Department of Defense Appropriations Act, 2010

(This measure has not been amended since it was passed by the House on December 16, 2009. The summary of that version is repeated here.)

Department of Defense Appropriations Act, 2010 - Division A: Department of Defense Appropriations - Title I: Military Personnel - Appropriates funds for FY2010 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY2010 for operation and maintenance (O&M) for the military departments, the defense agencies, the reserve components, and the Army and Air National Guard. Appropriates funds for: (1) the United States Court of Appeals for the Armed Forces; (2) environmental restoration for the military departments, the Department of Defense (DOD), and at formerly used defense sites; (3) overseas humanitarian, disaster, and civic aid; (4) former Soviet Union threat reduction; and (5) the Department of Defense Acquisition Workforce Development Fund.

Title III: Procurement - Appropriates funds for FY2010 for procurement by the Armed Forces of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for: (1) defense-wide procurement; and (2) certain procurements under the Defense Production Act of 1950.

Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY2010 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for: (1) the Defense Working Capital Funds; and (2) programs under the National Defense Sealift Fund.

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) the Defense Health Program; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; (4) the Joint Improvised Explosive Device Defeat Fund; and (5) the Office of the Inspector General.

Title VII: Related Agencies - Appropriates funds for the: (1) Central Intelligence Agency Retirement and Disability System Fund; and (2) Intelligence Community Management Account.

Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of authorized funds.

(Sec. 8007) Requires a report from DOD to the defense committees to establish the baseline for application of FY2010 reprogramming and transfer authorities.

(Sec. 8011) Allows for the use of procurement funds for a multiyear contract for F-18 aircraft variants.

(Sec. 8013) Prohibits, during FY2010, the management by end strengths of DOD civilian personnel.

(Sec. 8024) Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.

(Sec. 8026) Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2010 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY2010 funds. Reduces, by $125.2 million, the total amount appropriated in this Act for FFRDCs.

(Sec. 8027) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.

(Sec. 8030) Requires the Secretary of Defense (Secretary) to report to Congress on the amount of DOD purchases from foreign entities in FY2010.

(Sec. 8032) Authorizes the Secretary of the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, and Minnesota relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Elllsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.

(Sec. 8038) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices; (3) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.

(Sec. 8042) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 8047) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.

(Sec. 8051) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless Congress is given 15 days' advance notice.

(Sec. 8055) Treats service as a member of the Alaska Territorial Guard during World War II for any individual honorably discharged therefrom as active service in the computation of military retired pay.

(Sec. 8059) Prohibits funds from being used to approve or license the sale of the F-22 advanced tactical fighter to any foreign government.

(Sec. 8060) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.

(Sec. 8061) Prohibits the use of appropriated funds to support a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).

(Sec. 8067) Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8068) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.

(Sec. 8069) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.

(Sec. 8074) Appropriates funds to DOD for construction and furnishing of additional Fisher Houses for use by family members confronted with the illness or hospitalization of a military beneficiary.

(Sec. 8075) Earmarks specified RDT&E funds for the Israeli Cooperative Programs (missile defense).

(Sec. 8076) Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.

(Sec. 8081) Appropriates funds for assistance to public schools that have unusually high concentrations of special needs military dependents enrolled.

(Sec. 8082) Appropriates funds to facilitate access by veterans to opportunities for skilled employment in the construction industry.

(Sec. 8083) Requires the FY2011 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.

(Sec. 8084) Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8085) Appropriates funds to DOD for 16 specified grants by the Secretary.

(Sec. 8087) Prohibits the availability of funds for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.

(Sec. 8088) Requires reserve members called or ordered to active duty in time of national emergency to be notified in writing of their expected mobilization period. Allows the Secretary to waive such requirement in order to respond to a national security emergency or to meet dire operational requirements.

(Sec. 8094) Earmarks specified Navy O&M funds for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and the payment of incremental and personnel costs of training and exercising with foreign security forces.

(Sec. 8097) Reduces the total amount appropriated in titles II through V by specified amounts, to reflect savings from revised economic assumptions.

(Sec. 8099) Directs the Secretary to create a major force program category for space for DOD's Future Years Defense Program.

(Sec. 8102) Requires the Secretary to maintain on the home page of the DOD Internet website a direct link to the website of the DOD Office of Inspector General.

(Sec. 8103) Requires the Office of the Director of National Intelligence (DNI) to report to the intelligence committees to establish the baseline for application of reprogramming and transfer authorities for FY2010. Prohibits funds provided for the National Intelligence Program from being available for reprogramming or transfer until the report is submitted, unless the DNI certifies to such committees that the reprogramming or transfer is necessary as an emergency requirement.

(Sec. 8104) Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.

(Sec. 8106) Requires DOD to continue to report incremental contingency operations costs for Operations Iraqi Freedom and Enduring Freedom on a monthly basis.

(Sec. 8107) Reduces by $400 million the amount appropriated in title II, to reflect excess cash balances in DOD Working Capital Funds.

