50–159 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–151 

MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, AND FOR 

OTHER PURPOSES 

JUNE 12, 2009.—Ordered to be printed 

Mr. OBEY, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 2346] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 2346) 

making supplemental appropriations for the fiscal year ending September 30, 2009, and for other purposes, having met, after full and 

free conference, have agreed to recommend and do recommend to 

their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as 

follows: 

In lieu of the matter stricken and inserted by said amendment, 

insert: 

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2009, and for other purposes, namely: 

TITLE I 

DEPARTMENT OF AGRICULTURE 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

For an additional amount for ‘‘Public Law 480 Title II Grants’’, 

$700,000,000, to remain available until expended. 


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GENERAL PROVISIONS—THIS TITLE 

SEC. 101. Notwithstanding any other provision of law, amounts 

made available to provide assistance under the emergency conservation program established under title IV of the Agricultural Credit 

Act of 1978 (16 U.S.C. 2201 and 2202) and unobligated as of the 

date of the enactment of this Act shall be available to the Secretary 

of Agriculture, until expended, for expenses under that program related to recovery efforts in response to natural disasters. 

SEC. 102. (a) For an additional amount for gross obligations for 

the principal amount of direct and guaranteed farm ownership (7 

U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) loans, to 

be available from funds in the Agricultural Credit Insurance Fund, 

as follows: direct farm ownership loans, $360,000,000; direct operating loans, $400,000,000; and unsubsidized guaranteed operating 

loans, $50,201,000. 

(b) For an additional amount for the cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: direct 

farm ownership loans, $22,860,000; direct operating loans, 

$47,160,000; and unsubsidized guaranteed operating loans, 

$1,250,000. 

TITLE II 

DEPARTMENT OF COMMERCE 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For an additional amount for ‘‘Economic Development Assistance Programs’’, $40,000,000, to remain available until September 

30, 2010: Provided, That the amount provided under this heading 

shall be for Trade Adjustment Assistance for Communities under 

subchapter A, chapter 4, title II of the Trade Act of 1974 (19 U.S.C. 

2371 et seq.) and Trade Adjustment Assistance for Firms under 

chapter 3, title II of the Trade Act of 1974 (19 U.S.C. 2341 et seq.). 

DEPARTMENT OF JUSTICE 

DETENTION TRUSTEE

For an additional amount for ‘‘Detention Trustee’’, $60,000,000, 

to remain available until September 30, 2010. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For an additional amount for ‘‘Salaries and Expenses’’, 

$1,648,000, to remain available until September 30, 2010. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for ‘‘Salaries and Expenses’’, 

$15,000,000, to remain available until September 30, 2010. 


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UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$10,000,000, to remain available until September 30, 2010. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$1,389,000, to remain available until September 30, 2010. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$35,000,000, to remain available until September 30, 2010. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$20,000,000, to remain available until September 30, 2010. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$14,000,000, to remain available until September 30, 2010. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$5,038,000, to remain available until September 30, 2010. 

GENERAL PROVISION—THIS TITLE 

(INCLUDING RESCISSION)

SEC. 201. (a) Of the funds appropriated in chapter 2 of title I 

of Public Law 110–252 under the heading ‘‘Office of Inspector General’’, $3,000,000 is rescinded. 

(b) For an additional amount for ‘‘Office of Inspector General’’, 

$3,000,000, to remain available until September 30, 2010. 


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TITLE III 

DEPARTMENT OF DEFENSE 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$11,750,687,000. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$1,627,288,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $1,524,947,000. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, 

$1,500,740,000. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$418,155,000. 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, 

$39,478,000. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $29,179,000. 

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’, 

$14,943,000. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $1,775,733,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air Force’’, $45,000,000. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $13,769,418,000. 


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OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $2,274,903,000. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $1,034,366,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force’’, $5,980,386,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $5,101,696,000, 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 $1,000,000,000, 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: 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’’, $110,017,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $25,569,000. 


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OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $30,775,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, $34,599,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $178,446,000. 

AFGHANISTAN SECURITY FORCES FUND

For the ‘‘Afghanistan Security Forces Fund’’, $3,606,939,000, to 

remain available until September 30, 2010: 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 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. 

PAKISTAN COUNTERINSURGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

There is hereby established in the Treasury of the United States 

the ‘‘Pakistan Counterinsurgency Fund’’. For the ‘‘Pakistan Counterinsurgency Fund’’, $400,000,000, to remain available until September 30, 2010: Provided, That such funds shall be available to the 

Secretary of Defense, with the concurrence of the Secretary of State, 

notwithstanding any other provision of law, for the purpose of allowing the Secretary of Defense, or the Secretary’s designee, to provide assistance to Pakistan’s security forces; including program 

management and the provision of equipment, supplies, services, 

training, and funds; and facility and infrastructure repair, renovation, and construction to build the counterinsurgency capability of 

Pakistan’s military and Frontier Corps, and of which up to 

$2,000,000 shall be available to provide urgent humanitarian asVerDate Nov 24 2008 00:54 Jun 14, 2009 Jkt 050159 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\HR151.XXX HR151

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sistance to the people of Pakistan only as part of civil-military training exercises for Pakistani security forces receiving assistance under 

the ‘‘Pakistan Counterinsurgency Fund’’ and to assist the Government of Pakistan in creating such a program beginning in fiscal 

year 2010: Provided further, That the authority to provide assistance under this provision is in addition to any other authority to 

provide assistance to foreign nations: Provided further, That the 

Secretary of Defense may transfer such amounts as the Secretary 

may determine from the funds provided herein to any appropriations available to the Department of Defense or, with the concurrence of the Secretary of State and head of the relevant Federal 

department or agency, to any other non-intelligence related Federal 

account to accomplish the purposes provided herein: Provided further, That funds so transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation or fund to which transferred: Provided further, That the 

authority of the Secretary of Defense to obligate or transfer funds 

pursuant to this paragraph shall apply only to funds appropriated 

for such purposes in this Act (including funds appropriated by another paragraph of this Act that are transferred to the ‘‘Pakistan 

Counterinsurgency Fund’’ by such other paragraph), and such authority shall not be continued beyond the expiration date specified 

in the matter preceding the first proviso, except with respect to 

funds so transferred to the ‘‘Pakistan Counterinsurgency Fund’’ by 

another paragraph of this Act: Provided further, That the Secretary 

of Defense shall, not fewer than 15 days prior to making transfers 

from this appropriation account, notify the Committees on Appropriations in writing of the details of any such transfer. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$1,192,744,000, to remain available until September 30, 2011. 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, 

$704,041,000, to remain available until September 30, 2011. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $1,983,971,000, to remain available until September 30, 2011. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $230,075,000, to remain available until September 30, 2011. 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$7,113,742,000, to remain available until September 30, 2011. 


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AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, 

$636,669,000, to remain available until September 30, 2011. 

WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, 

$29,498,000, to remain available until September 30, 2011. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $348,919,000, to remain available until 

September 30, 2011. 

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$197,193,000, to remain available until September 30, 2011. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$1,526,447,000, to remain available until September 30, 2011. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air 

Force’’, $4,592,068,000, to remain available until September 30, 

2011. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, 

$49,716,000, to remain available until September 30, 2011. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, Air 

Force’’, $158,684,000, to remain available until September 30, 2011. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$1,802,083,000, to remain available until September 30, 2011. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$237,868,000, to remain available until September 30, 2011. 

NATIONAL GUARD AND RESERVE EQUIPMENT

For an additional amount for ‘‘National Guard and Reserve 

Equipment’’, $500,000,000, to remain available until September 30, 

2011: Provided, That such funds may be used only to procure high 

priority items of equipment that may be used by reserve component 

units for combat missions and units’ missions in support of the 

State governors: Provided further, That the Chiefs of the National 

Guard and of the Reserve components shall, not later than 60 days 


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after the enactment of this Act, individually submit to the congressional defense committees a listing of items of equipment to be procured 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’’, 

$4,543,000,000, to remain available until September 30, 2010: 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 for operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein: 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’’, $52,935,000, to remain available until September 30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Navy’’, $136,786,000, to remain available until September 30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Air Force’’, $160,474,000, to remain available until September 30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Defense-Wide’’, $483,304,000, to remain available until 

September 30, 2010. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital 

Funds’’, $861,726,000, to remain available until expended. 


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OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, $1,055,297,000, of which $845,508,000 is for operation and maintenance; of which $50,185,000, to remain available until September 

30, 2011, is for procurement; and of which $159,604,000, to remain 

available until September 30, 2010, is for research, development, 

test and evaluation: Provided, That up to $14,360,000,000 appropriated for operation and maintenance under this heading or any 

prior Act may be available for contracts entered into under the 

Tricare program. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Drug Interdiction and Counter- Drug Activities, Defense’’, $120,398,000, to remain available until 

September 30, 2010. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

For an additional amount for ‘‘Joint Improvised Explosive De- vice Defeat Fund’’, $1,116,746,000, to remain available until September 30, 2011. 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of the Inspector General’’, 

$9,551,000. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 301. 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 2009. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 302. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may transfer between appropriations up to $2,500,000,000 of the 

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 section 8005 of the Department of Defense Appropriations Act, 2009 (division C of Public Law 110–329) except for 

the fourth proviso. 

SEC. 303. 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(a)(1) of the National Security Act of 1947 (50 U.S.C. 

414(a)(1)). 


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11 

(INCLUDING TRANSFER OF FUNDS)

SEC. 304. During fiscal year 2009 and from funds in the ‘‘Defense Cooperation Account’’, as established by 10 U.S.C. 2608, the 

Secretary of Defense may transfer not to exceed $6,500,000 to such 

appropriations or funds of the Department of Defense as the Secretary shall determine for use consistent with the purposes for which 

such funds were contributed and accepted: Provided, That such 

amounts shall be available for the same time period as the appropriation to which transferred: Provided further, That the Secretary 

shall report to the Congress all transfers made pursuant to this authority. 

SEC. 305. Supervision and administration costs associated with 

a construction project funded with appropriations available for operation and maintenance or ‘‘Afghanistan Security Forces Fund’’ 

provided in this title, and executed in direct support of the overseas 

contingency operations in Iraq and 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. 

(INCLUDING RESCISSIONS)

SEC. 306. (a)(1) Of the funds appropriated in chapter 2 of title 

IX of Public Law 110–252 under the heading, ‘‘Iraq Security Forces 

Fund’’, $1,000,000,000 is rescinded. 

(2) For an additional amount for ‘‘Iraq Security Forces Fund’’, 

$1,000,000,000, to remain available until September 30, 2010: Provided, That funds may not be obligated or transferred from this 

fund until 15 days after the date on which the Secretary of Defense 

notifies the congressional defense committees in writing of the details of the proposed obligation or transfer. 

(b) Notwithstanding any other provision of this Act, each 

amount in this section is designated as an emergency requirement 

and necessary to meet emergency needs pursuant to sections 403(a) 

and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. 

SEC. 307. Funds made available in this title to the Department 

of Defense for operation and maintenance may be used to purchase 

items having an investment unit cost of not more than $250,000: 

Provided, That upon determination by the Secretary of Defense that 

such action is necessary to meet the operational requirements of a 

Commander of a Combatant Command engaged in contingency operations overseas, such funds may be used to purchase items having 

an investment item unit cost of not more than $500,000: Provided 

further, That the Secretary shall report to the Congress all purchases made pursuant to this authority within 30 days of using the 

authority. 

SEC. 308. From funds made available in this title, the Secretary 

of Defense may purchase motor vehicles for use by military and civilian employees of the Department of Defense in Iraq and Afghanistan, up to a limit of $75,000 per vehicle, notwithstanding other 

limitations applicable to passenger carrying motor vehicles. 


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(RESCISSIONS)

SEC. 309. 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: Provided, That none of the amounts may be rescinded from amounts 

that were designated by the Congress as an emergency requirement 

pursuant to a Concurrent Resolution on the Budget or the Balanced 

Budget and Emergency Deficit Control Act of 1985, as amended: 

‘‘Procurement, Marine Corps, 2007/2009’’, $54,400,000; 

‘‘Other Procurement, Army, 2008/2010’’, $29,300,000; 

‘‘Procurement, Marine Corps, 2008/2010’’, $10,300,000; 

‘‘Aircraft Procurement, Air Force, 2008/2010’’, $44,000,000; 

‘‘Research, Development, Test and Evaluation, Navy, 2008/ 

2009’’, $11,300,000; 

‘‘Research, Development, Test and Evaluation, Air Force, 

2008/2009’’, $36,107,000; 

‘‘Research, Development, Test and Evaluation, DefenseWide, 2008/2009’’, $169,124,000; 

‘‘Operation and Maintenance, Army, 2009/2009’’, 

$352,359,000; 

‘‘Operation and Maintenance, Navy, 2009/2009’’, 

$881,481,000; 

‘‘Operation and Maintenance, Marine Corps, 2009/2009’’, 

$54,466,000; 

‘‘Operation and Maintenance, Air Force, 2009/2009’’, 

$925,203,000; 

‘‘Operation and Maintenance, Defense-Wide, 2009/2009’’, 

$267,635,000; 

‘‘Operation and Maintenance, Army Reserve, 2009/2009’’, 

$23,338,000; 

‘‘Operation and Maintenance, Navy Reserve, 2009/2009’’, 

$62,910,000; 

‘‘Operation and Maintenance, Marine Corps Reserve, 2009/ 

2009’’, $1,250,000; 

‘‘Operation and Maintenance, Air Force Reserve, 2009/ 

2009’’, $163,786,000; 

‘‘Operation and Maintenance, Army National Guard, 2009/ 

2009’’, $57,819,000; 

‘‘Operation and Maintenance, Air National Guard, 2009/ 

2009’’, $250,645,000; 

‘‘Aircraft Procurement, Army, 2009/2011’’, $22,600,000; 

‘‘Procurement of Ammunition, Army, 2009/2011’’, 

$107,100,000; 

‘‘Other Procurement, Army, 2009/2011’’, $245,000,000; 

‘‘Procurement, Marine Corps, 2009/2011’’, $10,300,000; 

‘‘Other Procurement, Air Force, 2009/2011’’, $17,500,000; 

‘‘Procurement, Defense-Wide, 2009/2011’’, $6,400,000; 

‘‘Research, Development, Test and Evaluation, Army, 2009/ 

2010’’, $187,710,000; 

‘‘Research, Development, Test and Evaluation, Navy, 2009/ 

2010’’, $217,060,000; and 

‘‘Research, Development, Test and Evaluation, Air Force, 

2009/2010’’, $287,567,000. 


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13 

(INCLUDING TRANSFER OF FUNDS)

SEC. 310. (a) RETROACTIVE STOP-LOSS SPECIAL PAY COMPENSATION TO ELIGIBLE CLAIMANTS.—In addition to the amounts appropriated or otherwise made available elsewhere in this Act, 

$534,400,000 is appropriated to the Department of Defense, to remain available for obligation until expended: Provided, That such 

funds shall be available to the Secretaries of the military departments only to make payment of claims specified in subsection (b) to 

members of the Armed Forces, including members of the reserve 

components, and former and retired members under the jurisdiction 

of the Secretary who, at any time during the period beginning on 

September 11, 2001, and ending on September 30, 2009, served on 

active duty while the members’ enlistment or period of obligated 

service was extended, or whose eligibility for retirement was 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) CLAIMS SUBMISSION REQUIRED.—Claims for retroactive 

Stop-Loss Special Pay compensation under this section shall be submitted to the Secretary of the Military Department concerned not 

later than 1 year after the date on which the implementing rules of 

subsection (d) take effect. Notwithstanding any other provision of 

law, the Secretaries of the military departments may not pay claims 

that are submitted more than 1 year after the date on which the implementing rules of subsection (d) take effect. 

(c) PAYMENT AMOUNT.—The amount to be paid under subsection (a) to or on behalf of an eligible member, retired member, 

or former member described in such subsection shall be $500 per 

month for each month or portion of a month during the period specified in such subsection that the member was retained on active 

duty as a result of application of the stop-loss authority. 

(d) RULEMAKING.—Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall issue rules to expedite the payment of claims under subsection (b). 

(e) TREATMENT OF DECEASED MEMBERS.—If an eligible member, retired member, or former member described in subsection (a) 

dies before the payment required by this section is made, the Secretary concerned shall make the payment in accordance with section 

2771 of title 10, United States Code. 

(f) EXCLUSION OF CERTAIN FORMER MEMBERS.—A former member of the Armed Forces is not eligible for a payment under this section if the former member was discharged or released from the 

Armed Forces under other than honorable conditions. 

(g) RELATION TO OTHER STOP-LOSS SPECIAL PAY.—A member, 

retired member, or former member may not receive a payment under 

this section and stop-loss special pay under section 8116 of the Department of Defense Appropriations Act, 2009 (division C of Public 

Law 110–329; 122 Stat. 3646) for the same month or portion of a 

month during which the member was retained on active duty as a 

result of application of the stop-loss authority. 


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(h) REPORT ON EXECUTION.—The Secretary of Defense shall 

provide a report to the congressional defense committees on the implementation of the retroactive stop-loss benefit. The report shall include the following: the number of claims filed, the number of 

claims approved, the number of claims denied, the number of claims 

still pending, the amount of funding that has been obligated, the 

amount of funding still available for this purpose, and the average 

payment provided. This report is due 1 year after the date on which 

the implementing rules of subsection (d) take effect, and every 6 

months thereafter until all funding provided for this purpose has 

been obligated and all submitted claims have been processed. 

SEC. 311. (a) Section 132 of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1392) is 

repealed. 

(b) Notwithstanding any other provision of law, the Secretary of 

the Air Force may retire C–5A aircraft from the inventory of the Air 

Force 15 days after certifying to the congressional defense committees that retiring the aircraft will not significantly increase operational risk of not meeting the National Defense Strategy, provided 

that such retirements may not reduce total strategic airlift force 

structure inventory below the 292 strategic airlift aircraft level identified in the Mobility Capability Study 2005 (MCS–05) unless otherwise addressed in the fiscal year 2010 National Defense Authorization Act. 

SEC. 312. None of the funds appropriated or otherwise made 

available by this title may be obligated or expended to provide 

award fees to any defense contractor contrary to the provisions of 

section 814 of the National Defense Authorization Act, Fiscal Year 

2007 (Public Law 109–364). 

SEC. 313. None of the funds provided in this title may be used 

to finance programs or activities denied by Congress in fiscal years 

2008 or 2009 appropriations to the Department of Defense or to initiate a procurement or research, development, test and evaluation 

new start program without prior written notification to the congressional defense committees. 

SEC. 314. 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. 

SEC. 315. 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 the purpose of establishing any 

military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan. 

SEC. 316. (a) REPORT ON IRAQ TROOP DRAWDOWN STATUS, 

GOALS, AND TIMETABLE.—In recognition and support of the policy 

of President Barack Obama to withdraw all United States combat 

brigades from Iraq by August 31, 2010, and all United States military forces from Iraq on December 31, 2011, Congress directs the 

Secretary of Defense (in consultation with other members of the NaVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00014 Fmt 6659 Sfmt 6603 E:\HR\OC\HR151.XXX HR151

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15 

tional Security Council) to prepare a report that identifies troop 

drawdown status and goals and includes— 

(1) a detailed, month-by-month description of the transition 

of United States military forces and equipment out of Iraq; and 

(2) a detailed, month-by-month description of the transition 

of United States contractors out of Iraq. 

(b) ELEMENTS OF REPORT.—At a minimum, the Secretary of Defense shall address the following: 

(1) How the Government of Iraq is assuming the responsibility for reconciliation initiatives as the mission of the United 

States Armed Forces transitions. 

(2) How the drawdown of military forces complies with the 

President’s planned withdrawal of combat brigades by August 

31, 2010, and all United States forces by December 31, 2011. 

(3) The roles and responsibilities of remaining contractors 

in Iraq as the United States mission evolves, including the anticipated number of United States contractors to remain in Iraq 

after August 31, 2010, and December 31, 2011. 

(c) SUBMISSION.— 

(1) Not later than 90 days after the date of enactment of 

this Act, and every 90 days thereafter through September 30, 

2010, the Secretary of Defense shall submit the report required 

by subsection (a) and a classified annex to the report, as necessary. 

(2) The Secretary may submit the report required by subsection (a) separately as provided in paragraph (1) or include 

the information required by this report when submitting reports 

required of the Secretary under section 9204 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 122 

Stat. 2410). 

(d) EXTENSION OF RELATED REPORTING REQUIREMENT.—Section 9204(a) of the Supplemental Appropriations Act, 2008 is 

amended by striking ‘‘fiscal year 2009’’ and inserting ‘‘fiscal year 

2010’’. 

SEC. 317. (a) REPEAL OF SECRETARY OF DEFENSE REPORTS ON

TRANSITION READINESS OF IRAQ AND AFGHAN SECURITY FORCES.— 

Subsection (a) of section 9205 of Public Law 110–252 (122 Stat. 

2412) is repealed. 

(b) MODIFICATION OF REPORTS ON USE OF CERTAIN SECURITY

FORCES FUNDS.— 

(1) PREPARATION IN CONSULTATION WITH COMMANDER OF

CENTCOM.—Subsection (b)(1) of such section is amended by inserting ‘‘the Commander of the United States Central Command;’’ after ‘‘the Secretary of Defense;’’. 

(2) PERIOD OF REPORTS.—Such subsection is further 

amended by striking ‘‘not later than 120 days after the date of 

the enactment of this Act and every 90 days thereafter’’ and inserting ‘‘not later than 45 days after the end of each fiscal year 

quarter’’. 

(3) FUNDS COVERED BY REPORTS.—Such subsection is further amended by striking ‘‘and ‘Afghanistan Security Forces 

Fund’ ’’ and inserting ‘‘, ‘Afghanistan Security Forces Fund’, 

and ‘Pakistan Counterinsurgency Fund’ ’’. 


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16 

(c) NOTICE NEW PROJECTS AND TRANSFERS OF FUNDS.—Subsection (c) of such section is amended by striking ‘‘the headings’’ and 

all that follows and inserting ‘‘the headings as follows: 

‘‘(1) ‘Iraq Security Forces Fund’. 

‘‘(2) ‘Afghanistan Security Forces Fund’. 

‘‘(3) ‘Pakistan Counterinsurgency Fund’.’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act. 

SEC. 318. (a) Section 1174(h)(1) of title 10, United States Code, 

is amended to read as follows: 

‘‘(1) A member who has received separation pay under this 

section, or separation pay, severance pay, or readjustment pay 

under any other provision of law, based on service in the armed 

forces, and who later qualifies for retired or retainer pay under 

this title or title 14 shall have deducted from each payment of 

such retired or retainer pay an amount, in such schedule of 

monthly installments as the Secretary of Defense shall specify, 

taking into account the financial ability of the member to pay 

and avoiding the imposition of undue financial hardship on the 

member and member’s dependents, until the total amount deducted is equal to the total amount of separation pay, severance 

pay, and readjustment pay so paid.’’. 

(b) Section 1175(e)(3)(A) of title 10, United States Code, is 

amended to read as follows: 

‘‘(3)(A) A member who has received the voluntary separation incentive and who later qualifies for retired or retainer pay 

under this title shall have deducted from each payment of such 

retired or retainer pay an amount, in such schedule of monthly 

installments as the Secretary of Defense shall specify, taking 

into account the financial ability of the member to pay and 

avoiding the imposition of undue financial hardship on the 

member and member’s dependents, until the total amount deducted is equal to the total amount of voluntary separation incentive so paid. If the member elected to have a reduction in 

voluntary separation incentive for any period pursuant to paragraph (2), the deduction required under the preceding sentence 

shall be reduced as the Secretary of Defense shall specify.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to any repayments of separation pay, severance pay, readjustment pay, special separation benefit, or voluntary separation 

incentive, that occur on or after the date of enactment, including 

any ongoing repayment actions that were initiated prior to this 

amendment. 

SEC. 319. (a) REPORTS REQUIRED.—Not later than 60 days after 

the date of the enactment of this Act and every 90 days thereafter, 

the President shall submit to the members and committees of Congress specified in subsection (b) a report on the prisoner population 

at the detention facility at Naval Station Guantanamo Bay, Cuba. 

(b) SPECIFIED MEMBERS AND COMMITTEES OF CONGRESS.—The 

members and committees of Congress specified in this subsection are 

the following: 

(1) The majority leader and minority leader of the Senate. 

(2) The Chairman and Ranking Member on the Committee 

on Armed Services of the Senate. 


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(3) The Chairman and Vice Chairman of the Select Committee on Intelligence of the Senate. 

(4) The Chairman and Vice Chairman of the Committee on 

Appropriations of the Senate. 

(5) The Speaker of the House of Representatives. 

(6) The minority leader of the House of Representatives. 

(7) The Chairman and Ranking Member on the Committee 

on Armed Services of the House of Representatives. 

(8) The Chairman and Vice Chairman of the Permanent 

Select Committee on Intelligence of the House of Representatives. 

(9) The Chairman and Ranking Member of the Committee 

on Appropriations of the House of Representatives. 

(c) MATTERS TO BE INCLUDED.—Each report submitted under 

subsection (a) shall include the following: 

(1) The name and country of origin of each detainee at the 

detention facility at Naval Station Guantanamo Bay, Cuba, as 

of the date of such report. 

(2) A current summary of the evidence, intelligence, and information used to justify the detention of each detainee listed 

under paragraph (1) at Naval Station Guantanamo Bay. 

(3) A current accounting of all the measures taken to transfer each detainee listed under paragraph (1) to the individual’s 

country of citizenship or another country. 

(4) A current description of the number of individuals released or transferred from detention at Naval Station Guantanamo Bay who are confirmed or suspected of returning to terrorist activities after release or transfer from Naval Station 

Guantanamo Bay. 

(5) An assessment of any efforts by al Qaeda to recruit detainees released from detention at Naval Station Guantanamo 

Bay. 

(d) ADDITIONAL MATTERS TO BE INCLUDED IN INITIAL REPORT.—The first report submitted under subsection (a) shall also include the following: 

(1) A description of the process that was previously used for 

screening the detainees described by subsection (c)(4) prior to 

their release or transfer from detention at Naval Station Guantanamo Bay, Cuba. 

(2) An assessment of the adequacy of that screening process 

for reducing the risk that detainees previously released or transferred from Naval Station Guantanamo Bay would return to 

terrorist activities after release or transfer from Naval Station 

Guantanamo Bay. 

(3) An assessment of lessons learned from previous releases 

and transfers of individuals who returned to terrorist activities 

for reducing the risk that detainees released or transferred from 

Naval Station Guantanamo Bay will return to terrorist activities after their release or transfer. 


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TITLE IV 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

OPERATION AND MAINTENANCE

For an additional amount for ‘‘Operation and Maintenance’’ to 

dredge navigation channels and repair damage to Corps projects 

nationwide related to natural disasters, $42,875,000, to remain 

available until expended: Provided, That the Assistant Secretary of 

the Army for Civil Works shall provide a monthly report to the 

Committees on Appropriations of the House of Representatives and 

the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act. 

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ‘‘Flood Control and Coastal 

Emergencies’’, as authorized by section 5 of the Act of August 18, 

1941 (33 U.S.C. 701n), for necessary expenses relating to the consequences of natural disasters as authorized by law, $754,290,000, 

to remain available until expended: Provided, That the Secretary of 

the Army is directed to use $315,290,000 of the funds appropriated 

under this heading to support emergency operations, to repair eligible projects nationwide, and for other activities in response to natural disasters: Provided further, That the Secretary of the Army is 

directed to use $439,000,000 of the amount provided under this 

heading for barrier island restoration and ecosystem restoration to 

restore historic levels of storm damage reduction to the Mississippi 

Gulf Coast: Provided further, That this work shall be carried out at 

full Federal expense: Provided further, That the Assistant Secretary 

of the Army for Civil Works shall provide a monthly report to the 

Committees on Appropriations of the House of Representatives and 

the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this Act. 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

STRATEGIC PETROLEUM RESERVE

(TRANSFER OF FUNDS)

For an additional amount for ‘‘Strategic Petroleum Reserve’’, 

$21,585,723, to remain available until expended, to be derived by 

transfer from the ‘‘SPR Petroleum Account’’ for site maintenance activities. 


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ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

For an additional amount for ‘‘Weapons Activities’’, 

$30,000,000, to remain available until expended, to be divided 

among the three national security laboratories of Livermore, Sandia 

and Los Alamos and other entities to fund a sustainable capability 

to analyze nuclear and biological weapons intelligence: Provided, 

That the Secretary of Energy, in cooperation with the Director of 

National Intelligence, shall provide a written report to the Appropriations Committees of the House of Representatives and the Senate, the Armed Services Committees of the House of Representatives 

and the Senate, the Permanent Select Committee on Intelligence of 

the House of Representatives, and the Select Committee on Intelligence of the Senate within 90 days of enactment of this Act on how 

the Department of Energy will invest these resources to sustain technical and core analytical capabilities. 

DEFENSE NUCLEAR NONPROLIFERATION

For an additional amount for ‘‘Defense Nuclear Nonproliferation’’, $55,000,000, to remain available until expended. 

GENERAL PROVISIONS—THIS TITLE 

LIMITED TRANSFER AUTHORITY

SEC. 401. Section 403 of title IV of division A of the American 

Recovery and Reinvestment Act of 2009 (Public Law 111–5) is 

amended by striking all of the text and inserting the following: 

‘‘SEC. 403. LIMITED TRANSFER AUTHORITY. 

‘‘The Secretary of Energy may transfer up to 0.5 percent from 

each amount appropriated to the Department of Energy in this title 

to any other appropriate account within the Department of Energy, 

to be used for management and oversight activities: Provided, That 

the Secretary shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate 15 days 

prior to any transfer: Provided further, That any funds so transferred under this section shall remain available for obligation until 

September 30, 2012.’’. 

WAIVER OF FEDERAL EMPLOYMENT REQUIREMENTS

SEC. 402. Section 4601(c)(1) of the Atomic Energy Defense Act 

(50 U.S.C. 2701(c)(1)) is amended by striking ‘‘September 30, 2008’’ 

and inserting ‘‘September 30, 2009’’. 

