independent contractors that may not be enforced
in a court of the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or
subcontractor for the purposes of a particular contract or
subcontract if the Secretary or the Deputy Secretary personally
determines that the waiver is necessary to avoid harm to
national security interests of the United States, and that the
term of the contract or subcontract is not longer than
necessary to avoid such harm. The determination shall set forth
with specificity the grounds for the waiver and for the
contract or subcontract term selected, and shall state any
alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any
determination under this subsection not less than 15 business
days before the contract or subcontract addressed in the
determination may be awarded.
Sec. 8117. (a) Prohibition on Conversion of Functions
Performed by Federal Employees to Contractor Performance.--None
of the funds appropriated or otherwise made available by this
Act, or that remain available for obligation for the Department
of Defense from the Consolidated Security, Disaster Assistance,
and Continuing Appropriations Act, 2009 (Public Law 110-329),
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5), and the Supplemental Appropriations Act, 2009 (Public
Law 111-32), may be used to begin or announce the competition
to award to a contractor or convert to performance by a
contractor any functions performed by Federal employees
pursuant to a study conducted under Office of Management and
Budget (OMB) Circular A-76.
(b) Exception.--The prohibition in subsection (a) shall not
apply to the award of a function to a contractor or the
conversion of a function to performance by a contractor
pursuant to a study conducted under Office of Management and
Budget (OMB) Circular A-76 once all reporting and
certifications required by section 325 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84) have
been satisfactorily completed.
Sec. 8118. (a)(1) No National Intelligence Program funds
appropriated in this Act may be used for a mission critical or
mission essential business management information technology
system that is not registered with the Director of National
Intelligence. A system shall be considered to be registered
with that officer upon the furnishing notice of the system,
together with such information concerning the system as the
Director of the Business Transformation Office may prescribe.
(2) During the current fiscal year no funds may be obligated
or expended for a financial management automated information
system, a mixed information system supporting financial and
non-financial systems, or a business system improvement of more
than $3,000,000, within the Intelligence Community without the
approval of the Business Transformation Investment Review
Board.
(b) The Director of the Business Transformation Office shall
provide the congressional intelligence committees a semi-annual
report of approvals under paragraph (1) no later than March 30
and September 30 of each year. The report shall include the
results of the Business Transformation Investment Review
Board's semi-annual activities, and each report shall certify
that the following steps have been taken for systems approved
under paragraph (1):
(1) Business process reengineering.
(2) An analysis of alternatives and an economic
analysis that includes a calculation of the return on
investment.
(3) Assurance the system is compatible with the
enterprise-wide business architecture.
(4) Performance measures.
(5) An information assurance strategy consistent with
the Chief Information Officer of the Intelligence
Community.
(c) This section shall not apply to any programmatic or
analytic systems or programmatic or analytic system
improvements.
(including transfer of funds)
Sec. 8119. In addition to funds made available elsewhere in
this Act, there is hereby appropriated $291,715,000, to remain
available until transferred: Provided, That these funds are
appropriated to the ``Tanker Replacement Transfer Fund''
(referred to as ``the Fund'' elsewhere in this section):
Provided further, That the Secretary of the Air Force may
transfer amounts in the Fund to ``Operation and Maintenance,
Air Force'', ``Aircraft Procurement, Air Force'', and
``Research, Development, Test and Evaluation, Air Force'', only
for the purposes of proceeding with a tanker acquisition
program: Provided further, That funds transferred shall be
merged with and be available for the same purposes and for the
same time period as the appropriations or fund to which
transferred: Provided further, That this transfer authority is
in addition to any other transfer authority available to the
Department of Defense: Provided further, That the Secretary of
the Air Force shall, not fewer than 15 days prior to making
transfers using funds provided in this section, notify the
congressional defense committees in writing of the details of
any such transfer: Provided further, That the Secretary shall
submit a report no later than 30 days after the end of each
fiscal quarter to the congressional defense committees
summarizing the details of the transfer of funds from this
appropriation.
Sec. 8120. (a) Resettlement Support and Other Public Benefits
for Certain Iraqi Refugees.--Section 1244(g) of the Refugee
Crisis in Iraq Act of 2007 (subtitle C of title XII of division
A of Public Law 110-181; 122 Stat. 398) is amended by striking
``for a period not to exceed eight months'' and inserting ``to
the same extent, and for the same periods of time, as such
refugees''.
(b) Resettlement Support and Other Public Benefits for
Certain Afghan Allies.--Section 602(b)(8) of the Afghan Allies
Protection Act of 2009 (title VI of division F of Public Law
111-8; 123 Stat. 809) is amended by striking ``for a period not
to exceed 8 months'' and inserting ``to the same extent, and
for the same periods of time, as such refugees''.
Sec. 8121. (a) Each congressionally directed spending item
specified in this Act or the explanatory statement regarding
this Act that is also identified in Senate Report 111-74 and
intended for award to a for-profit entity shall be subject to
acquisition regulations for full and open competition on the
same basis as each spending item intended for a for-profit
entity that is contained in the budget request of the
President.
(b) Exceptions.--Subsection (a) shall not apply to any
contract awarded--
(1) by a means that is required by Federal statute,
including for a purchase made under a mandated
preferential program;
(2) pursuant to the Small Business Act (15 U.S.C. 631
et seq.); or
(3) in an amount less than the simplified acquisition
threshold described in section 302A(a) of the Federal
Property and Administrative Services Act of 1949 (41
U.S.C. 252a(a)).
(c) Any congressionally directed spending item specified in
this Act or the explanatory statement regarding this Act that
is intended for award to a for-profit entity and is not covered
by the competition requirement specified in subsection (a),
shall be awarded under full and open competition, except that
any contract previously awarded under full and open competition
that remains in effect during fiscal year 2010 shall be
considered to have satisfied the conditions of full and open
competition.
(d) In this section, the term ``congressionally directed
spending item'' means the following:
(1) A congressionally directed spending item, as
defined in Rule XLIV of the Standing Rules of the
Senate.
(2) A congressional earmark for purposes of rule XXI
of the House of Representatives.
Sec. 8122. None of the funds appropriated or otherwise made
available by this Act may be used to award to a contractor or
convert to performance by a contractor any functions pursuant
to a study conducted under Office of Management and Budget
(OMB) Circular A-76 or as part of a utility privatization
authorized under section 2688 of title 10, United States Code
or under any other provision of law, that are performed by
Federal employees at the United States Military Academy, West
Point, as of the date of enactment of this Act.
Sec. 8123. None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 8124. The explanatory statement regarding this Act
printed in the House of Representatives section of the
Congressional Record on or about December 16, 2010, by the
Chairman of the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives shall have the
same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$9,958,840,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,388,601,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $778,722,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,667,376,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$293,137,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$37,040,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $31,337,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $19,822,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $824,966,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $9,500,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $47,821,154,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $5,475,925,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $3,430,258,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $9,216,319,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $7,490,900,000, of which:
(1) Not to exceed $12,500,000 for the Combatant
Commander Initiative Fund, to be used in support of
Operation Iraqi Freedom and Operation Enduring Freedom;
and
(2) Not to exceed $1,570,000,000, to remain available
until expended, for payments to reimburse key
cooperating nations for logistical, military, and other
support, including access provided to United States
military operations in support of Operation Iraqi
Freedom and Operation Enduring Freedom, notwithstanding
any other provision of law: Provided, That such
reimbursement payments may be made in such amounts as
the Secretary of Defense, with the concurrence of the
Secretary of State, and in consultation with the
Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation
determined by the Secretary of Defense to adequately
account for the support provided, and such
determination is final and conclusive upon the
accounting officers of the United States, and 15 days
following notification to the appropriate congressional
committees: Provided further, That these funds may be
used for the purpose of providing specialized training
and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a
non-reimbursable basis to coalition forces supporting
United States military operations in Iraq and
Afghanistan, and 15 days following notification to the
appropriate congressional committees: Provided further,
That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the
use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $204,326,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $68,059,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $86,667,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air
Force Reserve'', $125,925,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $321,646,000.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $289,862,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For an additional amount for expenses directly relating to
overseas contingency operations by United States military
forces, $5,000,000,000, to remain available for obligation
until expended: Provided, That of the funds made available
under this heading, the Secretary of Defense may transfer these
funds only to military personnel accounts, operation and
maintenance accounts, the defense health program appropriation,
the Mine Resistant Ambush Protected Vehicle Fund, and working
capital funds accounts: Provided further, That the funds
transferred shall be merged with and shall be available for the
same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That the
Secretary shall notify the congressional defense committees 15
days prior to such transfer: Provided further, That the
transfer authority provided under this heading is in addition
to any other transfer authority available to the Department of
Defense.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $6,562,769,000,
to remain available until September 30, 2011: Provided, That
such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, for the purpose of
allowing the Commander, Combined Security Transition Command--
Afghanistan, or the Secretary's designee, to provide
assistance, with the concurrence of the Secretary of State, to
the security forces of Afghanistan, including the provision of
equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and
funding: Provided further, That the authority to provide
assistance under this heading is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That contributions of funds for the purposes provided
herein from any person, foreign government, or international
organization may be credited to this Fund and used for such
purposes: Provided further, That the Secretary of Defense shall
notify the congressional defense committees in writing upon the
receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and
the specific use of such contributions: Provided further, That
the Secretary of Defense shall, not fewer than 15 days prior to
obligating from this appropriation account, notify the
congressional defense committees in writing of the details of
any such obligation.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$1,238,219,000, to remain available until September 30, 2012.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$475,954,000, to remain available until September 30, 2012.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,169,466,000, to remain
available until September 30, 2012.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $365,635,000, to remain available until September 30,
2012.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$5,800,516,000, to remain available until September 30, 2012.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$853,297,000, to remain available until September 30, 2012.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$50,700,000, to remain available until September 30, 2012.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $675,957,000, to remain available
until September 30, 2012.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$241,018,000, to remain available until September 30, 2012.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$893,197,000, to remain available until September 30, 2012.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $736,501,000, to remain available until September 30,
2012.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $36,625,000, to remain available until September 30,
2012.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $256,819,000, to remain available until September 30,
2012.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $2,583,421,000, to remain available until September
30, 2012.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$480,780,000, to remain available until September 30, 2012.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons and other procurement for
the reserve components of the Armed Forces, $950,000,000, to
remain available for obligation until September 30, 2012, of
which $575,000,000 shall be available only for the Army
National Guard: Provided, That the Chiefs of National Guard and
Reserve components shall, not later than 30 days after the
enactment of this Act, individually submit to the congressional
defense committees the modernization priority assessment for
their respective National Guard or Reserve component.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the Mine Resistant Ambush Protected Vehicle Fund,
$6,281,000,000, to remain available until September 30, 2011:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, to
procure, sustain, transport, and field Mine Resistant Ambush
Protected vehicles: Provided further, That the Secretary shall
transfer such funds only to appropriations made available in
this or any other Act for operation and maintenance;
procurement; research, development, test and evaluation; and
defense working capital funds to accomplish the purpose
provided herein: Provided further, That such transferred funds
shall be merged with and be available for the same purposes and
the same time period as the appropriation to which transferred:
Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department of
Defense: Provided further, That the Secretary shall, not fewer
than 10 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the
details of any such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $57,962,000, to remain available until
September 30, 2011.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $58,660,000, to remain available until
September 30, 2011.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $39,286,000, to remain available
until September 30, 2011.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $112,196,000, to remain
available until September 30, 2011.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $412,215,000.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,256,675,000, which shall be for operation and maintenance.
Drug Interdiction and Counter-drug Activities
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-
Drug Activities'', $346,603,000, to remain available until
September 30, 2011.
Joint Improvised Explosive Device Defeat Fund
(including transfer of funds)
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $1,762,010,000, to remain available until
September 30, 2012.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $8,876,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds
made available in this title are in addition to amounts
appropriated or otherwise made available for the Department of
Defense for fiscal year 2010.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $4,000,000,000 between
the appropriations or funds made available to the Department of
Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the
authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and
is subject to the same terms and conditions as the authority
provided in the Department of Defense Appropriations Act, 2010:
Provided further, That the amount in this section is designated
as being for overseas deployments and other activities pursuant
to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 9003. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance or the ``Afghanistan
Security Forces Fund'' provided in this Act and executed in
direct support of overseas contingency operations in
Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
Sec. 9004. From funds made available in this title, the
Secretary of Defense may purchase for use by military and
civilian employees of the Department of Defense in Iraq and
Afghanistan: (a) passenger motor vehicles up to a limit of
$75,000 per vehicle and (b) heavy and light armored vehicles
for the physical security of personnel or for force protection
purposes up to a limit of $250,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of
passenger carrying vehicles.
Sec. 9005. Not to exceed $1,200,000,000 of the amount
appropriated in this title under the heading ``Operation and
Maintenance, Army'' may be used, notwithstanding any other
provision of law, to fund the Commander's Emergency Response
Program, for the purpose of enabling military commanders in
Iraq and Afghanistan to respond to urgent humanitarian relief
and reconstruction requirements within their areas of
responsibility: Provided, That not later than 45 days after the
end of each fiscal year quarter, the Secretary of Defense shall
submit to the congressional defense committees a report
regarding the source of funds and the allocation and use of
funds during that quarter that were made available pursuant to
the authority provided in this section or under any other
provision of law for the purposes described herein: Provided
further, That, of the funds provided, $500,000,000 shall not be
available until 5 days after the Secretary of Defense has
completed a thorough review of the Commander's Emergency
Response Program and provided a report on his findings to the
congressional defense committees.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any
other provision of law, to provide supplies, services,
transportation, including airlift and sealift, and other
logistical support to coalition forces supporting military and
stability operations in Iraq and Afghanistan: Provided, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees regarding support provided
under this section.
Sec. 9007. Each amount in this title is designated as being
for overseas deployments and other activities pursuant to
section 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 9008. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
(3) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in
Afghanistan.
Sec. 9009. None of the funds made available in this Act may
be used in contravention of the following laws enacted or
regulations promulgated to implement the United Nations
Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (done at New York on December
10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law
105-277; 112 Stat. 2681-822; 8 U.S.C. 1231 note) and
regulations prescribed thereto, including regulations
under part 208 of title 8, Code of Federal Regulations,
and part 95 of title 22, Code of Federal Regulations.
(3) Sections 1002 and 1003 of the Department of
Defense, Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico, and Pandemic
Influenza Act, 2006 (Public Law 109-148).
Sec. 9010. (a) The Director of the Office of Management and
Budget, in consultation with the Secretary of Defense; the
Commander of the United States Central Command; the Commander,
Multi-National Security Transition Command--Iraq; and the
Commander, Combined Security Transition Command--Afghanistan,
shall submit to the congressional defense committees not later
than 45 days after the end of each fiscal quarter a report on
the proposed use of all funds appropriated by this or any prior
Act under each of the headings ``Iraq Security Forces Fund'',
``Afghanistan Security Forces Fund'', and ``Pakistan
Counterinsurgency Fund'' on a project-by-project basis, for
which the obligation of funds is anticipated during the 3-month
period from such date, including estimates by the commanders
referred to in this section of the costs required to complete
each such project.
(b) The report required by this subsection shall include the
following:
(1) The use of all funds on a project-by-project
basis for which funds appropriated under the headings
referred to in subsection (a) were obligated prior to
the submission of the report, including estimates by
the commanders referred to in subsection (a) of the
costs to complete each project.
(2) The use of all funds on a project-by-project
basis for which funds were appropriated under the
headings referred to in subsection (a) in prior
appropriations Acts, or for which funds were made
available by transfer, reprogramming, or allocation
from other headings in prior appropriations Acts,
including estimates by the commanders referred to in
subsection (a) of the costs to complete each project.
(3) An estimated total cost to train and equip the
Iraq, Afghanistan, and Pakistan security forces,
disaggregated by major program and sub-elements by
force, arrayed by fiscal year.
(c) The Secretary of Defense shall notify the congressional
defense committees of any proposed new projects or transfers of
funds between sub-activity groups in excess of $20,000,000
using funds appropriated by this or any prior Act under the
headings ``Iraq Security Forces Fund'', ``Afghanistan Security
Forces Fund'', and ``Pakistan Counterinsurgency Fund''.
Sec. 9011. (a) None of the funds made available in this or
any other Act may be used to release an individual who is
detained, as of June 24, 2009, at Naval Station, Guantanamo
Bay, Cuba, into the continental United States, Alaska, Hawaii,
or the District of Columbia, into any of the United States
territories of Guam, American Samoa (AS), the United States
Virgin Islands (USVI), the Commonwealth of Puerto Rico and the
Commonwealth of the Northern Mariana Islands (CNMI).
(b) None of the funds made available in this or any other Act
may be used to transfer an individual who is detained, as of
June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the
continental United States, Alaska, Hawaii, or the District of
Columbia, into any of the United States territories of Guam,
American Samoa (AS), the United States Virgin Islands (USVI),
the Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI), for the purpose of detention,
except as provided in subsection (c).
(c) None of the funds made available in this or any other Act
may be used to transfer an individual who is detained, as of
June 24, 2009, at Naval Station, Guantanamo Bay, Cuba, into the
continental United States, Alaska, Hawaii, or the District of
Columbia, into any of the United States territories of Guam,
American Samoa (AS), the United States Virgin Islands (USVI),
the Commonwealth of Puerto Rico and the Commonwealth of the
Northern Mariana Islands (CNMI), for the purposes of
prosecuting such individual, or detaining such individual
during legal proceedings, until 45 days after the plan
described in subsection (d) is received.
(d) The President shall submit to Congress, in classified
form, a plan regarding the proposed disposition of any
individual covered by subsection (c) who is detained as of June
24, 2009. Such plan shall include, at a minimum, each of the
following for each such individual:
(1) A determination of the risk that the individual
might instigate an act of terrorism within the
continental United States, Alaska, Hawaii, the District
of Columbia, or the United States territories if the
individual were so transferred.