(Sec. 8108) Makes funds available to the military department Secretaries to provide special pay during FY2010 to members, including reserve personnel, who serve on active duty while the member's enlistment or period of obligated service is extended, or whose eligibility for retirement is suspended, under the President's "stop-loss" authority (the authority to suspend such enlistment or period of service or suspend such retirement in time of war or national emergency). Makes such special pay $500 per month.

(Sec. 8109) Authorizes the transfer of specified military department O&M funds to a central fund established for Fisher Houses and Suites.

(Sec. 8110) Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities.

(Sec. 8111) Makes O&M funds available for remittances to the Defense Acquisition Workforce Development Fund.

(Sec. 8112) Earmarks specified drug interdiction and counter-drug activities funds for high-priority National Guard counterdrug programs.

(Sec. 8113) States that the United States, acting through Congress: (1) recognizes that there have been years of official depredations, ill-conceived policies, and the breaking of covenants by the federal government regarding Indian tribes; (2) apologizes on behalf of the people of the United States to all Native Peoples for the many instances of violence, maltreatment, and neglect inflicted upon them by U.S. citizens; (3) urges the President to acknowledge such wrongs; and (4) commends state governments that have begun reconciliation efforts and encourages all state governments to work toward reconciling their relationships with Indian tribes within their boundaries. States that nothing in this section authorizes or supports any claim, or serves as a settlement of a claim, against the United States.

(Sec. 8114) Requires any agency receiving funds appropriated under this Act to post on its public website any report required to be submitted to Congress in this or any other Act, upon the determination by such agency head that it shall serve the national interest. Provides exceptions when posting the report would compromise national security or for reports containing proprietary information.

(Sec. 8115) Expresses 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 nuclear treaty verification and related threat reduction technologies; and (2) the Administrator for Nuclear Security should expand the mission of the Nevada Test Site to carry out such roles. Requires a report from such Administrator describing a plan for improving the Nevada Test Site and others in order to fulfill and expand its mission as required.

(Sec. 8116) Provides specific limitations on the use of this Act's funds for any federal contract in excess of $1 million awarded more than 60 days after the effective date of this Act.

(Sec. 8117) Provides specific limitations on the use of funds from this Act and certain previous appropriations Acts to begin or announce a competition to award to a contractor, or convert to contractor performance, any functions performed by federal employees pursuant to a study conducted under Office of Management and Budget (OMB) Circular A-76. Provides an exception.

(Sec. 8118) Prohibits the use of National Intelligence Program funds from this Act for a mission critical or mission essential business management information technology system not registered with the DNI. Requires the Director of the Business Transformation Office to report semiannually to the defense committees on the results of the Business Transformation Investment Review Board's activities, including certification of compliance with specified procedures prior to a system's approval.

(Sec. 8119) Appropriates funds to the Tanker Replacement Transfer Fund for a tanker acquisition program. Requires reports from the Secretary of the Air Force to the defense committees on the use of funds transferred for such purpose.

(Sec. 8121) Requires each congressionally-directed spending item in this Act or its accompanying report that is intended for award to a for-profit entity to 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. Provides exceptions.

(Sec. 8122) Prohibits the use of appropriated funds: (1) to award to a contractor or convert to contractor performance any functions pursuant to an OMB Circular A-76 study or as part of a utility privatization currently performed by employees at the U.S. Military Academy; or (2) for distribution to the Association for Community Organizations for Reform Now (ACORN) or its subsidiaries.

Title IX: Overseas Contingency Operations - Appropriates funds for FY2010 for overseas deployments and other activities of DOD, specifically for: (1) military personnel; (2) O&M; (3) the Overseas Contingency Operations Transfer Fund; (4) the Afghanistan Security Forces Fund; (5) procurement, including National Guard and Reserve equipment; (6) the Mine Resistant Ambush Protected Vehicle Fund; (7) RDT&E; (8) Defense Working Capital Funds; (9) the Defense Health Program; (10) drug interdiction and counter-drug activities; (11) the Joint Improvised Explosive Device Defeat Fund; and (12) the Office of the Inspector General.

(Sec. 9002) Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year, with the exception of the Overseas Contingency Operations Transfer Fund. Requires prompt congressional notification of each transfer.

(Sec. 9004) Authorizes the Secretary to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in Iraq and Afghanistan, with a limit of $75,000 per passenger vehicle and $250,000 per each heavy or light armored vehicle.

(Sec. 9005) Authorizes the use of specified funds to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction assistance in Iraq and Afghanistan).

(Sec. 9006) Allows funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan. Requires quarterly reports from the Secretary to the defense committees regarding such support.

(Sec. 9008) Prohibits any funds from being obligated or expended: (1) to establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq or Afghanistan; or (2) to exercise U.S. control over any oil resource of Iraq.

(Sec. 9009) Prohibits funds from being used in contravention of specified laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

(Sec. 9010) Requires the Director of the Office of Management and Budget (OMB) to report quarterly to the defense committees on the proposed use of all funds appropriated to the Iraq Security Forces Fund, Afghanistan Security Forces Fund, and Pakistan Counterinsurgency Fund. Directs the Secretary to notify such committees of any new projects or transfers of funds in excess of $20 million using funds appropriated to any of such Funds.