CORPS OF ENGINEERS TECHNICAL FIX

SEC. 403. (a) IN GENERAL.—Section 3181 of the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 

1158) is amended— 

(1) in subsection (a)— 


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(A) by redesignating paragraphs (4) through (11) as 

paragraphs (5), (6), (8), (9), (10), (11), (12), and (13), respectively; 

(B) by inserting after paragraph (3) the following: 

‘‘(4) NORTHEAST HARBOR, MAINE.—The project for navigation, Northeast Harbor, Maine, authorized by section 2 of the 

Act of March 2, 1945 (59 Stat. 12).’’; and 

(C) by inserting after paragraph (6) (as redesignated by 

subparagraph (A)) the following: 

‘‘(7) TENANTS HARBOR, MAINE.—The project for navigation, 

Tenants Harbor, Maine, authorized by the first section of the 

Act of March 2, 1919 (40 Stat. 1275).’’; and 

(2) in subsection (h)— 

(A) by striking paragraphs (15) and (16); and 

(B) by redesignating paragraphs (17) through (29) as 

paragraphs (15) through (27), respectively. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect as if included in the Water Resources Development 

Act of 2007 (Public Law 110–114; 121 Stat. 1041). 

CORPS OF ENGINEERS REPROGRAMMING AUTHORITY

SEC. 404. Unlimited reprogramming authority is granted to the 

Secretary of the Army for funds provided in title IV—Energy and 

Water Development of Public Law 111–5 under the heading ‘‘Department of Defense—Civil, Department of the Army, Corps of Engineers—Civil’’. 

BUREAU OF RECLAMATION REPROGRAMMING AUTHORITY

SEC. 405. Unlimited reprogramming authority is granted to the 

Secretary of the Interior for funds provided in title IV—Energy and 

Water Development of Public Law 111–5 under the heading ‘‘Bureau 

of Reclamation, Water and Related Resources’’. 

COST ANALYSIS OF TRITIUM PROGRAM CHANGES

SEC. 406. No funds in this Act, or other previous Acts, shall be 

provided to fund activities related to the mission relocation of either 

the design authority for the gas transfer systems or tritium research 

and development facilities during the current fiscal year and until 

the Department can provide the Senate Appropriations Committee 

an independent technical mission review and cost analysis by the 

JASON’s as proposed in the Complex Transformation Site-Wide 

Programmatic Environmental Impact Statement. 

CORPS OF ENGINEERS PROJECT COST CEILING INCREASE

SEC. 407. The project for ecosystem restoration, Upper Newport 

Bay, California, authorized by section 101(b)(9) of the Water Resources Development Act of 2000 (114 Stat. 2577), is modified to authorize the Secretary to construct the project at a total cost of 

$50,659,000, with an estimated Federal cost of $32,928,000 and a 

non-Federal cost of $17,731,000. 


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TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

SEC. 408. The matter under the heading ‘‘Title 17 Innovative 

Technology Loan Guarantee Program’’ of title III of division C of the 

Omnibus Appropriations Act, 2009 (Public Law 111–8; 123 Stat. 

619) is amended in the ninth proviso— 

(1) by striking ‘‘or (d)’’ and inserting ‘‘(d)’’; and 

(2) by striking ‘‘the guarantee’’ and inserting ‘‘the guarantee; (e) contracts, leases or other agreements entered into 

prior to May 1, 2009 for front-end nuclear fuel cycle projects, 

where such project licenses technology from the Department of 

Energy, and pays royalties to the federal government for such 

license and the amount of such royalties will exceed the amount 

of federal spending, if any, under such contracts, leases or 

agreements; or (f) grants or cooperative agreements, to the extent that obligations of such grants or cooperative agreements 

have been recorded in accordance with section 1501(a)(5) of title 

31, United States Code, on or before May 1, 2009’’. 

TITLE V 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$2,936,000, of which $800,000 shall remain available until expended and $2,136,000 shall remain available until September 30, 

2010. 

THE JUDICIARY 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Salaries and Expenses’’, 

$10,000,000, to remain available until September 30, 2010: Provided, That notwithstanding section 302 of division D of Public 

Law 111–8, funding shall be available for transfer between Judiciary accounts to meet increased workload requirements resulting 

from immigration and other law enforcement initiatives. 

INDEPENDENT AGENCIES 

FINANCIAL CRISIS INQUIRY COMMISSION

SALARIES AND EXPENSES

For the necessary expenses of the Financial Crisis Inquiry Commission established pursuant to section 5 of the Fraud Enforcement 

and Recovery Act of 2009 (Public Law 111–21), $8,000,000, to remain available until February 15, 2011. 


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SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For an additional amount for necessary expenses for the Securi- ties and Exchange Commission, $10,000,000, to remain available 

until September 30, 2010, for investigation of securities fraud. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 501. (a) IN GENERAL.—Section 3(c)(2)(A) of Public Law 

110–428 is amended— 

(1) in the matter before clause (i), by striking ‘‘4-year’’ and 

inserting ‘‘5-year’’; and 

(2) in clause (i), by striking ‘‘1-year’’ and inserting ‘‘2-year’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

shall take effect as if included in the enactment of Public Law 110– 

428. 

SEC. 502. The fourth proviso under the heading ‘‘District of Columbia Funds’’ of title IV of division D of the Omnibus Appropriations Act, 2009 (Public Law 111–8; 123 Stat. 655) is amended by 

striking ‘‘and such title’’ and inserting ‘‘, as amended by laws enacted pursuant to section 442(c) of the District of Columbia Home 

Rule Act of 1973, approved December 24, 1973 (87 Stat. 798), and 

such title, as amended,’’. 

SEC. 503. Title V of division D of the Omnibus Appropriations 

Act, 2009 (Public Law 111–8) is amended under the heading ‘‘Federal Communications Commission’’ by striking the first proviso and 

inserting the following: ‘‘Provided, That of the funds provided, not 

less than $3,000,000 shall be available for developing a national 

broadband plan pursuant to title VI of division B of the American 

Recovery and Reinvestment Act of 2009 (Public Law 111–5) and for 

carrying out any other responsibility pursuant to that title:’’. 

EXTENSION OF LIMITATIONS

SEC. 504. (a) IN GENERAL.—Section 44(f)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1831u(f)(1)) is amended— 

(1) by redesignating subparagraphs (A) and (B) as clauses 

(i) and (ii), respectively, and moving the margins 2 ems to the 

right; 

(2) by striking ‘‘evidence of debt by any insured’’ and inserting the following: ‘‘evidence of debt by— 

‘‘(A) any insured’’; and 

(3) by striking the period at the end and inserting the following: ‘‘; and 

‘‘(B) any nondepository institution operating in such 

State, shall be equal to not more than the greater of the 

State’s maximum lawful annual percentage rate or 17 percent— 

‘‘(i) to facilitate the uniform implementation of federally mandated or federally established programs and 

financings related thereto, including— 

‘‘(I) uniform accessibility of student loans, including the issuance of qualified student loan 

bonds as set forth in section 144(b) of the Internal 

Revenue Code of 1986; 


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‘‘(II) the uniform accessibility of mortgage 

loans, including the issuance of qualified mortgage 

bonds and qualified veterans’ mortgage bonds as 

set forth in section 143 of such Code; 

‘‘(III) the uniform accessibility of safe and affordable housing programs administered or subject 

to review by the Department of Housing and 

Urban Development, including— 

‘‘(aa) the issuance of exempt facility bonds 

for qualified residential rental property as set 

forth in section 142(d) of such Code; 

‘‘(bb) the issuance of low income housing 

tax credits as set forth in section 42 of such 

Code, to facilitate the uniform accessibility of 

provisions of the American Recovery and Reinvestment Act of 2009; and 

‘‘(cc) the issuance of bonds and obligations 

issued under that Act, to facilitate economic 

development, higher education, and improvements to infrastructure, and the issuance of 

bonds and obligations issued under any provision of law to further the same; and 

‘‘(ii) to facilitate interstate commerce generally, including consumer loans, in the case of any person or 

governmental entity (other than a depository institution 

subject to subparagraph (A) and paragraph (2)).’’. 

(b) EFFECTIVE PERIOD.—The amendments made by subsection 

(a) shall apply with respect to contracts consummated during the 

period beginning on the date of enactment of this Act and ending 

on December 31, 2010. 

TITLE VI 

DEPARTMENT OF HOMELAND SECURITY 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$46,200,000, to remain available until September 30, 2010, of which 

$6,200,000 shall be for the care, treatment, and transportation of 

unaccompanied alien children; and of which $40,000,000 shall be 

for response to border security issues on the Southwest border of the 

United States. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For an additional amount for ‘‘Air and Marine Interdiction, 

Operations, Maintenance, and Procurement’’, $5,000,000, to remain 

available until September 30, 2010, for response to border security 

issues on the Southwest border of the United States. 


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U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$66,800,000, to remain available until September 30, 2010, of which 

$11,800,000 shall be for the care, treatment, and transportation of 

unaccompanied alien children; and of which $55,000,000 shall be 

for response to border security issues on the Southwest border of the 

United States. 

COAST GUARD

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, 

$139,503,000; of which $129,503,000 shall be for Coast Guard operations in support of Operation Iraqi Freedom and Operation Enduring Freedom; and of which $10,000,000 shall be available until 

September 30, 2010, for High Endurance Cutter maintenance, 

major repairs, and improvements. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

STATE AND LOCAL PROGRAMS

For an additional amount for ‘‘State and Local Programs’’, 

$30,000,000 shall be for Operation Stonegarden. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 601. Notwithstanding sections 12112, 55102, and 55103 of 

title 46, United States Code, the Secretary of the department in 

which the Coast Guard is operating shall issue a certificate of documentation with appropriate endorsement for engaging in the coastwise trade in the State of Alabama for the drydock ALABAMA 

(United States official number 641504). 

SEC. 602. Notwithstanding sections 55101, 55103, and 12112 of 

title 46, United States Code, the Secretary of the department in 

which the Coast Guard is operating may issue a certificate of documentation with a coastwise endorsement for the vessel MARYLAND 

INDEPENDENCE (official number 662573). The coastwise endorsement issued under authority of this section is terminated if— 

(1) the vessel, or controlling interest in the person that owns 

the vessel, is conveyed after the date of enactment of this Act; 

or 

(2) any repairs or alterations are made to the vessel outside 

of the United States. 

(INCLUDING RESCISSION OF FUNDS)

SEC. 603. (a) RESCISSION.—Of amounts previously made available from ‘‘Federal Emergency Management Agency, Disaster Relief’’ 

to the State of Mississippi pursuant to section 404 of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5170c) for Hurricane Katrina, an additional $100,000,000 are rescinded. 


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(b) APPROPRIATION.—For ‘‘Federal Emergency Management 

Agency, State and Local Programs’’, there is appropriated an additional $100,000,000, to remain available until expended, for a grant 

to the State of Mississippi for an interoperable communications system required in the aftermath of Hurricane Katrina. 

SEC. 604. The Department of Homeland Security Appropriations Act, 2009 (Public Law 110–329) is amended under the heading ‘‘Federal Emergency Management Agency, Management and Administration’’ after ‘‘the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et seq.),’’ by adding 

‘‘Cerro Grande Fire Assistance Act of 2000 (division C, title I, 114 

Stat. 583),’’. 

SEC. 605. Notwithstanding any provision under (a)(1)(A) of 15 

U.S.C. 2229a specifying that grants must be used to increase the 

number of firefighters in fire departments, the Secretary of Homeland Security may, in making grants described under 15 U.S.C. 

2229a for fiscal year 2009 or fiscal year 2010, grant waivers from 

the requirements of subsection (a)(1)(B), subsection (c)(1), subsection 

(c)(2), and subsection (c)(4)(A), and may award grants for the hiring, rehiring, or retention of firefighters. 

SEC. 606. The Administrator of the Federal Emergency Management Agency shall extend through March 2010 reimbursement of 

State-run case management programs related to Hurricanes Katrina 

and Rita for individuals in such programs on April 30, 2009. 

SEC. 607. Section 552 of division E of the Consolidated Appropriations Act, 2008 (Public Law 110–161) is amended by striking 

‘‘local educational agencies’’ and inserting ‘‘primary or secondary 

school sites’’ and by inserting ‘‘and section 406(c)(2)’’ after ‘‘section 

406(c)(1)’’. 

SEC. 608. For purposes of qualification for loans made under 

the Disaster Assistance Direct Loan Program as allowed under Public Law 111–5 relating to disaster declaration FEMA–1791–DR 

(issued September 13, 2008) the base period for tax determining loss 

of revenue may be fiscal year 2009 or fiscal year 2010. 

SEC. 609. (a) FEDERAL SHARE OF DISASTER ASSISTANCE.—Notwithstanding any other provision of law, including any agreement, 

the Federal share of assistance, including direct Federal assistance 

provided under section 406 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5172), for damages resulting from Hurricane Ike (FEMA–1791–DR and FEMA–1792–DR), 

shall be 90 percent of the eligible costs under such section and shall 

be 100 percent of such costs under sections 403 and 407 of such Act 

(42 U.S.C. 5170b and 5173). 

(b) Notwithstanding any other provision of law, including any 

agreement, the Federal share of assistance, including direct Federal 

assistance provided under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), for 

FEMA–1841–DR shall be 90 percent of the eligible costs under such 

section and shall be 100 percent of such costs under sections 403 

and 407 of such Act (42 U.S.C. 5170b and 5173). 

(c) Notwithstanding any other provision of law, including any 

agreement, the Federal share of assistance, including direct Federal 

assistance provided under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), for 

FEMA–1838–DR shall be 90 percent of the eligible costs under such 


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26 

section and shall be 100 percent of such costs under sections 403 

and 407 of such Act (42 U.S.C. 5170b and 5173). 

(d) APPLICABILITY.—The Federal share provided by subsections 

(a), (b), and (c) shall apply to disaster assistance provided before, 

on, or after the date of enactment of this Act. 

TITLE VII 

DEPARTMENT OF THE INTERIOR 

DEPARTMENT-WIDE PROGRAMS

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount to cover necessary expenses for wildfire suppression and emergency rehabilitation activities of the Department of the Interior, $50,000,000, to remain available until expended: Provided, That such funds shall only become available if 

funds provided previously for wildland fire suppression will be exhausted imminently and after the Secretary of the Interior notifies 

the Committees on Appropriations of the House of Representatives 

and the Senate in writing of the need for these additional funds: 

Provided further, That the Secretary of the Interior may transfer 

any of these funds to the Secretary of Agriculture if the transfer enhances the efficiency or effectiveness of Federal wildland fire suppression activities. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

For an additional amount to cover necessary expenses for wildfire suppression and emergency rehabilitation activities of the Forest 

Service, $200,000,000, to remain available until expended: Provided, That such funds shall only become available if funds provided previously for wildland fire suppression will be exhausted imminently and after the Secretary of Agriculture notifies the Committees on Appropriations of the House of Representatives and the Senate in writing of the need for these additional funds: Provided further, That the Secretary of Agriculture may transfer not more than 

$50,000,000 of these funds to the Secretary of the Interior if the 

transfer enhances the efficiency or effectiveness of Federal wildland 

fire suppression activities. 

GENERAL PROVISION—THIS TITLE 

SEC. 701. Public Law 111–8, division E, title III, Department 

of Health and Human Services, Agency for Toxic Substances and 

Disease Registry, Toxic Substances and Environmental Public 

Health is amended by inserting ‘‘per eligible employee’’ after 

‘‘$1,000’’. 


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TITLE VIII 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

ADMINISTRATION FOR CHILDREN AND FAMILIES

REFUGEE AND ENTRANT ASSISTANCE

For an additional amount for ‘‘Refugee and Entrant Assistance’’ 

for necessary expenses for unaccompanied alien children as authorized by section 462 of the Homeland Security Act of 2002 and section 235 of the William Wilberforce Trafficking Victims Protection 

Reauthorization Act of 2008, $82,000,000, to remain available 

through September 30, 2011. 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’ to prepare for and respond to an influenza 

pandemic, including the development and purchase of vaccine, 

antivirals, necessary medical supplies, diagnostics, and other surveillance tools and to assist international efforts and respond to 

international needs relating to the 2009–H1N1 influenza outbreak, 

$1,850,000,000, to remain available until expended: Provided, That 

no less than $350,000,000 shall be for upgrading State and local capacity: Provided further, That no less than $200,000,000 shall be 

transferred to the Centers for Disease Control and Prevention to 

carry out global and domestic disease surveillance, laboratory capacity and research, laboratory diagnostics, risk communication, 

rapid response, and quarantine: Provided further, That products 

purchased with these funds may, at the discretion of the Secretary 

of Health and Human Services (‘‘Secretary’’), be deposited in the 

Strategic National Stockpile under section 319F–2 of the Public 

Health Service Act: Provided further, That notwithstanding section 

496(b) of the Public Health Service Act, funds may be used for the 

construction or renovation of privately owned facilities for the production of pandemic influenza vaccine and other biologics, where 

the Secretary finds such a contract necessary to secure sufficient 

supplies of such vaccines or biologics: Provided further, That funds 

appropriated in this paragraph and not specifically designated in 

this paragraph may be transferred to, and merged with, other appropriation accounts of the Department of Health and Human Services and other Federal agencies, as determined by the Secretary to 

be appropriate, to be used for the purposes specified in this paragraph and to the fund authorized by section 319F–4 of the Public 

Health Service Act: Provided further, That transfers to other Federal agencies shall be made in consultation with the Director of the 

Office of Management and Budget: Provided further, That 15 days 

prior to transferring any funds in this paragraph, the Secretary 

shall notify the Committees on Appropriations of the House of Representatives and the Senate of any such transfer and the planned 

uses of the funds: Provided further, That the transfer authority proVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00027 Fmt 6659 Sfmt 6603 E:\HR\OC\HR151.XXX HR151

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vided in this paragraph is in addition to any other transfer authority available in this or any other Act. 

For an additional amount for ‘‘Public Health and Social Services Emergency Fund’’ to prepare for and respond to an influenza 

pandemic, including the development and purchase of vaccine, 

antivirals, necessary medical supplies, diagnostics, and other surveillance tools and to assist international efforts and respond to 

international needs, $5,800,000,000, to remain available until expended: Provided, That products purchased with these funds may, 

at the discretion of the Secretary of Health and Human Services, be 

deposited in the Strategic National Stockpile under section 319F–2 

of the Public Health Service Act: Provided further, That funds provided in this paragraph shall be available for obligation only in the 

amounts designated by the President in one or more written notices 

to the Congress as emergency funds required to address critical 

needs related to emerging influenza viruses: Provided further, That 

funds appropriated in this paragraph may be transferred to, and 

merged with, other appropriation accounts of the Department of 

Health and Human Services and other Federal agencies to be used 

for the purposes specified in this paragraph and to the fund authorized by section 319F–4 of the Public Health Service Act: Provided 

further, That transfers to other Federal agencies shall be made in 

consultation with the Director of the Office of Management and 

Budget: Provided further, That none of the funds provided in this 

paragraph shall be made available for obligation until 15 days following the submittal of a detailed obligation plan to the Committees 

on Appropriations of the House of Representatives and the Senate 

by the Department of Health and Human Services or any other Federal agency receiving funds: Provided further, That such plan shall 

be coordinated with the Executive Office of the President, shall identify the amounts and the activities for which funds are specified by 

the President, and shall be subject to reprogramming procedures: 

Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this 

or any other Act. 

GENERAL PROVISIONS—THIS TITLE 

(TRANSFER OF FUNDS)

SEC. 801. Section 801(a) of division A of Public Law 111–5 is 

amended by inserting ‘‘, and may be transferred by the Department 

of Labor to any other account within the Department for such purposes’’ before the end period. 

SEC. 802. Title II of division F of the Omnibus Appropriations 

Act, 2009 (Public Law 111–8) is amended under the heading ‘‘Children and Families Services Programs’’— 

(1) by striking the first proviso in its entirety; and 

(2) by striking ‘‘Provided further’’ the first place it appears 

and inserting ‘‘Provided’’. 

SEC. 803. The Commissioner of the Rehabilitation Services Administration, or the Director of a designated State unit that has approval to make awards under section 723 of the Rehabilitation Act, 

may allocate funds appropriated under the American Reinvestment 

and Recovery Act of 2009 (Public Law 111–5) (‘‘ARRA’’) for the Centers for Independent Living Program among centers in a State withVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00028 Fmt 6659 Sfmt 6603 E:\HR\OC\HR151.XXX HR151

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out regard to the priority in section 722(e)(3) or section 723(e)(3) of 

the Rehabilitation Act of 1973 for funding new centers if the allocation is consistent with the provisions of the State plan submitted 

under section 704 of the Rehabilitation Act and approved by the 

Commissioner. Such funds and other Independent Living funds 

available under ARRA that are being set aside by the Department 

of Education for competitive grants may be used to support multiyear grants of up to 5 years and may be expended by any recipients 

of such multi-year grants during the project period of the grant, notwithstanding any provision in the Rehabilitation Act limiting the 

period of availability for obligation or expenditure by the grantee. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 804. (a) Notwithstanding any other provision of law, during the period from September 1 through September 30, 2009, the 

Secretary of Education shall transfer to the Career, Technical, and 

Adult Education account an amount not to exceed $10,260,000 from 

amounts that would otherwise lapse at the end of fiscal year 2009 

and that were originally made available under the Department of 

Education Appropriations Act, 2009 or any Department of Education Appropriations Act for a previous fiscal year. 

(b) Funds transferred under this section to the Career, Technical, and Adult Education account shall be obligated by September 

30, 2009. 

(c) Any amounts transferred pursuant to this section shall be 

for carrying out Adult Education State Grants, and shall be allocated, notwithstanding any other provision of law, only to those 

States that received funds under that program for fiscal year 2009 

that were at least 9.9 percent less than those States received under 

that program for fiscal year 2008. 

(d) The Secretary shall use these additional funds to increase 

those States’ allocations under that program up to the amount they 

received under that program for fiscal year 2008. 

(e) The Secretary shall notify the Committees on Appropriations 

of both Houses of Congress of any transfer pursuant to this section. 

TITLE IX 

LEGISLATIVE BRANCH 

CAPITOL POLICE 

GENERAL EXPENSES

For an additional amount for ‘‘Capitol Police, General Expenses’’, $71,606,000, to purchase and install a new radio system for 

the U.S. Capitol Police, to remain available until September 30, 

2012: Provided, That the Chief of the Capitol Police may not obligate any of the funds appropriated under this heading without approval of an obligation plan by the Committees on Appropriations 

of the Senate and the House of Representatives. 


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CONGRESSIONAL BUDGET OFFICE 

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, 

$2,000,000, to remain available until September 30, 2010. 

TITLE X 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

(INCLUDING RESCISSION)

For an additional amount for ‘‘Military Construction, Army’’, 

$1,326,231,000, of which $680,850,000 shall remain available until 

September 30, 2010, and of which $645,381,000 for child development centers, warrior in transition facilities, hurricane damage repair, and planning and design shall remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out 

planning and design and military construction projects not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $68,081,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That none of the funds provided under this 

heading for military construction projects in Afghanistan shall be 

obligated or expended until the Secretary of Defense certifies to the 

Committees on Appropriations of both Houses of Congress that a 

prefinancing statement for each project has been submitted to the 

North Atlantic Treaty Organization (NATO) for consideration of 

funding by the NATO Security Investment Program: Provided further, That, notwithstanding any other provision of this Act, of the 

funds provided under this heading, $143,242,000 are designated as 

an emergency requirement and necessary to meet emergency needs 

pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th 

Congress), the concurrent resolution on the budget for fiscal year 

2010: Provided further, That of the funds appropriated for ‘‘Military 

Construction, Army’’ under Public Law 110–252, $143,242,000 are 

hereby rescinded. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy and 

Marine Corps’’, $235,881,000, to remain available until September 

30, 2013: Provided, That notwithstanding any other provision of 

law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise 

authorized by law: Provided further, That of the funds provided 

under this heading, not to exceed $11,000,000 shall be available for 

study, planning, design, and architect and engineer services. 

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air 

Force’’, $281,620,000, of which $258,150,000 shall remain available 

until September 30, 2010, and of which $23,470,000 for child develVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\HR151.XXX HR151

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opment centers and planning and design shall remain available 

until September 30, 2013: Provided, That notwithstanding any 

other provision of law, such funds may be obligated and expended 

to carry out planning and design and military construction projects 

not otherwise authorized by law: Provided further, That of the funds 

provided under this heading, not to exceed $12,070,000 shall be 

available for study, planning, design, and architect and engineer 

services: Provided further, That none of the funds provided under 

this heading for military construction projects in Afghanistan shall 

be obligated or expended until the Secretary of Defense certifies to 

the Committees on Appropriations of both Houses of Congress that 

a prefinancing statement for each project has been submitted to the 

North Atlantic Treaty Organization (NATO) for consideration of 

funding by the NATO Security Investment Program. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

For an additional amount for ‘‘Military Construction, DefenseWide’’, $661,552,000, to remain available until September 30, 2013: 

Provided, That notwithstanding any other provision of law, such 

funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the amount provided under this heading, $169,500,000 shall be for the construction 

of a National Security Agency data center and $488,000,000 shall 

be for the construction of hospitals: Provided further, That 

$1,589,500,000 is hereby authorized for the National Security Agency data center for fiscal years 2009 through 2013 for the purposes 

of this appropriation: Provided further, That not later than 30 days 

after the enactment of this Act, the Secretary of Defense shall submit 

to the Committees on Appropriations of both Houses of Congress an 

expenditure plan for the funds provided for hospital construction 

under this heading. 

NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM

For an additional amount for ‘‘North Atlantic Treaty Organization Security Investment Program’’, $100,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, such funds are authorized for the North Atlantic 

Treaty Security Investment Program for purposes of section 2806 of 

title 10, United States Code, and section 2502 of the Military Construction Authorization Act for Fiscal Year 2009 (division B of Public Law 110–417). 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base 

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$263,300,000, to remain available until expended: Provided, That 

notwithstanding any other provision of law, such funds may be obligated and expended to carry out operation and maintenance, planning and design and military construction projects not otherwise 

authorized by law. 


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GENERAL PROVISIONS—THIS TITLE 

SEC. 1001. None of the funds appropriated in this or any other 

Act may be used to disestablish, reorganize, or relocate the Armed 

Forces Institute of Pathology, except for the Armed Forces Medical 

Examiner and the National Museum of Health and Medicine, until 

the President has established, as required by section 722 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 

110–181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint Pathology Center, and the Joint Pathology Center is demonstrably performing the 

minimum requirements set forth in section 722 of the National Defense Authorization Act for Fiscal Year 2008. 

SEC. 1002. (a) ENTITLEMENT.—Section 3311 of title 38, United 

States Code, is amended— 

(1) in subsection (b), by adding at the end the following 

new paragraph: 

‘‘(9) An individual who is the child of a person who, on or 

after September 11, 2001, dies in line of duty while serving on 

active duty as a member of the Armed Forces.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f) MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP.— 

‘‘(1) IN GENERAL.—Educational assistance payable by reason of paragraph (9) of subsection (b) shall be known as the 

‘Marine Gunnery Sergeant John David Fry scholarship’. 

‘‘(2) DEFINITION OF CHILD.—For purposes of that paragraph, the term ‘child’ includes a married individual or an individual who is above the age of twenty-three years.’’. 

(b) AMOUNT.—Section 3313(c)(1) of such title is amended by 

striking ‘‘section 3311(b)(1) or 3311(b)(2)’’ and inserting ‘‘paragraph 

(1), (2), or (9) of section 3311(b)’’. 

(c) TIME LIMITATION FOR USE.—Section 3321(b) of such title is 

amended by adding at the end the following new paragraph: 

‘‘(4) APPLICABILITY TO CHILDREN OF DECEASED MEMBERS.— 

The period during which an individual entitled to educational 

assistance by reason of section 3311(b)(9) may use such individual’s entitlement expires at the end of the 15-year period beginning on the date of such individual’s eighteenth birthday.’’. 

(d) EFFECTIVE DATE; APPLICABILITY.— 

(1) EFFECTIVE DATE.—The amendments made by this section shall take effect on August 1, 2009. 

(2) APPLICABILITY.—The Secretary of Veterans Affairs shall 

begin making payments to individuals entitled to educational 

assistance by reason of paragraph (9) of section 3311(b) of title 

38, United States Code, as added by subsection (a), by not later 

than August 1, 2010. In the case of an individual entitled to 

educational assistance by reason of such paragraph for the period beginning on August 1, 2009, and ending on July 31, 2010, 

the Secretary shall make retroactive payments to such individual for such period by not later than August 1, 2010. 


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TITLE XI 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Pro- grams’’, $997,890,000, to remain available until September 30, 

2010, of which $146,358,000 is for Worldwide Security Protection 

and shall remain available until expended: Provided, That the Secretary of State may transfer up to $137,600,000 of the funds made 

available under this heading to any other appropriation of any department or agency of the United States, upon the concurrence of 

the head of such department or agency, to support operations in and 

assistance for Afghanistan and to carry out the provisions of the 

Foreign Assistance Act of 1961: Provided further, That of the funds 

appropriated under this heading, up to $10,000,000 for public diplomacy activities may be transferred to, and merged with, funds 

made available under the heading ‘‘International Broadcasting Operations’’ for broadcasting activities to the Pakistan-Afghanistan 

border region. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Office of Inspector General’’, $24,122,000, to remain available until September 30, 2010, of which 

$7,000,000 shall be transferred to the Special Inspector General for 

Iraq Reconstruction for reconstruction oversight, and $7,200,000 

shall be transferred to the Special Inspector General for Afghanistan Reconstruction for reconstruction oversight: Provided, That the 

Special Inspector General for Afghanistan Reconstruction may exercise the authorities of subsections (b) through (i) of section 3161 of 

title 5, United States Code (without regard to subsection (a) of such 

section) for funds made available for fiscal years 2009 and 2010: 

Provided further, That the Inspector General of the United States 

Department of State and the Broadcasting Board of Governors, the 

Special Inspector General for Iraq Reconstruction, the Special Inspector General for Afghanistan Reconstruction, and the Inspector 

General of the United States Agency for International Development 

shall coordinate and integrate the programming of funds made 

available under this heading in fiscal year 2009 for oversight of programs in Afghanistan, Pakistan and Iraq: Provided further, That 

the Secretary of State shall submit to the Committees on Appropriations, within 30 days of completion, the annual comprehensive audit 

plan for the Middle East and South Asia developed by the Southwest Asia Joint Planning Group in accordance with section 842 of 

Public Law 110–181. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction, 

and Maintenance’’, $921,500,000, to remain available until 


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expended, for worldwide security upgrades, acquisition, and construction as authorized, and shall be made available for secure diplomatic facilities and housing for United States mission staff in 

Afghanistan and Pakistan, and for mobile mail screening units. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International 

Peacekeeping Activities’’, $721,000,000, to remain available until 

September 30, 2010. 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, 

$157,600,000, to remain available until September 30, 2010. 