(2) A determination of the risk that the individual
might advocate, coerce, or incite violent extremism,
ideologically motivated criminal activity, or acts of
terrorism, among inmate populations at incarceration
facilities within the continental United States,
Alaska, Hawaii, the District of Columbia, or the United
States territories if the individual were transferred
to such a facility.
(3) The costs associated with transferring the
individual in question.
(4) The legal rationale and associated court demands
for transfer.
(5) A plan for mitigation of any risks described in
paragraphs (1), (2), and (7).
(6) A copy of a notification to the Governor of the
State to which the individual will be transferred, to
the Mayor of the District of Columbia if the individual
will be transferred to the District of Columbia, or to
any United States territories with a certification by
the Attorney General of the United States in classified
form at least 14 days prior to such transfer (together
with supporting documentation and justification) that
the individual poses little or no security risk to the
United States.
(7) An assessment of any risk to the national
security of the United States or its citizens,
including members of the Armed Services of the United
States, that is posed by such transfer and the actions
taken to mitigate such risk.
(e) None of the funds made available in this or any other Act
may be used to transfer or release an individual detained at
Naval Station, Guantanamo Bay, Cuba, as of June 24, 2009, to
the country of such individual's nationality or last habitual
residence or to any other country other than the United States
or to a freely associated State, unless the President submits
to the Congress, in classified form, at least 15 days prior to
such transfer or release, the following information:
(1) The name of any individual to be transferred or
released and the country or the freely associated State
to which such individual is to be transferred or
released.
(2) An assessment of any risk to the national
security of the United States or its citizens,
including members of the Armed Services of the United
States, that is posed by such transfer or release and
the actions taken to mitigate such risk.
(3) The terms of any agreement with the country or
the freely associated State for the acceptance of such
individual, including the amount of any financial
assistance related to such agreement.
(f) In this section, the term ``freely associated States''
means the Federated States of Micronesia (FSM), the Republic of
the Marshall Islands (RMI), and the Republic of Palau.
(g) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to
the Congress a report in classified form describing the
disposition or legal status of each individual detained at the
facility as of the date of enactment of this Act.
Sec. 9012. (a) Funding for Outreach and Reintegration
Services Under Yellow Ribbon Reintegration Program.--Of the
amounts appropriated or otherwise made available by title IX,
up to $20,000,000 may be available for outreach and
reintegration services under the Yellow Ribbon Reintegration
Program under section 582(h) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 125; 10 U.S.C. 10101 note).
(b) Supplement Not Supplant.--The amount made available by
subsection (a) for the services described in that subsection is
in addition to any other amounts available in this Act for such
services.
This division may be cited as the ``Department of Defense
Appropriations Act, 2010''.
DIVISION B--OTHER MATTERS
Sec. 1001. There are hereby appropriated such sums as may be
necessary, for an additional amount for ``Food and Nutrition
Service--Supplemental Nutrition Assistance Program'' for
necessary current year expenses to carry out the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.): Provided, That
such amount shall be used only in such amounts and at such
times as may become necessary to carry out program operations:
Provided further, That amounts so appropriated are designated
as emergency requirements and necessary to meet emergency needs
pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 1002. (a) In General.--For the costs of State
administrative expenses associated with administering the
supplemental nutrition assistance program established under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), there
are hereby appropriated $400,000,000, which shall remain
available until September 30, 2011.
(b) Allocation of Funds.--Funds described in subsection (a)
shall be made available as grants to State agencies as
follows--
(1) 75 percent of the amounts available shall be
allocated to States based on the share of each State of
households that participate in the supplemental
nutrition assistance program as reported to the
Department of Agriculture for the most recent 12-month
period for which data are available, adjusted by the
Secretary (as of the date of enactment) for
participation in disaster programs under section 5(h)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(h));
(2) 25 percent of the amounts available shall be
allocated to States based on the increase in the number
of households that participate in the supplemental
nutrition assistance program as reported to the
Department of Agriculture over the most recent 12-month
period for which data are available, adjusted by the
Secretary (as of the date of enactment) for
participation in disaster programs under section 5(h)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(h)); and
(3) Not later than 60 days after the date of
enactment of this Act, the Secretary shall make
available to States amounts based on paragraphs (1) and
(2) of this subparagraph.
(c) Reallocation of Funds.--Funds unobligated at the State
level in fiscal year 2010 may be recovered and reallocated to
the States in fiscal year 2011.
(d) Emergency Designation.--Amounts in this section are
designated as emergency requirements and necessary to meet
emergency needs pursuant to sections 403 and 423(b) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Sec. 1003. (a) Amendments to Section 119 of Title 17, United
States Code.--
(1) In general.--Section 119 of title 17, United
States Code, is amended--
(A) in subsection (c)(1)(E), by striking
``December 31, 2009'' and inserting ``February
28, 2010''; and
(B) in subsection (e), by striking ``December
31, 2009'' and inserting ``February 28, 2010''.
(2) Termination of license.--
(A) Termination.--Section 119 of title 17,
United States Code, as amended by paragraph
(1), shall cease to be effective on February
28, 2010.
(B) Conforming amendment.--Section 4(a) of
the Satellite Home Viewer Act of 1994 (17
U.S.C. 119 note; Public Law 103-369) is
repealed.
(b) Amendments to Communications Act of 1934.--Section 325(b)
of the Communications Act of 1934 (47 U.S.C. 325(b)) is
amended--
(1) in paragraph (2)(C), by striking ``December 31,
2009'' and inserting ``February 28, 2010''; and
(2) in paragraph (3)(C), by striking ``January 1,
2010'' each place it appears in clauses (ii) and (iii)
and inserting ``March 1, 2010''.
(c) Emergency Designation.--Amounts in this section are
designated as emergency requirements and necessary to meet
emergency needs pursuant to sections 403 and 423(b) of S. Con.
Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
Sec. 1004. (a) USA PATRIOT Improvement and Reauthorization
Act of 2005.--Section 102(b)(1) of the USA PATRIOT Improvement
and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat.
195) is amended by striking ``December 31, 2009'' and inserting
``February 28, 2010''.
(b) Intelligence Reform and Terrorism Prevention Act of
2004.--Section 6001(b)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3742; 50 U.S.C. 1801 note) is amended by striking ``December
31, 2009'' and inserting ``February 28, 2010''.
Sec. 1005. Section 129 of the Continuing Appropriations
Resolution, 2010 (Public Law 111-68) is amended by striking
``by substituting'' and all that follows through the period at
the end, and inserting ``by substituting February 28, 2010 for
the date specified in each such section.''.
Sec. 1006. (a) There is hereby appropriated $125,000,000, for
an additional amount for ``Small Business Administration--
Business Loans Program Account'' for fee reductions and
eliminations under section 501 of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) and
for the cost of guaranteed loans under section 502 of such
division: Provided, That such cost shall be as defined in
section 502 of the Congressional Budget Act of 1974.
(b) Section 502(f) of division A of the American Recovery and
Reinvestment Act of 2009 is amended by striking ``the date 12
months after the date of enactment of this Act'' and inserting
``February 28, 2010''.
(c) Amounts in this section are designated as emergency
requirements and necessary to meet emergency needs pursuant to
sections 403 and 423(b) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010.
Sec. 1007. (a) Payment.--The Secretary of the Interior may
make a payment to Swain County, North Carolina, in an amount of
$12,800,000, in connection with the non-construction of the
North Shore Road: Provided, That $4,000,000 shall be available
for obligation upon enactment of this Act: Provided further,
That remaining amounts shall not be available for obligation
until 120 days following signature of an agreement between the
Secretary of the Interior, Swain County, the State of North
Carolina, and the Tennessee Valley Authority that supersedes
the agreement of July 30, 1943, related to the construction of
North Shore Road between the Secretary, the County, the State,
and the Authority. For this payment, there is hereby
appropriated $6,800,000, to remain available until expended,
and an amount of $6,000,000 from unobligated balances available
to the Department of the Interior from prior appropriations to
the ``Construction'' account for the National Park Service.
(b) Rescission.--Of the funds appropriated in the Department
of Transportation and Related Agencies Appropriations Act, 2001
(Public Law 106-346), in section 378 for construction of, and
improvements to, North Shore Road in Swain County, North
Carolina, $6,800,000 is hereby permanently rescinded.
Sec. 1008. (a) For purposes of the continued extension of
surface transportation programs and related authority to make
expenditures from the Highway Trust Fund and other trust funds
under sections 157 through 162 of the Continuing Appropriations
Resolution, 2010, the date specified in section 106(3) of such
resolution shall be deemed to be February 28, 2010.
(b) Section 158(c) is amended by striking the period at the
end and inserting ``except for the rescission made by section
123 of division I of the Omnibus Appropriations Act, 2009. The
amount made available for each of the apportioned Federal-aid
highway programs under subsection (a) shall be reduced by an
amount equaling $33,401,492 multiplied by the amount calculated
under subsection (a) and divided by $23,941,505,262''.
Sec. 1009. (a)(1) Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(A) by striking ``December 31, 2009'' each place it
appears and inserting ``February 28, 2010'';
(B) in the heading for subsection (b)(2), by striking
``December 31, 2009'' and inserting ``February 28,
2010''; and
(C) in subsection (b)(3), by striking ``May 31,
2010'' and inserting ``July 31, 2010''.
(2) Section 2002(e) of the Assistance for Unemployed Workers
and Struggling Families Act, as contained in Public Law 111-5
(26 U.S.C. 3304 note; 123 Stat. 438), is amended--
(A) in paragraph (1)(B), by striking ``before January
1, 2010'' and inserting ``on or before February 28,
2010'';
(B) in the heading for paragraph (2), by striking
``January 1, 2010'' and inserting ``February 28,
2010''; and
(C) in paragraph (3), by striking ``June 30, 2010''
and inserting ``August 31, 2010''.
(3) Section 2005 of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26
U.S.C. 3304 note; 123 Stat. 444), is amended--
(A) by striking ``January 1, 2010'' each place it
appears and inserting ``February 28, 2010''; and
(B) in subsection (c), by striking ``June 1, 2010''
and inserting ``July 31, 2010''.
(4) Section 5 of the Unemployment Compensation Extension Act
of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by
striking ``May 30, 2010'' and inserting ``July 31, 2010''.
(b) Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended
by striking ``by reason of'' and all that follows and inserting
the following: ``by reason of--
``(A) the amendments made by section 2001(a)
of the Assistance for Unemployed Workers and
Struggling Families Act;
``(B) the amendments made by sections 2
through 4 of the Worker, Homeownership, and
Business Assistance Act of 2009; and
``(C) the amendments made by section 1009 of
the Department of Defense Appropriations Act,
2010; and''.
(c) Amounts in this section are designated as emergency
requirements and necessary to meet emergency needs pursuant to
sections 403 and 423(b) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010.
Sec. 1010. (a) Extension of Eligibility Period.--Subsection
(a)(3)(A) of section 3001 of division B of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) is
amended by striking ``December 31, 2009'' and inserting
``February 28, 2010''.
(b) Extension of Maximum Duration of Assistance.--Subsection
(a)(2)(A)(ii)(I) of such section is amended by striking ``9
months'' and inserting ``15 months''.
(c) Rules Related to 2009 Extension.--Subsection (a) of such
section is further amended by adding at the end the following:
``(16) Rules related to 2009 extension.--
``(A) Election to pay premiums retroactively
and maintain cobra coverage.--In the case of
any premium for a period of coverage during an
assistance eligible individual's transition
period, such individual shall be treated for
purposes of any COBRA continuation provision as
having timely paid the amount of such premium
if--
``(i) such individual was covered
under the COBRA continuation coverage
to which such premium relates for the
period of coverage immediately
preceding such transition period, and
``(ii) such individual pays, not
later than 60 days after the date of
the enactment of this paragraph (or, if
later, 30 days after the date of
provision of the notification required
under subparagraph (D)(ii)), the amount
of such premium, after the application
of paragraph (1)(A).
``(B) Refunds and credits for retroactive
premium assistance eligibility.--In the case of
an assistance eligible individual who pays,
with respect to any period of COBRA
continuation coverage during such individual's
transition period, the premium amount for such
coverage without regard to paragraph (1)(A),
rules similar to the rules of paragraph (12)(E)
shall apply.
``(C) Transition period.--
``(i) In general.--For purposes of
this paragraph, the term `transition
period' means, with respect to any
assistance eligible individual, any
period of coverage if--
``(I) such period begins
before the date of the
enactment of this paragraph,
and
``(II) paragraph (1)(A)
applies to such period by
reason of the amendment made by
section 1010(b) of the
Department of Defense
Appropriations Act, 2010.
``(ii) Construction.--Any period
during the period described in
subclauses (I) and (II) of clause (i)
for which the applicable premium has
been paid pursuant to subparagraph (A)
shall be treated as a period of
coverage referred to in such paragraph,
irrespective of any failure to timely
pay the applicable premium (other than
pursuant to subparagraph (A)) for such
period.
``(D) Notification.--
``(i) In general.--In the case of an
individual who was an assistance
eligible individual at any time on or
after October 31, 2009, or experiences
a qualifying event (consisting of
termination of employment) relating to
COBRA continuation coverage on or after
such date, the administrator of the
group health plan (or other entity)
involved shall provide an additional
notification with information regarding
the amendments made by section 1010 of
the Department of Defense
Appropriations Act, 2010, within 60
days after the date of the enactment of
such Act or, in the case of a
qualifying event occurring after such
date of enactment, consistent with the
timing of notifications under paragraph
(7)(A).
``(ii) To individuals who lost
assistance.--In the case of an
assistance eligible individual
described in subparagraph (A)(i) who
did not timely pay the premium for any
period of coverage during such
individual's transition period or paid
the premium for such period without
regard to paragraph (1)(A), the
administrator of the group health plan
(or other entity) involved shall
provide to such individual, within the
first 60 days of such individual's
transition period, an additional
notification with information regarding
the amendments made by section 1010 of
the Department of Defense
Appropriations Act, 2010, including
information on the ability under
subparagraph (A) to make retroactive
premium payments with respect to the
transition period of the individual in
order to maintain COBRA continuation
coverage.
``(iii) Application of rules.--Rules
similar to the rules of paragraph (7)
shall apply with respect to
notifications under this
subparagraph.''.
(d) Clarification That Eligibility and Notice Is Based on
Timing of Qualifying Event.--Subsection (a) of such section is
amended--
(1) in paragraph (3)(A)--
(A) by striking ``at any time'' and inserting
``such qualified beneficiary is eligible for
COBRA continuation coverage related to a
qualifying event occurring''; and
(B) by striking ``, such qualified
beneficiary is eligible for COBRA continuation
coverage''; and
(2) in paragraph (7)(A), by striking ``become
entitled to elect COBRA continuation coverage'' and
inserting ``have a qualifying event relating to COBRA
continuation coverage''.
(e) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of section
3001 of division B of the American Recovery and Reinvestment
Act of 2009 to which they relate.
(f) Emergency Designations.--
(1) In general.--Amounts in this section are
designated as emergency requirements and necessary to
meet emergency needs pursuant to sections 403 and
423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year
2010.
(2) PAYGO.--All applicable provisions in this section
are designated as an emergency for purposes of pay-as-
you-go principles.
Sec. 1011. (a) In General.--Section 1848(d) of the Social
Security Act (42 U.S.C. 1395w-4(d)) is amended by adding at the
end the following new paragraph:
``(10) Update for portion of 2010.--
``(A) In general.--Subject to paragraphs
(7)(B), (8)(B), and (9)(B), in lieu of the
update to the single conversion factor
established in paragraph (1)(C) that would
otherwise apply for 2010 for the period
beginning on January 1, 2010, and ending on
February 28, 2010, the update to the single
conversion factor shall be 0 percent for 2010.
``(B) No effect on computation of conversion
factor for remaining portion of 2010 and
subsequent years.--The conversion factor under
this subsection shall be computed under
paragraph (1)(A) for the period beginning on
March 1, 2010, and ending on December 31, 2010,
and for 2011 and subsequent years as if
subparagraph (A) had never applied.''.
(b) Funding From Medicare Improvement Fund.--Section
1898(b)(1) of such Act (42 U.S.C. 1395iii(b)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$22,290,000,000'' and
inserting ``$20,740,000,000''; and
(B) by striking ``and'' at the end;
(2) by redesignating subparagraph (B) as subparagraph
(C); and
(3) by inserting after subparagraph (A) the following
new subparagraph:
``(B) fiscal year 2015, $550,000,000; and''.
Sec. 1012. Notwithstanding any other provision of law, the
Secretary of Health and Human Services shall not publish
updated poverty guidelines for 2010 under section 673(2) of the
Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2))
before March 1, 2010, and the poverty guidelines published
under such section on January 23, 2009, shall remain in effect
until updated poverty guidelines are published.
Sec. 1013. From the ``National Telecommunications and
Information Administration--Digital-to-Analog Converter Box
Program'' in the Department of Commerce, $128,000,000 is hereby
rescinded.
Sec. 1014. The explanatory statement regarding this Act
printed in the House of Representatives section of the
Congressional Record on or about December 16, 2010, by the
Chairman of the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives shall have the
same effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
PART B--TEXT OF THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R.
2847
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2010, and for other purposes, namely:
TITLE I--INFRASTRUCTURE AND JOBS INVESTMENT
CHAPTER 1--JUSTICE
DEPARTMENT OF JUSTICE
Community Oriented Policing Services
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Community Oriented Policing
Services'', for grants under section 1701 of title I of the
1968 Omnibus Crime Control and Safe Streets Act (42 U.S.C.
3796dd) for hiring and rehiring of additional career law
enforcement officers under part Q of such title,
notwithstanding subsection (i) of such section, $1,179,000,000,
of which $2,950,000 shall be transferred to ``State and Local
Law Enforcement Activities, Salaries and Expenses'' for
management, administration and oversight of such grants.
