Detailed Summary

Department of Defense Appropriations Act, 2010 - <b>Title I: Military Personnel</b> - 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.

<b>Title II: Operation and Maintenance</b> - Appropriates funds for FY2010 for operation and maintenance (O&amp;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.

<b>Title III: Procurement</b> - 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; (2) National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950.

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

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

<b>Title VI: Other Department of Defense Programs</b> - 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; and (4) the Office of the Inspector General.

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

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

(Sec. 8006) Requires a report from DOD to the defense committees to establish the baseline for application of FY2010 reprogramming and transfer authorities.

(Sec. 8012) Prohibits, during FY2010, the management by end strengths of DOD civilian personnel.

(Sec. 8023) 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. 8025) 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 $120.2 million, the total amount appropriated in this Act for FFRDCs.

(Sec. 8026) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.

(Sec. 8029) Requires the Secretary of Defense (Secretary) to report to Congress on the amount of DOD purchases from foreign entities in FY2010.

(Sec. 8031) 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, 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. 8037) 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. 8040) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 8045) 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. 8049) 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 specified congressional committees are given 15 days' advance notice.

(Sec. 8052) 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. 8056) Prohibits funds from being used to approve or license the sale of the F-22 advanced tactical fighter to any foreign government.

(Sec. 8057) 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. 8058) 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. 8064) Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8065) 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. 8066) 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. 8071) Earmarks specified RDT&amp;E funds for the Israeli Cooperative Programs (missile defense).

(Sec. 8072) Makes Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.

(Sec. 8077) Appropriates funds for assistance to public schools that have unusually high concentrations of special needs military dependents enrolled.

(Sec. 8078) Appropriates funds to DOD for three specified grants by the Secretary.

(Sec. 8079) 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&amp;M, and procurement accounts.

(Sec. 8080) Prohibits funds from being used for RDT&amp;E, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8082) 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. 8083) 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. 8089) Earmarks specified Navy O&amp;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. 8091) Reduces the total amount appropriated in titles II through V by specified amounts, to reflect savings from revised economic assumptions.

(Sec. 8095) 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. 8096) 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. 8097) 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. 8099) Requires DOD to continue to report incremental contingency operations costs for Operations Iraqi Freedom and Enduring Freedom on a monthly basis.

(Sec. 8100) Reduces by $500 million the amount appropriated in title II, to reflect excess cash balances in DOD Working Capital Funds.

(Sec. 8101) Authorizes the transfer of specified military department O&amp;M funds to a central fund established for Fisher Houses and Suites.

(Sec. 8102) 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. 8103) Makes O&amp;M funds available for remittances to the Defense Acquisition Workforce Development Fund.

(Sec. 8104) Requires the Director of the Missile Defense Agency (MDA) to report to the defense committees on: (1) the utilization of funds to maintain the production line of ground-based interceptor missiles, including a plan for the utilization of funds made available by this Act; and (2) the acquisition strategy for the ground-based midcourse defense system during FY2011-FY2016.

(Sec. 8105) Earmarks specified drug interdiction and counter-drug activities funds for high-priority National Guard counterdrug programs.

(Sec. 8106) 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. 8107) Directs the Secretary to submit to the defense committees a detailed description of the requirements for use by DOD of live primates at the U.S. Army Medical Research Institute of Chemical Defense, and elsewhere, to demonstrate the effects of chemical or biological agents or chemical or biological simulants in training programs.

(Sec. 8108) Expresses the sense of the Senate that: (1) funds for re-engining of the E-8C Joint Surveillance Target Attack Radar System (Joint STARS) should be appropriated in amounts sufficient to execute the Joint STARS re-engining system design and development program; and (2) the Air Force should proceed with currently-planned efforts to re-engine such aircraft, including expending both procurement and RDT&amp;E funds.

(Sec. 8109) Directs that any report required to be submitted by a federal department or agency to either appropriations committee be posted on the public website of that department or agency upon receipt by the committee. Allows an exception if the posting would compromise national security or the report contains proprietary information.

(Sec. 8110) Directs the Secretary to conduct a study, and report to the defense committees, on defense contracting fraud.

(Sec. 8111) Earmarks specified Army RDT&amp;E funds for the Army's peer-reviewed Gulf War Illness Research Program.