CAPITAL INVESTMENT FUND

For an additional amount for ‘‘Capital Investment Fund’’, 

$48,500,000, to remain available until expended. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, $3,500,000, to remain available until September 30, 2010, for oversight of programs in Afghanistan and Pakistan. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

GLOBAL HEALTH AND CHILD SURVIVAL

For an additional amount for ‘‘Global Health and Child Survival’’, $150,000,000, to remain available until September 30, 2010: 

Provided, That $50,000,000 shall be made available for pandemic 

preparedness and response: Provided further, That $100,000,000 

shall be made available, notwithstanding any other provision of 

law, except for the United States Leadership Against HIV/AIDS, 

Tuberculosis and Malaria Act of 2003 (Public Law 108–25), for a 

United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further, That notwithstanding 

any other provision of law, to include minimum funding requirements or funding directives, if the President determines and reports 

to the Committees on Appropriations that the human-to-human 

transmission of the H1N1 virus is efficient and sustained, severe, 

and is spreading internationally, funds made available under the 

headings ‘‘Global Health and Child Survival’’, ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Millennium Challenge Corporation’’ in prior Acts making appropriations for the Department 

of State, foreign operations, and related programs may be made 

available to combat the H1N1 virus: Provided further, That funds 


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made available pursuant to the authority of the previous proviso 

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $270,000,000, to remain available until expended. 

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Economic Support Fund’’, 

$2,973,601,000, to remain available until September 30, 2010: Provided, That of the funds made available under this heading for assistance for the West Bank and Gaza, $2,000,000 shall be transferred to, and merged with, funds available under the heading 

‘‘United States Agency for International Development, Funds Appropriated to the President, Office of Inspector General’’ to conduct 

oversight of programs in the West Bank and Gaza: Provided further, That of the amounts made available for assistance for the West 

Bank and Gaza, not more than $200,000,000 may be made available for cash transfer assistance to the Palestinian Authority: Provided further, That none of the funds made available under this 

heading for cash transfer assistance to the Palestinian Authority 

may be obligated for salaries of personnel of the Palestinian Authority located in Gaza: Provided further, That of the funds appropriated under this heading, up to $10,000,000 may be made available for humanitarian assistance in Burma for individuals and 

communities impacted by Cyclone Nargis, notwithstanding any 

other provision of law: Provided further, That of the funds appropriated under this heading for assistance for Afghanistan and Pakistan, assistance may be provided notwithstanding any provision of 

law that restricts assistance to foreign countries for cross border stabilization and development programs between Afghanistan and 

Pakistan or between either country and the Central Asian republics, 

and shall be administered by the Special Representative for Afghanistan and Pakistan at the Department of State: Provided further, 

That none of the funds appropriated in this title for democracy and 

civil society programs may be made available for the construction 

of facilities in the United States. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For an additional amount for ‘‘Assistance for Europe, Eurasia and Central Asia’’, $272,000,000, to remain available until September 30, 2010, of which $242,000,000 shall be available for assistance for Georgia: Provided, That funds appropriated under this 

heading may be made available for assistance for other Eurasian 

countries to meet unanticipated requirements only if the Secretary 

of State determines and reports to the Committees on Appropriations that to do so is in the national security interests of the United 

States: Provided further, That of the funds appropriated under this 

heading, $30,000,000 may be made available for assistance for the 

Kyrgyz Republic to provide a long-range air traffic control and safety system to support air operations in the Kyrgyz Republic, includVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00035 Fmt 6659 Sfmt 6603 E:\HR\OC\HR151.XXX HR151

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ing at Manas International Airport, notwithstanding any other provision of law: Provided further, That funds appropriated under this 

heading shall be subject to prior consultation with, and the regular 

notification procedures of, the Committees on Appropriations. 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

and Law Enforcement’’, $487,500,000, to remain available until 

September 30, 2010: Provided, That not less than $160,000,000 

shall be made available for assistance for Mexico to combat drug 

trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law 

activities: Provided further, That funds made available pursuant to 

the previous proviso shall be made available subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that notifications shall be transmitted at least 5 days in advance of the obligation of any funds appropriated under this heading: Provided further, That none of the 

funds appropriated in this title may be made available for the cost 

of fuel for aircraft provided to Mexico, or for operations and maintenance of aircraft purchased by the Government of Mexico: Provided 

further, That in order to enhance border security and cooperation 

in law enforcement efforts between Mexico and the United States, 

funds appropriated in this title that are available for assistance for 

Mexico may be made available for the procurement of law enforcement communications equipment only if such equipment utilizes 

open standards and is compatible with, and capable of operating 

with, radio communications systems and related equipment utilized 

by Federal law enforcement agencies in the United States to enhance border security and cooperation in law enforcement efforts between Mexico and the United States. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Programs’’, $102,000,000, to remain 

available until September 30, 2010, of which up to $77,000,000 may 

be made available for the Nonproliferation and Disarmament Fund, 

notwithstanding any other provision of law, to promote bilateral 

and multilateral activities relating to nonproliferation, disarmament and weapons destruction, and shall remain available until 

expended: Provided, That funds made available for the Nonproliferation and Disarmament Fund shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That the Secretary of 

State shall work assiduously to facilitate the regular flow of people 

and licit goods in and out of Gaza at established border crossings. 

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’, $390,000,000, to remain available until expended. 


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INTERNATIONAL SECURITY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’, 

$185,000,000, to remain available until September 30, 2010: Provided, That up to $168,000,000 may be made available for assistance for Somalia, of which up to $115,900,000 may be used to pay 

assessed expenses of international peacekeeping activities in Somalia: Provided further, That of the funds appropriated under this 

heading, $15,000,000 shall be made available for assistance for the 

Democratic Republic of the Congo and $2,000,000 shall be made 

available for the Multinational Force and Observer mission in the 

Sinai. 

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For an additional amount for ‘‘International Military Education and Training’’, $2,000,000, to remain available until September 30, 2010, for assistance for Iraq. 

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $1,294,000,000, to remain available until September 30, 

2010: Provided, That not less than $260,000,000 shall be made 

available for assistance for the Mexican Navy and shall be available 

notwithstanding section 7045(e) of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8): Provided further, That funds made 

available pursuant to the previous proviso shall be available notwithstanding section 36(b) of the Arms Export Control Act: Provided 

further, That of the funds appropriated under this heading, not less 

than $150,000,000 shall be made available for assistance for Jordan: Provided further, That of the funds appropriated under this 

heading, not less than $555,000,000, shall be available for grants 

only for Israel and shall be disbursed not later than October 30, 

2009: Provided further, That to the extent that the Government of 

Israel requests that funds be used for such purposes, grants made 

available for Israel by this paragraph shall, as agreed by the United 

States and Israel, be available for advanced weapons systems, of 

which $145,965,000 shall be available for the procurement in Israel 

of defense articles and defense services, including research and development: Provided further, That of the funds appropriated under 

this heading, not less than $260,000,000 shall be made available for 

grants only for Egypt, including for border security programs and 

activities in the Sinai: Provided further, That funds appropriated 

pursuant to the previous proviso estimated to be outlayed for Egypt 

shall be transferred to an interest bearing account for Egypt in the 

Federal Reserve Bank of New York not later than October 30, 2009: 

Provided further, That up to $69,000,000 may be made available for 

assistance for Lebanon. 


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38 

PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

(INCLUDING TRANSFER OF FUNDS)

There is hereby established in the Treasury of the United States 

a special account to be known as the ‘‘Pakistan Counterinsurgency 

Capability Fund’’. For necessary expenses to carry out the provisions 

of chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the 

Foreign Assistance Act of 1961 and section 23 of the Arms Export 

Control Act for counterinsurgency activities in Pakistan, 

$700,000,000, which shall become available on September 30, 2009, 

and remain available until September 30, 2011: Provided, That 

such funds shall be available to the Secretary of State, with the concurrence of the Secretary of Defense, notwithstanding any other provision of law, for the purpose of providing assistance for Pakistan 

to build and maintain the counterinsurgency capability of Pakistani 

security forces (including the Frontier Corps), to include program 

management and the provision of equipment, supplies, services, 

training, and facility and infrastructure repair, renovation, and 

construction: Provided further, That such funds may be transferred 

by the Secretary of State to the Department of Defense or other Federal departments or agencies to support counterinsurgency operations and may be merged with and be available for the same purposes and for the same time period as the appropriation or fund to 

which transferred, or may be transferred pursuant to the authorities 

contained in the Foreign Assistance Act of 1961: Provided further, 

That the Secretary of State shall, not fewer than 15 days prior to 

making transfers from this appropriation, notify the Committees on 

Appropriations, and the congressional defense and foreign affairs 

committees, in writing of the details of any such transfer: Provided 

further, That the Secretary of State shall submit not later than 30 

days after the end of each fiscal quarter to the Committees on Appropriations a report summarizing, on a project-by-project basis, the 

transfer of funds from this appropriation: Provided further, That 

upon determination by the Secretary of Defense or head of other 

Federal department or agency, with the concurrence of the Secretary 

of State, that all or part of the funds so transferred from this appropriation are not necessary for the purposes herein, such amounts 

may be transferred by the head of the relevant Federal department 

or agency back to this appropriation and shall be available for the 

same purposes and for the same time period as originally appropriated: Provided further, That any required notification or report 

may be submitted in classified or unclassified form. 

GENERAL PROVISIONS—THIS TITLE 

EXTENSION OF AUTHORITIES

SEC. 1101. Funds appropriated in this title may be obligated 

and expended notwithstanding section 10 of Public Law 91–672, 

section 15 of the State Department Basic Authorities Act of 1956, 

section 313 of the Foreign Relations Authorization Act, Fiscal Years 

1994 and 1995 (Public Law 103–236), and section 504(a)(1) of the 

National Security Act of 1947 (50 U.S.C. 414(a)(1)). 


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AFGHANISTAN

SEC. 1102. (a) IN GENERAL.—Funds appropriated in this title 

under the heading ‘‘Economic Support Fund’’ that are available for 

assistance for Afghanistan shall be made available, to the maximum extent practicable, in a manner that utilizes Afghan entities 

and emphasizes the participation of Afghan women and directly improves the security, economic and social well-being, and political 

status, of Afghan women and girls. 

(b) ASSISTANCE FOR WOMEN AND GIRLS.— 

(1) Funds appropriated in this title for assistance for Afghanistan shall comply with sections 7062 and 7063 of Public 

Law 111–8, and shall be made available to support programs 

that increase participation by women in the political process, 

including at the national, provincial, and sub-provincial levels, 

and in efforts to improve security in Afghanistan. 

(2) Of the funds appropriated for assistance for Afghanistan in fiscal year 2009 under the headings ‘‘Economic Support 

Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’, not less than $150,000,000 shall be made available to 

support programs that directly address the needs of Afghan 

women and girls, including for the Afghan Independent Human 

Rights Commission, the Afghan Ministry of Women’s Affairs, 

and for women-led nongovernmental organizations. 

(c) PROCUREMENT OF AFGHAN PRODUCTS AND SERVICES.— 

(1) IN GENERAL.—Funds made available for assistance for 

Afghanistan in this title and in prior acts appropriating funds 

for Department of State, foreign operations, and related programs, may be used to conduct procurements and to award assistance instruments in which— 

(A) competition is limited to products, services, or 

sources that are from Afghanistan; 

(B) procedures other than competitive procedures are 

used to award a contract or assistance instrument to a particular source or sources from Afghanistan; or 

(C) a preference is provided for products, services, or 

sources that are from Afghanistan. 

(2) PRODUCTS, SERVICES, AND SOURCES FROM AFGHANISTAN.—For the purposes of this section: 

(A) A product is from Afghanistan if it is mined, produced, or manufactured in Afghanistan. 

(B) A service is from Afghanistan if it is performed in 

Afghanistan by citizens or permanent resident aliens of Afghanistan. 

(C) A source is from Afghanistan if it— 

(i) is located in Afghanistan; and 

(ii) offers products or services that are from Afghanistan. 

(3) REPORTING AND CONSULTING REQUIREMENT.—Not less 

than 180 days after enactment of this Act the Secretary of State 

shall submit a report to the Committees on Appropriations on 

efforts undertaken by the Department of State and the United 

States Agency for International Development (USAID) to utilize 

this authority in order to enhance participation by Afghan entities in development activities in Afghanistan: Provided, That 


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40 

the Secretary of State and the Administrator of USAID shall 

consult with the Committees on Appropriations regarding the 

exercise of the authority of this subsection and prior to submitting the report required by this paragraph: Provided further, 

That the exercise of such authority in excess of $15,000,000 for 

any single contract or assistance instrument is subject to the 

regular notification procedures of the Committees on Appropriations. 

(d) ANTICORRUPTION.—Ten percent of the funds appropriated 

under the heading ‘‘International Narcotics Control and Law Enforcement’’ that are available for assistance for the Government of 

Afghanistan shall be withheld from obligation until the Secretary of 

State reports to the Committees on Appropriations that the Government of Afghanistan is implementing a policy to promptly remove 

from office any government official who is credibly alleged to have 

engaged in narcotics trafficking, gross violations of human rights, 

or other major crimes. 

(e) ACQUISITION OF PROPERTY.—Not more than $20,000,000 of 

the funds appropriated in this title should be made available to pay 

for the acquisition of property for diplomatic facilities in Afghanistan. 

(f) UNITED NATIONS DEVELOPMENT PROGRAM.—Funds appropriated in this title may be made available for programs and activities of the United Nations Development Program (UNDP) in Afghanistan if the Secretary of State reports to the Committees on Appropriations that UNDP is fully cooperating with efforts of the 

United States Agency for International Development (USAID) to investigate expenditures by UNDP of USAID funds associated with 

the Quick Impact Program in Afghanistan. 

(g) NATIONAL SOLIDARITY PROGRAM.—Of the funds appropriated in this title under the heading ‘‘Economic Support Fund’’ 

that are available for assistance for Afghanistan, not less than 

$70,000,000 shall be made available for the National Solidarity 

Program. 

(h) AIRWINGS.—The uses and oversight of aircraft purchased or 

leased by the Department of State and the United States Agency for 

International Development by funds appropriated by this Act or 

prior Acts making appropriations for the Department of State, foreign operations and related programs shall be coordinated under 

the authority of the United States Chief of Mission in Afghanistan: 

Provided, That such aircraft may be used to transport Federal and 

non-Federal personnel supporting the Department of State and 

United States Agency for International Development programs and 

activities: Provided further, That official travel for other agencies 

for other purposes may be supported on a reimbursable basis, or 

without reimbursement when traveling on a space available basis. 

ALLOCATIONS

SEC. 1103. (a) Funds appropriated in this title for the following 

accounts shall be made available for programs and countries in the 

amounts contained in the respective tables included in the joint 

statement accompanying this Act: 

(1) ‘‘Diplomatic and Consular Programs’’. 

(2) ‘‘Embassy Security, Construction, and Maintenance’’. 

(3) ‘‘Economic Support Fund’’. 


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41 

(4) ‘‘International Narcotics Control and Law Enforcement’’. 

(b) For the purposes of implementing this section, and only with 

respect to the tables included in the joint statement accompanying 

this Act, the Secretary of State and the Administrator of the United 

States Agency for International Development, as appropriate, may 

propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961. 

SPENDING PLAN AND NOTIFICATION PROCEDURES

SEC. 1104. (a) SPENDING PLAN.—Not later than 45 days after 

the enactment of this Act, the Secretary of State, in consultation 

with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations a report detailing planned expenditures for funds appropriated in this title, except for funds appropriated under the headings ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’. 

(b) NOTIFICATION.—Funds made available in this title shall be 

subject to the regular notification procedures of the Committees on 

Appropriations and section 634A of the Foreign Assistance Act of 

1961. 

GLOBAL FINANCIAL CRISIS

SEC. 1105. (a) IN GENERAL.—Of the funds appropriated in this 

title under the heading ‘‘Economic Support Fund’’, not more than 

$255,601,000 may be made available for assistance for vulnerable 

populations in developing countries severely affected by the global 

financial crisis that— 

(1) have a 2007 per capita Gross National Income of $3,705 

or less; 

(2) have seen a contraction in predicted growth rates of 2 

percent or more since 2007; and 

(3) demonstrate consistent improvement on the democracy 

and governance indicators as measured by the Millennium 

Challenge Corporation 2009 Country Scorebook. 

(b) TRANSFER AUTHORITIES.—Of the funds appropriated in this 

title under the heading ‘‘Economic Support Fund’’ for developing 

countries impacted by the global financial crisis— 

(1) up to $29,000,000 may be transferred and merged with 

‘‘Development Credit Authority’’, for the cost of direct loans and 

loan guarantees notwithstanding the dollar limitations in such 

account on transfers to the account and the principal amount 

of loans made or guaranteed with respect to any single country 

or borrower: Provided, That such transferred funds may be 

available to subsidize total loan principal, any portion of which 

is to be guaranteed, of up to $2,000,000,000: Provided further, 

That the authority provided by the previous proviso is in addition to authority provided under the heading ‘‘Development 

Credit Authority’’ in Public Law 111–8: Provided further, That 

up to $1,500,000 may be for administrative expenses to carry 

out credit programs administered by the United States Agency 

for International Development; and 


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42 

(2) up to $20,000,000 may be transferred to, and merged 

with, ‘‘Overseas Private Investment Corporation Program Account’’: Provided, That the authority provided in this paragraph 

is in addition to authority provided in section 7081 in Public 

Law 111–8. 

(c) REPROGRAMMING AUTHORITY.—Notwithstanding any other 

provision of law, funds appropriated under the heading ‘‘Millennium Challenge Corporation’’ (MCC) in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for programs and activities 

to assist vulnerable populations severely affected by the global financial crisis in a country that has signed a compact with the MCC 

or has been designated by the MCC as a threshold country: Provided, That such a modification of a compact or threshold program 

by the MCC should be made, if practicable, prior to making available additional assistance for such purposes: Provided further, That 

the MCC shall consult with the Committees on Appropriations prior 

to exercising the authority of this subsection. 

(d) REPORT.—The Secretary of State, in consultation with the 

Administrator of the United States Agency for International Development (USAID), shall submit a spending plan not later than 45 

days after the date of enactment of this Act to the Committees on 

Appropriations, and prior to the initial obligation of funds appropriated for countries impacted by the global economic crisis, detailing the use of all funds on a country-by-country, and project-byproject basis: Provided, That for each project, the report shall include (1) the projected long-term economic impact of providing such 

funds; (2) the name of the entity or implementing organization to 

which funds are being provided; (3) whether funds will be provided 

as a direct cash transfer to a local or national government entity; 

and (4) an assessment of whether USAID has reviewed its existing 

programs in such country to determine reprogramming opportunities to increase assistance for vulnerable populations: Provided further, That funds transferred to the Development Credit Authority 

and the Overseas Private Investment Corporation are subject to the 

reporting requirements in section 1104. 

IRAQ

SEC. 1106. (a) IN GENERAL.—Funds appropriated in this title 

that are available for assistance for Iraq shall be made available, 

to the maximum extent practicable, in a manner that utilizes Iraqi 

entities. 

(b) MATCHING REQUIREMENT.—Funds appropriated in this title 

for assistance for Iraq shall be made available in accordance with 

the Department of State’s April 9, 2009, ‘‘Guidelines for Government 

of Iraq Financial Participation in United States Government-Funded Civilian Foreign Assistance Programs and Projects’’. 

(c) OTHER ASSISTANCE.—Of the funds appropriated in this title 

under the heading ‘‘Economic Support Fund’’, not less than 

$15,000,000 shall be made available for targeted development programs and activities in areas of conflict in Iraq, and the responsibility for policy decisions and justifications for the use of such funds 

shall be the responsibility of the United States Chief of Mission in 

Iraq. 


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PROHIBITION ON ASSISTANCE TO HAMAS

SEC. 1107. (a) None of the funds appropriated in this title may 

be made available for assistance to Hamas, or any entity effectively 

controlled by Hamas or any power-sharing government of which 

Hamas is a member. 

(b) Notwithstanding the limitation of subsection (a), assistance 

may be provided to a power-sharing government only if the President certifies in writing and reports to the Committees on Appropriations that such government, including all of its ministers or 

such equivalent, has publicly accepted and is complying with the 

principles contained in section 620K(b)(1)(A) and (B) of the Foreign 

Assistance Act of 1961. 

(c) The President may exercise the authority in section 620K(e) 

of the Foreign Assistance Act as added by the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446) with respect to this section. 

(d) Whenever the certification pursuant to subsection (b) is exercised, the Secretary of State shall submit a report to the Committees 

on Appropriations within 120 days of the certification and every 

quarter thereafter on whether such government, including all of its 

ministers or such equivalent, are continuing to comply with the 

principles contained in section 620K(b)(1)(A) and (B) of the Foreign 

Assistance Act of 1961. The report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any 

direct support of such government. 

TERMS AND CONDITIONS

SEC. 1108. Unless otherwise provided for in this Act, funds appropriated or otherwise made available in this title shall be available under the authorities and conditions provided in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8), except that 

sections 7070(e), with respect to funds made available for macroeconomic growth assistance for Zimbabwe, and 7042(a) and (c) of 

such Act shall not apply to funds made available in this title. 

MULTILATERAL DEVELOPMENT BANK REPLENISHMENTS

SEC. 1109. (a) INTERNATIONAL DEVELOPMENT ASSOCIATION.— 

The International Development Association Act (22 U.S.C. 284 et 

seq.) is amended by adding at the end thereof the following: 

‘‘SEC. 24. FIFTEENTH REPLENISHMENT. 

‘‘(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United 

States $3,705,000,000 to the fifteenth replenishment of the resources 

of the Association, subject to obtaining the necessary appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,705,000,000 for payment by the Secretary of the Treasury. 

‘‘SEC. 25. MULTILATERAL DEBT RELIEF. 

‘‘(a) The Secretary of the Treasury is authorized to contribute, 

on behalf of the United States, not more than $356,000,000 to the 


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44 

International Development Association for the purpose of funding 

debt relief under the Multilateral Debt Relief Initiative in the period 

governed by the fifteenth replenishment of resources of the International Development Association, subject to obtaining the necessary 

appropriations and without prejudice to any funding arrangements 

in existence on the date of the enactment of this section. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $356,000,000 for payment 

by the Secretary of the Treasury. 

‘‘(c) In this section, the term ‘Multilateral Debt Relief Initiative’ 

means the proposal set out in the G8 Finance Ministers’ Communique entitled ‘Conclusions on Development,’ done at London, June 

11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles 

Summit on July 8, 2005.’’. 

(b) AFRICAN DEVELOPMENT FUND.—The African Development 

Fund Act (22 U.S.C. 290 et seq.) is amended by adding at the end 

thereof the following: 

‘‘SEC. 219. ELEVENTH REPLENISHMENT. 

‘‘(a) The United States Governor of the African Development 

Fund is authorized to contribute on behalf of the United States 

$468,165,000 to the eleventh replenishment of the resources of the 

Fund, subject to obtaining the necessary appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $468,165,000 for payment by the Secretary of the Treasury. 

‘‘SEC. 220. MULTILATERAL DEBT RELIEF INITIATIVE. 

‘‘(a) The Secretary of the Treasury is authorized to contribute, 

on behalf of the United States, not more than $26,000,000 to the African Development Fund for the purpose of funding debt relief 

under the Multilateral Debt Relief Initiative in the period governed 

by the eleventh replenishment of resources of the African Development Fund, subject to obtaining the necessary appropriations and 

without prejudice to any funding arrangements in existence on the 

date of the enactment of this section. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $26,000,000 for payment 

by the Secretary of the Treasury.’’. 

PROMOTION OF POLICY GOALS AT THE WORLD BANK GROUP

SEC. 1110. Title XVI of the International Financial Institutions 

Act (22 U.S.C. 262p et seq.) is amended by adding at the end thereof 

the following: 

‘‘SEC. 1626. REFORM OF THE ‘DOING BUSINESS’ REPORT OF THE 

WORLD BANK. 

‘‘(a) The Secretary of the Treasury shall instruct the United 

States Executive Directors at the International Bank for Reconstruction and Development, the International Development Association, 

and the International Finance Corporation of the following United 

States policy goals, and to use the voice and vote of the United 

States to actively promote and work to achieve these goals: 


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‘‘(1) Suspension of the use of the ‘Employing Workers’ Indicator for the purpose of ranking or scoring country performance 

in the annual Doing Business Report of the World Bank until 

a set of indicators can be devised that fairly represent the value 

of internationally recognized workers’ rights, including core 

labor standards, in creating a stable and favorable environment 

for attracting private investment. The indicators shall bring to 

bear the experiences of the member governments in dealing with 

the economic, social and political complexity of labor market 

issues. The indicators should be developed through collaborative discussions with and between the World Bank, the International Finance Corporation, the International Labor Organization, private companies, and labor unions. 

‘‘(2) Elimination of the ‘Labor Tax and Social Contributions’ Subindicator from the annual Doing Business Report of 

the World Bank. 

‘‘(3) Removal of the ‘Employing Workers’ Indicator as a 

‘guidepost’ for calculating the annual Country Policy and Institutional Assessment score for each recipient country. 

‘‘(b) Within 60 days after the date of the enactment of this section, the Secretary of the Treasury shall provide an instruction to 

the United States Executive Directors referred to in subsection (a) to 

take appropriate actions with respect to implementing the policy 

goals of the United States set forth in subsection (a), and such instruction shall be posted on the website of the Department of the 

Treasury. 

‘‘SEC. 1627. ENHANCING THE TRANSPARENCY AND EFFECTIVENESS OF 

THE INSPECTION PANEL PROCESS OF THE WORLD BANK. 

‘‘(a) ENHANCING TRANSPARENCY IN IMPLEMENTATION OF MANAGEMENT ACTION PLANS.—The Secretary of the Treasury shall direct the United States Executive Directors at the World Bank to seek 

to ensure that World Bank Procedure 17.55, which establishes the 

operating procedures of Management with regard to the Inspection 

Panel, provides that Management prepare and make available to 

the public semiannual progress reports describing implementation 

of Action Plans considered by the Board; allow and receive comments from Requesters and other Affected Parties for two months 

after the date of disclosure of the progress reports; post these comments on World Bank and Inspection Panel websites (after receiving 

permission from the requestors to post with or without attribution); 

submit the reports to the Board with any comments received; and 

make public the substance of any actions taken by the Board after 

Board consideration of the reports. 

‘‘(b) SAFEGUARDING THE INDEPENDENCE AND EFFECTIVENESS OF

THE INSPECTION PANEL.—The Secretary of the Treasury shall direct 

the United States Executive Directors at the World Bank to continue 

to promote the independence and effectiveness of the Inspection 

Panel, including by seeking to ensure the availability of, and access 

by claimants to, the Inspection Panel for projects supported by 

World Bank resources. 

‘‘(c) EVALUATION OF COUNTRY SYSTEMS.—The Secretary of the 

Treasury shall direct the United States Executive Directors at the 

World Bank to request an evaluation by the Independent Evaluation 

Group on the use of country environmental and social safeguard 

systems to determine the degree to which, in practice, the use of 


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such systems provides the same level of protection at the project 

level as do the policies and procedures of the World Bank. 

‘‘(d) WORLD BANK DEFINED.—In this section, the term ‘World 

Bank’ means the International Bank for Reconstruction and Development and the International Development Association.’’. 

CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING

SEC. 1111. Title XIII of the International Financial Institutions 

Act (22 U.S.C. 262m et seq.) is amended by adding at the end thereof the following: 

‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING. 

‘‘(a) USE OF GREENHOUSE GAS ACCOUNTING.—The Secretary of 

the Treasury shall seek to ensure that multilateral development 

banks (as defined in section 1701(c)(4) of this Act) adopt and implement greenhouse gas accounting in analyzing the benefits and costs 

of individual projects (excluding those with de minimus greenhouse 

gas emissions) for which funding is sought from the bank. 

‘‘(b) EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES.— 

The Secretary of the Treasury shall work to ensure that the multilateral development banks (as defined in section 1701(c)(4)) expand 

their activities supporting climate change mitigation by— 

‘‘(1) significantly expanding support for investments in energy efficiency and renewable energy, including zero carbon 

technologies; 

‘‘(2) reviewing all proposed infrastructure investments to 

ensure that all opportunities for integrating energy efficiency 

measures have been considered; 

‘‘(3) increasing the dialogue with the governments of developing countries regarding— 

‘‘(A) analysis and policy measures needed for low carbon emission economic development; and 

‘‘(B) reforms needed to promote private sector investments in energy efficiency and renewable energy, including 

zero carbon technologies; and 

‘‘(4) integrate low carbon emission economic development 

objectives into multilateral development bank country strategies. 

‘‘(c) REPORT TO CONGRESS.—Not later than 1 year after the date 

of the enactment of this section, and annually thereafter, the Secretary of the Treasury shall submit a report on the status of efforts 

to implement this section to the Committee on Foreign Relations 

and the Committee on Appropriations of the Senate and the Committee on Financial Services and the Committee on Appropriations 

of the House of Representatives.’’. 

MULTILATERAL DEVELOPMENT BANK REFORM

SEC. 1112. (a) BUDGET DISCLOSURE.—The Secretary of the 

Treasury shall seek to ensure that the multilateral development 

banks make timely, public disclosure of their operating budgets including expenses for staff, consultants, travel and facilities. 

(b) EVALUATION.—The Secretary of the Treasury shall seek to 

ensure that multilateral development banks rigorously evaluate the 

development impact of selected bank projects, programs, and financVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00046 Fmt 6659 Sfmt 6603 E:\HR\OC\HR151.XXX HR151

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ing operations, and emphasize use of random assignment in conducting such evaluations, where appropriate and to the extent feasible. 

(c) EXTRACTIVE INDUSTRIES.—The Secretary of the Treasury 

shall direct the United States Executive Directors at the multilateral 

development banks to promote the endorsement of the Extractive Industry Transparency Initiative (EITI) by these institutions and the 

integration of the principles of the EITI into extractive industry-related projects that are funded by the multilateral development 

banks. 

(d) REPORT.—Not later than September 30, 2009, the Secretary 

of the Treasury shall submit a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate, 

and the Committee on Appropriations and the Committee on Financial Services of the House of Representatives detailing actions taken 

by the multilateral development banks to achieve the objectives of 

this section. 