CHAPTER 2--ENERGY AND WATER DEVELOPMENT
CORPS OF ENGINEERS--CIVIL WORKS
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Construction'',
$715,000,000: Provided, That section 102 of Public Law 109-103
(33 U.S.C. 2221) shall not apply to funds provided in this
title: Provided further, That not less than $30,000,000 of the
funds provided shall be for water-related environmental
infrastructure assistance: Provided further, That up to
$30,000,000 of the funds provided under this heading may be
transferred to ``Mississippi Rivers and Tributaries'' for
authorized projects and activities: Provided further, That
notwithstanding any other provision of law, funds provided
under this heading shall not be cost shared with the Inland
Waterways Trust Fund as authorized in Public Law 99-662:
Provided further, That funds provided under this heading shall
only be allocated to programs, projects or activities that
heretofore received funds provided in Acts making
appropriations available for Energy and Water Development and
that are selected using only the following criteria in order of
priority: programs, projects or activities that can be
commenced quickly; programs, projects or activities that will
create immediate employment; programs, projects or activities
that will be executed by contract or direct hire of temporary
labor; and programs, projects or activities that are located in
a State with high unemployment: Provided further, That the
limitation concerning total project costs in section 902 of the
Water Resources Development Act of 1986 (33 U.S.C. 2280), shall
not apply during fiscal years 2010 and 2011 for any project
receiving funds provided in this title: Provided further, That
for projects that are being completed with funds appropriated
in this paragraph that would otherwise be expired for
obligation, expired funds appropriated in this paragraph may be
used to pay the cost of associated supervision, inspection,
overhead, engineering and design on those projects and on
subsequent claims, if any: Provided further, That funds made
available under this heading shall be apportioned by the Office
of Management and Budget not later than 30 days after the date
of enactment of this Act and allocated by the Secretary of the
Army to specific programs, projects or activities not later
than 45 days after the date of enactment of this Act: Provided
further, That the Secretary of the Army shall submit a
quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the
allocation, obligation and expenditures of these funds,
including an explanation of how each selected program, project
or activity fulfills the funding criteria above, beginning not
later than 45 days after the date of enactment of this Act:
Provided further, That the Secretary shall have unlimited
reprogramming authority for the funds provided under this
heading: Provided further, That up to 0.5 percent of funds
provided under this heading may be transferred to ``Expenses''
for the purposes of management and oversight of the programs,
projects or activities funded by this paragraph.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``Water and Related
Resources'', $100,000,000: Provided, That of the amount
appropriated under this heading, not less than $26,000,000
shall be used for water reclamation and reuse projects
authorized under title XVI of Public Law 102-575: Provided
further, That up to $30,000,000 of the funds provided under
this heading may be used for programs, projects, and activities
authorized by Public Law 108-361 and up to $10,000,000 of the
funds provided under this heading may be transferred to the
Department of the Interior for programs, projects, and
activities authorized by titles II-V of Public Law 102-575:
Provided further, That funds provided under this heading shall
only be allocated to programs, projects or activities that
heretofore received funds provided in Acts making
appropriations available for Energy and Water Development:
Provided further, That for projects that are being completed
with funds appropriated in this paragraph that would otherwise
be expired for obligation, expired funds appropriated in this
paragraph may be used to pay the cost of associated
supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any: Provided
further, That the Secretary of the Interior shall submit a
quarterly report to the Committees on Appropriations of the
House of Representatives and the Senate detailing the
allocation, obligation and expenditures of these funds,
beginning not later than 45 days after the date of enactment of
this Act: Provided further, That the Secretary shall have
unlimited reprogramming authority for the funds provided under
this heading: Provided further, That up to 0.5 percent of funds
appropriated under this heading may be transferred to ``Policy
and Administration'' for the purposes of management and
oversight of the programs, projects, or activities funded by
this paragraph.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Title 17 Innovative Technology Loan Guarantee Program
For an additional amount for ``Title 17 Innovative
Technology Loan Guarantee Program'' for the cost of guaranteed
loans authorized by section 1705 of the Energy Policy Act of
2005, $2,000,000,000, available until expended: Provided, That
the cost of such loans, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
General Provision, This Chapter
INCENTIVES FOR INNOVATIVE TECHNOLOGIES LOAN GUARANTEE PROGRAM
Sec. 1201. (a) Specific Appropriation or Contribution.--
Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512)
is amended--
(1) by striking subsection (b) and inserting the
following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost has been
made;
``(B) the Secretary has received from the
borrower a payment in full for the cost of the
obligation and deposited the payment into the
Treasury; or
``(C) a combination of appropriations or
payments from the borrower has been made
sufficient to cover the cost of the obligation.
``(2) Limitation.--The source of payments received
from a borrower under paragraph (1)(B) or (C) shall not
be a loan or other debt obligation, that is made or
guaranteed by the Federal Government.''; and
(2) by adding at the end the following:
``(k) Credit Report.--If, in the opinion of the Secretary,
a third-party credit rating of the applicant or project is not
relevant to the determination of the credit risk of a project,
if the project costs are not projected to exceed $100,000,000,
and the applicant agrees to accept the credit rating assigned
to the applicant by the Secretary, the Secretary may waive any
otherwise applicable requirement (including any requirement
described in part 609 of title 10, Code of Federal Regulations)
to provide a third-party credit report.
``(l) Direct Hire Authority.--
``(1) In general.--Notwithstanding section 3304 and
sections 3309 through 3318 of title 5, United States
Code, the head of the loan guarantee program under this
title (referred to in this subsection as the `Executive
Director') may, on a determination that there is a
severe shortage of candidates or a severe hiring need
for particular positions to carry out the functions of
this title, recruit and directly appoint highly
qualified critical personnel with specialized knowledge
important to the function of the programs under this
title into the competitive service.
``(2) Exception.--The authority granted under
paragraph (1) shall not apply to positions in the
excepted service or the Senior Executive Service.
``(3) Requirements.--In exercising the authority
granted under paragraph (1), the Executive Director
shall ensure that any action taken by the Executive
Director--
``(A) is consistent with the merit principles
of section 2301 of title 5, United States Code;
and
``(B) complies with the public notice
requirements of section 3327 of title 5, United
States Code.
``(4) Sunset.--The authority provided under paragraph
(1) shall terminate on January 1, 2011.
``(m) Multiple Sites.--Notwithstanding any contrary
requirement (including any provision under part 609.12 of title
10, Code of Federal Regulations) an eligible project may be
located on 2 or more non-contiguous sites in the United
States.''.
(b) Applications for Multiple Eligible Projects.--Section
1705 of the Energy Policy Act of 2005 (42 U.S.C. 16516) is
amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following:
``(e) Multiple Applications.--Notwithstanding any contrary
requirement (including any provision under part 609.3(a) of
title 10, Code of Federal Regulations), a project applicant or
sponsor of an eligible project may submit an application for
more than 1 eligible project under this section.''.
(c) Energy Efficiency Loan Guarantees.--Section 1705(a) of
the Energy Policy Act of 2005 (42 U.S.C. 16516(a)) is amended
by adding at the end the following:
``(4) Energy efficiency projects, including projects
to retrofit residential, commercial, and industrial
buildings, facilities, and equipment.''.
CHAPTER 3--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
FIREFIGHTER ASSISTANCE GRANTS
For an additional amount for ``Firefighter Assistance
Grants'' for necessary expenses for programs authorized by
section 34 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2229a), $500,000,000: Provided, That
notwithstanding any provision under section 34(a)(1)(A) such
Act specifying that grants must be used to increase the number
of firefighters in fire departments, the Secretary of Homeland
Security, in making grants under section 34 of such Act for
fiscal year 2010, shall grant waivers from the requirements of
subsections (a)(1)(B), (c)(1), (c)(2), and (c)(4)(A) of such
section: Provided further, That section 34(a)(1)(E) of such Act
shall not apply with respect to funds appropriated in this or
any other Act making appropriations for fiscal year 2010 for
grants under section 34 of such Act: Provided further, That the
Secretary of Homeland Security, in making grants under section
34 of such Act, shall ensure that funds appropriated under this
or any other Act making appropriations for fiscal year 2010 are
made available for the retention of firefighters and shall
award grants not later than 120 days after the date of
enactment of this Act: Provided further, That the Secretary may
transfer any unused funds under this heading to make grants for
programs authorized by section 33 of such Act (15 U.S.C. 2229)
after notification to the Committees on Appropriations of the
Senate and the House of Representatives.
CHAPTER 4--INTERIOR AND ENVIRONMENT
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
MANAGEMENT OF LANDS AND RESOURCES
For an additional amount for ``Management of Lands and
Resources'', for activities on all Bureau of Land Management
lands using term employment, $20,000,000.
United States Fish and Wildlife Service
RESOURCE MANAGEMENT
For an additional amount for ``Resource Management'', for
activities using term employment, $30,000,000.
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For an additional amount for ``Operation of the National
Park System'', for activities on all national park units using
term employment, $50,000,000.
Department-Wide Programs
WILDLAND FIRE MANAGEMENT
For an additional amount for ``Wildland Fire Management'',
for hazardous fuels reduction and related activities including
necessary inventory and monitoring, using term employment,
$20,000,000.
ENVIRONMENTAL PROTECTION AGENCY
State And Tribal Assistance Grants
(INCLUDING TRANSFERS OF FUNDS)
For an additional amount for ``State and Tribal Assistance
Grants'', $2,000,000,000, of which $1,000,000,000 shall be for
capitalization grants for the Clean Water State Revolving Funds
under title VI of the Federal Water Pollution Control Act and
$1,000,000,000 shall be for capitalization grants under section
1452 of the Safe Drinking Water Act: Provided, That the
Administrator may retain up to 1 percent of the funds
appropriated herein for management and oversight purposes:
Provided further, That funds appropriated herein shall not be
subject to the matching or cost share requirements of sections
602(b)(2), 602(b)(3) or 202 of the Federal Water Pollution
Control Act nor the matching requirements of section 1452(e) of
the Safe Drinking Water Act: Provided further, That the
Administrator shall reallocate funds appropriated herein for
the Clean and Drinking Water State Revolving Funds (Revolving
Funds) where projects are not under contract or construction
within 8 months of the date of enactment of this Act: Provided
further, That notwithstanding the priority rankings they would
otherwise receive under each program, priority for funds
appropriated herein shall be given to projects on a State
priority list that are ready to proceed to construction within
12 months of the date of enactment of this Act: Provided
further, That notwithstanding the requirements of section
603(d) of the Federal Water Pollution Control Act or section
1452(f) of the Safe Drinking Water Act, for the funds
appropriated herein, each State shall use not less than 50
percent of the amount of its capitalization grants to provide
additional subsidization to eligible recipients in the form of
forgiveness of principal, negative interest loans or grants or
any combination of these: Provided further, That, to the extent
there are sufficient eligible project applications, not less
than 20 percent of the funds appropriated herein for the
Revolving Funds shall be for projects to address green
infrastructure, water or energy efficiency improvements or
other environmentally innovative activities: Provided further,
That notwithstanding the limitation on amounts specified in
section 518(c) of the Federal Water Pollution Control Act, up
to 2.0 percent of the funds appropriated herein for the Clean
Water State Revolving Funds may be reserved by the
Administrator for tribal grants under section 518(c) of such
Act: Provided further, That up to 4 percent of the funds
appropriated herein for tribal set-asides under the Revolving
Funds may be transferred to the Indian Health Service to
support management and oversight of tribal projects: Provided
further, That none of the funds appropriated herein shall be
available for the purchase of land or easements as authorized
by section 603(c) of the Federal Water Pollution Control Act or
for activities authorized by section 1452(k) of the Safe
Drinking Water Act: Provided further, That notwithstanding
section 603(d)(2) of the Federal Water Pollution Control Act
and section 1452(f)(2) of the Safe Drinking Water Act, funds
may be used to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after October 1, 2009: Provided further, That
section 1606 of title XVI of Public Law 111-5 shall apply to
the use of the funds provided under this heading.
Department of Agriculture
Forest Service
STATE AND PRIVATE FORESTRY
For an additional amount for ``State and Private Forestry''
for financial assistance to States and territories for
authorized activities using term employment, $75,000,000.
NATIONAL FOREST SYSTEM
For an additional amount for ``National Forest System'',
for activities on the National Forest System using term
employment, $40,000,000.
WILDLAND FIRE MANAGEMENT
For an additional amount for ``Wildland Fire Management'',
for hazardous fuels reduction and related activities using term
employment, $35,000,000.
General Provisions, This Chapter
(INCLUDING TRANSFER OF FUNDS)
Sec. 1401. Funds made available to the Environmental
Protection Agency by this Act for management and oversight
purposes shall remain available until September 30, 2012, and
may be transferred to the ``Environmental Programs and
Management'' account as needed.
Sec. 1402. In carrying out the work for which funds in this
title are being made available, the Secretary of the Interior
and the Secretary of Agriculture shall utilize, to the maximum
extent practicable, the Public Lands Corps, Youth Conservation
Corps, Student Conservation Association, Job Corps, Corps
Network members, and other related partnerships with Federal,
State, local, tribal or non-profit groups that serve youny
adults, underserved and minority populations, veterans, and
special needs individuals.
CHAPTER 5--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For an additional amount for ``Training and Employment
Services'' for activities under the Workforce Investment Act of
1998 (``WIA''), $1,250,000,000, which shall be available for
obligation on the date of enactment of this Act, as follows:
(1) $500,000,000 for grants to the States for youth
activities: Provided, That such funds shall be used
solely for summer employment programs for youth:
Provided further, That no portion of such funds shall
he reserved to carry out section 127(b)(1)(A) of the
WIA: Provided further, That for purposes of section
127(b)(1)(C)(iv) of the WIA, funds available for youth
activities shall be allotted as if the total amount
available for youth activities in the fiscal year does
not exceed $1,000,000,000: Provided further, That the
work readiness performance indicator described in
section 136(b)(2)(A)(ii)(I) of the WIA shall be the
only measure of performance used to assess the
effectiveness of summer employment for youth provided
with such funds: Provided further, That an in-school
youth shall meet the requirement that eligible youth be
a low-income individual under section 101(13)(B) of the
WIA if such youth has been determined to meet the
eligibility requirements for free meals under the
National School Lunch Act (42 U.S.C. 1751 et seq.)
during the most recent school year; and
(2) $750,000,000 for a program of competitive grants
for worker training and placement in high growth and
emerging industry sectors: Provided, That $275,000,000
shall be for job training projects that prepare workers
for careers in energy efficiency and renewable energy
as described in section 171(e)(1)(B) of the WIA, of
which $225,000,000 shall be for Pathways Out of Poverty
projects: Provided further, That awarding grants from
those funds not dedicated in the preceding proviso, the
Secretary of Labor shall give priority to projects that
prepare workers for careers in the health care sector.
DEPARTMENT OF EDUCATION
Education Jobs Fund
For necessary expenses for an Education Jobs Fund,
$23,000,000,000, which shall remain available for obligation
through September 30, 2010 and shall he administered under the
terms and conditions of sections 14001 through 14013 of title
XIV, and title XV, of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5), except as follows:
(1) Allotments to states and territories.--Such funds
shall be available only for allocations by the
Secretary under subsections (a) and (d) of section
14001.
(2) Reservation.--With respect to funds appropriated
under this heading, a State that receives an allocation
may reserve not more than 5 percent for--
(A) the administrative costs of carrying out
its responsibilities with respect to those
funds, provided the State reserves not more
than 1 percent of its total allocation for
those costs; and
(B) retaining or creating positions in the
State educational agency or the State agency
for higher education, and other State agency
positions related to the administration or
support of early childhood, elementary,
secondary or postsecondary education.
(3) Awards to local educational agencies and public
institutions of higher education.--
(A) Except as specified under paragraph (2),
allocation of such funds to a State under
section 14001(d) shall be used only for awards
to local educational agencies and public
institutions of higher education for the
support of elementary, secondary, and
postsecondary education. The Governor shall
determine how the funds appropriated under this
heading are allocated for elementary and
secondary education and for public institutions
of higher education. In making the
determination in the preceding sentence, the
Governor shall allocate funds among the
categories of elementary and secondary
education and public institutions of higher
education generally in proportion to any
reductions in State funds for such categories.
(B) Funds used to support elementary and
secondary education, shall be distributed
through the State's primary elementary and
secondary funding formulae.
(C) Section 14002(a) and (b) shall not apply.
(4) Inapplicability of education reform assurances.--
Subsection (b)(2), and paragraphs (1) through (5) of
subsection (d), of section 14005 shall not apply to any
application for an allocation of such funds.
(5) Requirenent to use funds to retain or create
education jobs.--Notwithstanding sections 14003(a) and
14004(a), such funds may be used only for compensation
and benefits and other expenses, such as support
services, necessary to retain existing employees, for
activities defined in section 101(31) of the Workforce
Investment Act of 1998, and to hire new employees in
order to provide early childhood, elementary,
secondary, or postsecondary educational and related
services or for modernization, renovation, and repair
of public school facilities and facilities of
institutions of higher education.
(6) Prohibition on use of funds for rainy-day funds
or debt retirement.--A State that receives an
allocation may not use such funds, directly or
indirectly, to establish, restore, or supplement a
rainy-day fund, or to supplant State funds in a manner
that has the effect of establishing, restoring, or
supplementing a rainy-day fund; or to reduce or retire
debt obligations incurred by the State, or to supplant
State funds in a manner that has the effect of reducing
or retiring debt obligations incurred by the State,
provided that this prohibition shall not apply to fund
balances that are necessary to comply with any State
requirement to maintain a balanced budget.
(7) Application considerations.--If, by a date set by
the Secretary, a Governor has not submitted an
approvable application under section 14005(a), the
Secretary may provide for the distribution of funds
allocated under section 14001(d) to another entity or
other entities in the State, under such terms and
conditions as the Secretary may establish, provided
that all terms and conditions that apply to the
appropriation under this heading shall apply to such
funds distributed to such entity or entities.
(8) Local educational agency application.--Section
442 of the General Education Provisions Act does not
apply to a local educational agency that has previously
submitted an application to the State under title XIV
of division A of the American Recovery and Reinvestment
Act of 2009. The assurances provided under that
application shall continue to apply to funds awarded
under this heading.