(Sec. 8112) Expresses the sense of Congress that: (1) all of the National Nuclear Security Administration sites play effective and essential roles in developing and demonstrating methods for treaty verification and the detection of nuclear weapons 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 such Administrator to submit to the defense committees a plan for improving such Site's infrastructure in order to fulfill and expand its mission as required.

(Sec. 8113) Earmarks specified DOD O&amp;M funds for: (1) the declassification of the nuclear posture review conducted under the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001; and (2) implementation of DOD responsibilities under the Military and Overseas Voter Empowerment Act.

(Sec. 8115) Prohibits funds from being used to dispose of claims regarding water contamination at Camp Lejeune, North Carolina, until the Agency for Toxic Substances and Disease Registry fully completes all pending epidemiological and water modeling studies.

(Sec. 8116) Requires specified determinations by the Secretary of the Army with respect to the correction of certain deficiencies before funds may be obligated or expended for the execution of a contract under the Logistics Civil Augmentation Program (LOGCAP). Allows such Secretary to waive such requirement: (1) when necessary for the provision of essential services or critical operating facilities; or (2) if work under such contract does not present an imminent threat of death or serious bodily injury.

(Sec. 8117) Prohibits funds from being used by the Secretary of the Army to transfer government-owned ammunition production equipment or facilities to a private manufacturer until 60 days after such Secretary certifies to the defense committees that such transfer will not increase the cost of ammunition procurement or negatively impact national security, military readiness, government ammunition production, or the U.S. ammunition production industrial base.

(Sec. 8118) Prohibits the use of funds for any new or existing federal contract if the contractor or subcontractor at any tier requires that an employee or independent contractor, as a condition of employment, sign a contract that mandates resolving 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. Makes such prohibition inapplicable with respect to contracts that may be enforced in a U.S. court.

(Sec. 8119) Prohibits the Secretary of the Air Force from retiring any tactical aircraft as announced in the 2009 Combat Air Forces structuring plan until such Secretary submits to the defense committees certain plans and information regarding the retirement of such aircraft.

(Sec. 8120) 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. 8121) Earmarks specified funds made available for a long-range missile defense system in Europe for RDT&amp;E of the two-stage ground-based interceptor missile. Prohibits any diversion of funds appropriated to the MDA for such purpose. Requires a report from the MDA Director to the defense committees containing certain plans and options with respect to the development and testing of such missile.

(Sec. 8122) Earmarks specified Air Force RDT&amp;E funds to carry out evaluations and analyses relating to certain Air Force tactical laser systems.

<b>Title IX: Overseas Contingency Operations </b>- Appropriates funds for FY2010 for overseas deployments and other activities of DOD, specifically for: (1) military personnel; (2) O&amp;M; (3) the Afghanistan Security Forces Fund; (4) procurement; (5) the Mine Resistant Ambush Protected Vehicle Fund; (6) RDT&amp;E; (7) Defense Working Capital Funds; (8) the Defense Health Program; (9) drug interdiction and counter-drug activities; (10) the Joint Improvised Explosive Device Defeat Fund; and (11) 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) 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. 9010) Prohibits any funds from being used to transfer, release, or incarcerate any individual who was detained, as of October 1, 2009, at Naval Station Guantanamo Bay, Cuba, to or within the United States or its territories.

(Sec. 9011) Appropriates funds to specified O&amp;M accounts for the purchase of fuel.

(Sec. 9012) Prohibits funds from being distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.

(Sec. 9013) Authorizes the Secretary to continue to support requirements for monthly integrated civilian-military training at Camp Atterbury, Indiana, for civilians deploying to Afghanistan.

(Sec. 9014) Requires: (1) the appropriate congressional committees to hold hearings, in open and closed session, relating to U.S. strategy and resources with respect to Afghanistan and Pakistan promptly after the decision by the President on those matters is announced; and (2) such hearings to include testimony from specified senior civilian and military officials.

(Sec. 9015) 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).

Status of the Legislation

Latest Major Action: 10/6/2009: Resolving differences -- Senate actions. Status: Senate insists on its amendment, asks for a conference, appoints conferees Inouye; Byrd; Leahy; Harkin; Dorgan; Durbin; Feinstein; Mikulski; Kohl; Murray; Specter; Cochran; Bond; McConnell; Shelby; Gregg; Hutchison; Bennett; Brownback.

Points in Favor

(Log in to edit the wiki and be the first to show why the bill should pass!)

Points Against

(Log in to edit the wiki and be the first to show why the bill should not pass!)