(e) COORDINATION OF DEVELOPMENT POLICY.—The Secretary of 

the Treasury shall consult with the Secretary of State, the Administrator of the United States Agency for International Development, 

and other Federal agencies, as appropriate, in the formulation and 

implementation of United States policy relating to the development 

activities of the World Bank Group. 

OVERSEAS COMPARABILITY PAY ADJUSTMENT

SEC. 1113. (a) Subject to such regulations prescribed by the Secretary of State, including with respect to phase-in schedule and 

treatment as basic pay, and notwithstanding any other provision of 

law, funds appropriated for this fiscal year in this or any other Act 

may be used to pay an eligible member of the Foreign Service as defined in subsection (b) of this section a locality-based comparability 

payment (stated as a percentage) up to the amount of the localitybased comparability payment (stated as a percentage) that would be 

payable to such member under section 5304 of title 5, United States 

Code if such member’s official duty station were in the District of 

Columbia. 

(b) A member of the Service shall be eligible for a payment 

under this section only if the member is designated class 1 or below 

for purposes of section 403 of the Foreign Service Act of 1980 (22 

U.S.C. 3963) and the member’s official duty station is not in the 

continental United States or in a non-foreign area, as defined in 

section 591.205 of title 5, Code of Federal Regulations. 

(c) The amount of any locality-based comparability payment 

that is paid to a member of the Foreign Service under this section 

shall be subject to any limitations on pay applicable to localitybased comparability payments under section 5304 of title 5, United 

States Code. 

REFUGEE PROGRAMS AND OVERSIGHT

(INCLUDING TRANSFER OF FUNDS)

SEC. 1114. (a) FUNDING.—Of the funds appropriated in this 

title under the heading ‘‘Migration and Refugee Assistance’’, up to 


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$119,000,000 may be made available to the United Nations Relief 

and Works Agency for activities in the West Bank and Gaza. 

(b) OVERSIGHT.—Of the funds made available in this title under 

the heading ‘‘Economic Support Fund’’ for assistance for the West 

Bank and Gaza, $1,000,000 shall be transferred to, and merged 

with, funds available under the heading ‘‘Administration of Foreign 

Affairs, Office of Inspector General’’ for oversight of programs in the 

West Bank, Gaza and surrounding region. 

TECHNICAL AND OTHER PROVISIONS

SEC. 1115. (a) MODIFICATION.—Title III of division H of Public 

Law 111–8 is amended under the heading ‘‘Economic Support 

Fund’’ in the second proviso by striking ‘‘up to $20,000,000’’ and inserting ‘‘not less than $20,000,000’’. 

(b) NOTIFICATION REQUIREMENT.—Funds appropriated by this 

Act that are transferred to the Department of State or the United 

States Agency for International Development from any other Federal 

department or agency shall be subject to the regular notification 

procedures of the Committees on Appropriations, notwithstanding 

any other provision of law. 

(c) REEMPLOYMENT OF ANNUITANTS.— 

(1) Section 824 of the Foreign Service Act of 1980 (22 

U.S.C. 4064) is amended in subsection (g)(1) by inserting 

‘‘, Pakistan,’’ after ‘‘Iraq’’ each place it appears; and, in subsection (g)(2) by striking ‘‘2009’’ and inserting instead ‘‘2010’’. 

(2) Section 61 of the State Department Basic Authorities 

Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1) by 

adding 

‘‘, Pakistan,’’ after ‘‘Iraq’’ each place it appears; and, in subsection (a)(2) by striking ‘‘2008’’ and inserting instead ‘‘2010’’. 

(3) Section 625 of the Foreign Assistance Act of 1961 (22 

U.S.C. 2385) is amended in subsection (j)(1)(A) by adding ‘‘, 

Pakistan,’’ after ‘‘Iraq’’ each place it appears; and, in subsection 

(j)(1)(B) by striking ‘‘2008’’ and inserting instead ‘‘2010’’. 

(d) INCENTIVES FOR CRITICAL POSTS.—Notwithstanding sections 5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United States Code, 

appropriations made available by this or any other Act may be used 

to pay recruitment, relocation, and retention bonuses under chapter 

57 of title 5, United States Code to members of the Foreign Service, 

other than chiefs of mission and ambassadors at large, who are on 

official duty in Iraq, Afghanistan, or Pakistan. This authority shall 

terminate on October 1, 2010. 

(e) Of the funds appropriated under the heading ‘‘Foreign Military Financing Program’’ in Public Law 110–161 that are available 

for assistance for Colombia, $500,000 may be transferred to, and 

merged with, funds appropriated under the heading ‘‘International 

Narcotics Control and Law Enforcement’’ to provide medical and rehabilitation assistance for members of Colombian security forces 

who have suffered severe injuries. 

AFGHANISTAN AND PAKISTAN COMMITMENT AND CAPABILITIES REPORT

SEC. 1116. (a) REPORTING REQUIREMENT.—Not later than the 

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tees, in classified form if necessary, assessing the extent to which the 

Afghan and Pakistani governments are demonstrating the necessary 

commitment, capability, conduct and unity of purpose to warrant 

the continuation of the President’s policy announced on March 27, 

2009, to include: 

(1) the level of political consensus and unity of purpose 

across ethnic, tribal, religious and political party affiliations to 

confront the political and security challenges facing the region; 

(2) the level of government corruption that undermines such 

political consensus and unity of purpose, and actions taken to 

eliminate it; 

(3) the actions taken by respective security forces and appropriate government entities in developing a counterinsurgency 

capability, conducting counterinsurgency operations and establishing security and governance on the ground; 

(4) the actions taken by respective intelligence agencies in 

cooperating with the United States on counterinsurgency and 

counterterrorism operations and in terminating policies and 

programs, and removing personnel, that provide material support to extremist networks that target United States troops or 

undermine United States objectives in the region; 

(5) the ability of the Afghan and Pakistani governments to 

effectively control and govern the territory within their respective borders; and 

(6) the ways in which United States Government assistance 

contributed, or failed to contribute, to achieving the actions outlined above. 

(b) POLICY ASSESSMENT.—The President, on the basis of information gathered and coordinated by the National Security Council, 

shall advise the appropriate congressional committees on how such 

assessment requires, or does not require, changes to such policy. 

(c) DEFINITION.—For purposes of this section, ‘‘appropriate congressional committees’’ means the Committees on Appropriations, 

Foreign Relations and Armed Services of the Senate, and the Committees on Appropriations, Foreign Affairs and Armed Services of 

the House of Representatives. 

UNITED STATES POLICY REPORT ON AFGHANISTAN AND PAKISTAN

SEC. 1117. (a) STATEMENT OF OBJECTIVES.—Not later than 90 

days after the date of the enactment of this Act, the President shall 

submit to the appropriate congressional committees a clear statement of the objectives of United States policy with respect to Afghanistan and Pakistan, and the metrics to be utilized to assess 

progress toward achieving such objectives. 

(b) REPORTING REQUIREMENT.—Not later than March 30, 2010 

and every 180 days thereafter until September 30, 2011, the President, in consultation with Coalition partners as appropriate, shall 

submit to the appropriate congressional committees a report, in classified form if necessary, setting forth the following: 

(1) a description and assessment of the progress of United 

States Government efforts, including those of the Department of 

Defense, the Department of State, the United States Agency for 

International Development, and the Department of Justice, in 

achieving the objectives for Afghanistan and Pakistan in subsection (a); 


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(2) any modification of the metrics in subsection (a) in light 

of circumstances in Afghanistan or Pakistan, together with a 

justification for such modification; and 

(3) recommendations for the additional resources or authorities, if any, required to achieve such objectives for Afghanistan and Pakistan. 

(c) CLASSIFICATION.—Any report submitted in classified form 

shall include an unclassified annex or summary of the matters contained in the report. 

(d) DEFINITION.—For purposes of this section, ‘‘appropriate congressional committees’’ means— 

(1) the Committees on Armed Services, Appropriations, Foreign Relations, Homeland Security and Governmental Affairs, 

and the Judiciary, and the Select Committee on Intelligence of 

the Senate; and 

(2) the Committees on Armed Services, Appropriations, Foreign Affairs, Homeland Security, and the Judiciary, and the 

Permanent Select Committee on Intelligence of the House of 

Representatives. 

TITLE XII 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available under Public Law 111–8 

and funds authorized under subsection 41742(a)(1) of title 49, 

United States Code, to carry out the essential air service program, 

to be derived from the Airport and Airway Trust Fund, $13,200,000, 

to remain available until expended. 

FEDERAL AVIATION ADMINISTRATION

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

Of the amounts authorized under sections 48103 and 48112 of 

title 49, United States Code, $13,200,000 are permanently rescinded 

from amounts authorized for the fiscal year ending September 30, 

2008. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 1201. Section 1937(d) of Public Law 109–59 (119 Stat. 

1144, 1510) is amended— 

(1) in paragraph (1) by striking ‘‘expenditures’’ each place 

that it appears and inserting ‘‘allocations’’; and 

(2) in paragraph (2) by striking ‘‘expenditure’’ and inserting 

‘‘allocation’’. 


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51 

SEC. 1202. A recipient and subrecipient of funds appropriated 

in Public Law 111–5 and apportioned pursuant to section 5311 and 

section 5336 (other than subsection (i)(1) and (j)) of title 49, United 

States Code, may use up to 10 percent of the amount apportioned 

for the operating costs of equipment and facilities for use in public 

transportation or for eligible activities under section 5311(f): Provided, That a grant obligating such funds on or after February 17, 

2009, may be amended to allow a recipient and subrecipient to use 

the funds made available for operating assistance: Provided further, 

That applicable chapter 53 requirements apply, except for the Federal share which shall be, at the option of the recipient, up to 100 

percent. 

SEC. 1203. Public Law 110–329, under the heading ‘‘ProjectBased Rental Assistance’’, is amended by striking ‘‘project-based 

vouchers’’ and all that follows up to the period and inserting ‘‘activities and assistance for the provision of tenant-based rental assistance, including related administrative expenses, as authorized 

under the United States Housing Act of 1937, as amended (42 

U.S.C. 1437 et seq.), $80,000,000, to remain available until expended: Provided, That such funds shall be made available within 

60 days of the enactment of this Act: Provided further, That in carrying out the activities authorized under this heading, the Secretary 

shall waive section (o)(13)(B) of the United States Housing Act of 

1937 (42 U.S.C. 1437f(o)(13)(B))’’. 

SEC. 1204. Public Law 111–5 is amended by striking the second 

proviso under the heading ‘‘HOME Investment Partnerships Program’’ and inserting ‘‘Provided further, That the housing credit 

agencies in each State shall distribute these funds competitively 

under this heading and pursuant to their qualified allocation plan 

(as defined in section 42(m) of the Internal Revenue Code of 1986) 

to owners of projects who have received or receive simultaneously an 

award of low-income housing tax credits under sections 42(h) and 

1400N of the Internal Revenue Code of 1986:’’. 

SEC. 1205. Notwithstanding Section 1606, amounts made available under Division A of Public Law 111–5 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) shall be subject to 42 

U.S.C. 1437j; for the ‘‘Community Development Fund’’ to carry out 

the community development block grant program under title I of the 

Housing and Community Development Act of 1974 (42 U.S.C. 5301 

et seq.) shall be subject to 42 U.S.C. 5310 (or a waiver under 42 

U.S.C. 5307(e)(2)); for ‘‘Native American Housing Block Grants,’’ as 

authorized under title I of the Native American Housing Assistance 

and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.) 

(‘‘NAHASDA’’) shall be subject to 25 U.S.C. 4114(b); and for a housing entity eligible to receive funding under title VIII of NAHASDA 

(25 U.S.C. 4221 et seq.) shall be subject to 25 U.S.C. 4225(b). 


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TITLE XIII—CONSUMER ASSISTANCE TO RECYCLE AND 

SAVE PROGRAM 

SEC. 1301. SHORT TITLE. 

This title may be cited as the ‘‘Consumer Assistance to Recycle 

and Save Act of 2009’’. 

SEC. 1302. CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM. 

(a) ESTABLISHMENT.—There is established in the National 

Highway Traffic Safety Administration a voluntary program to be 

known as the ‘‘Consumer Assistance to Recycle and Save Program’’ 

through which the Secretary, in accordance with this section and 

the regulations promulgated under subsection (d), shall— 

(1) authorize the issuance of an electronic voucher, subject 

to the specifications set forth in subsection (c), to offset the purchase price or lease price for a qualifying lease of a new fuel 

efficient automobile upon the surrender of an eligible trade-in 

vehicle to a dealer participating in the Program; 

(2) register dealers for participation in the Program and require that all registered dealers— 

(A) accept vouchers as provided in this section as partial payment or down payment for the purchase or qualifying lease of any new fuel efficient automobile offered for 

sale or lease by that dealer; and 

(B) in accordance with subsection (c)(2), transfer each 

eligible trade-in vehicle surrendered to the dealer under the 

Program to an entity for disposal; 

(3) in consultation with the Secretary of the Treasury, make 

electronic payments to dealers for eligible transactions by such 

dealers, in accordance with the regulations issued under subsection (d); and 

(4) in consultation with the Secretary of the Treasury and 

the Inspector General of the Department of Transportation, establish and provide for the enforcement of measures to prevent 

and penalize fraud under the program. 

(b) QUALIFICATIONS FOR AND VALUE OF VOUCHERS.—A voucher 

issued under the Program shall have a value that may be applied 

to offset the purchase price or lease price for a qualifying lease of 

a new fuel efficient automobile as follows: 

(1) $3,500 VALUE.—The voucher may be used to offset the 

purchase price or lease price of the new fuel efficient automobile 

by $3,500 if— 

(A) the new fuel efficient automobile is a passenger 

automobile and the combined fuel economy value of such 

automobile is at least 4 miles per gallon higher than the 

combined fuel economy value of the eligible trade-in vehicle; 

(B) the new fuel efficient automobile is a category 1 

truck and the combined fuel economy value of such truck 

is at least 2 miles per gallon higher than the combined fuel 

economy value of the eligible trade-in vehicle; 

(C) the new fuel efficient automobile is a category 2 

truck that has a combined fuel economy value of at least 

15 miles per gallon and— 

(i) the eligible trade-in vehicle is a category 2 truck 

and the combined fuel economy value of the new fuel 

efficient automobile is at least 1 mile per gallon higher 


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53 

than the combined fuel economy value of the eligible 

trade-in vehicle; or 

(ii) the eligible trade-in vehicle is a category 3 

truck of model year 2001 or earlier; or 

(D) the new fuel efficient automobile is a category 3 

truck and the eligible trade-in vehicle is a category 3 truck 

of model year of 2001 or earlier and is of similar size or 

larger than the new fuel efficient automobile as determined 

in a manner prescribed by the Secretary. 

(2) $4,500 VALUE.—The voucher may be used to offset the 

purchase price or lease price of the new fuel efficient automobile 

by $4,500 if— 

(A) the new fuel efficient automobile is a passenger 

automobile and the combined fuel economy value of such 

automobile is at least 10 miles per gallon higher than the 

combined fuel economy value of the eligible trade-in vehicle; 

(B) the new fuel efficient automobile is a category 1 

truck and the combined fuel economy value of such truck 

is at least 5 miles per gallon higher than the combined fuel 

economy value of the eligible trade-in vehicle; or 

(C) the new fuel efficient automobile is a category 2 

truck that has a combined fuel economy value of at least 

15 miles per gallon and the combined fuel economy value 

of such truck is at least 2 miles per gallon higher than the 

combined fuel economy value of the eligible trade-in vehicle 

and the eligible trade-in vehicle is a category 2 truck. 

(c) PROGRAM SPECIFICATIONS.— 

(1) LIMITATIONS.— 

(A) GENERAL PERIOD OF ELIGIBILITY.—A voucher issued 

under the Program shall be used only in connection with 

the purchase or qualifying lease of new fuel efficient automobiles that occur between July 1, 2009 and November 1, 

2009. 

(B) NUMBER OF VOUCHERS PER PERSON AND PER

TRADE-IN VEHICLE.—Not more than 1 voucher may be 

issued for a single person and not more than 1 voucher 

may be issued for the joint registered owners of a single eligible trade-in vehicle. 

(C) NO COMBINATION OF VOUCHERS.—Only 1 voucher 

issued under the Program may be applied toward the purchase or qualifying lease of a single new fuel efficient automobile. 

(D) CAP ON FUNDS FOR CATEGORY 3 TRUCKS.—Not more 

than 7.5 percent of the total funds made available for the 

Program shall be used for vouchers for the purchase or 

qualifying lease of category 3 trucks. 

(E) COMBINATION WITH OTHER INCENTIVES PERMITTED.—The availability or use of a Federal, State, or 

local incentive or a State-issued voucher for the purchase or 

lease of a new fuel efficient automobile shall not limit the 

value or issuance of a voucher under the Program to any 

person otherwise eligible to receive such a voucher. 

(F) NO ADDITIONAL FEES.—A dealer participating in 

the program may not charge a person purchasing or leasVerDate Nov 24 2008 01:06 Jun 14, 2009 Jkt 050159 PO 00000 Frm 00053 Fmt 6659 Sfmt 6603 E:\HR\OC\HR151.XXX HR151

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ing a new fuel efficient automobile any additional fees associated with the use of a voucher under the Program. 

(G) NUMBER AND AMOUNT.—The total number and 

value of vouchers issued under the Program may not exceed 

the amounts appropriated for such purpose. 

(2) DISPOSITION OF ELIGIBLE TRADE-IN VEHICLES.— (A) IN GENERAL.—For each eligible trade-in vehicle surrendered to a dealer under the Program, the dealer shall 

certify to the Secretary, in such manner as the Secretary 

shall prescribe by rule, that the dealer— 

(i) has not and will not sell, lease, exchange, or 

otherwise dispose of the vehicle for use as an automobile in the United States or in any other country; 

and 

(ii) will transfer the vehicle (including the engine 

block), in such manner as the Secretary prescribes, to 

an entity that will ensure that the vehicle— 

(I) will be crushed or shredded within such period and in such manner as the Secretary prescribes; and 

(II) has not been, and will not be, sold, leased, 

exchanged, or otherwise disposed of for use as an 

automobile in the United States or in any other 

country. 

(B) SAVINGS PROVISION.—Nothing in subparagraph (A) 

may be construed to preclude a person who is responsible 

for ensuring that the vehicle is crushed or shredded from— 

(i) selling any parts of the disposed vehicle other 

than the engine block and drive train (unless with respect to the drive train, the transmission, drive shaft, 

or rear end are sold as separate parts); or 

(ii) retaining the proceeds from such sale. 

(C) COORDINATION.—The Secretary shall coordinate 

with the Attorney General to ensure that the National 

Motor Vehicle Title Information System and other publicly 

accessible systems are appropriately updated on a timely 

basis to reflect the crushing or shredding of vehicles under 

this section and appropriate reclassification of the vehicles’ 

titles. The commercial market shall also have electronic 

and commercial access to the vehicle identification numbers 

of vehicles that have been disposed of on a timely basis. 

(d) REGULATIONS.—Notwithstanding the requirements of section 

553 of title 5, United States Code, the Secretary shall promulgate 

final regulations to implement the Program not later than 30 days 

after the date of the enactment of this Act. Such regulations shall— 

(1) provide for a means of registering dealers for participation in the Program; 

(2) establish procedures for the reimbursement of dealers 

participating in the Program to be made through electronic 

transfer of funds for the amount of the vouchers as soon as 

practicable but no longer than 10 days after the submission of 

information supporting the eligible transaction, as deemed appropriate by the Secretary; 

(3) require the dealer to use the voucher in addition to any 

other rebate or discount advertised by the dealer or offered by 


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55 

the manufacturer for the new fuel efficient automobile and prohibit the dealer from using the voucher to offset any such other 

rebate or discount; 

(4) require dealers to disclose to the person trading in an 

eligible trade-in vehicle the best estimate of the scrappage value 

of such vehicle and to permit the dealer to retain $50 of any 

amounts paid to the dealer for scrappage of the automobile as 

payment for any administrative costs to the dealer associated 

with participation in the Program; 

(5) consistent with subsection (c)(2), establish requirements 

and procedures for the disposal of eligible trade-in vehicles and 

provide such information as may be necessary to entities engaged in such disposal to ensure that such vehicles are disposed 

of in accordance with such requirements and procedures, including— 

(A) requirements for the removal and appropriate disposition of refrigerants, antifreeze, lead products, mercury 

switches, and such other toxic or hazardous vehicle components prior to the crushing or shredding of an eligible 

trade-in vehicle, in accordance with rules established by the 

Secretary in consultation with the Administrator of the Environmental Protection Agency, and in accordance with 

other applicable Federal or State requirements; 

(B) a mechanism for dealers to certify to the Secretary 

that each eligible trade-in vehicle will be transferred to an 

entity that will ensure that the vehicle is disposed of, in accordance with such requirements and procedures, and to 

submit the vehicle identification numbers of the vehicles 

disposed of and the new fuel efficient automobile purchased 

with each voucher; 

(C) a mechanism for obtaining such other certifications 

as deemed necessary by the Secretary from entities engaged 

in vehicle disposal; and 

(D) a list of entities to which dealers may transfer eligible trade-in vehicles for disposal; and 

(6) provide for the enforcement of the penalties described in 

subsection (e). 

(e) ANTI-FRAUD PROVISIONS.— (1) VIOLATION.—It shall be unlawful for any person to violate any provision under this section or any regulations issued 

pursuant to subsection (d) (other than by making a clerical 

error). 

(2) PENALTIES.—Any person who commits a violation described in paragraph (1) shall be liable to the United States 

Government for a civil penalty of not more than $15,000 for 

each violation. The Secretary shall have the authority to assess 

and compromise such penalties, and shall have the authority to 

require from any entity the records and inspections necessary to 

enforce this program. In determining the amount of the civil 

penalty, the severity of the violation and the intent and history 

of the person committing the violation shall be taken into account. 

(f) INFORMATION TO CONSUMERS AND DEALERS.—Not later than 

30 days after the date of the enactment of this Act, and promptly 

upon the update of any relevant information, the Secretary, in conVerDate Nov 24 2008 01:06 Jun 14, 2009 Jkt 050159 PO 00000 Frm 00055 Fmt 6659 Sfmt 6603 E:\HR\OC\HR151.XXX HR151

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sultation with the Administrator of the Environmental Protection 

Agency, shall make available on an Internet website and through 

other means determined by the Secretary information about the Program, including— 

(1) how to determine if a vehicle is an eligible trade-in vehicle; 

(2) how to participate in the Program, including how to determine participating dealers; and 

(3) a comprehensive list, by make and model, of new fuel 

efficient automobiles meeting the requirements of the Program. 

Once such information is available, the Secretary shall conduct a 

public awareness campaign to inform consumers about the Program 

and where to obtain additional information. 

(g) RECORD KEEPING AND REPORT.— 

(1) DATABASE.—The Secretary shall maintain a database of 

the vehicle identification numbers of all new fuel efficient vehicles purchased or leased and all eligible trade-in vehicles disposed of under the Program. 

(2) REPORT ON EFFICACY OF THE PROGRAM.—Not later than 

60 days after the termination date described in subsection 

(c)(1)(A), the Secretary shall submit a report to the Committee 

on Energy and Commerce of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of 

the Senate describing the efficacy of the Program, including— 

(A) a description of Program results, including— 

(i) the total number and amount of vouchers issued 

for purchase or lease of new fuel efficient automobiles 

by manufacturer (including aggregate information concerning the make, model, model year) and category of 

automobile; 

(ii) aggregate information regarding the make, 

model, model year, and manufacturing location of vehicles traded in under the Program; and 

(iii) the location of sale or lease; 

(B) an estimate of the overall increase in fuel efficiency 

in terms of miles per gallon, total annual oil savings, and 

total annual greenhouse gas reductions, as a result of the 

Program; and 

(C) an estimate of the overall economic and employment effects of the Program. 

(h) EXCLUSION OF VOUCHERS FROM INCOME.— 

(1) FOR PURPOSES OF ALL FEDERAL AND STATE PROGRAMS.—A voucher issued under this program or any payment 

made for such a voucher pursuant to subsection (a)(3) shall not 

be regarded as income and shall not be regarded as a resource 

for the month of receipt of the voucher and the following 12 

months, for purposes of determining the eligibility of the recipient of the voucher (or the recipient’s spouse or other family or 

household members) for benefits or assistance, or the amount or 

extent of benefits or assistance, under any Federal or State program. 

(2) FOR PURPOSES OF TAXATION.—A voucher issued under 

the program or any payment made for such a voucher pursuant 

to subsection (a)(3) shall not be considered as gross income of 


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the purchaser of a vehicle for purposes of the Internal Revenue 

Code of 1986. 

(i) DEFINITIONS.—As used in this section— 

(1) the term ‘‘passenger automobile’’ means a passenger 

automobile, as defined in section 32901(a)(18) of title 49, 

United States Code, that has a combined fuel economy value of 

at least 22 miles per gallon; 

(2) the term ‘‘category 1 truck’’ means a nonpassenger automobile, as defined in section 32901(a)(17) of title 49, United 

States Code, that has a combined fuel economy value of at least 

18 miles per gallon, except that such term does not include a 

category 2 truck; 

(3) the term ‘‘category 2 truck’’ means a large van or a large 

pickup, as categorized by the Secretary using the method used 

by the Environmental Protection Agency and described in the 

report entitled ‘‘Light-Duty Automotive Technology and Fuel 

Economy Trends: 1975 through 2008’’; 

(4) the term ‘‘category 3 truck’’ means a work truck, as defined in section 32901(a)(19) of title 49, United States Code; 

(5) the term ‘‘combined fuel economy value’’ means— 

(A) with respect to a new fuel efficient automobile, the 

number, expressed in miles per gallon, centered below the 

words ‘‘Combined Fuel Economy’’ on the label required to 

be affixed or caused to be affixed on a new automobile pursuant to subpart D of part 600 of title 40, Code of Federal 

Regulations; 

(B) with respect to an eligible trade-in vehicle, the 

equivalent of the number described in subparagraph (A), 

and posted under the words ‘‘Estimated New EPA MPG’’ 

and above the word ‘‘Combined’’ for vehicles of model year 

1984 through 2007, or posted under the words ‘‘New EPA 

MPG’’ and above the word ‘‘Combined’’ for vehicles of 

model year 2008 or later on the fueleconomy.gov website of 

the Environmental Protection Agency for the make, model, 

and year of such vehicle; or 

(C) with respect to an eligible trade-in vehicle manufactured between model years 1978 through 1985, the equivalent of the number described in subparagraph (A) as determined by the Secretary (and posted on the website of the 

National Highway Traffic Safety Administration) using 

data maintained by the Environmental Protection Agency 

for the make, model, and year of such vehicle. 

(6) the term ‘‘dealer’’ means a person licensed by a State 

who engages in the sale of new automobiles to ultimate purchasers; 

(7) the term ‘‘eligible trade-in vehicle’’ means an automobile 

or a work truck (as such terms are defined in section 32901(a) 

of title 49, United States Code) that, at the time it is presented 

for trade-in under this section— 

(A) is in drivable condition; 

(B) has been continuously insured consistent with the 

applicable State law and registered to the same owner for 

a period of not less than 1 year immediately prior to such 

trade-in; 


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(C) was manufactured less than 25 years before the 

date of the trade-in; and 

(D) in the case of an automobile, has a combined fuel 

economy value of 18 miles per gallon or less; 

(8) the term ‘‘new fuel efficient automobile’’ means an automobile described in paragraph (1), (2), (3), or (4)— 

(A) the equitable or legal title of which has not been 

transferred to any person other than the ultimate purchaser; 

(B) that carries a manufacturer’s suggested retail price of $45,000 or less; 

(C) that— 

(i) in the case of passenger automobiles, category 1 

trucks, or category 2 trucks, is certified to applicable 

standards under section 86.1811–04 of title 40, Code of 

Federal Regulations; or 

(ii) in the case of category 3 trucks, is certified to 

the applicable vehicle or engine standards under section 86.1816–08, 86–007–11, or 86.008–10 of title 40, 

Code of Federal Regulations; and 

(D) that has the combined fuel economy value of at 

least— 

(i) 22 miles per gallon for a passenger automobile; 

(ii) 18 miles per gallon for a category 1 truck; or 

(iii) 15 miles per gallon for a category 2 truck; 

(9) the term ‘‘Program’’ means the Consumer Assistance to 

Recycle and Save Program established by this section; 

(10) the term ‘‘qualifying lease’’ means a lease of an automobile for a period of not less than 5 years; 

(11) the term ‘‘scrappage value’’ means the amount received 

by the dealer for a vehicle upon transferring title of such vehicle 

to the person responsible for ensuring the dismantling and destroying of the vehicle; 

(12) the term ‘‘Secretary’’ means the Secretary of Transportation acting through the National Highway Traffic Safety Administration; 

(13) the term ‘‘ultimate purchaser’’ means, with respect to 

any new automobile, the first person who in good faith purchases such automobile for purposes other than resale; 

(14) the term ‘‘vehicle identification number’’ means the 17 

character number used by the automobile industry to identify 

individual automobiles; and 

(15) the term ‘‘voucher’’ means an electronic transfer of 

funds to a dealer based on an eligible transaction under this 

program. 

(j) APPROPRIATION.—There is hereby appropriated to the Secretary of Transportation $1,000,000,000, of which up to $50,000,000 

is available for administration, to remain available until expended 

to carry out this section. 


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TITLE XIV 

OTHER MATTERS 

INTERNATIONAL ASSISTANCE PROGRAMS 

INTERNATIONAL MONETARY PROGRAMS 

UNITED STATES QUOTA, INTERNATIONAL MONETARY FUND

For an increase in the United States quota in the International 

Monetary Fund, the dollar equivalent of 4,973,100,000 Special 

Drawing Rights, to remain available until expended: Provided, That 

the cost of the amounts provided herein shall be determined as provided under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 

et. seq.): Provided further, That for purposes of section 502(5) of the 

Federal Credit Reform Act of 1990, the discount rate in section 

502(5)(E) shall be adjusted for market risks: Provided further, That 

section 504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C. 

661c(b)) shall not apply. 