(9) Maintenance of effort.--The Secretary shall not
allocate funds to a State under paragraph (1) unless
the Governor of the State provides an assurance to the
Secretary that the State will--
(A) for fiscal year 2010--
(i) maintain State support for
elementary, secondary, and public
higher education (not including support
for capital projects or research and
development or tuition and fees paid by
students), in the aggregate, at the
level of such support for fiscal year
2009; or
(ii) maintain State support for
elementary, secondary, and public
higher education (not including support
for capital projects or research and
development or tuition and fees paid by
students), in the aggregate, at a level
no less than such support for fiscal
year 2006, provided that if a State has
enacted a reduction to such aggregate
level of fiscal year 2010 State support
for elementary, secondary, and public
higher education after December 12,
2009, the State shall maintain State
support for elementary, secondary, and
public higher education at a percentage
of the total revenues available to the
State that is equal to or greater than
the percentage provided for such
purpose for fiscal year 2010 prior to
December 12, 2009; and
(B) for fiscal year 2011--
(i) comply with subparagraph (A)(i);
or
(ii) maintain State support for
elementary, secondary, and public
higher education (not including support
for capital projects or research and
development or tuition and fees paid by
students), in the aggregate, at a
percentage of the total revenues
available to the State that is equal to
or greater than the percentage provided
for such purpose for fiscal year 2010.
Student Financial Assistance
For an additional amount for ``Student Financial
Assistance'' to carry out part C of title IV of the Higher
Education Act of 1965, $300,000,000, which shall remain
available through September 30, 2011.
RELATED AGENCIES
Corporation for National and Community Service
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operating Expenses'' to
carry out the Domestic Volunteer Service Act of 1973 (``1973
Act'') and the National and Community Service Act of 1990
(``1990 Act''), $132,000,000, which shall remain available
through September 30, 2011: Provided, That not less than
$90,000,000 of the funds made available in this paragraph shall
be used to make additional awards to existing AmeriCorps
grantees and may be used to provide adjustments to awards under
subtitle C of title I of the 1990 Act made prior to September
30, 2011 for which the Chief Executive Officer of the
Corporation for National and Community Service (``CEO'')
determines that a waiver of the Federal share limitation is
warranted under section 2521.70 of title 45 of the Code of
Federal Regulations: Provided further, That up to $30,000,000
shall be for programs under title I, part A of the 1973 Act:
Provided further, That any funds provided in the previous
proviso shall not be made available in connection with cost-
share agreements authorized under section 192A(g)(10) of the
1990 Act: Provided further, That of the amount made available
in this paragraph, not less than $7,000,000 shall be
transferred to ``Salaries and Expenses'' to administer the
funds provided in this paragraph, including making any
necessary information technology upgrades: Provided further,
That the CEO shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a fiscal year
2010 operating plan for the funds appropriated in this
paragraph prior to making any Federal obligations of such funds
in fiscal year 2010, but not later than 90 days after the date
of enactment of this Act, and a fiscal year 2011 operating plan
for such funds in fiscal year 2011, but not later than November
1, 2010, that detail the allocation of resources and the
increased number of members supported by the AmeriCorps
programs: Provided further, That the CEO shall provide to the
Committees on Appropriations of the House of Representatives
and the Senate a report on the actual obligations,
expenditures, and unobligated balances for each activity funded
under this heading not later than 90 days after issuance of the
operating plan, and quarterly thereafter as long as funding
provided under this heading is available for obligation or
expenditure.
NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``National Service Trust''
established under subtitle D of title I of the National and
Community Service Act of 1990 (``1990 Act''), $68,000,000,
which shall remain available until expended: Provided, That the
Corporation for National and Community Service may transfer
additional funds from the amount provided within ``Operating
Expenses'' allocated to grants under subtitle C of title I of
the 1990 Act to the National Service Trust upon determination
that such transfer is necessary to support the activities of
national service participants and after notice is transmitted
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the
amount appropriated or transferred to the National Service
Trust may be invested under section 145(b) of the 1990 Act
without regard to the requirements to apportion funds under 31
U.S.C. 1513(b).
General Provision, This Chapter
ISSUER ALLOWED REFUNDABLE CREDIT FOR QUALIFIED ZONE ACADEMY BONDS AND
QUALIFIED SCHOOL CONSTRUCTION BONDS
Sec. 1501. (a) In General.--Section 6431 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(f) Application of Section to Qualified Zone Academy
Bonds and Qualified School Construction Bonds.--
``(1) In general.--In the case of any specified tax
credit bond--
``(A) such bond shall be treated as a
qualified bond for purposes of this section,
``(B) subsection (a) shall be applied without
regard to the requirement that the qualified
bond be issued before January 1, 2011,
``(C) the amount of the payment determined
under subsection (b) with respect to any
interest payment date under such bond shall be
equal to the lesser of--
``(i) the amount of interest payable
under such bond on such date, or
``(ii) the amount of interest which
would have been payable under such bond
on such date if such interest were
determined at the applicable credit
rate determined under section 54A(b)(3)
with respect to such bond,
``(D) interest on any such bond shall be
includible in gross income for purposes of this
title, and
``(E) no credit shall be allowed under
section 54A with respect to such bond.
``(2) Specified tax credit bond.--For purposes of
this subsection, the term `specified tax credit bond'
means any qualified tax credit bond (as defined in
section 54A(d)) if--
``(A) such bond is a qualified zone academy
bond (as defined in section 54E) or a qualified
school construction bond (as defined in section
54F), and
``(B) the issuer of such bond makes an
irrevocable election to hare this subsection
apply.''.
(b) Technical Corrections Relating to Qualified School
Construction Bonds.--
(1) The second sentence of section 54F(d)(1) of such
Code is amended by striking ``by the State'' and
inserting ``by the State education agency (or such
other agency as is authorized under State law to make
such allocation)''.
(2) The second sentence of section 54F(e) of such
Code is amended by striking ``subsection (d)(4)'' and
inserting ``paragraphs (2) and (4) of subsection (d)''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendment made by this section shall
apply to bonds issued after December 31, 2009.
(2) Technical corrections.--The amendments made by
subsection (b) shall take effect as if included in
section 1521 of the American Recovery and Reinvestment
Tax Act of 2009.
CHAPTER 6--TRANSPORTATION AND HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
GRANTS-IN-AID FOR AIRPORTS
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for discretionary projects as authorized by subchapter 1
of chapter 471 and subchapter 1 of chapter 475 of title 49,
United States Code, $500,000,000: Provided, That such funds
shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter
471 of such title: Provided further, That the Secretary shall
distribute funds provided under this heading as discretionary
grants to airports using the criteria established under
chapters 471 and 475 of such title, but with priority given to
those projects that demonstrate to his satisfaction their
ability to be completed within 2 years of enactment of this
Act: Provided further, That the Secretary shall award grants
under this heading within 120 days of enactment of this Act:
Provided further, That the amount made available under this
heading shall not be subject to any limitation on obligations
for the Grants-in-Aid for Airports program set forth in any
Act: Provided further, That the Federal share payable of the
costs for which a grant is made under this heading shall be, at
the option of the recipient, up to 100 percent: Provided
further, That the amounts provided under this heading may be
used for expenses the agency incurs in administering this
program in addition to amounts provided for administrative
expenses for the Grants-in-Aid Airport Improvement Program from
any other Act.
Federal Highway Administration
HIGHWAY INFRASTRUCTURE INVESTMENT
For an additional amount for ``Highway Infrastructure
Investment'' for restoration, repair, construction and other
activities eligible under paragraph (b) of section 133 of title
23, United States Code, and for passenger and freight rail
transportation and port infrastructure projects eligible for
assistance under subsection 601(a)(8) of such title,
$27,500,000,000 to remain available through September 30, 2011:
Provided, That, after making the set-asides required under this
heading, 50 percent of the funds made available under this
heading shall be apportioned to States using the formula set
forth in section 104(b)(3) of title 23, United States Code, and
the remaining funds shall be apportioned to States in the same
ratio as the obligation limitation for fiscal year 2008 was
distributed among the States in accordance with the formula
specified in section 120(a)(6) of division K of Public Law 110-
161: Provided further, That funds made available under this
heading shall be apportioned not later than 21 days after the
date of enactment of this Act: Provided further, That in
selecting projects to be carried out with funds apportioned
under this heading, priority shall be given to projects that
are projected for completion within a 3-year time frame, and
are located in economically distressed areas as defined by
section 301 of the Public Works and Economic Development Act of
1965, as amended (42 U.S.C. 3161): Provided further, That in
selecting projects to be carried out with funds apportioned
under this heading, States shall ensure an equitable geographic
distribution of funds and an appropriate balance in addressing
the needs of urban and rural communities in the State: Provided
further, That 90 days following the date of such apportionment,
the Secretary of Transportation shall withdraw from each State
an amount equal to 50 percent of the funds awarded to that
State less the amount of funding under contract, as determined
by the Secretary, and the Secretary shall redistribute such
amounts to other States that have had no funds withdrawn under
this proviso in the manner described in section 120(c) of
division K of Public Law 110-161: Provided further, That 1 year
following the date of such apportionment, the Secretary shall
withdraw from each recipient of funds apportioned under this
heading any funds that are not under contract, as determined by
the Secretary, and the Secretary shall redistribute such
amounts to States that have had no funds withdrawn under this
proviso in the manner described in section 120(c) of division K
of Public Law 110-161: Provided further, That at the request of
a State, the Secretary of Transportation may provide an
extension of such 1-year period only to the extent that he
feels satisfied that the State has encountered extreme
conditions that create an unworkable bidding environment or
other extenuating circumstances: Provided further, That before
granting such an extension, the Secretary shall send a letter
to the House and Senate Committees on Appropriations that
provides a thorough justification for the extension: Provided
further, That 3 percent of the funds apportioned to a State
under this heading shall be set aside for the purposes
described in subsection 133(d)(2) of title 23, United States
Code (without regard to the comparison to fiscal year 2005):
Provided further, That 30 percent of the funds apportioned to a
State under this heading shall be suballocated within the State
in the manner and for the purposes described in the first
sentence of subsection 133(d)(3)(A), in subsection
133(d)(3)(B), and in subsection 133(d)(3)(D): Provided further,
That such suballocation shall be conducted in every State:
Provided further, That of the funds provided under this
heading, $105,000,000 shall be for the Puerto Rico highway
program authorized under section 165 of title 23, United States
Code, and $45,000,000 shall be for the territorial highway
program authorized under section 215 of title 23, United States
Code: Provided further, That of the funds provided under this
heading, $60,000,000 shall be for capital expenditures eligible
under section 147 of title 23, United States Code (without
regard to subsection (d)): Provided further, That the Secretary
of Transportation shall distribute such $60,000,000 as
competitive discretionary grants to States, with priority given
to those projects that demonstrate to his satisfaction their
ability to be completed within 2 years of enactment of this
Act: Provided further, That of the funds provided under this
heading, $550,000,000 shall be for investments in
transportation at Indian reservations and Federal lands:
Provided further, That of the funds identified in the preceding
proviso, $310,000,000 shall be for the Indian Reservation Roads
program, $170,000,000 shall be for the Park Roads and Parkways
program, $60,000,000 shall be for the Forest Highway Program,
and $10,000,000 shall be for the Refuge Roads program: Provided
further, That for investments at Indian reservations and
Federal lands, priority shall be given to capital investments,
and to projects and activities that can be completed within 2
years of enactment of this Act: Provided further, That 1 year
following the enactment of this Act, to ensure the prompt use
of the $550,000,000 provided for investments at Indian
reservations and Federal lands, the Secretary shall have the
authority to redistribute unobligated funds within the
respective program for which the funds were appropriated:
Provided further, That up to 4 percent of the funding provided
for Indian Reservation Roads may be used by the Secretary of
the Interior for program management and oversight and project-
related administrative expenses: Provided further, That section
134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not
apply to funds provided under this heading: Provided further,
That of the funds made available under this heading,
$20,000,000 shall be for highway surface transportation and
technology training under section 140(b) of title 23, United
States Code, and $20,000,000 shall be for disadvantaged
business enterprises bonding assistance under section 332(e) of
title 49, United States Code: Provided further, That funds made
available under this heading shall be administered as if
apportioned under chapter 1 of title 23, United States Code,
except for funds made available for investments in
transportation at Indian reservations and Federal lands, and
for the territorial highway program, which shall be
administered in accordance with chapter 2 of title 23, United
States Code, and except for funds made available for
disadvantaged business enterprises bonding assistance, which
shall be administered in accordance with chapter 3 of title 49,
United States Code: Provided further, That the Federal share
payable on account of any project or activity carried out with
funds made available under this heading shall be, at the option
of the recipient, up to 100 percent of the total cost thereof:
Provided further, That funds made available by this paragraph
shall not be obligated for the purposes authorized under
section 115(b) of title 23, United States Code: Provided
further, That funding provided under this heading shall be in
addition to any and all funds provided for fiscal years 2010
and 2011 in any other Act for ``Federal-aid Highways'' and
shall not affect the distribution of funds provided for
``Federal-aid Highways'' in any other Act: Provided further,
That the amount made available under this heading shall not be
subject to any limitation on obligations for Federal-aid
highways or highway safety construction programs set forth in
any Act: Provided further, That section 1101(b) of Public Law
109-59 shall apply to funds apportioned under this heading:
Provided further, That the Administrator of the Federal Highway
Administration may retain up to $45,000,000 of the funds
provided under this heading to fund the oversight by the
Administrator of projects and activities carried out with funds
made available to the Federal Highway Administration in this
Act, of which $5,000,000 shall be for the Office of Expedited
Project Delivery in the Office of the Administrator of the
Federal Highway Administration, and such funds shall be
available through September 30, 2013.
Federal Railroad Administration
CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
For an additional amount for ``Capital Grants to the
National Railroad Passenger Corporation'' to enable the
Secretary of Transportation to make capital grants to The
National Railroad Passenger Corporation (Amtrak) as authorized
by section 101(c) of the Passenger Rail Investment and
Improvement Act of 2008 (Public Law 110-432), $800,000,000, for
fleet modernization, including rehabilitation of existing and
acquisition of new passenger equipment, including fuel
efficient locomotives: Provided, That none of the funds
provided under this heading shall he used to subsidize the
operating losses of Amtrak: Provided further, That section
24305(f)(4)(B) of title 49, United States Code, shall not apply
to any new equipment acquired with funds provided under this
heading: Provided further, That funds provided under this
heading shall be awarded not later than 60 days after the date
of enactment of this Act.
Federal Transit Administration
TRANSIT CAPITAL ASSISTANCE
For an additional amount for ``Transit Capital Assistance''
for transit capital assistance grants authorized under section
5302(a)(1) of title 49, United States Code, $6,150,000,000:
Provided, That the Secretary of Transportation shall provide 80
percent of the funds appropriated under this heading for grants
under section 5307 of title 49, United States Code, and
apportion such funds in accordance with section 5336 of such
title (other than subsections (i)(1) and (j)): Provided
further, That the Secretary shall apportion 10 percent of the
funds appropriated under this heading in accordance with
section 5340 of such title: Provided further, That the
Secretary shall provide 10 percent of the funds appropriated
under this heading for grants under section 5311 of title 49,
United States Code, and apportion such funds in accordance with
such section: Provided further, That funds apportioned under
this heading shall be apportioned not later than 21 days after
the date of enactment of this Act: Provided further, That 90
days following the date of such apportionment, the Secretary
shall withdraw from each urbanized area or State an amount
equal to 50 percent of the funds apportioned to such urbanized
areas or States less the amount of funding under contract, as
determined by the Secretary, and the Secretary shall
redistribute such amounts to other urbanized areas or States
that have had no funds withdrawn under this proviso utilizing
whatever method he deems appropriate to ensure that all funds
redistributed under this proviso shall be utilized promptly:
Provided further, That 1 year following the date of such
apportionment, the Secretary shall withdraw from each urbanized
area or State any funds that are not under contract, as
determined by the Secretary, and the Secretary shall
redistribute such amounts to other urbanized areas or States
that have had no funds withdrawn under this proviso utilizing
whatever method he deems appropriate to ensure that all finds
redistributed under this proviso shall be utilized promptly:
Provided further, That at the request of an urbanized area or
State, the Secretary of Transportation may provide an extension
of such 1-year period if he feels satisfied that the urbanized
area or State has encountered an unworkable bidding environment
or other extenuating circumstances: Provided further, That
before granting such an extension, the Secretary shall send a
letter to the House and Senate Committees on Appropriations
that provides a thorough justification for the extension:
Provided further, That of the funds provided for section 5311
of title 49, United Slates Code, 2.5 percent shall be made
available for section 5311(c)(1): Provided further, That of the
funding provided under this heading, $100,000,000 shall be
distributed as discretionary grants to public transit agencies
for capital investments that will assist in reducing the energy
consumption or greenhouse gas emissions of their public
transportation systems: Provided further, That for such grants
on energy-related investments, priority shall be given to
projects based on the total energy savings that are projected
to result from the investment, and projected energy savings as
a percentage of the total energy usage of the public transit
agency: Provided further, That applicable chapter 53
requirements shall apply to funding provided under this
heading, except that the Federal share of the costs for which
any grant is made under this heading shall be, at the option of
the recipient, up to 100 percent: Provided further, That the
amount made available under this heading shall not be subject
to any limitation on obligations for transit programs set forth
in any Act: Provided further, That section 1101(b) of Public
Law 109-59 shall apply to funds appropriated under this
heading: Provided further, That the funds appropriated under
this heading shall not be commingled with any prior year funds:
Provided further, That a recipient and subrecipient of funds
made available under this heading may use up to 10 percent of
the amount apportioned to a State or urbanized area for the
operating costs of equipment and facilities for use in public
transportation or for eligible activities under section
5311(f): Provided further, That in selecting projects to be
carried out with funds apportioned under this heading, priority
shall be given to projects that are located in economically
distressed areas as defined by section 301 of the Public Works
and Economic Development Act of 1965, as amended (42 U.S.C.