(Sec. 9011) Prohibits any funds from being used to release an individual detained as of June 24, 2009, at Naval Station Guantanamo Bay, Cuba, into the continental United States, Alaska, Hawaii, the District of Columbia, or Guam, American Samoa, the U.S. Virgin Islands, or the Commonwealths of Puerto Rico or the Northern Mariana Islands.

Prohibits any funds from being used to transfer such an individual into the United States and its territories and possessions for purposes of detention or legal proceedings until 45 days after the President submits to Congress a classified plan for the disposition of each such individual. Requires such plan to include, among other things, a determination of the individual's risk to national security and a plan for mitigating such risk.

Prohibits any funds from being used to transfer or release any such individual to the country of the individual's nationality or last residence or to another country, unless the President submits to Congress, at least 15 days in advance, specified information identifying the individual, assessing the risk to national security posed by the transfer or release, and describing any agreement reached with such a country for the acceptance of the individual. Directs the President, prior to termination of detention operations at Guantanamo Bay, to report to Congress describing the disposition or legal status of each individual detained as of the date of enactment of this Act.

(Sec. 9012) Earmarks specified overseas contingency operations funds for outreach and reintegration services under the Yellow Ribbon Reintegration Program (authorized under the National Defense Authorization Act for Fiscal Year 2008).

Division B: Other Matters - (Sec. 1001) Appropriates funds for carrying out the Food and Nutrition Act of 2008, including administration of the Supplemental Nutrition Assistance Program (SNAP). Provides for the allocation and reallocation of state funding under such program. Designates such appropriations as emergency requirements under the FY2010 concurrent budget resolution.

(Sec. 1003) Amends federal copyright law and the Communications Act of 1934 to extend until February 28, 2010, provisions permitting satellite television providers to retransmit certain network programming to subscribers.

(Sec. 1004) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through February 28, 2010, the "library provision," the "roving wiretaps provision," and the "lone wolf provision."

(Sec. 1005) Amends the Continuing Appropriations Resolution, 2010 to continue through February 28, 2010, the authority of the Administrator of the Federal Emergency Management Agency (FEMA) to issue notes or other obligations to carry out the National Flood Insurance Program.

(Sec. 1006) Appropriates funds for the Small Business Administration (SBA) for the the Business Loan Program Account for loan fee reductions and the cost of guaranteed loans authorized under the American Recovery and Reinvestment Act of 2009. Extends through February 28, 2010, the authority for such fee reductions and loans. Designates such appropriations as emergency requirements.

(Sec. 1007) Authorizes the Secretary of the Interior to make a payment to Swain County, North Carolina, in connection with the non-construction of the North Shore Road. Rescinds specified funds appropriated for such road construction in the Department of Transportation and Related Agencies Appropriations Act, 2001.

(Sec. 1008) Extends through February 28, 2010, highway and surface transportation programs and related authorized expenditures from the Highway Trust Fund under the Continuing Appropriations Resolution, 2010.

(Sec. 1009) Amends various Acts to extend through February 28, 2010, provisions concerning: (1) federal-state agreements for emergency unemployment compensation; (2) an increase in unemployment compensation benefits; and (3) full federal funding of extended unemployment compensation. Extends through July 31, 2010, the period of limited extension of federal unemployment compensation benefits. Designates amounts appropriated during such extensions as emergency requirements.

(Sec. 1010) Amends the American Recovery and Reinvestment Act of 2009 to: (1) extend the job eligibility lost date to February 28, 2010, for health insurance premium assistance under the Consolidated Omnibus Budget Reconciliation Act (COBRA); and (2) extend from 9 to 15 months the COBRA health insurance subsidy for individuals who have lost jobs. Provides rules related to the 2009 extension of such assistance and the transition period prior to enactment of this section. Designates amounts appropriated during such extensions as emergency requirements.

(Sec. 1011) Amends title XVIII (Medicare) of the Social Security Act to: (1) provide a zero percent update to the sustainable growth rate conversion factor for physician payments for the period of January 1 through February 28, 2010; (2) state that such update shall have no effect on the computation of such conversion factor for the remainder of 2010 and subsequent years; (3) reduce for FY2014 amounts made available in the Medicare Improvement Fund; and (4) provide an FY2015 Fund amount.

(Sec. 1012) Prohibits the Secretary of Health and Human Services (HHS) from publishing updated poverty guidelines required under the Omnibus Budget Reconciliation Act of 1981 before March 1, 2010.

(Sec. 1013) Rescinds $128 million of funds available to the Department of Commerce for use by the National Telecommunications and Information Administration for the digital-to-analog converter box program.

(Sec. 1014) Requires the explanatory statement regarding this Act to have the same effect with respect to the allocation of funds and the implementation of this Act as if it were a joint explanatory statement of a conference committee.