LOANS TO INTERNATIONAL MONETARY FUND

For loans to the International Monetary Fund under section 

17(a)(2) and (b)(2) of the Bretton Woods Agreements Act (Public 

Law 87–490, 22 U.S.C. 286e–2), as amended by this Act pursuant 

to the New Arrangements to Borrow, the dollar equivalent of up to 

75,000,000,000 Special Drawing Rights, to remain available until 

expended, in addition to any amounts previously appropriated 

under section 17 of such Act: Provided, That if the United States 

agrees to an expansion of its credit arrangement in an amount less 

than the dollar equivalent of 75,000,000,000 Special Drawing 

Rights, any amount over the United States’ agreement shall not be 

available until further appropriated: Provided further, That the cost 

of the amounts provided herein shall be determined as provided 

under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.): 

Provided further, That for purposes of section 502(5) of the Federal 

Credit Reform Act of 1990, the discount rate in section 502(5)(E) 

shall be adjusted for market risks: Provided further, That section 

504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) 

shall not apply. 

GENERAL PROVISIONS—INTERNATIONAL ASSISTANCE 

PROGRAMS 

SEC. 1401. Section 17 of the Bretton Woods Agreements Act (22 

U.S.C. 286e–2) is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘(1)’’ before ‘‘In order to’’; and 

(B) by adding at the end the following: 

‘‘(2) In order to carry out the purposes of a one-time decision of the Executive Directors of the International Monetary 

Fund (the Fund) to expand the resources of the New Arrangements to Borrow, established pursuant to the decision of January 27, 1997 referred to in paragraph (1) above, and to make 

other amendments to the New Arrangements to Borrow to 

achieve an expanded and more flexible New Arrangements to 


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Borrow as contemplated by paragraph 17 of the G–20 Leaders’ 

Statement of April 2, 2009 in London, the Secretary of the 

Treasury is authorized to instruct the United States Executive 

Director to consent to such amendments notwithstanding subsection (d) of this section, and to make loans, in an amount not 

to exceed the dollar equivalent of 75,000,000,000 Special Drawing Rights, in addition to any amounts previously authorized 

under this section and limited to such amounts as are provided 

in advance in appropriations Acts, except that prior to activation, the Secretary of the Treasury shall report to Congress on 

whether supplementary resources are needed to forestall or cope 

with an impairment of the international monetary system and 

whether the Fund has fully explored other means of funding, to 

the Fund under article VII, section 1(i), of the Articles of Agreement of the Fund: Provided, That prior to instructing the 

United States Executive Director to provide consent to such 

amendments, the Secretary of the Treasury shall consult with 

the appropriate congressional committees on the amendments to 

be made to the New Arrangements to Borrow, including guidelines and criteria governing the use of its resources; the countries that have made commitments to contribute to the New Arrangements to Borrow and the amount of such commitments; 

and the steps taken by the United States to expand the number 

of countries so the United States share of the expanded New Arrangements to Borrow is representative of its share as of the 

date of enactment of this Act: Provided further, That any loan 

under the authority granted in this subsection shall be made 

with due regard to the present and prospective balance of payments and reserve position of the United States.’’. 

and 

(2) in subsection (b)— 

(A) by inserting ‘‘(1)’’ before ‘‘For the purpose of’’; 

(B) by inserting ‘‘subsection (a)(1) of’’ after ‘‘pursuant 

to’’; and 

(C) by adding at the end the following: 

‘‘(2) For the purpose of making loans to the International 

Monetary Fund pursuant to subsection (a)(2) of this section, 

there is hereby authorized to be appropriated not to exceed the 

dollar equivalent of 75,000,000,000 Special Drawing Rights, in 

addition to any amounts previously authorized under this section, except that prior to activation, the Secretary of the Treasury shall report to Congress on whether supplementary resources are needed to forestall or cope with an impairment of 

the international monetary system and whether the Fund has 

fully explored other means of funding, to remain available until 

expended to meet calls by the Fund. Any payments made to the 

United States by the Fund as a repayment on account of the 

principal of a loan made under this section shall continue to be 

available for loans to the Fund.’’. 

SEC. 1402. The Bretton Woods Agreements Act (22 U.S.C. 286 

et seq.) is amended by adding at the end the following: 

‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE FUND. 

‘‘The United States Governor of the Fund may agree to and accept the amendments to the Articles of Agreement of the Fund as 


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proposed in the resolutions numbered 63–2 and 63–3 of the Board 

of Governors of the Fund which were approved by such Board on 

April 28, 2008 and May 5, 2008, respectively. 

‘‘SEC. 65. QUOTA INCREASE. 

‘‘(a) IN GENERAL.—The United States Governor of the Fund 

may consent to an increase in the quota of the United States in the 

Fund equivalent to 4,973,100,000 Special Drawing Rights. 

‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority provided by 

subsection (a) shall be effective only to such extent or in such 

amounts as are provided in advance in appropriations Acts. 

‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE FUND’S 

GOLD. 

‘‘(a) The Secretary of the Treasury is authorized to instruct the 

United States Executive Director of the Fund to vote to approve the 

sale of up to 12,965,649 ounces of the Fund’s gold acquired since 

the second Amendment to the Fund’s Articles of Agreement, only if 

such sales are consistent with the guidelines agreed to by the Executive Board of the Fund described in the Report of the Managing Director to the International Monetary and Financial Committee on a 

New Income and Expenditure Framework for the International 

Monetary Fund (April 9, 2008) to prevent disruption to the world 

gold market: Provided, That at least 30 days prior to any such vote, 

the Secretary shall consult with the appropriate congressional committees regarding the use of proceeds from the sale of such gold: 

Provided further, That the Secretary of the Treasury shall seek to 

ensure that: 

‘‘(1) the Fund will provide support to low-income countries 

that are eligible for the Poverty Reduction and Growth Facility 

or other low-income lending from the Fund by making available 

Fund resources of not less than $4,000,000,000; 

‘‘(2) such Fund resources referenced above will be used to 

leverage additional support by a significant multiple to provide 

loans with substantial concessionality and debt service payment 

relief and/or grants, as appropriate to a country’s circumstances: 

‘‘(3) support provided through forgiveness of interest on 

concessional loans will be provided for not less than two years; 

and 

‘‘(4) the support provided to low-income countries occurs 

within six years, a substantial amount of which shall occur 

within the initial two years. 

‘‘(b) In addition to agreeing to and accepting the amendments 

referred to in section 64 of this Act relating to the use of proceeds 

from the sale of such gold, the United States Governor is authorized, consistent with subsection (a), to take such actions as may be 

necessary, including those referred to in section 5(e) of this Act, to 

also use such proceeds for the purpose of assisting low-income countries. 

‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES OF AGREEMENT OF THE FUND. 

‘‘The United States Governor of the Fund may agree to and accept the amendment to the Articles of Agreement of the Fund as proposed in the resolution numbered 54–4 of the Board of Governors 

of the Fund which was approved by such Board on October 22, 


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1997: Provided, That not more than one year after the acceptance 

of such amendments to the Fund’s Articles of Agreement, the Secretary of the Treasury shall submit a report to the appropriate congressional committees analyzing Special Drawing Rights, to include 

a discussion of how those countries that significantly use or acquire 

Special Drawing Rights in accordance with Article XIX, Section 

2(c), use or acquire them; the extent to which countries experiencing 

balance of payment difficulties exchange or use their Special Drawing Rights to acquire reserve currencies; and the manner in which 

those reserve currencies are acquired when utilizing Special Drawing Rights.’’. 

SEC. 1403. (a) Not later than 30 days after enactment of this 

Act, the Secretary of the Treasury, in consultation with the Executive Director of the World Bank and the Executive Board of the 

International Monetary Fund (the Fund), shall submit a report to 

the appropriate congressional committees detailing the steps taken 

to coordinate the activities of the World Bank and the Fund to avoid 

duplication of missions and programs, and steps taken by the Department of the Treasury and the Fund to increase the oversight 

and accountability of the Fund’s activities. 

(b) For the purposes of this title, ‘‘appropriate congressional 

committees’’ means the Committees on Appropriations, Banking, 

Housing, and Urban Affairs, and Foreign Relations of the Senate, 

and the Committees on Appropriations, Foreign Affairs, and Financial Services of the House of Representatives. 

(c) In the next report to Congress on international economic and 

exchange rate policies, the Secretary of the Treasury shall: (1) report 

on ways in which the Fund’s surveillance function under Article IV 

could be enhanced and made more effective in terms of avoiding 

currency manipulation; (2) report on the feasibility and usefulness 

of publishing the Fund’s internal calculations of indicative exchange 

rates; and (3) provide recommendations on the steps that the Fund 

can take to promote global financial stability and conduct effective 

multilateral surveillance. 

(d) The Secretary of the Treasury shall instruct the United 

States Executive Director of the International Monetary Fund to use 

the voice and vote of the United States to oppose any loan, project, 

agreement, memorandum, instrument, plan, or other program of the 

Fund to a Heavily Indebted Poor Country that imposes budget caps 

or restraints that do not allow the maintenance of or an increase in 

governmental spending on health care or education; and to promote 

government spending on health care, education, food aid, or other 

critical safety net programs in all of the Fund’s activities with respect to Heavily Indebted Poor Countries. 

SEC. 1404. Title XVI of the International Financial Institutions 

Act (22 U.S.C. 262p–262p–8) is amended by adding at the end the 

following: ‘‘The Secretary of the Treasury shall instruct the United 

States Executive Director at each of the International Financial Institutions (as defined in section 1701(c)(2) of this Act) to use the 

voice and vote of the United States to oppose the provision of loans 

or other use of the funds of the respective institution to any country 

the government of which the Secretary of State has determined, for 

purposes of section 6(j) of the Export Administration Act of 1979, 

section 620A of the Foreign Assistance Act of 1961, or section 40 of 


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the Arms Export Control Act, to be a government that has repeatedly provided support for acts of international terrorism.’’. 

GENERAL PROVISIONS—THIS ACT 

AVAILABILITY OF FUNDS

SEC. 14101. 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. 14102. (a) OVERSEAS DEPLOYMENTS DESIGNATIONS.—Except as provided in subsections (b) and (c), each amount in this Act 

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. 

(b) EMERGENCY DESIGNATIONS.—Each amount in titles I, II, IV, 

V, VII, VIII, IX, XII, XIII, XIV, and VI except for amounts under 

the heading ‘‘Coast Guard Operating Expenses’’ is designated as 

necessary to meet emergency needs pursuant to sections 403(a) and 

423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution 

on the budget for fiscal year 2010. 

(c) Subsection (a) shall not apply to the amounts rescinded in 

section 309 for ‘‘Operation and Maintenance, Marine Corps’’, ‘‘Operation and Maintenance, Air Force’’, and ‘‘Operation and Maintenance, Army Reserve’’. 

SEC. 14103. (a) None of the funds made available in this or any 

prior Act may be used to release an individual who is detained as 

of the date of enactment of this Act, at Naval Station, Guantanamo 

Bay, Cuba, into the continental United States, Alaska, Hawaii, or 

the District of Columbia. 

(b) None of the funds made available in this or any prior Act 

may be used to transfer an individual who is detained as of the date 

of enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, 

for the purpose of detention in the continental United States, Alaska, Hawaii, or the District of Columbia, except as provided in subsection (c). 

(c) None of the funds made available in this or any prior Act 

may be used to transfer an individual who is detained, as of the 

date of enactment of this Act, at Naval Station, Guantanamo Bay, 

Cuba, into the continental United States, Alaska, Hawaii, or the 

District of Columbia, for the purposes of prosecuting such individual, or detaining such individual during legal proceedings, until 

45 days after the plan detailed in subsection (d) is received. 

(d) The President shall submit to the Congress, in classified 

form, a plan regarding the proposed disposition of any individual 

covered by subsection (c) who is detained as of the date of enactment 

of this Act. Such plan shall include, at a minimum, each of the following for each such individual: 

(1) The findings of an analysis regarding any risk to the 

national security of the United States that is posed by the transfer of the individual. 

(2) The costs associated with transferring the individual in 

question. 

(3) The legal rationale and associated court demands for 

transfer. 


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(4) A plan for mitigation of any risk described in paragraph (1). 

(5) A copy of a notification to the Governor of the State to 

which the individual will be transferred or to the Mayor of the 

District of Columbia if the individual will be transferred to the 

District of Columbia 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. 

(e) None of the funds made available in this or any prior Act 

may be used to transfer or release an individual detained at Naval 

Station, Guantanamo Bay, Cuba, as of the date of enactment of this 

Act, to the country of such individual’s nationality or last habitual 

residence or to any other country other than the United States, unless the President submits to the Congress, in classified form 15 

days prior to such transfer, the following information: 

(1) The name of any individual to be transferred or released and the country 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 another country for acceptance of such individual, including the amount of any financial assistance related to such agreement. 

(f) 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. 

This Act may be cited as the ‘‘Supplemental Appropriations Act, 

2009’’. 

And the Senate agree to the same. 

DAVID R. OBEY, 

JOHN P. MURTHA, 

NITA M. LOWEY, 

ROSA L. DELAURO, 

CHET EDWARDS, 

Managers on the Part of the House. 

DANIEL K. INOUYE, 

ROBERT C. BYRD, 

PATRICK J. LEAHY, 

TOM HARKIN, 

BARBARA A. MIKULSKI, 

HERB KOHL, 

PATTY MURRAY, BYRON L. DORGAN, DIANNE FEINSTEIN, RICHARD J. DURBIN, TIM JOHNSON, MARY L. LANDRIEU, JACK REED, 


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FRANK R. LAUTENBERG, E. BENJAMIN NELSON, MARK PRYOR, JON TESTER, ARLEN SPECTER, THAD COCHRAN, KIT BOND, MITCH MCCONNELL, JUDD GREGG, ROBERT F. BENNETT, LAMAR ALEXANDER, SUSAN COLLINS, GEORGE V. VOINOVICH, LISA MURKOWSKI, Managers on the Part of the Senate. 


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(67) 

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2346) making supplemental appropriations for the fiscal year ending September 30, 2009, and for 

other purposes, submit the following joint statement to the House 

and Senate in explanation of the effect of the action agreed upon 

by the managers and recommended in the accompanying conference report. 

The Senate amendment to the text deleted the entire House 

bill after the enacting clause and inserted the Senate bill, as 

amended. This conference agreement includes a revised bill. 

Report language included by the House in the report accompanying H.R. 2346 (H. Rept. 111–105) and included by the Senate 

in the report accompanying S. 1054 (S. Rept. 111–20) should be 

complied with unless specifically addressed in this statement of the 

managers. The statement of the managers, while repeating some 

report language for emphasis, is not intended to negate the language referred to above unless expressly provided herein. 

CYBER SECURITY

On May 29, 2009, the Administration released its cyberspace 

policy review. The conferees direct the Office of Management and 

Budget to submit to the Committees on Appropriations an unclassified report, no later than July 15, 2009, including a comprehensive 

explanation of the resources requested in the President’s fiscal year 

2010 budget related to cyber security, and any budget amendments 

that might be necessary due to the findings of the review. Classified annexes shall be provided as necessary to the individual Subcommittees regarding programs in their jurisdiction. Users of 

cyberspace have differing requirements, operating policies, philosophies, and cost tradeoffs. Therefore, the report shall include an explanation of how the requested resources will provide additional security for the distinct users of cyberspace including: federal, state, 

and local governments; the private sector, including critical infrastructure sectors; academia and education; and the general public. 

Upon transmittal of the report, the White House Cyber Security 

Policy Coordinator shall provide a classified briefing to the Committees on Appropriations. 


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TITLE I 

DEPARTMENT OF AGRICULTURE 

FOREIGN AGRICULTURAL SERVICE 

Public Law 480 Title II Grants 

The conference agreement provides $700,000,000 for Public 

Law 480 Title II grants as proposed by the Senate, instead of 

$500,000,000 as proposed by the House. 

GENERAL PROVISIONS

Section 101. The conference agreement includes language making available funding for the Emergency Conservation Program. Section 102. The conference agreement provides $71,270,000 to support $360,000,000 in direct farm ownership loans, $400,000,000 

in direct farm operating loans and $50,201,000 in unsubsidized 

guaranteed operating loans. 

TITLE II 

DEPARTMENT OF COMMERCE 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The agreement includes $40,000,000 to provide grants under 

Trade Adjustment Assistance to communities and firms adversely 

impacted by trade. Within 60 days of the enactment of this Act, the 

Department is directed to submit a plan to the House and Senate 

Committees on Appropriations as to how this program will be implemented. 

DEPARTMENT OF JUSTICE 

DETENTION TRUSTEE

The agreement provides $60,000,000 for detention costs due to 

increased enforcement activities along the United States-Mexico 

border. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The agreement provides $1,648,000 for the Criminal Division 

to supplement existing training and assistance provided to investigators, prosecutors, judges and other parts of the criminal justice 

systems of Iraq and Afghanistan. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The agreement provides $5,000,000 for the United States Attorneys for ongoing litigation expenses associated with terrorism 

prosecutions of national importance. The agreement also provides 

$10,000,000 to prosecute mortgage fraud, financial fraud and market manipulation. 


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UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

The agreement provides $10,000,000 for the United States Marshals Service. Of the funds provided, $4,000,000 is for enhanced judicial security in districts along the southwest border, 

$5,000,000 is for the apprehension of criminals who have fled to 

Mexico, and $1,000,000 is to upgrade surveillance equipment used 

to monitor drug cartels and violent gang members. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

The agreement includes $1,389,000 for the National Security 

Division to continue to support terrorism prosecutions of national 

importance. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The agreement provides $35,000,000 for the Federal Bureau of 

Investigation to investigate mortgage fraud, predatory lending, financial fraud and market manipulation. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

The agreement includes $20,000,000 for the Drug Enforcement 

Administration to expand its Sensitive Investigation Unit program 

in Mexico. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The agreement includes $4,000,000 for the Bureau of Alcohol, 

Tobacco, Firearms and Explosives (ATF) for training and technical 

assistance on improved explosives devices in Iraq. The agreement 

also includes $4,000,000 to upgrade technology for ballistics evidence sharing with Mexico and $6,000,000 for Project Gunrunner 

firearms trafficking activities along the southwest border. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

The agreement includes $5,038,000 for the Federal Prison System to monitor and translate the communications of incarcerated 

terrorists and disseminate relevant information to law enforcement 

agencies, as appropriate. 

GENERAL PROVISION, THIS TITLE

(INCLUDING RESCISSION)

The agreement includes the following general provision for this 

title: 


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Section 201 rescinds $3,000,000 appropriated to the Department’s Office of Inspector General in Chapter 2 of Title I, P.L. 110– 

252, and reappropriates these funds to extend their availability. 

TITLE III—DEFENSE MATTERS 

DEPARTMENT OF DEFENSE 

The conference agreement recommends $77,161,439,000 for the 

Department of Defense, instead of $81,299,888,000, as proposed by 

the House, and $73,023,506,000, as proposed by the Senate. 

The following table provides details of the supplemental appropriations for the Department of Defense. 

Chapter Conference 

recommendation 

Military Personnel ........................................................................................................................................... $18,726,150,000 

Operation and Maintenance ........................................................................................................................... 32,547,114,000 

Procurement .................................................................................................................................................... 25,846,718,000 

Research, Development, Test and Evaluation ............................................................................................... 833,499,000 

Revolving and Management Funds ................................................................................................................ 861,726,000 

Other Department of Defense Programs ........................................................................................................ 2,301,992,000 

CLASSIFIED ANNEX

The recommendations for intelligence activities are published 

in a separate and detailed classified annex. The intelligence community, Department of Defense and other organizations are expected to fully comply with the recommendations and directions in 

the classified annex accompanying this Act. 

REPORTING REQUIREMENTS

The conferees direct the Secretary of Defense to provide a report to the congressional defense committees within 30 days of enactment of this Act on the allocation of the funds within the accounts listed in this title. The Secretary shall submit updated reports 30 days after the end of each fiscal quarter until funds listed 

in this title are no longer available for obligation. The conferees direct that these reports shall include: a detailed accounting of obligations and expenditures of appropriations provided in this title by 

program and subactivity group for the continuation of military operations in Iraq and Afghanistan, and a listing of equipment procured using funds provided in this title. The conferees expect that, 

in order to meet unanticipated requirements, the Department of 

Defense may need to transfer funds within these appropriations accounts for purposes other than those specified in this report. The 

conferees direct the Department of Defense to follow normal prior 

approval reprogramming procedures should it be necessary to 

transfer funding between different appropriations accounts in this 

title. Additionally, the conferees direct that the Department 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 required by Department of Defense Financial Management Regulation, chapter 23, 

volume 12. The conferees further direct the Department to continue 

to provide the Cost of War Reports to the congressional defense 


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committees that include the following information by appropriation: 

funding appropriated, funding allocated, monthly obligations, 

monthly disbursements, cumulative fiscal year obligations, and cumulative fiscal year disbursements. 

INTELLIGENCE, SURVEILLANCE AND RECONNAISSANCE

The conferees agree to redirect the funds requested for the 

Joint Rapid Acquisition Cell to high priority requirements identified by the Intelligence, Surveillance and Reconnaissance Task 

Force. The funds are distributed to appropriations accounts in the 

same manner as described in Senate Report 111–20. 

MILITARY PERSONNEL 

The conference agreement recommends $18,726,150,000 for 

military personnel. 

The recommendations for each military personnel account are 

shown below: 


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MILITARY PERSONNEL SHORTFALL

The conference agreement includes an additional 

$2,810,222,000 for identified shortfalls resulting from unbudgeted 

additional end strength, which were a result of better-than-projected recruiting and retention levels; recent rate increases in Basic 

Pay, Retired Pay Accrual, Basic Allowance for Housing, and Basic 

Allowance for Subsistence; and unanticipated programmatic adjustments such as increased clothing and education costs. 

OPERATION AND MAINTENANCE 

The conference agreement recommends $32,547,114,000 for operation and maintenance. 

The recommendations for each operation and maintenance account are shown below: 


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PAKISTAN COUNTERINSURGENCY FUND

The conferees support the Administration’s efforts to increase 

the counterinsurgency capability of the Pakistani security forces. 

The conferees believe that international military operations against 

al-Qaeda and the Taliban in Afghanistan cannot succeed without 

a strong counterinsurgency effort by security forces in Pakistan. 

However, the conferees are concerned about providing the Department of Defense with the authority and funding to conduct an assistance program which would traditionally fall under the purview 

of the Department of State. The conferees believe the Pakistan 

Counterinsurgency Fund (PCF) should reside within the Department of State but understand the near term needs of the Pakistan 

Security Forces and the lack of capacity within the State Department warrant an exception to traditional lines of authority. Therefore, the conferees support the Administration’s request for this 

fund under the Department of Defense, but direct the Secretary of 

Defense and the Secretary of State to jointly develop a plan for 

transitioning the PCF from the Department of Defense to the Department of State by fiscal year 2010 and to be fully executed by 

the Department of State by fiscal year 2011. The plan should identify the resources, personnel, and authorities required to facilitate 

the transfer to the State Department, as well as goals and objectives for the successful completion of this program. In addition, the 

Secretary of Defense is directed to follow the same reporting requirements that Congress has required for the Afghanistan and 

Iraq Security Forces Funds as outlined in section 317 of this Act. 

The conferees believe civil-military operations are a key component of successful counterinsurgency efforts. However, the conferees do not support the creation of a Commander’s Emergency 

Response Program (CERP) or similar program for Pakistan, and 

have neither authorized nor provided funding for such a program 

anywhere in this Act. The conference agreement has made available $2,000,000 from the Pakistan Counterinsurgency Fund to provide humanitarian assistance to the people of Pakistan only as part 

of civil-military training exercises carried out with Pakistan’s security forces through this fund. Finally, the conferees direct the Department to work with the Government of Pakistan to establish a 

funding mechanism beginning in fiscal year 2010, using Pakistani 

funds, which can be applied to humanitarian needs in support of 

counterinsurgency operations conducted inside of Pakistan. 

FAMILY ADVOCACY PROGRAM

The conference agreement provides $708,842,000 for family advocacy programs to provide counseling and family assistance including child psychologists, and other intervention efforts which is 

$94,000,000 above the request in order to enhance the activities of 

the Family Advocacy Program and provide for children and families 

managing the difficult challenges of military service. The funding 

is provided for, but not limited to, child care, counseling, spouse 

certification and licensure, and Joint Family Assistance Centers. 

Funding is also available for the Warrior Family Community Partnership to provide assistance to all soldiers and families. 


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COMBAT UNIFORMS

The conferees understand that soldiers deployed to Afghanistan have serious concerns about the current combat uniform 

which they indicate provides ineffective camouflage given the environment in Afghanistan. Accordingly, the conferees direct that 

within funding made available the Department of Defense take immediate action to provide combat uniforms to personnel deployed 

to Afghanistan with a camouflage pattern that is suited to the environment of Afghanistan. The conferees further direct the Secretary of the Army to provide a report on the program plans and 

budgetary adjustments necessary to provide appropriate uniforms 

to deployed and deploying troops to Afghanistan. The report shall 

be submitted to the congressional defense committees by the end 

of fiscal year 2009. 

PROCUREMENT 

The conference agreement recommends $25,846,718,000 for 

procurement. 

The recommendations for each procurement account are shown 

below: 


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STRYKER VEHICLES

The conference agreement supports continuation of the Stryker 

vehicle program which has demonstrated excellent performance in 

combat operations in the Central Command area of operations. The 

conference agreement provides $200,000,000 above the budget request to procure additional Stryker vehicles. Funds may be used to 

procure additional medical evacuation vehicles, engineer squad vehicles and other Stryker variants, based on Army needs, and to 

sustain continued production. As part of the Department of Defense 

Quadrennial Defense Review, the Army is undertaking a major 

analysis of its tracked and tactical wheeled vehicle needs. This review will set the course for the future force and help establish the 

specific vehicle requirements. The conferees direct the Secretary of 

the Army to provide a report to the congressional defense committees, no later than September 30, 2009 with the plan to sustain 

Stryker vehicle production and the details on which vehicles (variant and quantity) will be procured with the provided funding. 

RAPID EQUIPPING FORCE

The conference agreement provides $309,000,000 for the Army 

Rapid Equipping Force (REF), including $99,000,000 for Counter 

Sniper and Soldier Wearable Acoustic Targeting Sniper Systems. 

This amount should satisfy numerous emergency requests from forward deployed and forward deploying units. The conferees direct 

the Secretary of the Army to provide an acquisition objective and 

basis of issue plan for both vehicular and soldier wearable sniper 

detection equipment within 60 days after enactment of this Act. If 

shortfalls still exist, the Army is expected to reprogram the necessary funds to accommodate the shortfalls. 

WEAPONS ENHANCEMENT PROGRAM

The budget request included $32,461,000 for various force protection items and weapons upgrades in Procurement, Marine 

Corps. The conferees note that the Congress previously provided 

$23,000,000 in this procurement line for a requirement that was 

subsequently not validated and directs the Marine Corps to apply 

those funds toward the requirements in the fiscal year 2009 supplemental request for weapons enhancements. 

COMBAT OPERATIONS CENTERS

The conferees understand that subsequent to the budget submission, an Urgent Universal Needs Statement for additional Combat Operations Centers for Marine units in support of operations 

in Afghanistan was validated. The conference agreement provides 

$53,200,000 in Procurement, Marine Corps to fully satisfy this requirement. 

EXPLOSIVE ORDNANCE DISPOSAL SYSTEMS

The budget request includes $35,000,000 for a U.S. Central 

Command Urgent Universal Needs Statement for a Standoff Suicide Bomber Detection System in Procurement, Marine Corps. The 

conferees have been informed that the Urgent Universal Needs 


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Statement was suspended following the budget submission and 

therefore provide no funds for this effort. 

PHYSICAL SECURITY EQUIPMENT

The budget request includes $112,200,000 in Procurement, Marine Corps for physical security requirements that were previously 

funded. The conferees deny the redundant funds. 

F–22 AIRCRAFT

The Air Force has informed the Congress that funding in the amount of $45,000,000 is required for the F–22 Raptor program to 

avoid a work stoppage in material processing and fabrication activities during fiscal year 2009. The conferees direct the Secretary of 

the Air Force to use $45,000,000 from within the funds provided to 

ensure that work proceeds on schedule. None of the funds provided 

in this Act shall be used to finance activities to shut-down the F– 

22A production line. Funds may be used to explore options to develop an export variant of the F–22A. 

NATIONAL GUARD AND RESERVE EQUIPMENT

The National Guard and Reserve components traditionally receive less than a proportionate share of funding to resource their 

equipment needs. As a result, the conferees recommend funding of 

$500,000,000 for the National Guard and Reserve forces. Of that 

amount, $300,000,000 is for the Army National Guard; $50,000,000 

for the Air National Guard; $75,000,000 for the U.S. Army Reserve; 

$25,000,000 for the Navy Reserve; $25,000,000 for the Marine 

Corps Reserve; and $25,000,000 for the Air Force Reserve to meet 

urgent equipment needs that may arise this fiscal year. This funding will allow the National Guard and Reserve components to procure high priority equipment that may be used by these units for 

both their combat missions and their missions in support of State 

governors. 

[In thousands of dollars] 

Budget 

request House Senate Conference 

Army National Guard ...................................................... ........................ 300,000 300,000 300,000 

Air National Guard ......................................................... ........................ 50,000 50,000 50,000 

U.S. Army Reserve .......................................................... ........................ 75,000 75,000 75,000 

Navy Reserve .................................................................. ........................ 25,000 25,000 25,000 

Marine Corps Reserve .................................................... ........................ 25,000 25,000 25,000 

Air Force Reserve ........................................................... ........................ 25,000 25,000 25,000 

Total National Guard and Reserve Equipment 

Account ......................................................... ........................ 500,000 500,000 500,000 

MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

The conferees recommend $4,543,000,000 for the Mine Resistant Ambush Protected Vehicle Fund, an increase of $1,850,000,000 

above the request and direct that the additional funds shall be for 

the procurement and fielding of Mine Resistant Ambush Protected 

All Terrain Vehicles (M–ATV) only. M–ATVs are urgently needed 

to protect servicemembers against improvised explosive devices and 

other threats in Afghanistan. These new, lightweight MRAPs operVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00097 Fmt 6601 Sfmt 6601 E:\HR\OC\HR151.XXX HR151

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ate better than current vehicles in the close urban environments 

and challenging terrain of Afghanistan. The conferees expect that 

the Joint Program Office will move rapidly to field these critical 

force protection assets to the Warfighter. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

The conference agreement recommends $833,499,000 for research, development, test and evaluation. 