3161): Provided further, That in selecting projects to be
carried out with funds apportioned under this heading, States
shall ensure an equitable geographic distribution of funds and
an appropriate balance in addressing the needs of urban and
rural communities in the State: Provided further, That
notwithstanding any other provision of law., three-quarters of
1 percent of the funds provided for grants under section 5307
and section 5340, and one-half of 1 percent of the funds
provided for grants under section 5311, shall be available for
administrative expenses and program management oversight, and
such funds shall be available through September 30, 2013.
FIXED GUIDEWAY INFRASTRUCTURE INVESTMENT
For an amount for capital expenditures authorized under
section 5309(b)(2) of title 49, United States Code,
$1,750,000,000: Provided, That the Secretary of Transportation
shall apportion funds under this heading pursuant to the
formula set forth in section 5337 of title 49, United States
Code: Provided further, That the funds appropriated under this
heading shall not be commingled with any prior year funds:
Provided further, That funds made available under this heading
shall be apportioned not later than 21 days after the date of
enactment of this Act: Provided further, That 90 days following
the date of such apportionment, the Secretary shall withdraw
from each urbanized area an amount equal to 50 percent of the
funds apportioned to such urbanized area less the amount of
funding under contract, as determined by the Secretary, and the
Secretary shall redistribute such amounts to other urbanized
areas that have had no funds withdrawn under this proviso
utilizing whatever method he deems appropriate to ensure that
all funds redistributed under this proviso shall be utilized
promptly: Provided further, That 1 year following the date of
such apportionment, the Secretary shall withdraw from each
urbanized area any funds that are not under contract, as
determined by the Secretary, and the Secretary shall
redistribute such amounts to other urbanized areas that have
had no funds withdrawn under this proviso utilizing whatever
method he deems appropriate to ensure that all funds
redistributed under this proviso shall be utilized promptly:
Provided further, That at the request of an urbanized area, the
Secretary of Transportation may provide an extension of such 1-
year period if he feels satisfied that the urbanized area has
encountered an unworkable bidding environment or other
extenuating circumstances: Provided further, That before
granting such an extension, the Secretary shall send a letter
to the House and Senate Committees on Appropriations that
provides a thorough justification for the extension: Provided
further, That applicable chapter 53 requirements shall apply
except that the Federal share of the costs for which a grant is
made under this heading shall be, at the option of the
recipient, up to 100 percent: Provided further, That the
provisions of section 1101(b) of Public Law 109-59 shall apply
to funds made available under this heading: Provided further,
That notwithstanding any other provision of law, up to 1
percent of the funds under this heading shall be available for
administrative expenses and program management oversight and
shall remain available for obligation until September 30, 2013.
CAPITAL INVESTMENT GRANTS
For an additional amount for ``Capital Investment Grants'',
as authorized under section 5338(c)(4) of title 49, United
States Code, and allocated under section 5309(m)(2)(A) of such
title, to enable the Secretary of Transportation to make
discretionary grants as authorized by section 5309(d) and (e)
of such title, $500,000,000, of which $1,500,000 shall be for
the Office of Expedited Project Delivery in the Office of the
Administrator of the Federal Transit Administration: Provided,
That such amount shall be allocated without regard to the
limitation under section 5309(m)(2)(A)(i): Provided further,
That in selecting projects to be funded, priority shall be
given to projects that are able to award contracts within 90
days of enactment of this Act: Provided further, That the
provisions of section 1101(b) of Public Law 109-59 shall apply
to funds made available under this heading: Provided further,
That funds appropriated under this heading shall not be
commingled with any prior year funds: Provided further, That
applicable chapter 53 requirements shall apply, except that
notwithstanding any other provision of law, up to 1 percent of
the funds provided under this heading shall be available for
administrative expenses and program management oversight, and
shall remain available through September 30, 2013: Provided
further, That, notwithstanding any other provision of law, the
provisions of section 3011(f) of Public Law 109-59 shall apply
to all projects evaluated under sections 5309(d) and 5309(e) of
title 49, United States Code, and funded in fiscal years 2010
and 2011 with funds made available in the Act or any other Act.
Maritime Administration
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized,
$100,000,000: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That the Maritime Administrator may retain and transfer to
``Maritime Administration, Operations and Training'' up to 2
percent of the funds provided under this heading to carry out
the guaranteed loan program.
General Provision, Department of Transportation
Sec. 1601. (A) Maintenance of Effort.--
(1) Certification.--
(A) Certification through september 30,
2010.--The certification made by the Governor
of each State under section 1201(a) of division
A of the American Recovery and Reinvestment Act
of 2009 (Pub. L. 111-5, 123 Stat. 115, 212)
shall continue in effect under this Act.
(B) Certification through september 30,
2011.--Not later than 30 days after the date of
enactment of this Act, for each amount that is
distributed to a State or agency thereof from
an appropriation in this Act for a covered
program, the Governor of the State shall
certify to the Secretary of Transportation that
the State will maintain its effort with regard
to State funding for the types of projects that
are funded by the appropriation. As part of
this certification, the Governor shall submit
to the Secretary of Transportation a statement
identifying the amount of State funds the State
planned to expend from State sources as of the
date of enactment of this Act for the period of
October 1, 2010, through September 30, 2011,
for the types of projects that are funded by
the appropriation. For the period of October 1,
2010, through September 30, 2011, the Governor
of a State may calculate planned expenditures
from State funds in the same manner as under
section 1201(a) of division A of the American
Recovery and Reinvestment Act of 2009 or may
calculate the amount by prorating the amount
certified under section 1201(a) of division A
of the American Recovery and Reinvestment Act
of 2009 to establish the amount of planned
expenditures for such period.
(2) Definition of state funds.--For purposes of the
certifications required by section 1201(a) of division
A of the American Recovery and Reinvestment Act of 2009
and paragraph (1)(B), State funding means State funds
used for transportation purposes that are expended by
the State agency that is primarily responsible for
carrying out the covered program. State funding does
not include State transportation funds that are
expended by or at the direction of non-State
governmental entities.
(b) Requirement to Maintain Effort.--
(1) Reports.--Each State shall submit to the
Department of Transportation for each covered program
the actual aggregate expenditures from State funds
during the period of February 17, 2009, through
September 30, 2011, as compared to the level of such
expenditures from State funds that were planned to
occur during such period as certified in accordance
with subsection (a). The State shall submit the
maintenance of effort reports in the same manner and in
the same timeframe required by subsection (c), except
the State is not required to submit a maintenance of
effort report on February 17, 2013. The covered
agencies shall submit the reports to Congress in
accordance with subsection (c)(1).
(2) Determination of maintenance of effort.--A State
is deemed to have met its level of effort if the
aggregate amount of actual expenditures of State funds
reported in the February 17, 2012 report in accordance
with paragraph (1) meets or exceeds the aggregate
amount of planned expenditures of State funds
identified in the certification required by subsection
(a).
(3) Penalty for failure to maintain effort.--If a
State is unable to maintain the level of effort
certified pursuant to subsection (a), the State will be
prohibited by the Secretary of Transportation from
receiving additional limitation pursuant to the
redistribution of the limitation on obligations for
Federal-aid highway and highway safety construction
programs that occurs after August 1 for fiscal year
2012.
(c) Periodic Reports.--
(1) In general.--Notwithstanding any other provision
of law, each grant recipient shall submit to the
covered agency from which they received funding
periodic reports on the use of the funds appropriated
in this chapter for the Department of Transportation
for covered programs. Such reports shall be collected
and compiled by the covered agency and transmitted to
Congress. Covered agencies may develop such reports on
behalf of grant recipients to ensure the accuracy and
consistency of such reports.
(2) Contents of reports.--For amounts received under
each covered program by a grant recipient under this
chapter for the Department of Transportation, the grant
recipient shall include in the periodic reports
information tracking--
(A) the amount of Federal funds appropriated,
allocated, obligated, and outlayed under the
appropriation;
(B) the number of projects that have been put
out to bid under the appropriation and the
amount of Federal funds associated with such
projects;
(C) the number of projects for which
contracts have been awarded under the
appropriation and the amount of Federal funds
associated with such contracts;
(D) the number of projects for which work has
begun under such contracts and the amount of
Federal funds associated with such contracts;
(E) the number of projects for which work has
been completed under such contracts and the
amount of Federal funds associated with such
contracts; and
(F) the number of direct, on-project jobs
created or sustained by the Federal funds
provided for projects under the appropriation
and, to the extent possible, the estimated
indirect jobs created or sustained in the
associated supplying industries, including the
number of job-years created and the total
increase in employment since the date of
enactment of this Act.
(3) Timing of reports.--Eaah grant recipient shall
submit the first of the periodic reports required under
this subsection not later than 1 year after the date of
enactment of the American Recovery and Reinvestment Act
of 2009 and shall submit updated reports not later than
15 months, 18 months, 2 years, 3 years, and 4 years
after such date of enactment.
(d) Definitions.--In this section, the following
definitions apply:
(1) Covered agency.--The term ``covered agency''
means the Federal Aviation Administration, the Federal
Highway Administration, the Federal Railroad
Administration, the Federal Transit Administration, and
the Maritime Administration of the Department of
Transportation.
(2) Covered program.--The term ``covered program''
means funds appropriated in this Act for Grants-in-Aid
for Airports'' to the Federal Aviation Administration;
for ``Highway Infrastructure Investment'' to the
Federal Highway Administration; for ``Capital Grants to
the National Railroad Passenger Corporation'' to the
Federal Railroad Administration; for ``Transit Capital
Assistance'', ``Fixed Guideway Infrastructure
Investment'', and ``Capital Investment Grants'' to the
Federal Transit Administration; and for ``Maritime
Guaranteed Loan (Title XI) Program Account'' to the
Maritime Administration.
(3) Grant recipient.--The term ``grant recipient''
means a State or other recipient of assistance provided
under a covered program in this Act. Such term does not
include a Federal department or agency.
(e) Exemption.--Notwithstanding any other provision of law,
sections 3501-3521 of title 44, United States Code, shall not
apply to the provisions of this section.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
PUBLIC HOUSING CAPITAL FUND
For an additional amount for the ``Public Housing Capital
Fund'' to carry out capital and management activities for
public housing agencies, as authorized under section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g) (in this
heading referred to as the ``Act''), $1,000,000,000: Provided,
That the Secretary of Housing and Urban Development shall make
the funds provided under this heading available by competition
for priority investments, including investments that leverage
private sector funding or financing for renovations and energy
conservation retrofit investments: Provided further, That the
Secretary shall obligate the funds provided under this heading
by such competition within 60 days of the date of the enactment
of this Act: Provided further, That in using the funds provided
under this heading public housing authorities shall give
priority to capital projects that can award contracts based on
bids within 120 days from the date that the funds are made
available to the public housing authorities: Provided further,
That in using such funds provided under this heading public
housing agencies shall give priority consideration to the
rehabilitation of vacant rental units: Provided further, That
in using such funds provided under this heading public housing
agencies shall prioritize capital projects that are already
underway or included in the 5-year capital fund plans required
by section 5A of the Act (42 U.S.C. 1437c-1(a)): Provided
further, That notwithstanding any other provision of law, funds
provided under this heading (1) may not be used for operating
or rental assistance activities, and (2) shall not be subject
to any restriction of funding to replacement housing uses:
Provided further, That notwithstanding section 9(j) of the Act,
public housing agencies shall obligate 50 percent of the funds
provided under this heading within 180 days of the date on
which such funds become available to the agency for obligation,
and shall expend 100 percent of such funds within one year of
the date on which such funds become available to the agency for
obligation: Provided further, That if a public housing agency
fails to comply with the 180-day obligation requirement under
the preceding proviso, the Secretary shall recapture all funds
provided under this heading awarded to the public housing
agency that remain unobligated and reallocate such funds to
agencies that are in compliance with such requirement: Provided
further, That in administering funds appropriated or otherwise
made available under this heading, the Secretary may waive or
specify alternative requirements for any provision of any
statute or regulation in connection with the obligation by the
Secretary or the use of such funds (except for requirements
related to fair housing, nondiscrimination, labor standards,
and the environment), upon a finding that such a waiver is
necessary to expedite or facilitate the use of such funds:
Provided further, That, in addition to waivers authorized under
the preceding proviso, the Secretary may direct that
requirements relating to the procurement of goods and services
arising under State and local laws and regulations shall not
apply to funds provided under this heading.
Community Planning and Development
HOUSING TRUST FUND
For the Housing Trust Fund established pursuant to section
1338 of the Federal Housing Enterprises Financial Safety and
Soundness Act of 1992 (12 U.S.C. 4568), $1,065,000,000, for use
under such section: Provided, That of the total amount provided
under this heading, $65,000,000 shall be available to the
Secretary of Housing and Urban Development only for incremental
project-based voucher assistance or project-based rental
assistance, to be allocated to States pursuant to the formula
established under such section 1338, to be used solely in
conjunction with grant funds awarded under such section 1338.
CHAPTER 7--GENERAL PROVISIONS, THIS TITLE
TARP REDUCTION
Sec. 1701. The limitation under section 115(a)(3) of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5225(a)(3)) in effect on the date of the enactment of this Act
is decreased by $150,000,000,000.
LIMIT ON FUNDS
Sec. 1702. All funds provided under this title shall be
subject to the requirements of section 1604 of division A of
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5).
RECOVERY ACT REPORTING REQUIREMENTS
Sec. 1703. (a) Funds made available by this title shall be
subject to the reporting, transparency, and oversight
requirements established by title XV of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5), on the same basis as funds made available in division A of
that Act.
(b) Amounts appropriated in division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) to any
Office of Inspector General or to the Recovery Accountability
and Transparency Board shall also be available for the same
purposes with respect to any programs, grants, projects, and
activities for which funds are made available by this title.
TITLE II--SURFACE TRANSPORTATION EXTENSION
SHORT TITLE
Sec. 2001. This title may be cited as the ``Surface
Transportation Extension Act of 2009''.
FEDERAL-AID HIGHWAYS
Sec. 2002. (a) In General.--
(1) Applicability of provisions.--Except as provided
in this title, requirements, authorities, conditions,
eligibilities, limitations, and other provisions
authorized under titles I, V, and VI of SAFETEA-LU (119
Stat. 1144), the SAFETEA-LU Technical Corrections Act
of 2008 (122 Stat. 1572), titles I and VI of the
Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1914), titles I and V of the
Transportation Equity Act for the 21st Century (112
Stat. 107), and title 23, United States Code (excluding
chapter 4 of that title), which would otherwise expire
on or cease to apply after September 30, 2009, or the
date specified in section 106(3) of the Continuing
Appropriations Resolution, 2010 (Public Law 111-68),
are incorporated by reference and shall continue in
effect through September 30, 2010.
(2) Authorization of appropriations.--Except as
provided in subsection (b), there are authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) for fiscal year 2010 an
amount equal to the sum of the amounts authorized to be
appropriated out of the Highway Trust Fund (other than
the Mass Transit Account) for programs, projects, and
activities for fiscal year 2009 under titles I, V, and
VI of SAFETEA-LU (119 Stat. 1144) and title 23, United
States Code (excluding administrative expenses under
section 104(a) and programs, projects, and activities
under chapter 4 of that title), minus $1,394,358,419.
(3) Use of funds.--
(A) Fiscal year 2010.--Except as otherwise
expressly provided in this title, funds
authorized to be appropriated under paragraph
(2) for fiscal year 2010 shall be distributed,
administered, limited, and made available for
obligation in the same manner as the total
amount of funds authorized to be appropriated
out of the Highway Trust Fund (other than the
Mass Transit Account) for fiscal year 2009 to
carry out programs, projects, activities,
eligibilities, and requirements under SAFETEA-
LU (119 Stat. 1144), the SAFETEA-LU Technical
Corrections Act of 2008 (122 Stat. 1572),
titles I and VI of the Intermodal Surface
Transportation Efficiency Act of 1991 (105
Stat. 1914), titles I and V of the
Transportation Equity Act for the 21st Century
(112 Stat. 107), and title 23, United States
Code (excluding chapter 4 of that title).
(B) Calculation.--The amounts authorized to
be appropriated under paragraph (2) shall be
calculated without regard to any rescission or
cancellation of funds or contract authority for
fiscal year 2009 under SAFETEA-LU (119 Stat.
1144) or any other law.
(C) Distribution between programs.--Funds
authorized to be appropriated under paragraph
(2) shall be distributed under subparagraph (A)
among programs, projects, and activities
referenced in such subparagraph in the ratio
that--
(i) the amount authorized to be
appropriated out of the Highway Trust
Fund (other than the Mass Transit
Account) for such program, project, or
activity for fiscal year 2009; bear to
(ii) the amount authorized to be
appropriated out of the Highway Trust
Fund (other than the Mass Transit
Account) for all such programs,
projects, and activities for fiscal
year 2009.
(D) Contract authority.--
(i) In general.--Except as provided in clause (ii), funds
authorized to be appropriated under this subsection shall be
available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States
Code, and subject to a limitation on obligations for Federal-
aid highways and highway safety construction programs included
in an Act making appropriations for fiscal year 2010.
(ii) Exceptions.--
(I) In general.--A limitation
on obligations described in
clause (i) shall not apply to
any obligation under--
(aa) section 125 of
title 23, United States
Code; or
(bb) section 105 of
title 23, United States
Code, but only in an
amount equal to
$639,000,000.
(II) Special rules.--Except
as otherwise expressly provided
by this title, any special rule
that applied in fiscal year
2009 to any program, project,
or activity for which funds are
authorized to be appropriated
under paragraph (2) shall
continue to apply through
September 30, 2010.