The recommendations for each research, development, test and 

evaluation account are shown below: 


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KINETIC ENERGY INTERCEPTOR

The conferees understand a stop work order on the Kinetic Energy Interceptor (KEI) was issued May 11, 2009. However, the KEI 

program had a booster flight test scheduled in Fall 2009 that could 

provide an important understanding of the technology risk for any 

future interceptor development. The conferees further understand 

that the KEI program has already produced valuable technical accomplishments. The conferees strongly encourage the Missile Defense Agency to execute this test, within funds that have been 

made available for KEI, to gain significant technical knowledge for 

this program. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

The conference agreement recommends $861,726,000 for the 

Defense Working Capital Fund accounts. This supports funding of 

$443,200,000 for the Defense Working Capital Fund, Army, to restock spare and repair parts essential to the operational readiness 

of the Army; $15,000,000 for the Defense Working Capital Fund, 

Air Force, for the transportation of Fallen Heroes from the theater 

of operations; and $403,526,000 for the Defense Working Capital 

Fund, Defense-Wide, for contingency operations costs for the Defense Information Systems Agency and the Defense Logistics Agency. 

[In thousands of dollars] 

Budget 

request House Senate Conference 

WCF—Army: 

Spare Parts ........................................................... 443,200 443,200 443,200 443,200 

Total, Working Capital Fund, Army .............. 443,200 443,200 443,200 443,200 

WCF—Air Force: 

TWCF for Transportation of Fallen Heroes (transfer from IFF) ..................................................... ........................ 0 15,000 15,000 

Total, Working Capital Fund, Air Force ....... ........................ 0 15,000 15,000 

WCF—Defense-Wide: 

DLA Distribution Depots ........................................ 33,600 33,600 33,600 33,600 

DLA DRMS Operations ........................................... 34,416 34,416 34,416 34,416 

DLA Supply Management ...................................... 322,410 322,410 322,410 322,410 

DISA Information Services .................................... 13,100 13,100 13,100 13,100 

Total, Working Capital Fund, Defense-Wide 403,526 403,526 403,526 403,526 

Grand Total, Working Capital Funds ........... 846,726 846,726 861,726 861,726 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

The conference agreement recommends $1,055,297,000 for the 

Defense Health Program. 

The recommendations for the Defense Health Program are 

shown below: 


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[In thousands of dollars] 

Budget 

request House Senate Conference 

Operation and Maintenance ........................................... 845,508 845,508 845,508 845,508 

In-House Care ....................................................... 178,828 178,828 178,828 178,828 

Private Sector Care ............................................... 579,243 579,243 579,243 579,243 

Consolidated Health Care ..................................... 68,196 68,196 68,196 68,196 

Information Management/IT .................................. 5,700 5,700 5,700 5,700 

Education and Training ........................................ 9,119 9,119 9,119 9,119 

Base Operations and Communications ................ 4,422 4,422 4,422 4,422 

Procurement ................................................................... 30,185 50,185 30,185 50,185 

Rehabilitation Equipment ..................................... ........................ 20,000 ........................ 20,000 

Research, Development, Test & Evaluation .................. 33,604 201,604 33,604 159,604 

Psychological Health and Traumatic Brain Injury ........................ 100,000 ........................ 75,000 

Orthopedic Research ............................................. ........................ 68,000 ........................ 51,000 

TRAUMATIC BRAIN INJURY AND PSYCHOLOGICAL HEALTH RESEARCH

The conference agreement provides $75,000,000 for Traumatic 

Brain Injury (TBI) and Psychological Health peer-reviewed and/or 

competitively awarded research, development, test and evaluation 

efforts. The funding provided is to be allocated as recommended in 

the House Report 111–105 to validate emergent approaches and 

technologies and to accelerate on-going programs for early diagnosis, assessment and treatment of TBI and Psychological Health, 

including spinal cord injury, and complementary and alternative 

medicine. 

ORTHOPEDIC RESEARCH

The conference agreement provides $51,000,000 for orthopedic 

and other trauma research, treatment and rehabilitation including 

regenerative medicine. This funding will continue and expand the 

existing orthopedic trauma research program, amputee rehabilitation and reset research, and restoration of function. Serious limb 

trauma, vascular injuries, major limb tissue damage, and blood 

flow disruption contribute heavily to United States military casualties in Iraq and Afghanistan. The Department of Defense estimates 

indicate that nearly two thirds of injuries sustained in combat in 

Iraq and Afghanistan are musculoskeletal. Extremity injuries are 

the most prevalent injury, and amputations following battlefield injury now occur at twice the rate as in past wars. Understanding 

how to treat and facilitate rapid recovery from orthopedic injuries 

should be one of the top priorities for the Military Health System. 

REHABILITATION EQUIPMENT

The conference agreement provides $20,000,000 to procure 

equipment for rehabilitation facilities currently under construction. 

The equipment will enable continued state-of-the-art care for soldiers with various types of injuries to recover to their full potential 

and return to a more normal way of life. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

DEFENSE 

The conference agreement recommends $120,398,000 for the 

Drug Interdiction and Counter-Drug Activities, Defense program. 


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The recommendations for the Drug Interdiction and CounterDrug Activities, Defense program are shown below: 

[In thousands of dollars] 

Budget 

request House Senate Conference 

Afghanistan .................................................................... 57,308 57,308 57,308 57,308 

Pakistan ......................................................................... 25,800 25,800 10,000 10,000 

Frontier Headquarters Construction ...................... ........................ ........................ ¥11,800 ¥11,800 

Mi–17 Overhaul ..................................................... ........................ ........................ ¥4,000 ¥4,000 

Tajikistan ........................................................................ 18,940 18,940 16,940 16,940 

English Language Lab .......................................... ........................ ........................ ¥2,000 ¥2,000 

Turkmenistan .................................................................. 2,850 2,850 2,850 2,850 

Kyrgyzstan ...................................................................... 21,520 21,520 21,520 21,520 

Kazakhstan ..................................................................... 10,580 10,580 10,580 10,580 

Uzbekistan ...................................................................... 4,000 0 4,000 1,000 

Other regional support ................................................... 200 200 200 200 

Total Drug Interdiction and Counter-Drug Activities, Defense ..................................................... 141,198 137,198 123,398 120,398 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

The conference agreement recommends $1,116,746,000 for the 

Joint Improvised Explosive Device Defeat Fund. 

The recommendations for the Joint Improvised Explosive Device Defeat Fund are shown below: 

[In thousands of dollars] 

Budget 

request House Senate Conference 

Attack the network ......................................................... 499,830 499,830 349,830 349,830 

Excess to requirement .......................................... ........................ ........................ ¥150,000 ¥150,000 

Defeat the device ........................................................... 607,389 457,389 457,389 457,389 

Excess to requirement .......................................... ........................ ¥150,000 ¥150,000 ¥150,000 

Train the force ............................................................... 333,527 333,527 283,527 283,527 

Excess to requirement .......................................... ........................ ........................ ¥50,000 ¥50,000 

Staff and infrastructure ................................................. 26,000 26,000 26,000 26,000 

Total Joint Improvised Explosive Device Defeat 

Fund .................................................................. 1,466,746 1,316,746 1,116,746 1,116,746 

OFFICE OF THE INSPECTOR GENERAL

The conference agreement recommends $9,551,000 for the Office of the Inspector General. 

GENERAL PROVISIONS 

Title III contains several general provisions, many of which extend or modify war-related authorities included in previous Acts. A 

brief description of the recommended provisions follows: 

The conferees agree to retain sections 10001 and 301, as proposed by the House and the Senate, which establish the period of 

availability for obligation for appropriations provided in this title 

and that funds made available in this title are in addition to 

amounts appropriated or made available for the Department of Defense for fiscal year 2009. 


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(INCLUDING TRANSFER OF FUNDS)

The conferees agree to retain and amend sections 10002 and 

302, as proposed by the House and the Senate, which provide special transfer authority for funds made available in this Act for the 

Department of Defense. 

The conferees agree to retain and amend sections 10003 and 

303, as proposed by the House and the Senate, which provide for 

the obligation and expenditure of funds related to activities pursuant to section 504(a)(1) of the National Security Act of 1947. 

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to retain and amend sections 10004 and 

304, as proposed by the House and the Senate, which provide for 

transfers from the Defense Cooperation Account. 

The conferees agree to retain and amend sections 10005 and 

305, as proposed by the House and the Senate, which provide that, 

for construction projects in Afghanistan funded with operation and 

maintenance funds, supervisory and administrative costs may be 

obligated when the contract is awarded. 

(INCLUDING RESCISSIONS)

The conferees agree to retain and amend section 10006, as proposed by the House, which provides a two year period of availability for the Iraq Security Forces Fund. 

The conferees agree to retain sections 10007 and 306, as proposed by the House and the Senate, which provide authority to use 

operation and maintenance appropriations to purchase items having an investment item unit cost of not more than $250,000, or 

upon determination by the Secretary of Defense that the operational requirements of a Commander of a Combatant Command 

engaged in contingency operations overseas can be met, funds may 

be used to purchase items having an investment item unit cost of 

not more than $500,000. 

The conferees agree to delete section 10008 as proposed by the 

House regarding Commander’s Emergency Response Program. 

The conferees agree to delete section 10009 as proposed by the 

House regarding military spouse career transition assistance internship program. 

The conferees agree to delete section 10010 as proposed by the 

House regarding the Air Safety System for the Kyrgyz Republic. 

The conferees agree to retain sections 10011 and 307 as proposed by the House and the Senate, which provide for the procurement of passenger motor vehicles for use by military and civilian 

employees of the Department of Defense in Iraq and Afghanistan. 

The conferees agree to retain and amend sections 10012 and 

308 as proposed by the House and the Senate regarding rescissions. The rescissions agreed to are: 

(RESCISSIONS)

2007 Appropriations: 

Procurement, Marine Corps: 

Training Devices ...................................................................... $53,200,000 

CAC2S ...................................................................................... 1,200,000 


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2008 Appropriations: 

Other Procurement, Army: 

Combat ID ................................................................................ 4,100,000 

SAT Term, EMUT ................................................................... 4,500,000 

LRAS3 ...................................................................................... 8,400,000 

Smoke & Obscurant Family ................................................... 8,000,000 

Heaters and ECUs .................................................................. 4,300,000 

Procurement, Marine Corps: 

CAC2S ...................................................................................... 10,300,000 

Aircraft Procurement, Air Force: 

F–22A ....................................................................................... 7,676,000 

Common Support Equipment ................................................. 36,324,000 

Research, Development, Test and Evaluation, Navy: 

Classified .................................................................................. 5,000,000 

Silent Guardian ....................................................................... 6,300,000 

Research, Development, Test and Evaluation, Air Force: 

CSAR–X RDT&E ..................................................................... 36,107,000 

Research, Development, Test and Evaluation, Defense-Wide: 

DARPA: Undistributed ........................................................... 150,000,000 

DARPA: Sensor Technology .................................................... 650,000 

DARPA: Guidance Technology ............................................... 9,270,000 

General Support to USD/I ...................................................... 9,204,000 

2009 Appropriations: 

Operation and Maintenance, Army: 

Fuel ........................................................................................... 352,359,000 

Operation and Maintenance, Navy: 

Fuel ........................................................................................... 881,481,000 

Operation and Maintenance, Marine Corps: 

Fuel ........................................................................................... 54,466,000 

Operation and Maintenance, Air Force: 

Fuel ........................................................................................... 925,203,000 

Operation and Maintenance, Defense-Wide: 

Fuel ........................................................................................... 81,135,000 

Classified .................................................................................. 5,000,000 

Classified .................................................................................. 181,500,000 

Operation and Maintenance, Army Reserve: 

Fuel ........................................................................................... 23,338,000 

Operation and Maintenance, Navy Reserve: 

Fuel ........................................................................................... 62,910,000 

Operation and Maintenance, Marine Corps Reserve: 

Fuel ........................................................................................... 1,250,000 

Operation and Maintenance, Air Force Reserve: 

Fuel ........................................................................................... 163,786,000 

Operation and Maintenance, Army National Guard: 

Fuel ........................................................................................... 57,819,000 

Operation and Maintenance, Air National Guard: 

Fuel ........................................................................................... 250,645,000 

Aircraft Procurement, Army: 

Common Ground Equipment .................................................. 11,000,000 

Airborne Avionics .................................................................... 11,600,000 

Procurement of Ammunition, Army: 

CTG, Tank, 120MM, All Types .............................................. 46,800,000 

Signals, All Types .................................................................... 50,100,000 

Mine, Clearing Charge, All Types .......................................... 2,000,000 

Ammo Components (Renovation) ........................................... 8,200,000 

Other Procurement, Army: 

Force XXI Battle Command Brigade & Below ...................... 50,000,000 

Modification of In-Service Equipment (OPA3) ...................... 30,200,000 

Defense Enterprise Wideband SATCOM System ................. 6,000,000 

Long Range Advanced Scout Surveillance ............................ 47,300,000 

Night Vision Thermal Weapon Sight ..................................... 41,500,000 

Field Feeding Equipment ....................................................... 7,000,000 

Close Combat Tactical Trainer ............................................... 8,000,000 

Lightweight Laser Designator Rangefinder .......................... 55,000,000 

Procurement, Marine Corps: 

CAC2S ...................................................................................... 10,300,000 

Other Procurement, Air Force: 

Base Information Infrastructure ............................................ 17,500,000 


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Procurement, Defense-Wide: 

Unmanned Vehicles ................................................................ 6,400,000 

Research, Development, Test and Evaluation, Army: 

Aerial Common Sensor ........................................................... 157,710,000 

Rapid Equipping Force ........................................................... 20,000,000 

Armed Reconnaissance Helicopter ......................................... 10,000,000 

Research, Development, Test and Evaluation, Navy: 

Fuel ........................................................................................... 30,510,000 

VH–71 ....................................................................................... 47,000,000 

CG (X) ....................................................................................... 73,600,000 

Harpoon Upgrades .................................................................. 11,450,000 

Aerial Common Sensor ........................................................... 30,000,000 

Classified .................................................................................. 24,500,000 

Research, Development, Test and Evaluation, Air Force: 

Fuel ........................................................................................... 15,098,000 

Transformational SATCOM 150,000,000 

CSAR–X RDT&E ..................................................................... 92,469,000 

Single Integrated Air Picture ................................................. 20,000,000 

MILSATCOM Terminals ........................................................ 10,000,000 

The conferees agree to delete section 10013 as proposed by the 

House regarding the transfer of $150,600,000 from various Army 

procurement accounts to military personnel accounts. 

The conferees agree to delete section 10014 as proposed by the 

House which rescinds unobligated balances from Operation and 

Maintenance, Defense-Wide. 

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to retain and amend section 10015 as proposed by the House which provides for retroactive Stop Loss payments. 

The conferees agree to retain section 10016 as proposed by the 

House which provides for authority to retire certain aircraft. 

The conferees agree to retain sections 10017 and 309, as proposed by the House and the Senate, which prohibit obligation or 

expenditure of funds contrary to the provisions of Section 814 of 

the National Defense Authorization Act, Fiscal Year 2007 (P.L. 

109–364). 

The conferees agree to retain sections 10018 and 310, as proposed by the House and the Senate, which prohibit the use of funds 

available in this Act for the Department of Defense to finance 

projects denied by the Congress in the fiscal year 2008 or fiscal 

year 2009 Department of Defense Appropriations Acts. 

The conferees agree to retain section 10019 as proposed by the 

House, which bans the establishment of permanent bases in Iraq 

or U.S. control over oil resources. 

The conferees agree to retain section 10020 and 311, as proposed by the House and the Senate, which prohibit the obligation 

of expenditure of funds in this or any other Act to establish a permanent base in Afghanistan. 

The conferees retain and amend section 10021 as proposed by 

the House which requires a report on Iraq troop draw down. 

The conferees agree to retain section 312 as proposed by the 

Senate, which modifies reporting requirements on Iraq and Afghanistan Security Forces funds to include the Pakistan Counterinsurgency Fund. 

The conferees agree to retain and amend section 313 as proposed by the Senate, which modifies section 1174(h)(1), title 10 


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U.S.C. to allow recoupment of special pay, special separation benefits and voluntary separation incentives. 

The conferees agree to delete section 314 as proposed by the 

Senate which designated funding as being for overseas deployment 

and other activities. 

The conferees agree to retain and amend section 315 as proposed by the Senate regarding a study of the detention facility at 

Naval Station Guantanamo Bay. 

TITLE IV—SUBCOMMITTEE ON ENERGY AND WATER 

DEVELOPMENT 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

OPERATION AND MAINTENANCE

The conference agreement provides $42,875,000 for Operation 

and Maintenance, instead of $38,375,000 as proposed by the Senate. The House proposed no funding for this account. 

FLOOD CONTROL AND COASTAL EMERGENCIES

The conference agreement provides $754,290,000 for Flood 

Control and Coastal Emergencies as proposed by the Senate. The 

House proposed no funding for this account. Within the funds provided, $315,290,000 is for the Corps to prepare for flood, hurricane, 

and other natural disasters; support emergency operations, repairs, 

and other activities in response to flood and hurricane emergencies, 

as authorized by law; and repair and rehabilitate eligible projects 

that were affected by natural disasters. An additional $439,000,000 

is provided for barrier island restoration and ecosystem restoration 

along the Mississippi Gulf Coast. 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

STRATEGIC PETROLEUM RESERVE

(TRANSFER OF FUNDS)

The conference agreement provides $21,585,723 for Strategic 

Petroleum Reserve to be derived by transfer from the SPR Petroleum Account as proposed by the House and Senate. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

The conference agreement provides $30,000,000 to sustain a 

program at the nuclear weapons laboratories and other entities to 

analyze nuclear and biological weapons intelligence. The Senate 

bill proposed $34,500,000 for such activities. The House proposed 


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no funding for this account. With this funding, the Secretary of Energy, in cooperation with the Director of National Intelligence, shall 

develop and implement a plan for investing these funds and sustaining this critical analytical capability. 

DEFENSE NUCLEAR NONPROLIFERATION

The conference agreement provides $55,000,000 for Defense 

Nuclear Nonproliferation as proposed by the House and Senate. 

GENERAL PROVISIONS—THIS TITLE 

The conference agreement includes a provision proposed by the 

Senate concerning Department of Energy Limited Transfer Authority. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate concerning Federal Employment Requirements. The House 

proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate amending section 3181 of Public Law 110–114 to deauthorize two Corps of Engineers projects. The House proposed no similar 

provision. 

The conference agreement includes a provision proposed by the 

Senate concerning reprogramming of funds provided in Public Law 

111–5 to the Corps of Engineers. The House proposed no similar 

provision. 

The conference agreement includes a provision proposed by the 

Senate concerning reprogramming of funds provided in Public Law 

111–5 to the Bureau of Reclamation. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate restricting spending on mission relocation of either the design authority for the gas transfer systems or tritium research and 

development facilities until an independent technical mission review and cost analysis is performed. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate increasing the cost ceiling for a Corps of Engineers project. 

The House proposed no similar provision. 

The conference agreement deletes a provision proposed by the 

Senate concerning deconstruction of a Corps of Engineers project. 

The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate concerning the Innovative Technology Loan Guarantee Program in the Energy Department. The House proposed no similar 

provision. 


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TITLE V 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

The conference agreement includes an additional appropriation 

of $2,936,000 for the National Security Council, as proposed by 

both the House and the Senate. 

THE JUDICIARY 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides an additional appropriation 

of $10,000,000 for the Federal Judiciary, as proposed by the Senate, available for transfer between Judiciary accounts to meet increased workload requirements resulting from immigration and 

other law enforcement initiatives. The House did not include funding for this purpose. 

INDEPENDENT AGENCIES 

FINANCIAL CRISIS INQUIRY COMMISSION

SALARIES AND EXPENSES

The conference report appropriates $8,000,000, to remain 

available until February 15, 2011, for the necessary expenses of the 

Financial Crisis Inquiry Commission established by section 5 of 

Public Law 111–21 (enacted on May 20, 2009). The Senate bill provided $4,000,000 for this purpose, appropriated to the Department 

of the Treasury for transfer to the Commission. Now that the authorization has become law, the conferees decided to make the appropriation directly to a new account for the Commission. In addition, the conference agreement makes the funds available through 

February 15, 2011, rather than through December 31, 2010 as proposed by the Senate, in order to improve consistency with the authorizing legislation. The House bill did not include funding for this 

new Commission. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes an additional appropriation 

of $10,000,000, as proposed by the Senate, for the Securities and 

Exchange Commission for investigation of securities fraud. The 

House bill did not include funding for this purpose. 


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GENERAL PROVISIONS—THIS TITLE 

Section 501 of the conference report makes a technical correction to Public Law 110–428 relating to judicial survivors’ annuities. 

This provision was proposed by the Senate; the House had no comparable language. 

Section 502 of the conference report amends the appropriation 

of District of Columbia funds in the Financial Services and General 

Government Appropriations Act, 2009 to incorporate any subsequent budget amendments adopted by the District of Columbia 

Council. This provision was proposed by the Senate; the House had 

no comparable language. 

Section 503 of the conference report alters the set aside of not 

less than $3,000,000 in the fiscal year 2009 appropriation for the 

Federal Communications Commission, to make that amount available for developing a national broadband plan pursuant to the 

American Recovery and Reinvestment Act instead of for a State 

Broadband Data and Development matching grants program. This 

provision was proposed by the Senate; the House had no comparable language. 

Section 504 of the conference report includes language proposed by the Senate amending the Federal Deposit Insurance Act 

so as to preempt certain state interest rate ceilings, effective 

through December 31, 2010. The House had no comparable provision. 

PANDEMIC INFLUENZA 

The conference agreement does not contain provisions proposed 

by the Senate making appropriations within the Executive Office 

of the President for pandemic influenza preparedness and response. 

Rather, this matter is addressed in the Labor-HHS-Education and 

State/Foreign Operations titles of the conference agreement, as in 

the House version of the bill. 

TITLE VI 

DEPARTMENT OF HOMELAND SECURITY 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

The agreement provides $46,200,000 for U.S. Customs and 

Border Protection (CBP) Salaries and Expenses as proposed by the 

Senate. The House bill contained no similar funding. Of this, 

$6,200,000 shall be to care for and transport unaccompanied illegal 

alien children (UAC); $30,000,000 shall be to fund the hiring of up 

to 125 CBP Officers, as well as other personnel, equipment, facilities and operations costs for additional deployment to Southwest 

border ports of entry; and $10,000,000 shall be to procure competitively non-intrusive inspection equipment, all as described in the 

Senate report. The Secretary of Homeland Security shall submit an 

expenditure plan to the Committees on Appropriations prior to obligating these funds, and not later than 30 days after the date of enactment of this Act. 


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AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

The agreement provides $5,000,000 for Air and Marine Interdiction, Operations, Maintenance, and Procurement as proposed by 

the Senate. The House bill contained no similar funding. The Secretary shall submit an expenditure plan to the Committees on Appropriations prior to obligating these funds, and not later than 30 

days after the date of enactment of this Act. 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

The agreement provides $66,800,000 for U.S. Immigration and 

Customs Enforcement (ICE) Salaries and Expenses as proposed by 

the Senate. The House bill contained no similar funding. Included 

in this total is $11,800,000 for increased costs of ICE to care for 

and transport UAC to the Department of Health and Human Services (HHS), pursuant to the requirements in the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 

(P.L. 110–457). In addition, the bill includes $55,000,000 for response to border security issues, as discussed in the Senate report. 

Prior to obligation of the funds, the Secretary shall submit an expenditure plan to the Committees on Appropriations not later than 

30 days after the date of enactment of this Act. 

The Department of Homeland Security (DHS) is directed, jointly with HHS, to brief the Committees on Appropriations no later 

than July 3, 2009, on the fiscal year 2009 costs to date for handling 

UAC pursuant to P.L. 110–457 and the estimated costs for the 

same activity in fiscal year 2010. 

COAST GUARD

OPERATING EXPENSES

The agreement provides $139,503,000 for Coast Guard Operating Expenses as proposed by the Senate. The House bill contained $129,503,000 within the Navy Operations and Maintenance 

appropriation and no funding for maintenance of High Endurance 

Cutters. Of this total, $129,503,000 is for support of overseas contingency operations, and $10,000,000 is for addressing the High 

Endurance Cutter maintenance backlog. The Coast Guard is directed to provide a briefing by July 15, 2009, on how it plans to 

apply the cutter maintenance funds. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

STATE AND LOCAL PROGRAMS

The agreement provides $30,000,000 for State and Local Programs for Operation Stonegarden as proposed by the Senate. The 

House bill contained no similar funding. 

GENERAL PROVISIONS—THIS TITLE 

Section 601. The agreement includes and modifies a provision 

proposed by the House permitting the Coast Guard to issue a cerVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00111 Fmt 6601 Sfmt 6601 E:\HR\OC\HR151.XXX HR151

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tificate of documentation for the drydock ALABAMA to engage in 

coastwise trade and waives certain sections of the Jones Act. 

Section 602. The agreement includes a provision proposed by 

the House permitting the Coast Guard to issue a certificate of documentation for the vessel MARYLAND INDEPENDENCE to engage in coastwise trade and waives certain sections of the Jones 

Act. This authority is terminated if the vessel is conveyed or repairs or alterations are made to the vessel outside the United 

States. 

(INCLUDING RESCISSION OF FUNDS)

Section 603. The agreement includes a provision proposed by 

the Senate rescinding and appropriating funds previously allocated 

to the State of Mississippi. 

Section 604. The agreement includes a provision proposed by 

the Senate amending language under the heading Federal Emergency Management Agency, Management and Administration, Public Law 110–329. 

Section 605. The agreement includes a provision proposed by 

the Senate permitting the Secretary to waive certain requirements 

of the Federal Fire Prevention and Control Act of 1974. The House 

bill contained a similar provision under the heading Federal Emergency Management Agency, Firefighter Assistance Grants. 

Section 606. The agreement includes a provision proposed by 

the Senate regarding State-run case management programs related 

to Hurricanes Katrina and Rita. 

Section 607. The agreement includes a provision proposed by 

the Senate that amends Section 552 of Public Law 110–161 pertaining to primary or secondary schools damaged by Hurricanes 

Katrina and Rita. 

Section 608. The agreement includes a provision proposed by 

the Senate pertaining to Disaster Assistance Direct Loans made 

pursuant to P.L. 111–5 for FEMA–1791–DR. 

Section 609. The agreement includes a new provision pertaining to debris removal and public assistance for damages associated with FEMA–1791–DR, FEMA–1792–DR, FEMA–1841–DR, 

and FEMA–1838–DR. 

TITLE VIII 

DEPARTMENT OF THE INTERIOR 

DEPARTMENT-WIDE PROGRAMS 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $50,000,000 as requested 

for wildfire suppression and emergency rehabilitation activities of 

the Department of the Interior, available only if other available 

funds will be exhausted imminently. If it enhances the efficiency or 

effectiveness of Federal wildland fire suppression activities, the 

Secretary of the Interior may transfer any of these funds to the 

Secretary of Agriculture for similar activities. The Committee notes 


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113 

that although wildfire suppression projections are challenging this 

early in the season, models and experience indicate that it is highly 

likely that existing available funds will not be sufficient if another 

fire season like the past three occurs. 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $200,000,000 as requested 

for wildfire suppression and emergency rehabilitation activities of 

the Forest Service, available only if other available funds will be 

exhausted imminently. If it enhances the efficiency or effectiveness 

of Federal wildland fire suppression activities, the Secretary of Agriculture may transfer not more than $50,000,000 of these funds to 

the Secretary of the Interior for similar activities. The Committee 

notes that although wildfire suppression projections are challenging this early in the season, models and experience indicate 

that it is highly likely that existing available funds will not be sufficient if another fire season like the past three occurs. 

GENERAL PROVISIONS—THIS TITLE 

Sec. 701. The conference agreement includes a technical correction as proposed by the Senate that amends Public Law 111–8 concerning training of staff at the Agency for Toxic Substances and 

Disease Registry. The House had no similar provision. 

The conference agreement does not include a provision proposed by the Senate that exempts youth conservation employment 

programs in the Department of the Interior and the Forest Service 

from Section 1606 of division A, title XVI of Public Law 111–5. The 

conferees have been assured by the Department of the Interior officials that they have legal authorities to conduct youth projects 

under the American Recovery and Reinvestment Act with appropriate entities, such as the Youth Conservation Corps and Public 

Lands Corps. 

TITLE VIII 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

ADMINISTRATION FOR CHILDREN AND FAMILIES

REFUGEE AND ENTRANT ASSISTANCE

The conference agreement includes $82,000,000 for refugee and 

entrant assistance, as proposed by the Senate. The House proposed 

these funds within the Department of Defense, including transfer 

authority to other Federal agencies. The conferees intend that 

these funds be used for the care and custody of unaccompanied 

alien children, to allow the Office of Refugee Resettlement to implement the provisions of Public Law 110–457, the William Wilberforce Trafficking Victims Protection Reauthorization Act (TVPRA) 


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of 2008. The conferees direct the Department of Health and Human 

Services, in conjunction with the Department of Homeland Security, to provide a briefing to the Committees on Appropriations no 

later than July 3, 2009 on the increased costs in fiscal year 2010 

associated with implementing the TVPRA. 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $1,850,000,000 for pandemic influenza preparedness and response as proposed by the 

House. The Senate proposed $1,500,000,000 in the Executive Office 

of the President. Funding is available until expended, as proposed 

by the House, rather than until September 30, 2010 as proposed 

by the Senate. 

The conference agreement concurs in the House recommendation and does not specify amounts within this appropriation for 

Federal government agencies outside of the Department of Health 

and Human Services (HHS). The Senate recommended a number 

of transfers to other Federal agencies. 

The conferees recognize the high level of uncertainty associated 

with the current H1N1 influenza virus strain and other circulating 

flu viruses and the urgent need to provide increased resources to 

Federal, State, and local agencies on the frontlines of responding 

to disease outbreaks. Lessons learned from past influenza 

pandemics indicate that influenza can strike a community, affect 

many individuals, and then return with a vengeance to strike the 

community months later. 

HHS has nearly exhausted all prior appropriated influenza 

pandemic funds to respond to the current H1N1 influenza outbreak. Supplemental funding is needed to continue to address this 

current outbreak, but also to prepare for the potential of future 

outbreaks, increased severity of the virus, or for a new flu strain 

to emerge. As such, this funding may be used for an array of pandemic influenza preparedness and response activities, including the 

development and purchase of vaccines, antiviral drugs, medical 

supplies and personal protective equipment, diagnostic and vaccine 

delivery equipment, for upgrading State and local public health capacity, and domestic and international surveillance. Additionally, 

funding may be used to support the activities for which prior funding was provided, but has been diverted to address the current outbreak. 