(4) Extension and flexibility for certain allocated
programs.--
(A) Fiscal year 2010.--
(i) In general.--Notwithstanding any
other provision of law, for fiscal year
2010, the portion of the share of funds
of a State under paragraph (2)
determined by the amount that the State
received or was authorized to receive
for fiscal year 2009 to carry out
sections 1307, 1702, and 1934 of
SAFETEA-LU (119 Stat. 1217, 1256, and
1485) and section 144(f)(1) of title
23, United States Code, shall be--
(I) made available to the
State for programs specified in
section 105(a)(2) of title 23,
United States Code (except the
high priority projects
program), and in the same
proportion for each such
program that--
(aa) the amount
apportioned to the
State for that program
for fiscal year 2009;
bears to
(bb) the amount
apportioned to the
State for fiscal year
2009 for all such
programs; and
(II) administered in the same
manner and with the same period
of availability as such funding
as administered under programs
identified in clause (i),
except that no funds may be
used to carry out the project
described in section 1307(d)(1)
of SAFETEA-LU (119 Stat. 1217;
122 Stat. 1577).
(ii) Territories and puerto rico.--
(I) In general.--
Notwithstanding any other
provision of law, the portion
of the share of funds of a
territory or Puerto Rico under
paragraph (2) determined by the
amount that the territory or
Puerto Rico received or was
authorized to receive for
fiscal year 2009 to carry out
section 1934 of SAFETEA-LU (119
Stat. 1485), shall be--
(aa) for a territory,
made available and
administered in the
same manner as funding
is made available and
administered under
section 215 of title 23
United States Code; and
(bb) for Puerto Rico,
made available and
administered in the
same manner as funding
is made available and
administered under
section 165 of title
23, United States Code.
(II) Territory defined.--In
this clause, the term
``territory'' means any of the
following territories of the
United States: American Samoa,
the Commonwealth of the
Northern Mariana Islands, Guam,
or the United States Virgin
Islands.
(B) Additional funds.--
(i) In general.--No additional funds
shall be provided for any project or
activity under paragraph (3)(A) that
the Secretary of Transportation
determines was sufficiently funded
before or during fiscal year 2009 to
achieve the authorized purpose of the
project or activity.
(ii) Reservation and redistribution
among states.--
(I) In general.--Funds made
available in accordance with
paragraph (3)(A) for a project
or activity described in clause
(i) shall be--
(aa) reserved by the
Secretary of
Transportation; and
(bb) apportioned
among all States such
that each State's share
of funds so apportioned
is equal to the State's
share for fiscal year
2009 of funds
apportioned or
allocated for the
programs specified in
subclause (II).
(II) Specific programs.--The
programs referred to in
subclause (I) are--
(aa) the programs
listed in section
105(a)(2) of title 23,
United States Code;
(bb) the program
authorized by section
144(f)(1) of such
title; and
(cc) the program
authorized by section
1934 of SAFETEA-LU (119
Stat. 1485).
(iii) Distribution among programs.--
Funds apportioned to a State pursuant
to clause (ii) shall be--
(I) made available to the
State for programs specified in
section 105(a)(2) of title 23,
United States Code (except the
high priority projects
program), and in the same
proportion for each such
program that--
(aa) the amount
apportioned to the
State for that program
for fiscal year 2009;
bears to
(bb) the amount
apportioned to the
State for fiscal year
2009 for all such
programs; and
(II) administered in the same
manner and with the same period
of availability as such,
funding is administered under
programs identified in
subclause (I).
(C) Competitive distribution of certain
discretionary funds.--
(i) Projects of national and regional
significance.--Notwithstanding section
1301(m) of SAFETEA-LU (119 Stat. 1202),
the Secretary shall allocate funds
authorized to be appropriated under
paragraph (2) for the projects of
national and regional significance
program on the basis of a competitive
selection process in accordance with
sections 1301(d), 1301(e), and 1301(f)
of that Act (119 Stat. 1199).
(ii) National corridor infrastructure
improvement program.--Notwithstanding
section 1302(e) of SAFETEA-LU (119
Stat. 1205), the Secretary shall
allocate finds authorized to be
appropriated under paragraph (2) for
the national corridor infrastructure
improvement program on the basis of a
competitive selection process in
accordance with section 1302(b) of that
Act (119 Stat. 1204).
(5) Extension of authorization under title v of
safetea-lu.--
(A) In general.--The programs authorized
under paragraphs (1) through (5) of section
5101(a) of SAFETEA-LU (119 Stat. 1779) shall be
continued for fiscal year 2010 at the funding
levels authorized for those programs for fiscal
year 2009.
(B) Distribittion of funds.--Funds for
programs continued under subparagraph (A) shall
be distributed to major program areas under
those programs in the same proportions as funds
were allocated for those program areas for
fiscal year 2009, except that designations for
specific activities shall not be required to be
continued for fiscal year 2010.
(C) Additional funds.--
(i) In general.--No additional funds
shall be provided for any project or
activity under this paragraph that the
Secretary of Transportation determines
was sufficiently funded before or
during fiscal year 2009 to achieve the
authorized purpose of the project or
activity.
(ii) Distribution.--Funds that would
have been made available under
subparagraph (A) for a project or
activity but for the prohibition under
clause (i) shall be distributed in
accordance with subparagraph (B).
(b) Administration Expenses.--
(1) Authorization of contract authority.--
Notwithstanding other provision of this title or any
other law, there is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit
Account), $420,562,000 for administrative expenses of
the Federal-aid highway program for fiscal year 2010.
(2) Contract authority.--Funds authorized to be
appropriated by this subsection shall be--
(A) available for obligation, and shall be
administered, in the same manner as if such
funds were apportioned under chapter 1 of title
23, United States Code, except that such funds
shall remain available until expended; and
(B) subject to a limitation on obligations
for Federal-aid highways and highway safety
construction programs included in an Act making
appropriations for fiscal year 2010.
(c) Reconciliation of Funds.--The Secretary shall reduce
the amount apportioned or allocated for a program, project, or
activity continued under this section by any amount apportioned
or allocated for such program, project, or activity pursuant to
the Continuing Appropriations Resolution, 2010 (Public Law 111-
68).
(d) References.--Except as otherwise expressly provided,
any reference in this section to an Act, or a provision
contained in an Act, shall be considered to include the
amendments made by that Act or provision.
EXTENSION OF HIGHWAY SAFETY PROGRAMS OF NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Sec. 2003. (a) Chapter 4 Highway Safety Programs.--Section
2001(a)(1) of SAFETEA-LU (119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``,
and $235,000,000 for fiscal year 2010''.
(b) Highway Safety Research and Development.--Section
2001(a)(2) of such Act (119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``,
and $105,500,000 for fiscal year 2010''.
(c) Occupant Protection Incentive Grants.--
(1) Extension of program.--Section 405 of title 23,
United States Code, is amended--
(A) in subsection (a)(3) by striking ``6''
and inserting ``7''; and
(B) in subsection (a)(4)(C) by striking ``in
each of the fifth and sixth fiscal years
beginning after September 30, 2003,'' and
inserting ``in each subsequent fiscal year''.
(2) Authorization of appropriations.--Section
2001(a)(3) of such Act (119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the
following: ``, and $25,000,000 for fiscal year
2010''.
(d) Safety Belt Performance Grants.--
(1) Extension of program.--Section 406(c)(1) of title
23, United States Code, is amended by striking ``2009''
and inserting ``2010''.
(2) Authorization of appropriations.--Section
2001(a)(4) of such Act (119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the
following: ``, and $124,500,000 for fiscal year
2010''.
(e) State Traffic Safety Information System Improvements.--
Section 2001(a)(5) of such Act (119 Stat. 1519) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``,
and $34,500,000 for fiscal year 2010''.
(f) Alcohol-Impaired Driving Countermeasures Incentive
Grant Program.--
(1) Extension of program.--Section 410 of title 23,
United States Code, is amended--
(A) in subsection (a)(3)(C) by striking ``in
each of the fifth, sixth, seventh, and eighth
fiscal years'' and inserting ``in each
subsequent fiscal year''; and
(B) in subsection (b)(2)(C) by striking ``and
2009'' and inserting ``, 2009, and 2010''.
(2) Authorization of appropriations.--Section
2001(a)(6) of such Act (119 Stat. 1519) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the
following: ``, and $139,000,000 for fiscal year
2010''.
(g) National Driver Register.--Section 2001(a)(7) of such
Act (119 Stat. 1520) is amended--
(1) by striking ``and''; and
(2) by inserting after ``2009'' the following: ``,
and $4,000,000 for fiscal year 2010''.
(h) High Visibility Enforcement Program.--
(1) Extension of program.--Section 2009(a) of such
Act (23 U.S.C. 402 note; 119 Stat. 1535) is amended by
striking ``2009'' and inserting ``2010''.
(2) Authorization of appropriations.--Section
2001(a)(8) of such Act (119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the second
place it appears the following: ``, and
$29,000,000 for fiscal year 2010''.
(i) Motorcyclist safety.--
(1) Extension of program.--Section 2010(d)(1)(B) of
such Act (23 U.S.C. 402 note; 119 Stat. 1536) is
amended by striking ``and fourth'' and inserting
``fourth, and fifth''.
(2) Authorization of appropriations.--Section
2001(a)(9) of such Act (119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the
following: ``, and $7,000,000 far fiscal year
2010''.
(j) Child Safety and Child Booster Seat Safety Incentive
Grants.--
(1) Extension of program.--Section 2011(c)(2) of such
Act (23 U.S.C. 405 note; 119 Stat. 1538) is amended by
striking ``fourth fiscal year'' and inserting ``fourth
and fifth fiscal years''.
(2) Authorization of appropriations.--Section
2001(a)(10) of such Act (119 Stat. 1520) is amended--
(A) by striking ``and''; and
(B) by inserting after ``2009'' the
following: ``, and $7,000,000 for fiscal year
2010''.
(k) Administrative Expenses.--Section 2001(a)(11) of such
Act (119 Stat. 1520) is amended--
(1) by striking ``and'' the last place it appears;
and
(2) by inserting after ``2009'' the following: ``,
and $18,500,000 for fiscal year 2010''.
(l) Applicability of Title 23.--Section 2001(c) of such Act
(119 Stat. 1520) is amended by striking ``2009'' and inserting
``2010''.
(m) Drug-Impaired Driving Enforcement.--Section 2013(f) of
such Act (23 U.S.C. 403 note; 119 Stat. 1540) is amended by
striking ``2009'' and inserting ``2010''.
(n) Older Driver Safety; Law Enforcement Training.--Section
2017 of such Act (23 (U.S.C. 402 note; 119 Stat. 1541) is
amended--
(1) in subsection (a)(1) by striking ``2009'' and
inserting ``2010''; and
(2) in subsection (b)(2) by striking ``2009'' and
inserting ``2010''.
EXTENSION OF FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION PROGRAMS
Sec. 2004. (a) Motor Carrier Safety Grants.--Section
31104(a) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(3) by adding at the end the following:
``(6) $212,070,000 for fiscal year 2010.''.
(b) Administrative Expenses.--Section 31104(i)(1) of title
49, United States Code is amended--
(1) by striking ``and'' at the end of subparagraph
(D);
(2) by striking the period at the end of subparagraph
(E) and inserting ``; and''; and
(3) by adding at the end the following:
``(F) $239,828,000 for fiscal year 2010.''.
(c) High Priority Activities.--Section 31104(k)(2) of title
49, United States Code, is amended by striking ``2009'' and
inserting ``2010''.
(d) Grant Programs.--Section 4101(c) of SAFETEA-LU (119
Stat. 1715) is amended--
(1) in paragraph (1) by striking ``2009'' and
inserting ``2010'';
(2) in paragraph (2) by striking ``and 2009'' and
inserting ``2009, and 2010'';
(3) in paragraph (3) by striking ``and 2009'' and
inserting ``2009, and 2010'';
(4) in paragraph (4) by striking ``2009'' and
inserting ``2010''; and
(5) in paragraph (5) by striking ``2009'' and
inserting ``2010''.
(e) Commercial Driver's License Information System
Modernization.--Section 4123(d) of SAFETEA-LU (119 Stat. 1736)
is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(3) by adding at the end the following:
``(5) $8,000,000 for fiscal year 2010.''.
(f) Outreach and Education.--Section 4127(e) of such Act
(119 Stat. 1741) is amended by striking ``and 2009'' and
inserting ``2009, and 2010''.
(g) Grant Program for Commercial Motor Vehicle Operators.--
Section 4134(c) of such Act (119 Stat. 1744) is amended by
striking ``2009'' and inserting ``2010''.
(h) Working Group for Development of Practices and
Procedures to Enhance Federal-State Relations.--Section 4213(d)
of such Act (119 Stat. 1759) is amended by striking ``2009''
and inserting ``2010''.
(i) Office of Intermodalism.--Section 5503(i) of title 49,
United States Code, is amended by striking ``2009'' and
inserting ``2010''.
EXTENSION OF FEDERAL TRANSIT ASSISTANCE PROGRAMS
Sec. 2005. (a) Extension of Transit Assistance Programs.--
Except as otherwise provided in this title, requirements,
authorities, conditions, eligibilities, limitations, and other
provisions authorized under title III of SAFETEA-LU (119 Stat.
1544), the SAFETEA-LU Technical Corrections Act of 2008 (122
Stat. 1572), title III of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2087), title III of the
Transportation Equity Act for the 21st Century (112 Stat. 338),
and chapter 53 of title 49, United States Code, which would
otherwise expire on or cease to apply after September 30, 2009,
or the date specified in section 106(3) of the Continuing
Appropriations Resolution, 2010 (Public Law 111-68), are
incorporated by reference and shall continue in effect through
September 30, 2010.
(b) Authorizations.--For fiscal year 2010--
(1) their shall be available from the Mass Transit
Account of the Highway Trust Fund $8,343,171,000 for
each Federal transit assistance program under section
5338(b) of title 49, United States Code, to be
allocated among such programs in proportion to the
amounts provided for each such program in fiscal year
2009; and
(2) there is authorized to be appropriated
$2,164,581,000 for each Federal transit program under
subsections (c) and (d) of section 5338 of title 49,
United States Code, and for administrative expenses
under subsection (e) of such section.
(c) Exceptions.--
(1) Projects for bus and bus-related facilities and
clean fuels grant program.--The project designations
contained in section 3044 of SAFETEA-LU ( 119 Stat.
1652) shall not apply to funds made available under
subsection (b)(1).
(2) Allocations for national research and technology
programs.--A program, project, or activity identified
in section 3046 of SAFETEA-LU (119 Stat 1706) that the
Secretary of Transportation determines was sufficiently
funded before or during fiscal year 2009 to achieve the
authorized purpose of the program, project, or activity
shalt not be eligible for funds authorized to be
appropriated under subsection (b)(2).
(d) Contract Authority.--A grant or contract approved by
the Secretary and financed with amounts made available from the
Mass Transit Account of the Highway Trust Fund through
September 30, 2010, to carry out sections 5305, 5307, 5308,
5309, 5310, 5311, 5316, 5317, 5320, 5335, 5339 and 5340 of
title 49, United States Code, and section 3038 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 5310
note; 112 Stat. 392) is a contractual obligation of the
Government to pay the Federal share of the cost of the project.
(e) Reconciliation of Funds.--The Secretary shall reduce
the amount apportioned or allocated for a program, project, or
activity continued under this section by any amount apportioned
or allocated for such program, project, or activity pursuant to
the Continuing Appropriation Resolution, 2010 (Public Law 111-
68).
(f) References.--Except as otherwise expressly provided,
any reference in this section to an Act, or a provision
contained in an Act, shall be considered to include the
amendments made by that Act or provision.
BOATING SAFETY EXTENSION
Sec. 2006. Section 4 of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c) is amended--
(1) in subsection (a) by striking ``2009, and the
period from October 1, 2009, through the date specified
in section 106(3) of the first Continuing
Appropriations Resolution for Fiscal Year 2010 enacted
into law,'' and inserting ``2010,''; and
(2) in subsection (b)(1)(A) by striking ``2009 and
the period from October 1, 2009, through the date
specified in section 106(3) of the first Continuing
Appropriations Resolution for Fiscal Year 2010 enacted
into law,'' and inserting ``2010,''.
LEVEL OF OBLIGATION LIMITATIONS
Sec. 2007. (a) Highway Category.--Section 8003(a) of
SAFETEA-LU (119 Stat. 1917) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(3) by adding at the end the following:
``(6) for fiscal year 2010, $42,469,970,178.''.
(b) Mass Transit Category.--Section 8003(b) of SAFETEA-LU
(119 Stat. 1917) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph
(5) and inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) for fiscal year 2010, $10,338,065,000.''.
HAZARDOUS MATERIALS RESEARCH
Sec. 2008. Section 7131(e) of SAFETEA-LU (119 Stat. 1910)
is amended by striking ``2009'' and inserting ``2010''.
EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY FROM TRUST FUNDS
Sec. 2009. (a) Highway Trust Fund.--
(1) Highway account.--Paragraph (1) of section
9503(c) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``September 30, 2009 (October
1, 2009'' and inserting ``September 30, 2010
(October 1, 2010'', and
(B) by striking ``under'' and all that
follows and inserting ``under the Surface
Transportation Extension Act of 2009 or any
other provision of law which was referred to in
this paragraph before the date of the enactment
of such Act (as such Act and provisions of law
are in effect on the date of the enactment of
such Act).''.
(2) Mass transit account.--Paragraph (3) of section
9503(e) of such Code is amended--
(A) by striking ``October 1, 2009'' and
inserting ``October 1, 2010'', and
(B) by striking ``in accordance with'' and
all that follows and inserting ``in accordance
with the Surface Transportation Extension Act
of 2009 or any other provision of law which was
referred to in this paragraph before the date
of the enactment of such Act (as such Act and
provisions of law are in effect on the date of
the enactment of such Act).''.
(3) Exception to limitation on transfers.--
Subparagraph (B) of section 9503(b)(6) of such Code is
amended by striking ``September 30, 2009 (October 1,
2009'' and inserting ``September 30, 2010 (October 1,
2010''.