As proposed by the House, the conference agreement includes 

bill language that permits the Secretary of HHS to transfer funding to other Federal agencies to be used to prepare for and respond 

to an influenza pandemic. Funds may also be transferred to the 

Covered Countermeasure Process Fund for the purpose of administering compensation claims for individuals who may experience 

adverse reactions caused by the administration or use of a covered 

countermeasure, such as vaccines and antiviral drugs. Such transfers shall be made in consultation with the Director of the Office 

of Management and Budget (OMB). Not later than 15 days prior 


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115 

to transferring any funds, the Secretary must notify the Committees on Appropriations of the House of Representatives and the 

Senate of the planned uses of the funds. The Senate did not propose similar language. Additionally, the conferees direct the Secretary to consult with the Director of OMB when making funding 

allocations within HHS. 

Within the total, the conference agreement includes no less than $200,000,000 for the Centers for Disease Control and Prevention (CDC) as proposed by the House. The Senate did not include 

a similar provision. CDC is the lead Federal agency involved with 

detecting, preparing for, and responding to infectious disease outbreaks. Funding will be used for such activities as U.S. and global 

disease detection and surveillance, laboratory capacity and research, diagnostic capabilities, risk communication, rapid response, 

distribution of medical supplies and treatments from the Strategic 

National Stockpile, guidance development, and assistance to State 

and local governments. 

Also within the total, the conference agreement includes no less than $350,000,000 for upgrading State and local capacity as 

proposed by the House. The Senate did not include a similar provision. State and local public health systems have been challenged by 

the economic downturn. These funds will be used to support State 

and local public health and emergency response infrastructure, 

such as workforce, laboratory capacity, public communications, and 

community mitigation guidance and planning. 

As proposed by the House, the conferees request that the Secretary of HHS, together with the Director of CDC, examine HHS’ 

response to the early stages of the H1N1 outbreak in Mexico and 

the laboratory confirmation process to ascertain whether improvements are needed in its current disease detection policies and procedures. HHS should submit a report to the Committees on Appropriations of the House of Representatives and the Senate no later 

than 90 days after the enactment of this Act. The Senate did not 

request a similar report. 

As proposed by the House, the conferees direct the Secretary 

of HHS to provide monthly reports to the Committees on Appropriations of the House of Representatives and the Senate updating 

the status of actions taken and funds obligated in this and previous 

appropriations Acts for pandemic influenza preparedness and response activities. These reports should be provided no later than 15 

days after the end of each month. Further, the Secretary shall include appropriations provided in this Act when preparing the semiannual report to Congress on influenza pandemic preparedness 

spending. The Senate did not propose similar language. 

Contingent emergency appropriation 

The conference agreement includes an additional 

$5,800,000,000 as a contingent emergency appropriation to provide 

Federal, State, and local public health and emergency response 

agencies with resources to effectively respond should an escalation 

of the H1N1 virus or another emergent influenza virus require a 

national vaccination program. On June 2, 2009, the President submitted a request for $2,000,000,000 in contingent funds, plus authority to transfer and redirect Recovery Act and other prior approVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00115 Fmt 6601 Sfmt 6601 E:\HR\OC\HR151.XXX HR151

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116 

priations for this purpose. The conferees agree that additional, substantial, and flexible resources should be provided to respond to 

this emerging situation; however, the conferees believe they should 

be provided in a more efficient manner. 

Moreover, to ensure that these resources are used for urgent 

needs, with oversight and accountability, this funding is available 

for obligation only if the President provides written notice to Congress that emergency funds are required to address critical needs 

related to emerging influenza viruses. Funds may be transferred to 

other appropriation accounts of the Department of Health and 

Human Services and other Federal agencies in consultation with 

the Director of the Office of Management and Budget. Further, 

none of the funds provided through this contingent emergency appropriation shall be made available for obligation until 15 days following the submittal of detailed obligation plans to the Committees 

on Appropriations of the House of Representatives and the Senate. 

Such plans shall identify the amounts and the activities for which 

funds are specified by the President, shall be prepared by HHS or 

any other Federal agency receiving funds, and shall be coordinated 

with the Executive Office of the President. 

GENERAL PROVISIONS—THIS TITLE 

(TRANSFER OF FUNDS)

Sec. 801. The conference agreement includes a provision as 

proposed by the Senate to provide the Department of Labor expanded transfer authority for administrative funding appropriated 

in the American Recovery and Reinvestment Act. The House bill 

did not include a similar provision. 

Sec. 802. The conference agreement includes a provision as 

proposed by the House to make a technical correction to the fiscal 

year 2009 Omnibus Appropriations Act to permit the higher foster 

care children adoption incentive payments to States authorized by 

the Fostering Connections to Success and Increasing Adoptions Act 

of 2008 (Public Law 110–351). The Senate bill did not include a 

similar provision. 

Sec. 803. The conference agreement includes bill language, not 

in either House or Senate bills, to enable the Department of Education to expedite the awarding of American Recovery and Reinvestment Act (ARRA) funding available for the Centers for Independent Living program and allow multiple year awards. The conferees expect that this authority will help the Department begin to 

make ARRA awards under this program in the current fiscal year 

and request monthly reports to the Committees on Appropriations 

of the House of Representatives and the Senate on actions taken 

to make all awards under this program. 

(INCLUDING TRANSFER OF FUNDS)

Sec. 804. The conference agreement includes a provision that 

permits the Secretary of Education to transfer up to $10,260,000 to 

the Career, Technical, and Adult Education account for carrying 

out Adult Education State Grants from amounts that would otherwise lapse at the end of fiscal year 2009, with notification to the 

Committees on Appropriations. The Senate proposed language auVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00116 Fmt 6601 Sfmt 6601 E:\HR\OC\HR151.XXX HR151

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117 

thorizing a transfer of up to $17,678,270 for this purpose, while the 

House bill did not include similar language. 

TITLE IX 

LEGISLATIVE BRANCH 

U.S. CAPITOL POLICE

GENERAL EXPENSES

The agreement includes $71,606,000 for the acquisition and installation of a new radio system for the U.S. Capitol Police as proposed by both the House and the Senate. This is the same amount 

as the supplemental request. The Government Accountability Office will support the Capitol Police in the execution of this critical 

project and have been requested by the House and Senate Appropriations Committees to provide regular updates of progress in 

meeting critical system deadlines and performance standards. 

The agreement accepts the Senate structure of the appropriations language which deletes a proviso included in the House bill 

and the supplemental request that would have placed $6,500,000 

of this amount in a contingency reserve. 

CONGRESSIONAL BUDGET OFFICE

SALARIES AND EXPENSES

The agreement includes $2,000,000 as proposed by the Senate 

for the Congressional Budget Office. These funds remain available 

until September 30, 2010. The funding provides increased resources to expedite CBO’s evaluation and scoring of major legislation expected to be considered during the remainder of fiscal year 

2009 and will accelerate staffing increases proposed in the fiscal 

year 2010 budget request. These funds were not in the supplemental request or the House bill. 

SEC. 901—GENERAL PROVISION

The agreement does not include a general provision proposed 

by the Senate related to Committee funding. The House included 

no similar language. 

TITLE X 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

(INCLUDING RESCISSION)

The conferees agree to provide $1,326,231,000 for Military Construction, Army, instead of $1,407,231,000 as proposed by the 

House and $1,278,731,000 as proposed by the Senate. The conferees also recommend a rescission of $143,242,000 from a prior 

year appropriation due to the cancellation of military construction 

projects in Iraq. The agreement includes a provision as proposed by 

the Senate to require a prefinancing statement for each project in 


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118 

Afghanistan be submitted to NATO before funds can be obligated 

or expended. The funds are provided as follows: 

Location Project description Request ($000) 

Conference 

agreement 

($000) 

CO: Fort Carson ............................................ Child Development Center ........................... 11,200 11,200 

CO: Fort Carson ............................................ Child Development Center ........................... 11,500 11,500 

KY: Fort Knox ................................................ CDC Connector ............................................. 1,100 1,100 

MS: Mississippi AAP ..................................... Hurricane Damage Repair ........................... ........................ 49,000 

NC: Fort Bragg ............................................. Warrior in Transition Complex ..................... 88,000 88,000 

TX: Fort Bliss ................................................ Child Development Center (additional 

funds).

4,700 4,700 

TX: Fort Bliss ................................................ Child Development Center (additional 

funds).

3,900 3,900 

TX: Fort Bliss ................................................ Child Development Center (additional 

funds).

4,700 4,700 

TX: Fort Bliss ................................................ Child Development Center ........................... 14,200 14,200 

TX: Fort Hood ................................................ Warrior in Transition Complex ..................... 64,000 64,000 

TX: Fort Sam Houston .................................. Warrior in Transition Complex ..................... 87,000 87,000 

VA: Fort Belvoir ............................................ Warrior in Transition Complex ..................... 76,000 76,000 

WA: Fort Lewis .............................................. Warrior in Transition Complex ..................... 110,000 110,000 

Afghanistan: Airborne .................................. Troop Housing .............................................. 5,600 5,600 

Afghanistan: Altimur .................................... Troop Housing .............................................. 3,500 3,500 

Afghanistan: Bagram AB ............................. SOF Alpha Ramp Facilities .......................... 10,800 10,800 

Afghanistan: Bagram AB ............................. Power Plant Expansion ................................ 33,000 33,000 

Afghanistan: Bagram AB ............................. Drainage System, Phase 1 .......................... 18,500 18,500 

Afghanistan: Bagram AB ............................. Troop Housing, Phase 2 ............................... 20,000 20,000 

Afghanistan: Bagram AB ............................. Troop Housing, Phase 3 ............................... ........................ 22,000 

Afghanistan: Dwyer ...................................... Contingency Housing, Phase 1 .................... ........................ 8,600 

Afghanistan: Dwyer ...................................... Contingency Housing, Phase 2 .................... ........................ 6,900 

Afghanistan: Frontenac ................................ Contingency Housing ................................... ........................ 3,800 

Afghanistan: Gardez ..................................... Contingency Housing ................................... ........................ 8,400 

Afghanistan: Garmsir ................................... Medical Facility ............................................ 2,000 2,000 

Afghanistan: Helmand ................................. Brigade Headquarters .................................. 7,800 7,800 

Afghanistan: Jalalabad ................................ Contingency Housing ................................... ........................ 6,900 

Afghanistan: Joyce ....................................... Troop Housing .............................................. 5,200 5,200

Afghanistan: Kandahar ................................ Troop Housing, Phase 1 ............................... 8,700 8,700 

Afghanistan: Kandahar ................................ Troop Housing, Phase 2 ............................... ........................ 4,250 

Afghanistan: Kandahar ................................ South Park Drainage, Phase 1 .................... 16,500 16,500 

Afghanistan: Kandahar ................................ Utilities, Phase 1 ......................................... 27,000 27,000 

Afghanistan: Kandahar ................................ Medical Facility ............................................ 1,950 1,950 

Afghanistan: Kandahar ................................ Rotary Wing Ramps and Taxiway, Phase 2 49,000 49,000 

Afghanistan: Kandahar ................................ Command & Control Headquarters Facility 23,000 23,000 

Afghanistan: Maywand ................................. Troop Housing .............................................. 10,800 10,800 

Afghanistan: Maywand ................................. Rotary Wing Ramps and Taxiway, Phase 1 26,000 26,000 

Afghanistan: Maywand ................................. Fuel Distribution System ............................. 8,000 8,000 

Afghanistan: Shank ...................................... Fuel Distribution System ............................. 8,000 8,000 

Afghanistan: Shank ...................................... Troop Housing, Phase 1 ............................... 7,800 7,800 

Afghanistan: Shank ...................................... Troop Housing, Phase 2 ............................... ........................ 8,600 

Afghanistan: Shank ...................................... Aviation Hangar & Maintenance Facilities 11,200 11,200 

Afghanistan: Shank ...................................... Brigade Headquarters .................................. 7,800 7,800 

Afghanistan: Shank ...................................... Rotary Wing Ramps and Taxiways, Phase 2 24,000 24,000 

Afghanistan: Sharana .................................. Aviation Hangar & Maintenance Facilities 11,200 11,200 

Afghanistan: Sharana .................................. Rotary Wing Ramps and Taxiways, Phase 1 39,000 39,000 

Afghanistan: Sharana .................................. Rotary Wing Ramps and Taxiways, Phase 2 29,000 29,000 

Afghanistan: Tarin Kowt .............................. Rotary Wing Ramps and Taxiways, Phase 1 26,000 26,000 

Afghanistan: Tarin Kowt .............................. Fuel Distribution System ............................. 8,000 8,000 

Afghanistan: Tombstone/Bastion ................. Role 2 Medical Facility ................................ 4,200 4,200 

Afghanistan: Tombstone/Bastion ................. Troop Housing .............................................. 8,700 8,700 

Afghanistan: Tombstone/Bastion ................. Troop Housing, Phase 2 ............................... 5,200 5,200 

Afghanistan: Tombstone/Bastion ................. Troop Housing, Phase 3 ............................... ........................ 3,250 

Afghanistan: Tombstone/Bastion ................. Troop Housing, Phase 4 ............................... ........................ 3,800 

Afghanistan: Tombstone/Bastion ................. Rotary Wing Ramps and Taxiways, Phase 2 49,000 49,000 

Afghanistan: Tombstone/Bastion ................. Aviation Hangar & Maintenance Facilities 11,200 11,200 

Afghanistan: Tombstone/Bastion ................. Brigade Headquarters .................................. 7,800 7,800 

Afghanistan: Tombstone/Bastion ................. Fuel Distribution System ............................. 8,000 8,000 


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119 

Location Project description Request ($000) 

Conference 

agreement 

($000) 

Afghanistan: Wolverine ................................ Troop Housing .............................................. 8,900 8,900 

Afghanistan: Various Locations ................... CIED Road, Kapisa Supply Route ................ 68,000 52,000 

Germany: Ansbach ....................................... Child Development Center (Storck Barracks).9,800 9,800 

Germany: Ansbach ....................................... Child Development Center (Katterbach) ...... 13,300 13,300 

Germany: Landstuhl ..................................... Child Youth Services Center ........................ 5,500 5,500 

Italy: Vicenza ................................................ Child Youth Services Center ........................ 12,000 12,000 

Netherlands: Schinnen ................................. Child Development Center (Emma Mine) .... 11,400 11,400 

Worldwide: Unspecified ................................ Planning and Design ................................... 81,081 68,081 

Total .................................................... ...................................................................... 1,229,731 1,326,231 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

The conferees agree to provide $235,881,000 for Military Construction, Navy and Marine Corps as proposed by the House, instead of $243,083,000 as proposed by the Senate. The funds are 

provided as follows: 

Location Project description Request ($000) 

Conference 

agreement 

($000) 

CA: Camp Pendleton .................................... Child Development Center ........................... 15,420 15,420 

CA: Camp Pendleton .................................... Marine Resources and Recovery Center ...... 24,990 24,990 

CA: Camp Pendleton .................................... Wounded Warrior Battalion HQ .................... 9,900 9,900 

DC: Washington Navy Yard .......................... Child Development Center ........................... 9,340 9,340 

HI: Pearl Harbor NS ...................................... Child Development Center ........................... 32,280 32,280 

MD: Annapolis NSA ...................................... Child Development Center Expansion ......... 9,720 9,720 

MD: Patuxent River NAS ............................... Child Development Center ........................... 13,150 13,150 

MD: Patuxent River NAS ............................... Child Development Center Addition ............ 3,850 3,850 

NC: Camp Lejeune ....................................... Child Development Center ........................... 13,970 13,970 

NC: Camp Lejeune ....................................... Marine Resource and Recovery Center ........ 24,960 24,960 

NC: Camp Lejeune ....................................... Wounded Warrior Battalion HQ .................... 3,601 3,601 

NC: New River MCAS .................................... Child Development Center Addition ............ 2,670 2,670 

SC: Parris Island MCRD ............................... Child Development Center ........................... 14,670 14,670 

VA: Little Creek NAB .................................... Child Development Center ........................... 15,360 15,360 

VA: Quantico MCB ........................................ Child Development Center ........................... 17,440 17,440 

WA: Whidbey Island NAS .............................. Child Development Center ........................... 13,560 13,560 

Worldwide: Unspecified ................................ Planning and Design ................................... 14,150 11,000 

Total .................................................... ...................................................................... 239,031 235,881 

MILITARY CONSTRUCTION, AIR FORCE

The conferees agree to provide $281,620,000 for Military Con- struction, Air Force, instead of $279,120,000 as proposed by the 

House and $265,470,000 as proposed by the Senate. The agreement 

includes a provision as proposed by the Senate to require a prefinancing statement for each project in Afghanistan be submitted to 

NATO before funds can be obligated or expended. The funds are 

provided follows: 

Location Project description Request ($000) 

Conference 

agreement 

($000) 

Afghanistan: Bagram AB ............................. CAS Apron .................................................... 32,000 32,000 

Afghanistan: Kandahar ................................ Strategic Airlift Apron .................................. 84,000 84,000 

Afghanistan: Tarin Kowt .............................. Airlift Apron .................................................. 9,400 9,400

Afghanistan: Tarin Kowt .............................. Runway ......................................................... 18,500 18,500 

Afghanistan: Tombstone/Bastion ................. CAS Apron .................................................... 43,000 43,000 


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120 

Location Project description Request ($000) 

Conference 

agreement 

($000) 

Afghanistan: Tombstone/Bastion ................. Fuels Operation & Storage .......................... 2,250 2,250 

Afghanistan: Tombstone/Bastion ................. Expand Munitions Storage Area .................. 51,000 51,000 

Germany: Spangdahlem AB ......................... Child Development Center ........................... 11,400 11,400 

Qatar: Al Udeid AB ....................................... Temporary West Munitios Storage Area ...... 15,500 — 

Qatar: Al Udeid AB ....................................... Relocate South Munitions Storage Area ...... — 18,000 

Worldwide: Unspecified ................................ Planning and Design ................................... 13,920 12,070 

Total .................................................... ...................................................................... 280,970 281,620 

MILITARY CONSTRUCTION, DEFENSE-WIDE

The conferees agree to provide $661,552,000 for Military Con- struction, Defense-Wide, instead of $1,086,968,000 as proposed by 

the House and $181,500,000 as proposed by the Senate. Within the 

amount, the conferees agree to provide $488,000,000 for construction of hospitals, $169,500,000 for construction of a National Security Agency data center, and $4,052,000 for construction to support 

the Vision Center of Excellence at the National Naval Medical Center, Bethesda. The conferees also agree to include language as proposed by the Senate to authorize the full cost of construction of the 

data center at $1,589,500,000. 

National Security Agency Data Center.—The conferees agree 

to incrementally fund and fully authorize the National Security 

Agency Data Center at Camp Williams, Utah. The conferees direct 

the National Security Agency to submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the 

progress of design and construction of the project, beginning with 

the end of the fourth quarter of fiscal year 2009 and continuing 

through the quarter of project completion. This report shall include, 

at minimum, the amounts obligated and expended to date, the percentage of authorized construction completed, an updated construction and equipment installation timetable, and proposed changes, 

if any, to the submitted form 1391. The Agency is also directed to 

promptly notify the committees of any material changes in requirements, cost, or scope. The report and any associated notifications 

may be submitted in classified form if necessary. 

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

The conferees agree to provide $100,000,000 for the North Atlantic Treaty Organization Security Investment Program as proposed by both the House and the Senate. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

The conferees agree to provide $263,300,000 as proposed by the 

House instead of $230,900,000 as proposed by the Senate. 

GENERAL PROVISIONS—THIS TITLE

The conferees agree to include a modified provision (Sec. 1001) 

as proposed by the Senate related to the Armed Forces Institute of 

Pathology. 


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The conferees do not include a provision proposed by the Senate related to the designation of funds in this title. 

The conferees agree to include a provision (Sec. 1002) to amend 

title 38 to provide for certain education benefits to the children of 

a member of the Armed Forces who dies while on active duty. 

TITLE XI 

INTRODUCTION

The conference agreement provides $9,700,213,000 for Department of State, Foreign Operations, and Related Programs, which is 

$2,652,069,000 above the request. 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The conference agreement includes $997,890,000 for Diplomatic and Consular Programs, to support operations and security 

requirements for Afghanistan, Pakistan, and Iraq; and to address 

increased requirements for global activities, which is $403,575,000 

above the request. Within the amount provided, $146,358,000 is for 

Worldwide Security Protection. The funds made available under 

this heading are to be allocated according to the following table and 

are subject to the terms and conditions of section 1103 (a) and (b) 

concerning allocations and notifications: 

DIPLOMATIC AND CONSULAR PROGRAMS 

[Budget authority in thousands of dollars] 

Activity Request House Senate Conference 

Afghanistan: 

Operations ..................................................... 123,900 169,800 173,000 159,100 

Air Mobility (non-add) .......................... [17,000 ] — [57,000 ] [42,000 ] 

Public Diplomacy (non-add) ................ [22,100 ] [33,000 ] [31,000 ] [32,100 ] 

Worldwide Security Protection ....................... 101,545 121,545 101,545 116,545 

Other Agencies .............................................. 137,600 157,600 135,629 137,600 

Subtotal—Afghanistan ........................ 363,045 448,945 410,174 413,245 

Pakistan: 

Operations ..................................................... 36,462 36,462 36,462 36,462 

Public Diplomacy (non-add) ................ [30,900 ] [30,900 ] [30,900 ] [30,900 ] 

Worldwide Security Protection ....................... 9,078 9,078 9,078 9,078 

Subtotal—Pakistan ............................. 45,540 45,540 45,540 45,540 

Iraq: 

Operations and Security ............................... 150,000 486,000 150,000 486,000 

Public Diplomacy (non-add) ......................... [900 ] [900 ] [900 ] [900 ] 

Subtotal—Iraq ..................................... 150,000 486,000 150,000 486,000 

Global Programs: 

Envoys and Special Representatives—Operations ........................................................ 28,370 28,370 28,370 28,370 

Public Diplomacy—Arab Youth Programs .... 0 0 4,000 4,000 

Worldwide Security Protection ....................... 7,360 7,360 7,360 20,735 


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DIPLOMATIC AND CONSULAR PROGRAMS—Continued 

[Budget authority in thousands of dollars] 

Activity Request House Senate Conference 

Subtotal—Global Programs ................. 35,730 35,730 39,730 53,105 

Total, D&CP ................................. 594,315 1,016,215 645,444 997,890 

The conferees require prior notification of funds appropriated 

in this title for other Federal agencies, as proposed by the Senate, 

and direct that with respect to these interagency funds, the spending plan required in section 1104 of this title will be developed in 

consultation with the heads of the relevant Federal agencies, as 

proposed by the House. 

Afghanistan.—The conference agreement includes 

$159,100,000 for Afghanistan operations, including $42,000,000 for 

Department of State air mobility requirements. This includes 

$25,000,000 for the procurement of additional air wing assets contained in the fiscal year 2010 budget request. 

The conference agreement includes language in section 1102 

requiring that the uses and oversight of aircraft purchased or 

leased by the Department of State and USAID shall be coordinated 

under the authority of the Chief of Mission in Afghanistan. The 

conferees include this language, modified from the Senate, to ensure oversight, coordination and efficient use of resources. 

The conferees direct the Secretary of State to submit a report 

to the Committees on Appropriations not later than 90 days after 

enactment of this Act on the steps taken to ensure the interoperability of aircraft communications equipment and procedures for 

the use of air assets by the three primary agencies in Afghanistan—the Department of State, the United States Agency for International Development (USAID) and the Department of Defense. 

Iraq.—The conference agreement includes $486,000,000 for 

Iraq operations, of which $336,000,000 is for activities contained in 

the fiscal year 2010 budget request to assist in the transition to 

regularize diplomatic operations. 

The conferees require that the Secretary of State submit to the 

Committees on Appropriations a report on the facilities lease plan 

for Iraq not later than 90 days after enactment of this Act, as proposed by the House, and direct the Chief of Mission in Iraq to conduct a right-sizing exercise, as proposed by the Senate. 

Global Operations.—The conferees require the Secretary of 

State to submit a report to the Committees on Appropriations not 

later than 180 days after enactment of this Act accounting for the 

staff positions and resources dedicated to supporting special envoys, special representatives, coordinators, and similar positions 

and direct that any transfer of these positions to other bureaus and 

offices within the Department of State, or any reorganization affecting these positions, is subject to the regular notification procedures of the Committees on Appropriations, as proposed by the 

House. In addition, funding under this heading for global operations should be provided to support the Special Envoy for Sudan 

and the special representative and policy coordinator for Burma. 


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Public Diplomacy.—The conference agreement includes the 

transfer of up to $10,000,000 to ‘‘International Broadcasting Operations’’ of the Broadcasting Board of Governors for broadcasting activities to the Pakistan-Afghanistan border region, as proposed by 

the Senate and similar to that proposed by the House. The conferees recommend that up to $4,000,000 of the funds appropriated 

in this title for public diplomacy programs be made available 

through an open and competitive process for new Arabic language 

television programs for broadcast to Arabic-speaking countries, as 

proposed by the Senate. 

Personnel Report.—The conferees direct the Secretary of State 

to submit a report to the Committees on Appropriations not later 

than 45 days after enactment of this Act on the promotion process 

at the Department as it relates to any preferential consideration 

given for service in Iraq, Afghanistan, and Pakistan as compared 

to other hardship posts, as proposed by the Senate. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $24,122,000 for Office of Inspector General, which is $16,921,000 above the request. Of the 

funds provided under this heading, the conferees include language 

transferring $7,200,000 to the Special Inspector General for Afghanistan Reconstruction (SIGAR) and $7,000,000 to the Special 

Inspector General for Iraq Reconstruction (SIGIR). The balance of 

the funds, $9,922,000, is for oversight requirements of the Inspector General of the Department of State, as proposed by the House 

and similar to that proposed by the Senate. 

The conference agreement requires that the Inspector General 

of the United States Department of State and the Broadcasting 

Board of Governors, the SIGIR, the SIGAR, and the USAID Inspector General coordinate and integrate the programming of funds 

made available in fiscal year 2009 for oversight of programs in Afghanistan, Pakistan and Iraq, and direct the Secretary of State to 

submit to the Committees on Appropriations the annual comprehensive audit plan for Southwest Asia developed by the Southwest Asia Joint Planning Group in accordance with section 842 of 

Public Law 110–181, as proposed by the House. 

The conference agreement also extends to the SIGAR the temporary hiring authority of section 3161 of title 5 of the United 

States Code, as proposed by both the House and Senate. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The conference agreement includes $921,500,000 for urgent 

embassy security, construction, and maintenance costs, which is 

$22,772,000 above the request. The funds made available under 

this heading are to be allocated according to the following table and 

are subject to the terms and conditions of section 1103 (a) and (b) 

concerning allocations and notifications: 


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EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 

[Budget authority in thousands of dollars] 

Activity Request House Senate Conference 

Afghanistan: 

Land Acquisition and Site Development .............. 87,028 87,028 10,000 20,000 

Subtotal—Afghanistan ................................ 87,028 87,028 10,000 20,000 

Pakistan: 

Islamabad—Construction/Renovation .................. 736,500 736,500 735,500 735,500 

Lahore—Acquisition, Mitigation and Development .................................................................. 29,600 29,600 29,500 29,500 

Peshawar—NOB and Housing .............................. 40,100 131,000 40,000 131,000 

Subtotal—Pakistan ...................................... 806,200 897,100 805,000 896,000 

Global Programs: 

Mobile Mail Screening Units ................................. 5,500 5,500 5,500 5,500 

Subtotal—Global Programs ......................... 5,500 5,500 5,500 5,500 

Total, ESCM ......................................... 898,728 989,628 820,500 921,500 

Civilian Surge.—The conferees urge the Secretary of State to 

ensure that both office and housing plans accommodate the surge 

in civilian personnel under the recently announced strategy for Afghanistan and Pakistan. The conferees direct the Secretary of State 

to ensure that the spending plan required in section 1104 includes 

detailed information about facilities plans in Afghanistan and Pakistan and how such plans are integrated into the current strategy, 

as proposed by both the House and Senate. 

Property Acquisition in Afghanistan.—The conferees are concerned about the request for the acquisition of land for the expansion of the United States Mission in Afghanistan and direct the Department of State to continue negotiations with the Government of 

Afghanistan concerning land acquisition for this purpose and notify 

the Committees on Appropriations on the outcome of these negotiations prior to the obligation of funds for such purpose. 

Pakistan Facilities.—The conference agreement includes 

$896,000,000 for the construction of safe and secure facilities in 

Pakistan, of which $90,900,000 is contained in the fiscal year 2010 

request for housing and offices in Peshawar, as proposed by the 

House. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The conference agreement includes $721,000,000 for Contributions for International Peacekeeping Activities (CIPA), which is 

$115,900,000 below the request. Funding for programs and activities for Somalia is included under the heading ‘‘Peacekeeping Operations.’’ 


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UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

The conference agreement includes $157,600,000 for Operating 

Expenses, which is $5,000,000 above the request. Of the total, 

$140,000,000 is for Afghanistan operations (including $40,000,000 

for aircraft operations); $7,600,000 is for Pakistan operations; and 

$10,000,000 is for West Bank and Gaza operations. 

The conferees direct the USAID Administrator to ensure that 

the spending plan required in section 1104 includes information 

about the proposed additional personnel and operating costs for 

USAID operations in Afghanistan and Pakistan. 

Afghanistan Airwing.—USAID should undertake efforts to ensure that its airwing is interoperable and its procedures are consistent with those of the Department of State and the Department 

of Defense. 

Personnel Report.—The conferees direct the USAID Administrator to submit a report to the Committees on Appropriations not 

later than 45 days after enactment of this Act on USAID’s promotion process as it relates to any preferential consideration given 

for service in Iraq, Afghanistan, and Pakistan as compared to other 

hardship posts, as proposed by the Senate. 

CAPITAL INVESTMENT FUND

The conference agreement includes $48,500,000 for Capital Investment Fund, which is the same as the request. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $3,500,000 for Office of Inspector General for increased oversight of programs in Afghanistan 

and Pakistan, which is $3,500,000 above the request. In addition, 

the agreement includes language under the heading ‘‘Economic 

Support Fund’’ transferring $2,000,000 to the Office of Inspector 

General for oversight of USAID activities in the West Bank and 

Gaza. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

GLOBAL HEALTH AND CHILD SURVIVAL

The conference agreement includes $150,000,000 for Global 

Health and Child Survival, which is $150,000,000 above the request. 

Global Pandemic Preparedness and Response.—The conference 

agreement provides $50,000,000 to support global pandemic preparedness and response. The conferees expect additional funds to 

be transferred to USAID for global pandemic preparedness and response activities from the amounts provided under title VIII of this 

Act. 