(b) Sport Fish Restoration and Boating Trust Fund.--
(1) In general.--Paragraph (2) of section 9504(b) of
such Code is amended--
(A) by striking ``(as in effect'' in
subparagraph. (A) and all that follows in such
subparagraph and inserting ``(as in effect on
the date of the enactment of the Surface
Transportation Extension Act of 2009),'',
(B) by striking ``(as in effect'' in
subparagraph (B) and all that follows in such
subparagraph and inserting ``(as in effect on
the date of the enactment of the Surface
Transportation Extension Act of 2009), and'',
and
(C) by striking ``(as in effect'' in
subparagraph (C) and all that follows in such
subparagraph and inserting ``(as in effect on
the date of the enactment of the Surface
Transportation Extension Act of 2009).''.
(2) Exception to limitation on transfers.--Paragraph
(2) of section 9504(d) of such Code is amended by
striking ``October 1, 2009'' and inserting ``October 1,
2010''.
(c) Effective Date.--The amendments made by this section
shall take effect on September 30, 2009.
DETERMINATION OF HIGHWAY TRUST FUND BALANCES
Sec. 2010. (a) Restoration of Certain Foregone Interest to
Highway Trust Fund.--Subsection (f) of section 9503 of the
Internal Revenue Code of 1986 (relating to determination of
trust fund balances after September 30, 1998) is amended--
(1) by striking paragraph (2); and
(2) by adding at the end the following new paragraph:
``(2) Restoration of foregone interest.--Out of money
in the Treasury not otherwise appropriated, there is
hereby appropriated (without fiscal year limitation)--
``(A) $14,700,000,000 to the Highway Account
(as defined in subsection (e)(5)(B)) of the
Highway Trust Fund, and
``(B) $4,800,000,000 to the Mass Transit
Account of the Highway Trust Fund.''.
(b) Repeal of Provision Prohibiting Crediting of Interest
to Highway Trust Fund.--
(1) In general.--Paragraph (1) of section 9503(f) of
such Code is amended by striking subparagraph (B).
(2) Conforming amendments.--Such paragraph, as
amended by paragraph (1), is further amended--
(A) by striking ``, and'' at the end of
subparagraph (A) and inserting a period, and
(B) by striking ``1998'' in the matter
preceding subparagraph (A) and all that follows
through ``the opening balance'' and inserting
``1998, the opening balance''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
REPEAL OF TRANSFERS FROM HIGHWAY TRUST FUND FOR REPAYMENTS AND CREDITS
Sec. 2011. (a) In General.--Subsection (c) of section 9503
of the Internal Revenue Code of 1986 is amended by striking
paragraph (2) and by redesignating paragraphs (3), (4), (5),
and (6) as paragraphs (2), (3), (4), and (5).
(b) Conforming Amendments.--
(1) Section 9502(a) of such Code is amended by
striking ``section 9503(c)(7)'' and inserting ``section
9503(c)(5)''.
(2) Section 9503(b)(4)(D) of such Code is amended by
striking ``paragraph (4)(D) or (5)(B)'' and inserting
``paragraph, (3)(D) or (4)(B)''.
(3) Section 9503(c)(2) of such Code, as redesignated
by subsection (a), is amended by adding at the end the
following sentence: ``The amounts payable from the
Highway Trust Fund under the preceding sentence shall
be determined by taking into account only the portion
of the taxes which are deposited into the Highway Trust
Fund.''.
(4) Section 9503(e)(5)(A) of such Code is amended by
striking ``paragraphs (2), (3), and (4)'' and inserting
``paragraphs (2) and (3)''.
(5) Section 9504(a) of such Code is amended by
striking ``section 9503(c)(4), section 9503(c)(5)'' and
inserting ``section 9503(c)(3), section 9503(c)(4)''.
(6) Section 9504(b)(2) of such Code is amended by
striking ``section 9503(c)(5)'' and inserting ``section
9503(c)(4)''.
(7) Section 9504(e) of such Code is amended by
striking ``section 9503(c)(4)'' and inserting ``section
9503(c)(3)''.
(c) Effective Date.--The amendments made by this section
shall apply to amounts paid, and credits allowed with respect
to fuel used, in calendar quarters beginning after the date of
the enactment of this Act.
FEDERAL SHARE
Sec. 2012. (a) In General.--Notwithstanding any other
provision of law, the Federal share of the cost of a covered
project or activity (or portion of a covered project or
activity) funded with amounts obligated during the period
beginning on the date of enactment of this Act and ending on
September 30, 2010, shall be, at the option of the recipient,
up to 100 percent.
(b) Covered Project or Activity Defined.--
(1) In general.--In this section, the term ``covered
project or activity'' means a project or activity
eligible for assistance under titles I through VI of
SAFETEA-LU (119 Stat. 1144), the SAFETEA-LU Technical
Corrections Act of 2008 (122 Stat. 1572), titles 1
through VI of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1914), titles I
through V of the Transportation Equity Act for the 21st
Century (112 Stat. 107), title 23, United States Code,
chapter 53 of title 49, United States Code, chapter 303
of title 49, United States Code, or part B of subtitle
VI of title 49, United States Code.
(2) Exclusions.--Notwithstanding paragraph (1), the
term does not include a project or activity funded
pursuant to--
(A) section 1301 Or 1302 of SAFETEA-LU (119
Stat. 1198, 1204);
(B) section 5309(d) or 5309(e) of title 49,
United States Code;
(C) the national infrastructure investments
program in the Office of the Secretary of
Transportation; or
(D) section 122 of the Department of
Transportation Appropriations Act, 2010.
(c) References.--Any reference in this section to an Act,
or a provision contained in an Act, shall be considered include
the amendments made by that Act or provision.
BUY AMERICA REQUIREMENTS FOR HIGHWAY AND PUBLIC TRANSPORTATION PROJECTS
Sec. 2013. (a) Highways.--Section 313 of title 23, United
States Code, is amended--
(1) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively;
(2) by inserting after subsection (b) the following:
``(c) Requirements for Issuance of Waivers.--
``(1) Public interest waivers.--The Secretary may
issue a waiver under subsection (b)(1) only after the
Secretary has considered the potential impacts of the
waiver on domestic manufacturing employment.
``(2) Insufficient domestic source waivers.--The
Secretary may issue a waiver under subsection (b)(2)
with respect to a material or product only if the
Secretary publishes notice of the waiver on the
Internet for a period of at least 5 business days prior
to issuance of the waiver and a sufficient domestic
source of the material or product does not identify
itself during the period.
``(d) Transparency of Waivers.--
``(1) In general.--When the Secretary receives a
written request for a waiver under this section, the
Secretary shall--
``(A) publish the request on the Internet
within 5 business days of the date of receipt
of the request; and
``(B) if the Secretary decides to issue a
waiver based on the request, publish on the
Internet, within 30 days following the date of
issuance of the waiver, a detailed written
justification as to why the waiver is
necessary, including an identification of the
amount of Federal funds associated with the
waiver.
``(2) Employment impact statement.--In issuing a
waiver based on a finding under subsection (b)(1), the
Secretary shall include, as part of the Secretary's
written justification for the waiver decision, a
statement detailing the short- and long-term impact of
the decision on domestic manufacturing employment.'';
and
(3) by adding at the end the following:
``(i) Application to Bridge Projects.--In the case of a
bridge project, the requirements of this section apply to all
construction contracts carried out within the scope of the
applicable decision under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and carried out on the bridge
from abutment to abutment (including the abutments) regardless
of the funding source of the contracts if at least one contract
for construction with respect to the bridge is funded with
amounts made available under this title.''.
(b) Public Transportation.--Section 5323(j) of title 49,
United States Code, is amended--
(1) in paragraph (2)(C) in the matter preceding
clause (i) by inserting ``, but excluding a rolling
stock prototype'' after ``equipment'';
(2) by redesignating paragraphs (3) through (9) as
paragraphs (5) through (11), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) Requirements for issuance of waiver.--
``(A) Public interest waivers.--The Secretary
may issue a waiver under paragraph (2)(A) only
after the Secretary has considered the
potential impacts of the waiver on domestic
manufacturing employment.
``(B) Insufficient domestic source waivers.--
The Secretary may issue a waiver under
paragraph (2)(B) with respect to a material or
product only if the Secretary publishes notice
of the waiver on the Internet for a period of
at least 5 business days prior to issuance of
the waiver and a sufficient domestic source of
the material or product does not identify
itself during the period.
``(4) Transparency of waivers.--
``(A) In general.--When the Secretary
receives a written request for a waiver under
this subsection, the Secretary shall--
``(i) publish the request on the
Internet within 5 business days of the
date of receipt of the request; and
``(ii) if the Secretary decides to
issue a waiver based on the request,
publish on the Internet, within 30 days
following the date of issuance of the
waiver, a detailed written
justification as to why the waiver is
necessary, including an identification
of the amount of Federal funds
associated with the waiver.
``(B) Employment impact statement.--In
issuing a waiver based on a finding under
paragraph (2)(A), the Secretary shall include,
as part of the Secretary's written
justification of the waiver decision, a
statement detailing the short- and long-term
impact of the decision on domestic
manufacturing employment.''.
(c) Implementation.--
(1) Final guidance.--Not later than 120 days after
the date of enactment of this Act, the Secretary shall
issue final guidance to carry out the amendments made
by this section.
(2) Effective date.--The requirements of the
amendments made by subsections (a) and (b) shall begin
to apply only after issuance of final guidance by the
Secretary under paragraph (1).
(d) Semiannual Report.--Not later than 6 months after the
date of enactment of this Act, and semiannually thereafter
through September 30, 2011, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
and the Committee on Education and Labor of the House of
Representatives and the Committee on Environment and Public
Works, the Committee on Banking, Housing, and Urban Affairs,
and the Committee on Health, Education, Labor, and Pensions of
the Senate a report on the number of waivers issued by the
Secretary of Transportation under section 313(b) of title 23,
United States Code, and section 5323(j)(2) of title 49, United
States Code, the reasons relied upon for issuing the waivers,
and the amount of Federal funds associated with each waiver and
in total for the period examined.
TITLE III--UNEMPLOYMENT AND OTHER EMERGENCY NEEDS
CHAPTER 1--AGRICULTURE AND RURAL DEVELOPMENT
DEPARTMENT OF AGRICULTURE
General Provision, This Chapter
RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT OF
AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT
Sec. 3101. (a) In General.--To the extent permitted by the
Constitution, and notwithstanding any other period of
limitations, in the case of an eligible complaint alleging
discrimination in violation of the Equal Credit Opportunity Act
(15 U.S.C. 1691) involving a credit program of the Department
of Agriculture, a complainant may, before the end of the filing
period--
(1) file a civil action under subsection (c); or
(2) request administrative review under subsection
(d).
(b) Eligible Complaint.--For purposes of this section, the
term ``eligible complaint'' means any written complaint--
(1) that is not employment related;
(2) that was filed with the Department of Agriculture
after December 31, 1997, and before the earlier of--
(A) 2 years after the date of the alleged
violation of the Equal Credit Opportunity Act;
and
(B) the date of the enactment of this Act;
and
(3) with respect to which the complainant--
(A) was not a party to the consent decree in
the case entitled ``Pigford v. Glickman'',
approved by the United States District Court
for the District of Columbia on April 14, 1999;
and
(B) has not obtained relief from the
Department of Agriculture or a court of
competent jurisdiction.
(c) Civil Action.--A civil action may be filed under this
subsection if, with respect to the eligible complaint, the
complainant--
(1) has not requested administrative review; or
(2) has requested administrative review, and the
Secretary, with respect to each request, has either--
(A) issued a determination; or
(B) failed to issue a determination by a date
that is 180 days after the date such request
was made.
(d) Administrative Review.--Administrative review may be
requested under this subsection as follows:
(1) Determination on the merits.--A complainant may
request a determination on the merits if the
complainant, with respect to the eligible complaint,
has not filed a civil action.
(2) Hearing on the record--A complainant may request
a hearing on the record if the complainant, with
respect to the eligible complaint--
(A) has not filed a civil action;
(B) has requested a determination on the
merits, and the Secretary has not issued such
determination by the issuance deadline in
subsection (f)(2)(A); and
(C) requests such hearing no later than 180
days after the issuance deadline in subsection
(f)(2)(A).
(e) Informal Resolution.--Notwithstanding any other
provision of this section, the Secretary may informally resolve
an eligible complaint with a complainant.
(f) Special Rules for Administrative Review.--For purposes
of this section:
(1) Requests for administrative review.--A request
for administrative review shall be--
(A) in writing; and
(B) filed in accordance with procedures
established by the Secretary.
(2) Responsibility of secretary.--If a complainant
requests a determination, on the merits under
subsection (d)(1), then, unless a complainant, with
respect to the eligible complaint, files a civil action
or requests a hearing on the record, the Secretary
shall, with respect to the eligible complaint, take the
following actions:
(A) Issuance of determination.--The Secretary
shall, not later than an issuance deadline that
is 1 year after the date on which the
complainant requests a determination on the
merits--
(i) investigate the eligible
complaint; and
(ii) issue a written determination.
(B) Notice of failure to issue timely
determination.--If the Secretary does not issue
a written determination by the issuance
deadline in subparagraph (A), the Secretary
shall promptly issue to the Complainant, in
writing and by registered mail, notice--
(i) that the Secretary has not issued
a timely determination; and
(ii) of the period of time during
which the complainant may bring a civil
action or request a hearing on the
record.
(3) Finality of determination with respect to hearing
on the record.--A determination with respect to a
hearing on the record shall be final.
(4) Judicial review of administrative
determination.--A determination on the merits or a
determination with respect to a hearing on the record
shall be subject to de novo review.
(g) Filing Period.--
(1) In general.--For purposes of this section, the
term ``filing period'' means the 2-year period
beginning on the date of enactment of this Act.
(2) Tolling.--The running of the filing period in
paragraph (1), for the purpose of filing a civil action
under subsection (c) or requesting a hearing on the
record under subsection (d)(2), shall be tolled for the
period that, with respect to the eligible complaint--
(A) begins on the date of a request for a
determination on the merits; and
(B) ends on the date on which the Secretary
issues a determination with respect to a
determination on the merits or a hearing on the
record.
(h) Relief.--
(1) Amount.--Subject to paragraph (2), a complainant
shall, under subsection (a), and may, under subsection
(e), be awarded such relief as the complainant would be
afforded under the Equal Credit Opportunity Act,
including--
(A) actual damages;
(B) the costs of the action, together with a
reasonable attorney's fee; and
(C) debt relief; including--
(i) write-downs or write-offs of the
principal on a loan;
(ii) write-downs or write-offs of the
interest on a loan;
(iii) reduction of the interest rate
on a loan;
(iv) waiver or reduction of penalties
with respect to a loan; or
(v) other modification of the terms
of a loan.
(2) Limitations on relief.--
(A) In general.--The total amount awarded
under this section for all claims shall not
exceed $100,000,000.
(B) Actual damages, costs, and attorney's
fees.--The sum of the total amount awarded
under paragraph (1)(A) for all claims, plus the
total amount awarded under paragraph (1)(B) for
all claims, shall not exceed $40,000,000.
(C) Debt relief.--The total amount awarded
under paragraph (1)(C) for all claims shall not
exceed $60,000,000.
(3) Exemption from taxation--Any award under clauses
(ii), (iii), or (iv) of subparagraph (C) of paragraph
(1) shall not be included in gross income for purposes
of chapter 1 of the Internal Revenue Code of 1986.
(i) Funding.--
(1) There is hereby appropriated to the Secretary,
for relief awarded under subsection (h)(1),
$100,000,000, to remain available until expended.
(2) Of the funds derived from interest on the cushion
of credit payments including funds in the current
fiscal year, as authorized by section 313 of the Rural
Electrification Act of 1936, an additional $100,000,000
shall not be obligated and an additional $100,000,000
are rescinded.
(j) Secretary.--For purposes of this section, the term
``Secretary'' means the Secretary of Agriculture.
CHAPTER 2--FINANCIAL SERVICES AND GENERAL GOVERNMENT
Small Business Administration
BUSINESS LOANS PROGRAM ACCOUNT
For an additional amount for ``Business Loans Program
Account'' for fee reductions and eliminations under section 501
of division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5) and for the cost of guaranteed loans
under section 502 of such division, $354,000,000: Provided,
That such cost shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
authority to guarantee loans under section 502 of division A of
the American Recovery and Reinvestment Act of 2009 shall remain
in effect through September 30, 2010, notwithstanding
subsection (f) of such section.
General Provision, This Chapter
RESCISSIONS
Sec. 3201. The following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
(1) ``National Telecommunications and Information
Administration--Digital-to-Analog Converter Box
Program'' in the Department of Commerce, $111,000,000.
(2) ``Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC)'' of the Department
of Agriculture, $243,000,000, to be derived from
unobligated balances available from amounts placed in
reserve in title I of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-
5; 123 Stat. 115).
CHAPTER 3--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION
General Provisions, This Chapter
ASSISTANCE FOR UNEMPLOYED WORKERS AND STRUGGLING FAMILIES
Sec. 3301. (a)(1) Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended--
(A) by striking ``December 31, 2009'' each place it
appears and inserting ``June 30, 2010'';
(B) in the heading for subsection (b)(2), by striking
``December 31, 2009'' and inserting ``June 30, 2010'';
and
(C) in subsection (b)(3), by striking ``May 31,
2010'' and inserting ``November 30, 2010''.
(2) Section 2002(e) of the Assistance for Unemployed
Workers and Struggling Families Act, as contained in Public Law
111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended--
(A) in paragraph (1)(B), by striking ``January 1,
2010'' and inserting ``July 1, 2010'';
(B) in the heading for paragraph (2), by striking
``January 1, 2010'' and inserting ``July 1, 2010''; and
(C) in paragraph (3), by striking ``June 30, 2010''
and inserting ``December 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 ``July 1, 2010''; and
(B) in subsection (c), by striking ``June 1, 2010''
and inserting ``December 1, 2010''.
(4) Section 5 of the Unemployment Compensation Extension
Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is
amended by striking ``May 30, 2010'' and inserting ``November
30, 2010''.
(b) Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended
by striking ``by reason of'' and all that follows and inserting
the following: ``by reason of--
``(A) the amendments made by section 2001(a) of the
Assistance for Unemployed Workers and Struggling
Families Act;
``(B) the amendments made by sections 2 through 4 of
the Worker, Homeownership, and Business Assistance Act
of 2009; and
``(C) the amendments made by section 3301(a)(1) of
the Jobs for Main Street Act, 2010; and''.
EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS
Sec. 3302. (a) Extension of Eligibility Period.--Subsection
(a)(3)(A) of section 3001 of division B of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) is
amended by striking ``December 31, 2009'' and inserting ``June
30, 2010''.
(b) Extension of Maximum Duration of Assistance.--
Subsection (a)(2)(A)(ii)(I) of such section is amended by
striking ``9 months'' and inserting ``15 months''.
(c) Rules Related to 2009 Extension.--Subsection (a) of
such section is further amended by adding at the end the
following:
``(16) Rules related to 2009 extension.--
``(A) Election to pay premiums retroactively
and maintain cobra coverage.--In the case of
any premium for a period of coverage during an
assistance eligible individual's transition
period, such individual shall be treated for
purposes of any COBRA continuation provision as
having timely paid the amount of such premium
if--
``(i) such individual was covered
under the COBRA continuation coverage
to which such premium relates for the
period of coverage immediately
preceding such transition period, and
``(ii) such individual pays, not
later than 60 days after the date of
the enactment of this paragraph (or, if
later, 30 days after the date of
provision of the notification required
under subparagraph (D)(ii)), the amount
of such premium, after the application
of paragraph (1)(A).
``(B) Refunds and credits for retroactive
premium assistance eligibility.--In the case of
an assistance eligible individual who pays,
with respect to any period of COBRA
continuation coverage during such individual's
transition period, the premium amount for such
coverage without regard to paragraph (1)(A),
rules similar to the rules of paragraph (12)(E)
shall apply.
``(C) Transition period.--
``(i) In general.--For purposes of
this paragraph, the term `transition
period' means, with respect to any
assistance eligible individual, any
period of coverage if--
``(I) such period begins
before the date of the
enactment of this paragraph,
and
``(II) paragraph (1)(A)
applies to such period by
reason of the amendment made by
section 3302(b) of the Jobs for
Main Street Act, 2010.
``(ii) Construction.--Any period
during the period described in
subclauses (I) and (II) of clause (i)
for which the applicable premium has
been paid pursuant to subparagraph (A)
shall be treated as a period of
coverage referred to in such paragraph,
irrespective of any failure to timely
pay the applicable premium (other than
pursuant to subparagraph (A)) for such
period.
``(D) Notification.--
``(i) In general.--In the case of an
individual who was an assistance
eligible individual at any time on or
after October 31, 2009, or experiences
a qualifying event (consisting of a
reduction of hours or termination of
employment) relating to COBRA
continuation coverage on or after such
date, the administrator of the group
health plan (or other entity) involved
shall provide an additional
notification with information regarding
the amendments made by the Jobs for
Main Street Act, 2010 within 60 days
after the date of the enactment of such
Act or, in the case of a qualifying
event occurring after such date of
enactment, consistent with the timing
of notifications under paragraph
(7)(A).
``(ii) To individuals who lost
assistance.--In the case of an
assistance eligible individual
described in subparagraph (A)(i) who
did not timely pay the premium for any
period of coverage during such
individual's transition period or paid
the premium for such period without
regard to paragraph (1)(A), the
administrator of the group health plan
(or other entity) involved shall
provide to such individual, within the
first 60 days of such individual's
transition period, an additional
notification with information regarding
the amendments made by the Jobs for
Main Street Act, 2010, including
information on the ability under
subparagraph (A) to make retroactive
premium payments with respect to the
transition period of the individual in
order to maintain COBRA continuation
coverage.
``(iii) Application of rules.--Rules
similar to the rules of paragraph (7)
shall apply with respect to
notifications under this
subparagraph.''.
(d) Clarifications relating to Section 3001 of ARRA.--
(1) Clarification that eligibility and notice is
based on timing of qualifying event.--Subsection (a) of
such section is amended--
(A) in paragraph (3)(A)--
(i) by striking ``at any time'' and
inserting ``such qualified beneficiary
is eligible for COBRA continuation
coverage related to a qualifying event
occurring''; and
(ii) by striking ``, such qualified
beneficiary is eligible for COBRA
continuation coverage''; and
(B) in paragraph (7)(A), by striking ``become
entitled to elect COBRA continuation coverage
and inserting ``have a qualifying event
relating to COBRA continuation coverage''.
(2) Clarification regarding retiree coverage.--
Subsection (a)(2)(A)(i) of such section is amended by
inserting ``coverage under a retiree health plan,''
after ``other than''.
(3) Clarification regarding cobra continuation
resulting from reductions in hours.--Subsection (a) of
such section is further amended--
(A) in paragraph (3)(C), by inserting before
the period at the end the following: ``or
consists of a reduction of hours followed by
such an involuntary termination of employment
during such period''; and
(B) by adding at the end the following:
``(17) Special rules in case of individuals losing
coverage because of a reduction of hours.--
``(A) New election period.--
``(i) In general.--For the
purposes of the COBRA
continuation provisions, in the
case of an individual described
in subparagraph (C) who did not
make (or who made and
discontinued) an election of
COBRA continuation coverage on
the basis of the reduction of
hours of employment, the
involuntary termination of
employment of such individual
after the date of the enactment
of the Jobs for Main Street
Act, 2010, shall be treated as
a qualifying event.
``(ii) Counting cobra
duration period from previous
qualifying event.--In any case
of an individual referred to in
clause (i), the period of such
individual's continuation
coverage shall be determined as
though the qualifying event
were the reduction of hours of
employment.
``(iii) Construction.--Nothing in
this paragraph shall he construed as
requiring an individual referred to in
clause (i) to make a payment for COBRA
continuation coverage between the
reduction of hours and the involuntary
termination of employment.
``(iv) Preexisting conditions.--With
respect to an individual referred to in
clause (i) who elects COBRA
continuation coverage pursuant to such
clause, rules similar to the rules in
paragraph (4)(C) shall apply.
``(B) Notices.--In the case of an individual
described in subparagraph (C), the
administrator of the group health plan (or
other entity) involved shall provide, during
the 60-day period beginning on the date of such
individual's termination of employment, an
additional notification described in paragraph
(7)(A), including information on the provisions
of this paragraph. Rules similar to the rules
of paragraph (7) shall apply with respect to
such notification.
``(C) Individuals described.--Individuals
described in this subparagraph are individuals
who are assistance eligible individuals on the
basis of a qualifying event consisting of a
reduction of hours occurring during the period
described in paragraph (3)(A) followed by an
involuntary termination of employment insofar
as such termination of employment occurred
after the date of the enactment of the Jobs for
Main Street Act, 2010.''.
(4) Clarification of period of assistance.--
Subsection (a)(2)(A)(ii)(I) of such section is amended
by striking ``of the first month''.
(5) Enforcement.--Subsection (a)(5) of such section
is amended by adding at the end the following: ``In
addition to civil actions that may be brought to
enforce applicable provisions of such Act or other
laws, the appropriate Secretary or an affected
individual may bring a civil action to enforce such
determinations and for appropriate relief. In addition,
such Secretary may assess a penalty against a plan
sponsor or health insurance issuer of not more than
$110 per day for each failure to comply with such
determination of such Secretary after 10 days after the
date of the plan sponsor's or issuer's receipt of the
determination.''.
(6) Amendments relating to section 3001 of arra.--
(A) Subsection (g) of section 35 of the
Internal Revenue Code of 1986 is amended by
striking ``section 3002(a) of the Health
Insurance Assistance for the Unemployed Act of
2009'' and inserting ``section 3001(a) of title
III of division B of the American Recovery and
Reinvestment Act of 2009''.
(B) Section 139C of such Code is amended by
striking ``section 3002 of the Health Insurance
Assistance for the Unemployed Act of 2009'' and
inserting ``section 3001 of title III of
division B of the American Recovery and
Reinvestment Act of 2009''.
(C) Section 6432 of such Code is amended--
(i) in subsection (a), by striking
``section 3002(a) of the Health
Insurance Assistance for the Unemployed
Act of 2009'' and inserting ``section
3001(a) of title III of division B of
the American Recovery and Reinvestment
Act of' 2009'';
(ii) in subsection (c)(3), by
striking ``section 3002(a)(1)(A) of
such Act'' in subsection (c)(3) and
inserting ``section 3001(a)(1)(A) of
title III of division B of the American
Recovery and Reinvestment Act of
2009''; and
(iii) by redesignating subsections
(e) and (f) as subsections (f) and (g),
respectively, and inserting after
subsection (d) the following new
subsection:.
``(e) Employer Determination of Qualifying Event as
Involuntary Termination.--For purposes of this section, in any
case in which--
``(1) based on a reasonable interpretation of section
3001(a)(3)(C) of division B of the American Recovery
and Reinvestment Act of 2009 and administrative
guidance thereunder, an employer determines that the
qualifying event with respect to COBRA continuation
coverage for an individual was involuntary termination
of a covered employee's employment, and
``(2) the employer maintains supporting documentation
of the determination, including an attestation by the
employer of involuntary termination with respect to the
covered employee,
the qualifying event for the individual shall be deemed to be
involuntary termination of the covered employee's
employment.''.
(D) Subsection (a) of section 6720C of such
Code is amended by striking ``section
3002(a)(2)(C) of the Health Insurance
Assistance for the Unemployed Act of 2009'' and
inserting ``section 3001(a)(2)(C) of title III
of division B of the American Recovery and
Reinvestment Act of 2009''.
(e) Effective Date.--The amendments made by this section
shall take effect as if included in the provisions of section
3001 of division B of the American Recovery and Reinvestment
Act of 2009 to which they relate, except that--
(1) the amendments made by subsections (d)(2) and
(d)(3) shall apply to periods of coverage beginning
after the date of the enactment of this Act; and
(2) the amendment made by subsection (d)(5) shall
take effect on the date of the enactment of this Act.
EXTENSION OF RECOVERY ACT INCREASE IN FMAP
Sec. 3303. Section 5001 of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) is amended--
(1) in subsection (a)(3), by striking ``first
calendar quarter'' and inserting ``first 3 calendar
quarters'';
(2) in subsection (b)(2), by inserting before the
period at the end the following: ``and such paragraph
shall not apply to calendar quarters beginning on or
after October 1, 2010'';
(3) in subsection (c)(4)(C)(ii), by striking
``December 2009'' and ``January 2010'' and inserting
``June 2010'' and ``July 2010'', respectively;
(4) in subsection (d), by inserting ``ending before
October 1, 2010'' after ``entire fiscal years'' and
after ``with respect to fiscal years'';
(5) in subsection (g)(1), by striking ``September 30,
2011'' and inserting ``March 31, 2012''; and
(6) in subsection (h)(3), by striking ``December 31,
2010'' and inserting ``June 30, 2011''.
REPEAL OF EARNED INCOME THRESHOLD FOR DETERMINING REFUNDABLE PORTION OF
CHILD TAX CREDIT
Sec. 3304. (a) In General.--Clause (i) of section
24(d)(1)(B) of the Internal Revenue Code of 1986 is amended to
read as follows:
``(i) 15 percent of the taxpayer's
earned income (within the meaning of
section 32) which is taken into account
in computing taxable income, or''.
(b) Conforming Amendments.--Subsection (d) of section 24 of
such Code is amended--
(1) by striking paragraph (3), and
(2) by striking paragraph (4).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31, 2009.
(d) Application of EGTRRA Sunset.--The amendments made by
subsection (a) and (b)(1) shall be subject to title IX of the
Economic Growth and Tax Relief Reconciliation Act of 2001 in
the same manner as the provision of such Act to which such
amendment relates.
HHS POVERTY GUIDELINES
Sec. 3305. Notwithstanding section 673(2) of the Omnibus
Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)) or any
other provision of law, the poverty line for 2010 issued by the
Secretary of Health and Human Services under such section
673(2) shall be not lower than the poverty line so issued on
January 23, 2009 (74 Fed. Reg. 14). This section shall have no
effect on such Secretary's revision of the poverty line for
2011.
REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL PROGRAMS AND
FEDERALLY ASSISTED PROGRAMS
Sec. 3306. (a) In General.--Subchapter A of chapter 65 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new section:
``SEC. 6409. REFUNDS DISREGARDED IN THE ADMINISTRATION OF FEDERAL
PROGRAMS AND FEDERALLY ASSISTED PROGRAMS.
``(a) In General.--Notwithstanding any other provision of
law, any refund (or advance payment with respect to a
refundable credit) made to any individual under this title
shall not be taken into account as income, and shall not be
taken into account as resources for the month of receipt and
the following 11 months, for purposes of determining the
eligibility of such individual (or any other individual) for
benefits or assistance (the amount or extent of benefits or
assistance) under any Federal program or under any State or
local program financed in whole or in part with Federal funds.
``(b) Termination.--Subsection (a) shall not apply to any
amount received after December 31, 2010.''.
(b) Clerical Amendment.--The table of sections for such
subchapter is amended by adding at the end the following new
item:
``Sec. 6109. Refunds disregarded in the administration of Federal
programs and Federally assisted programs.''.
(c) Effective Date.--The amendment made by this section
shall apply to amounts received after December 31, 2009.
PERMANENT EXTENSION OF FEE WITHHOLDING PROCEDURES TO TITLE XVI AND TO
QUALIFIED NON-ATTORNEY REPRESENTATIVES
Sec. 3307. (a) Permanent Extension of Attorney Fee
Withholding Procedures to Title XVI.--
(1) In general.--Section 302 of the Social Security
Protection Act of 2004 (Public Law 108-203; 118 Stat.
519) is amended--
(A) in the section heading, by striking
``TEMPORARY''; and
(B) in subsection (c), by striking
``Effective Date.--'' and all that follows
through ``The amendments'' and inserting
``Effective Date.--The amendments'', and by
striking paragraph (2).
(2) Clerical amendment.--The item relating to section
302 in the table of contents in section 1(b) of such
Act is amended by striking ``Temporary extension'' and
inserting ``Extension''.
(b) Permanent Extension of Fee Withholding Procedures to
Qualified Non-Attorney Representatives.--
(1) In general.--Section 206 of the Social Security
Act (42 U.S.C. 406) is amended by adding at the end the
following new subsection:
``(e)(1) The Commissioner shall provide for the extension
of the fee withholding procedures and assessment procedures
that apply under the preceding provisions of this section to
agents and other persons, other than attorneys, who represent
claimants under this title before the Commissioner.
``(2) Fee-withholding procedures may be extended under
paragraph (1) to any nonattorney representative only if such
representative meets at least the following prerequisites:
``(A) The representative has been awarded a
bachelor's degree from an accredited institution of
higher education, or has been determined by the
Commissioner to have equivalent qualifications derived
from training and work experience.
``(B) The representative has passed an examination,
written and administered by the Commissioner, which
tests knowledge of the relevant provisions of this Act
and the most recent developments in agency and court
decisions affecting this title and title XVI.
``(C) The representative has secured professional
liability insurance, or equivalent insurance, which the
Commissioner has determined to be adequate to protect
claimants in the event of malpractice by the
representative.
``(D) The representative has undergone a criminal
background check to ensure the representative's fitness
to practice before the Commissioner.
``(E) The representative demonstrates ongoing
completion of qualified courses of continuing
education, including education regarding ethics and
professional conduct, which are designed to enhance
professional knowledge in matters related to
entitlement to, or eligibility for, benefits based on
disability under this title and title XVI. Such
continuing education, and the instructors providing
such education, shall meet such standards as the
Commissioner may prescribe.
``(3)(A) The Commissioner may assess representatives
reasonable fees to cover the cost to the Social Security
Administration of administering the prerequisites described in
paragraph (2).
``(B) Fees collected under subparagraph (A) shall be
credited to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, or
deposited as miscellaneous receipts in the general fund of the
Treasury, based on such allocations as the Commissioner
determines appropriate.
``(C) The fees authorized under this paragraph shall be
collected and available for obligation only to the extent and
in the amount provided in advance in appropriations Acts.
Amounts so appropriated are authorized to remain available
until expended for administering the prerequisites described in
paragraph (2).''.
(2) Conforming amendments.--
(A) Section 1631(d)(2)(A) of such Act (42
U.S.C. 1383(d)(2)(A)) is amended--
(i) in clause (iv), by striking
``and'' at the end;
(ii) in clause (v), by striking the
period at the end and inserting ``;
and''; and
(iii) by adding at the end the
following new clause:
``(vi) by substituting, in subsection
(e)(1)--
``(I) `subparagraphs (B) and
(C) of section 1631(d)(2)' for
`the preceding provisions of
this section'; and
``(II) `title XVI' for `this
title'.''.
(B) Section 303(e)(2) of the Social Security
Protection Act of 2004 (Public Law 108-203; 118
Stat. 523) is amended by striking ``and final
report'' in the heading and by striking the
last sentence.
(3) Effective date.--The Commissioner of Social
Security shall provide for full implementation of the
provisions of section 206(e) of the Social Security Act
(as added by paragraph (1)) and the amendments made by
paragraph (2) not later than March 1, 2010.
CHAPTER 4--GENERAL PROVISIONS, THIS TITLE
EMERGENCY DESIGNATIONS
Sec. 3401. (a) In general.--Each amount in this title is
designated as an emergency requirement 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.
(b) PAYGO.--All applicable provisions in this title are
designated as an emergency for purposes of pay-as-you-go
principles.
TITLE IV--GENERAL PROVISIONS, THIS ACT
PERIOD OF AVAILABILITY
Sec. 4001. No part of any appropriation contained in this
Act shall remain available for obligation, beyond September 30,
2010, unless expressly so provided herein.
BUY AMERICA
Sec. 4002. All funds provided under this Act shall be
subject to the requirements of section 1605 of division A of
the American Recovery and Reinvestment Act of 2009 (Public Law
111-5).
This Act may be cited as the ``Jobs for Main Street Act,
2010''.