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The conferees include language, proposed by the House, providing authority to the President to use funds appropriated under 

the headings ‘‘Global Health and Child Survival’’, ‘‘Development 

Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Millennium Challenge 

Corporation’’ to combat an H1N1 influenza pandemic, if the President determines that the human-to-human transmission of the 

virus is virulent, efficient and sustained, severe, spreading internationally to multiple regions, and has been designated by the 

World Health Organization (WHO) to be at the highest phase of 

the Global Influenza Pandemic Alert. The conferees are aware of 

ongoing efforts to clarify the WHO’s pandemic definition and reiterate that this authority is only for use if H1N1 is a severe global 

threat. In the event that the President exercises this authority, the 

conferees expect the Office of Management and Budget to seek replenishments for any funds reprogrammed from these accounts. 

Global Fund.—The conference agreement also includes 

$100,000,000 for an additional United States contribution to the 

Global Fund to Fight AIDS, Tuberculosis and Malaria, as proposed 

by the House. The Senate had proposed $50,000,000. 

DEVELOPMENT ASSISTANCE

The conference agreement includes no funding for Development Assistance, which is $38,000,000 below the request. Funding 

for Kenya is provided under the ‘‘Economic Support Fund’’ heading. 

Sri Lanka.—The conferees direct the Secretary of State to submit a report to the Committees on Appropriations not later than 

45 days after enactment of this Act detailing incidents during the 

conflict in Sri Lanka that may constitute violations of international 

humanitarian law or crimes against humanity, and, to the extent 

practicable, identifying the parties responsible. 

INTERNATIONAL DISASTER ASSISTANCE

The conference agreement includes $270,000,000 for International Disaster Assistance, which is $40,000,000 above the revised request, of which not less than $55,000,000 is intended to 

meet the growing needs of internally displaced persons in Pakistan. 

The balance of funds is available to meet basic needs of internally 

displaced persons in Africa, the Middle East, and South and Central Asia, and to respond to other humanitarian crises. 

The conferees urge USAID and the Department of State to ensure the provision of humanitarian assistance to those displaced in 

Sri Lanka. In addition, the conferees encourage the Secretary of 

State and the USAID Administrator to support, through other relevant assistance accounts, programs that increase and integrate 

the participation of Tamils in Sri Lankan society and foster reconciliation between ethnic Tamil and Sinhalese communities. 

ECONOMIC SUPPORT FUND

The conference agreement includes $2,973,601,000 for Economic Support Fund, which is $30,899,000 below the revised request. Funds made available under the heading are to be allocated 

according to the following table and are subject to the terms and 


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conditions of section 1103 (a) and (b) concerning allocations and notifications: 

ECONOMIC SUPPORT FUND 

[Budget authority in thousands of dollars] 

Country/program and activity Request House Senate Conference 

Countries 

Afghanistan: 

Afghan Civilian Assistance Program ............ 0 ......................... 11,000 12,000 

Afghan Reconstruction Trust Fund ............... 85,000 ......................... 115,000 115,000 

National Solidarity Program (non-add) ........ [20,000 ] [70,000 ] [70,000 ] [70,000 ] 

Agriculture ..................................................... 85,000 ......................... 100,000 100,000 

Alternative Development ............................... 55,000 ......................... 65,000 65,000 

Cross Border Development Program (nonadd) .......................................................... 0 ......................... [10,000 ] [10,000 ] 

Widows Assistance ........................................ 0 ......................... 5,000 5,000 

Women NGOs ................................................. 0 ......................... 30,000 30,000 

Capacity Building (non-add) ........................ 0 ......................... [5,000 ] [5,000 ] 

Program Support (non-add) .......................... 0 ......................... [25,000 ] [25,000 ] 

Subtotal, Allocated ............................... 225,000 0 326,000 327,000 

Unallocated ............................................................ 614,000 839,000 540,000 534,000 

Subtotal, Afghanistan .......................... 839,000 839,000 866,000 861,000 

Pakistan: 

Democracy Programs .................................... ......................... ......................... 10,000 10,000 

Humanitarian Assistance/Protection for Vulnerable Populations .................................. 8,000 ......................... 50,000 125,000 

Baluchistan and East Indus River Development Programs ......................................... ......................... ......................... 5,000 5,000 

Cross Border Development Program (nonadd) .......................................................... ......................... ......................... [10,000 ] [10,000 ] 

Subtotal, Allocated Pakistan ............... 8,000 0 65,000 140,000 

Unallocated ............................................................ 551,500 529,500 ......................... 399,000 

Subtotal, Pakistan ............................... 559,500 529,500 439,000 539,000 

Iraq: 

Community Action Program (CAP) ................ 35,000 ......................... 50,000 50,000 

Democracy and Civil Society ........................ 112,000 ......................... 118,000 118,000 

USIP (non-add) ............................................. ......................... [7,000 ] ......................... [7,000 ] 

Iraq Cultural Antiquities ............................... 0 ......................... 2,000 2,000 

Marla Fund .................................................... 3,500 ......................... 10,000 10,000 

Targeted Stability Programs ......................... 0 ......................... 20,000 15,000 

Widows Assistance ........................................ 5,000 ......................... 5,000 5,000 

Subtotal, Allocated ............................... 155,500 0 205,000 200,000 

Unallocated ............................................................ 293,500 442,000 234,000 239,000 

Subtotal, Iraq ....................................... 449,000 449,000 439,000 439,000 

West Bank and Gaza ............................................. 556,000 556,000 556,000 551,000 

Subtotal, West Bank and Gaza .................... 556,000 556,000 556,000 551,000 

Other Countries 

Burma ..................................................................... 13,000 13,000 13,000 13,000 

Democratic Republic of the Congo ........................ 0 0 10,000 10,000 

Egypt ...................................................................... 0 50,000 0 50,000 

Jordan ..................................................................... 0 100,000 150,000 150,000 

Kenya ...................................................................... 0 18,000 0 35,000 

North Korea ............................................................ 95,000 0 0 0 

Somalia .................................................................. 0 10,000 10,000 10,000 

Sudan ..................................................................... 0 15,000 0 10,000 

Yemen ..................................................................... 0 0 15,000 10,000 


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ECONOMIC SUPPORT FUND—Continued 

[Budget authority in thousands of dollars] 

Country/program and activity Request House Senate Conference 

Zimbabwe ............................................................... 45,000 28,000 45,000 40,000 

Subtotal, Other Countries ............................. 153,000 234,000 243,000 328,000 

Program 

Assistance to Developing Countries Affected by 

the Global Financial Crisis ............................... 448,000 300,000 285,000 255,601 

Subtotal, Program ......................................... 448,000 300,000 285,000 255,601 

Total—ESF ........................................... 3,004,500 2,907,500 2,828,000 2,973,601 

Africa 

Democratic Republic of the Congo (DRC).—The conference 

agreement includes $10,000,000 for programs and activities to assist victims of gender-based violence in the DRC. 

Somalia.—The conference agreement includes $10,000,000 to 

support programs to provide employment opportunities for youth 

and to support capacity building of governmental institutions and 

civil society organizations to promote good governance. 

East Asia and Pacific 

Burma.—The conference agreement includes $13,000,000 for assistance for Burma, of which $10,000,000 is for continuing humanitarian assistance to Cyclone Nargis-affected areas inside 

Burma and $3,000,000 is for humanitarian assistance for refugees, 

migrants in Thailand, and internally displaced persons. The conferees direct the Department of State and USAID to ensure that 

no assistance flows to or through the Burmese government, its bureaucracy, or regime-affiliated organizations, such as governmentorganized NGOs. 

The conferees direct the Comptroller General of the United 

States to conduct an assessment of the assistance provided by the 

United States in response to Cyclone Nargis in Burma, as proposed 

by the Senate, as well as an assessment of the methods of delivery, 

effectiveness, and accountability of humanitarian and development 

assistance for Burma from other donors. 

The conferees direct the Secretary of State to submit a report 

to the Committees on Appropriations not later than 30 days after 

enactment of this Act that details the findings and recommendations of the Department of State’s review of United States policy 

toward Burma. 

Near East 

Iraq.—The conference agreement includes $439,000,000 for assistance for Iraq. The conferees direct the Department of State and 

USAID to clarify to the Committees on Appropriations the funding 

streams for democracy and governance program implementers in 

the fiscal year 2010 budget request. The conference agreement includes $2,000,000 for the preservation of Iraqi cultural antiquities to be administered by the AmVerDate Nov 24 2008 23:12 Jun 13, 2009 Jkt 050159 PO 00000 Frm 00128 Fmt 6601 Sfmt 6601 E:\HR\OC\HR151.XXX HR151

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bassador’s Fund for Cultural Preservation, and directs the Department of State to consult with the Committees on Appropriations 

prior to the obligation of funds for these activities. 

The conferees are concerned about the treatment of women in 

Iraq, and urge the Department of State and USAID to continue efforts to encourage the incorporation of women in stabilizing Iraq 

and creating its government institutions. The conferees are also 

concerned about the plight of women and religious minorities, including Iraqi Christians, amongst displaced and refugee populations and urges that programs of support for displaced and refugee populations take into account the needs of these minority 

groups. 

Jordan.—The conference agreement includes $150,000,000 for 

assistance for Jordan to help mitigate the impact of the global economic crisis including for health, education, water and sanitation, 

and other impacts resulting from refugee populations in Jordan. 

West Bank and Gaza.—The conference agreement includes not 

more than $551,000,000 for economic and humanitarian assistance 

for the West Bank and Gaza, which is $5,000,000 below the request. The conferees note that $5,000,000 for USAID 

admininstrative expenses are included under the heading ‘‘Operating Expenses’’. Of the amount provided, up to $200,000,000 is 

available for cash transfer assistance to the Palestinian Authority 

in the West Bank. The conferees continue the prohibition on salaries for personnel of the Palestinian Authority located in Gaza. The 

conferees continue all terms and conditions of division H of Public 

Law 111–8 with respect to assistance for the West Bank and Gaza. 

Yemen.—The conference agreement includes $10,000,000 for 

assistance for Yemen to support education and other programs and 

activities administered by USAID, consistent with the Tribal Engagement Plan. 

South and Central Asia 

Afghanistan.—The conference agreement includes 

$861,000,000 for Afghanistan, and provides that not less than 

$150,000,000 appropriated in fiscal year 2009 for assistance for Afghanistan under the headings ‘‘Economic Support Fund’’ and 

‘‘International Narcotics Control and Law Enforcement’’ shall be 

made available to support programs that directly address the needs 

of Afghan women and girls. The conferees direct USAID and the 

Special Envoy for Afghanistan and Pakistan to consult with the 

Department of State’s Ambassador-at-Large for Global Women’s 

Issues concerning the use of these funds. The conferees direct 

USAID to increase its support for Afghan women’s organizations 

that address the needs and rights of Afghan women and girls. The 

conference agreement provides not less than $5,000,000 for capacity building for Afghan women-led nongovernmental organizations, 

and not less than $25,000,000 to support programs and activities 

of such organizations, including to provide legal assistance and 

training for Afghan women and girls about their rights, and to promote women’s health (including mental health), education, and 

leadership. 


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The conferees also direct that not less than $70,000,000 shall 

be made available for the National Solidarity Program in Afghanistan. 

Pakistan.—The conference agreement includes $539,000,000 

for assistance for Pakistan. The conferees recognize that funds may 

be considered for direct budget support for the Government of Pakistan, and direct that a bilateral agreement be in place prior to the 

provision of any direct budget support. Such an agreement should 

be structured to provide maximum accountability and oversight, 

and should contain conditions for disbursements of funds and detailed monitoring and reporting requirements. Funds should be deposited in a separate, traceable account and be allocated toward operations in specific sectors. The Secretary of State is directed to 

consult with the Committees on Appropriations prior to the provision of any budget support, including on the amounts, uses and 

oversight of such funds as well as on the bilateral agreement. The conferees intend that the majority of the $399,000,000 in 

unallocated assistance for Pakistan be used to support programs in 

the Federally Administered Tribal Areas and the North-West Frontier Province to counter the influence of violent extremists through 

local initiatives, including infrastructure, health, education, governance, rule of law, and employment opportunities. USAID’s Office of 

Transition Initiatives should be utilized to the maximum extent 

practicable in implementing such programs. 

The conferees direct the USAID Administrator to consult with 

the Committees on Appropriations on the use of up to $5,000,000 

to establish and implement a program in Pakistan modeled on the 

Afghan Civilian Assistance Program, to assist families and communities that suffer losses as a result of the military operations. 

The conferees also direct the Secretary of State to submit a report not later than 180 days after enactment of this Act detailing 

a multi-year strategy to promote democracy and good governance 

in Pakistan, including funding requirements to implement such a 

strategy. 

Cross Border Programs.—The conferees recommend up to 

$20,000,000 from within the amounts provided for Afghanistan and 

Pakistan for a new cross border stabilization and development program between Afghanistan and Pakistan or between either country 

and the Central Asian republics to strengthen governance and the 

rule of law, enhance access to media, support small-scale energy 

development, create educational and employment opportunities 

particularly for Afghan and Pakistani youth, and promote regional 

cooperation, stability, and security. The Special Representative for 

Afghanistan and Pakistan at the Department of State shall administer these funds, in consultation with USAID and the Department 

of Defense. 

Other 

Global Financial Crisis.—The conference agreement includes 

$255,601,000 for assistance for vulnerable populations in developing countries affected by the global financial crisis. The Department of State and USAID are directed to report to the Committees 

on Appropriations not later than 45 days after enactment of this 

Act and prior to the obligation of funds on implementation of this 


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program, including on the transfer of funds to the Overseas Private 

Investment Corporation and to the Development Credit Authority. 

The report should include detailed information on the programming of funds and the results of a review, and reprogramming, if 

appropriate, of existing USAID programs in targeted countries. 

In addition, the conferees direct that funding provided to the 

Millennium Challenge Corporation (MCC) in prior acts may be reprogrammed to mitigate the impact of the global financial crisis in 

MCC compact or threshold countries. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

The conference agreement includes $272,000,000 for Assistance 

for Europe, Eurasia and Central Asia, of which $242,000,000 is for 

assistance for Georgia, and $30,000,000 is for assistance for the 

Kyrgyz Republic to improve air traffic control and safety, as proposed by the Senate, which is $29,500,000 above the request. The 

conference agreement includes permissive authority to expand the 

availability of funds to other Eurasian countries allowing flexibility 

to the Department of State to address unanticipated events. 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The conference agreement includes $487,500,000 for International Narcotics Control and Law Enforcement, which is 

$98,000,000 above the request. Funds made available under the 

heading are to be allocated according to the following table and are 

subject to the terms and conditions of section 1103 (a) and (b) concerning allocations and notifications: 

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT 

[Budget authority in thousands of dollars] 

Country/Activity Request House Senate Conference 

Afghanistan: 

Good Performers Initiative ............................................................ 23,000 23,000 20,000 23,000 

Combating Violence Against Women and Girls ............................ .................. .................. 10,000 10,000 

Unallocated ................................................................................... .................. 106,000 103,000 100,000 

Subtotal, Afghanistan .......................................................... 129,000 129,000 133,000 133,000 

Iraq ......................................................................................................... 20,000 20,000 20,000 20,000 

Mexico ..................................................................................................... 66,000 160,000 66,000 160,000 

Pakistan ................................................................................................. 65,500 65,500 65,500 65,500 

West Bank and Gaza ............................................................................. 109,000 109,000 109,000 109,000 

Total—INCLE ........................................................................ 389,500 483,500 393,500 487,500 

Afghanistan.—The conferees remain concerned with continuing 

reports of violence against women and girls in Afghanistan, who 

lack adequate protection by the police or recourse from the Afghan 

judicial system. The conference agreement provides not less than 

$10,000,000 to train and support Afghan women investigators, police officers, prosecutors and judges with specific responsibility for 

investigating, prosecuting, and punishing crimes of violence against 

women and girls. 


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The conferees intend that the Secretary of State and the 

USAID Administrator, in cooperation with the Secretary of Defense, will ensure that civilian personnel assigned to serve in Afghanistan receive civilian-military coordination training that focuses on counterinsurgency and stability operations. The conferees 

direct the Secretary of State to submit a report to the Committees 

on Appropriations not later than 90 days after enactment of this 

Act, detailing how such training addresses current and future civilian-military coordination requirements. 

Mexico.—The conference agreement includes $160,000,000 for 

assistance for Mexico, and requires the Department of State to submit to the Committees on Appropriations a spending plan for such 

funds not later than 45 days after enactment of this Act. 

The conference agreement provides that none of the funds appropriated in this title shall be used for the cost of fuel for aircraft 

purchased with funds provided in this title for Mexico, or to support the operations and maintenance costs of aircraft purchased by 

the Government of Mexico. 

The conferees direct the Secretary of State to submit a report 

to the Committees on Appropriations not later than 45 days after 

enactment of this Act detailing actions taken by the Government 

of Mexico since June 30, 2008, to investigate, prosecute, and punish 

violations of internationally recognized human rights by members 

of the Mexican Federal police and military forces, and to support 

a thorough, independent, and credible investigation of the murder 

of American citizen Bradley Roland Will. 

Palestinian Security Forces.—The conferees support continued 

funding for the training of Palestinian Security Forces, and direct 

the Secretary of State to submit a report to the Committees on Appropriations not later than 90 days after enactment of this Act, in 

classified form if necessary, on the use of assistance provided by 

the United States for the training of Palestinian security forces, including the training, curriculum, and equipment provided, an assessment of the effectiveness of the training and the performance 

of forces after training is completed, and an assessment of factors 

that limit the operational capabilities of forces trained. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

The conference agreement includes $102,000,000 for Nonproliferation, Anti-Terrorism, Demining and Related Programs, 

which is $20,000,000 below the request. Within the total, 

$77,000,000 is provided for the Nonproliferation and Disarmament 

Fund for nuclear dismantlement and related activities, as well as 

for border security equipment, training, and program management 

to prevent smuggling of illicit goods into Gaza. 

The conference agreement includes a provision that the Secretary of State shall work assiduously to facilitate the regular flow 

of people and licit goods in and out of Gaza at established border 

crossings. The conferees direct the Secretary of State to submit a 

report to the Committees on Appropriations not later than 45 days 

after enactment of this Act, and every 90 days thereafter until September 30, 2010, detailing progress in this effort. 


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MIGRATION AND REFUGEE ASSISTANCE

The conference agreement includes $390,000,000 for Migration 

and Refugee Assistance, which is $57,000,000 above the revised request to respond to urgent humanitarian requirements for refugees 

and internally displaced persons (IDPs) in the Middle East, South 

and Central Asia, including Pakistan and Sri Lanka, Southeast 

Asia, Africa, Colombia and other refugees and IDPs around the 

world. 

United Nations Relief and Works Agency (UNRWA).—The conference agreement provides up to $119,000,000 for UNRWA for activities in the West Bank and Gaza. The Secretary of State is to 

submit a report to the Committees on Appropriations not later 

than 45 days after enactment of this Act, on whether UNRWA is: 

(1) utilizing Operations Support Officers in the West Bank and 

Gaza to inspect UNRWA installations and report any inappropriate 

use; (2) acting promptly to deal with any staff or beneficiary violations of its own policies (including the policies on neutrality and 

impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961; (3) taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961; (4) continuing regular reporting to the Department of State on actions it has taken to ensure conformance with 

the conditions of section 301(c) of the Foreign Assistance Act of 

1961; (5) taking steps to improve the transparency of all educational materials currently in use in UNRWA-administered 

schools; (6) using curriculum materials in UNRWA-supported 

schools and summer camps designed to promote tolerance, non-violent conflict resolution and human rights; (7) not engaging in operations with financial institutions or related entities in violation of 

relevant United States law and is enhancing its transparency and 

financial due diligence and working to diversify its banking operations in the region; and (8) in compliance with the United Nations 

Board of Auditors’ biennial audit requirements and is implementing in a timely fashion the Board’s recommendations. 

INTERNATIONAL SECURITY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

PEACEKEEPING OPERATIONS

The conference agreement includes $185,000,000 for Peacekeeping Operations (PKO), which is $135,000,000 above the request. The conferees do not include the transfer authority to allow 

funds to be shifted between accounts, as proposed by the Senate. 

Democratic Republic of the Congo (DRC).—The conference 

agreement includes $15,000,000 for the DRC, which is $5,000,000 

above the request, for training costs and procurement of equipment 

to support a professional rapid reaction force, as proposed by the 

Senate. The conferees direct that any training of a rapid reaction 

force provided with the use of PKO funding from this or prior acts, 

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vilians with a focus on the prevention of rape and other sexual 

abuse. 

Multinational Force and Observer Mission (MFO).—The conference agreement provides $2,000,000 for the MFO in the Sinai for 

activities that facilitate communications between the parties to the 

Treaty of Peace. 

Somalia.—The conference agreement provides $168,000,000 for 

assistance for Somalia, of which $115,900,000 may be used to pay 

assessed expenses of international peacekeeping activities in Somalia and $52,100,000 may be used for security sector reform. 

The conferees are concerned with the recent surge of piracy off 

the coast of the Horn of Africa and direct the Secretary of State to 

submit a report to the Committees on Appropriations, not later 

than 90 days after enactment of this Act, on the feasibility of creating an indigenous maritime capability in Somalia to combat piracy. 

INTERNATIONAL MILITARY EDUCATION AND TRAINING

The conference agreement includes $2,000,000 for International Military Education and Training, which is the same as the 

request, for education and training of Iraqi Security Forces. 

FOREIGN MILITARY FINANCING PROGRAM

The conference agreement includes $1,294,000,000 for Foreign 

Military Financing Program (FMF), which is $1,195,600,000 above 

the request. 

Mexico.—The conference agreement includes $260,000,000 to 

expand aviation support for the Mexican Navy, and includes language to ensure the expeditious delivery of such equipment. 

Lebanon.—The conference agreement includes $69,000,000 for 

assistance for Lebanon. The conferees direct that no assistance 

may be made available for obligation until the Secretary of State 

reports to the Committees on Appropriations on the vetting procedures in place to determine eligibility to participate in United 

States training and assistance programs funded under this account. 

The conferees direct the Secretary of State to report on the 

procedures in place to ensure that no funds are provided to any individuals or organizations that have any known links to terrorist 

organizations including Hezbollah, and mechanisms to monitor the 

use of the funds. 

The conferees direct that the Department of State consult with 

the Committees on Appropriations prior to the obligation of funds 

provided for assistance for Lebanon in this title. 

Security Assistance to Near East Countries.—The conference 

agreement includes funding for a portion of the fiscal year 2010 

budget request for security assistance for Jordan, Egypt, and 

Israel, the amounts of which are not in addition to the funds requested for fiscal year 2010. 

Jordan.—The conference agreement provides $150,000,000 for 

assistance for Jordan, as proposed by the House. The fiscal year 

2010 budget request, based upon a Memorandum of Understanding 

between the United States and Jordan, totals $300,000,000. 


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Egypt.—The conference agreement provides $260,000,000 for 

FMF grants for Egypt, which shall be transferred to an interest 

bearing account for Egypt in the Federal Reserve Bank of New 

York not later than October 30, 2009, similar to that proposed by 

the House. The fiscal year 2010 budget request totals 

$1,300,000,000. 

Israel.—The conference agreement provides $555,000,000 for 

FMF grants for Israel, which shall be available not later than October 30, 2009, similar to that proposed by the House. The fiscal year 

2010 budget request, based upon a Memorandum of Understanding 

between the United States and Israel, totals $2,775,000,000. The 

conference agreement provides that to the extent that the Government of Israel requests that FMF grant funds for Israel be used for 

such purposes, and as agreed by the United States and Israel, 

funds may be made available for advanced weapons systems, of 

which $145,965,000 shall be available for the procurement in Israel 

of defense articles and services, including research and development. 

PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $700,000,000 for a new 

Pakistan Counterinsurgency Capability Fund (PCCF) under the 

Department of State, which becomes available on September 30, 

2009 and remains available through fiscal year 2011. The conferees 

support the Administration’s efforts to increase the counterinsurgency capability of the Pakistani security forces to help Pakistan 

defeat the extremist networks that are operating within its territory. As the Secretary of State is the principal adviser to the President on foreign policy matters, the conferees believe the PCCF 

should be under the authority of the Department of State. The conferees note that the Department of State possesses the institutional 

capacity to manage this account, working in close coordination with 

the Department of Defense. The conferees also provide funding for 

the PCCF for fiscal year 2009 to the Department of Defense and 

direct the Secretary of State and the Secretary of Defense to jointly 

develop a plan for transitioning the PCCF from the Department of 

Defense to the Department of State for fiscal year 2010. The conferees expect the Department of State to consult closely on the uses 

of the PCCF to ensure that the funds are obligated and expended 

in a timely manner, and sufficient oversight mechanisms exist. 

GENERAL PROVISIONS, THIS TITLE 

The conference agreement includes the following general provisions for this title: 

EXTENSION OF AUTHORITIES

The conference agreement extends certain authorities necessary to expend Department of State and foreign assistance funds. 


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136 

AFGHANISTAN

The conference agreement imposes certain conditions and limitations on assistance for Afghanistan, including assistance for Afghan women and girls, contracts and grants, acquisition of land, 

United Nations Development Program (UNDP), the National Solidarity Program, airwing implementation, and anticorruption. The 

conferees are aware of the efforts by UNDP and USAID to resolve 

concerns related to program implementation and these efforts 

should continue. 

ALLOCATIONS

The conference agreement requires that funds in the specified 

accounts shall be allocated as indicated in the respective tables in 

this joint statement, as proposed by the Senate and similar to that 

proposed by the House. Any change to these allocations shall be 

subject to the regular notification procedures of the Committees on 

Appropriations. 

SPENDING PLAN AND NOTIFICATION PROCEDURES

The conference agreement requires the Secretary of State to 

provide detailed spending plans to the Committees on Appropriations on the uses of funds appropriated in this title, similar to that 

proposed by the House and Senate. These funds are also subject to 

the regular notification procedures of the Committees on Appropriations. 

GLOBAL FINANCIAL CRISIS

The conference agreement provides for assistance for countries 

severely affected by the global financial crisis, requires the Secretary of State to submit a report prior to making assistance available, and provides authority to transfer funds to the Development 

Credit Authority and the Overseas Private Investment Corporation. 

The provision includes reprogramming authority to the MCC. 

IRAQ

The conference agreement provides certain conditions and limitations relating to assistance for Iraq, including matching funds, as 

proposed by the Senate. 

PROHIBITION ON ASSISTANCE TO HAMAS

The conference agreement prohibits assistance to Hamas or 

any entity effectively controlled by Hamas, and further prohibits 

assistance to any power-sharing government of which Hamas is a 

member unless such government, including all of its ministers or 

such equivalent, has met certain conditions. The conferees believe 

that a public acceptance should be an acceptance in writing by 

such government and its ministers, as proposed by the House and 

Senate. 

TERMS AND CONDITIONS

The conference agreement stipulates that unless designated 

otherwise in this title, the terms and conditions contained in the 


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137 

Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2009 (division H of Public Law 111–8) shall 

apply to funds appropriated by this title, except sections 7070(e) 

with respect to funds made available for macroeconomic growth assistance for Zimbabwe, and 7042(a) and (c), as proposed by the 

House and similar to that proposed by the Senate. 

MULTILATERAL DEVELOPMENT BANKS REPLENISHMENTS

The conference agreement amends permanent law to authorize 

appropriations for the fifteenth replenishment of the International 

Development Association and the eleventh replenishment of the African Development Fund, including the Multilateral Debt Relief 

Initiative, as proposed by the Senate. 

PROMOTION OF POLICY GOALS AT THE WORLD BANK GROUP

The conference agreement amends permanent law regarding 

the World Bank’s ‘‘Doing Business Report’’ and World Bank policies 

relating to the Inspection Panel, as proposed by the Senate. 

CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING

The conference agreement amends permanent law regarding 

World Bank policies relating to greenhouse gas accounting and climate change mitigation, as proposed by the Senate. 

MULTILATERAL DEVELOPMENT BANK REFORM

The conference agreement requires the Secretary of the Treasury to seek to ensure that the multilateral development banks disclose their operating budgets, rigorously evaluate their programs 

and financing, and endorse the Extractive Industry Transparency 

Initiative. It also requires coordination between the Secretary of 

the Treasury, Secretary of State, USAID Administrator, and other 

relevant Federal agencies, on United States policy relating to the 

development activities of the World Bank Group, as proposed by 

the Senate. 

OVERSEAS COMPARABILITY PAY ADJUSTMENT

The conference agreement authorizes locality pay adjustments 

for fiscal year 2009 for members of the Foreign Service stationed 

overseas comparable to that if such member’s official duty station 

were in the District of Columbia, as proposed by the Senate. 

REFUGEE PROGRAMS AND OVERSIGHT

The conference agreement provides that up to $119,000,000 

from funds appropriated under the ‘‘Migration and Refugee Assistance’’ heading in this title may be made available to UNRWA for 

the West Bank and Gaza and transfers $1,000,000 of the funds 

made available under the ‘‘Economic Support Fund’’ heading to the 

Inspector General of the Department of State for oversight of activities in the West Bank and Gaza and surrounding region, similar to that proposed by the House. The agreement includes the 

UNRWA report requirement proposed by the House in modified 

form under the ‘‘Migration and Refugee Assistance’’ heading in this 

joint statement. 


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TECHNICAL AND OTHER PROVISIONS

The conference agreement includes the following technical and 

other provisions: subsection (a) of this provision modifies a limitation in current law regarding assistance for Egypt, similar to that 

proposed by the Senate; subsection (b) applies the regular notification procedures to funds that are transferred to the Department of 

State or USAID, similar to that proposed by the Senate; subsection 

(c) authorizes USAID to recruit retired Civil Service employees as 

re-employed annuitants to serve in Iraq, Afghanistan, or Pakistan 

through 2010, similar to that proposed by the Senate; and subsection (d) authorizes a financial incentive to employees who agree 

to remain in these posts for an additional year through 2010, similar to that proposed by the Senate; and subsection (e) provides certain transfer authority, as proposed by the Senate. 

AFGHANISTAN AND PAKISTAN COMMITMENT AND CAPABILITIES REPORT

The conference agreement requires that the President report to 

the Committees on Appropriations on whether the Governments of 

Afghanistan and Pakistan are demonstrating the necessary commitment, capability, conduct and unity of purpose to warrant the 

continuation of the President’s policy announced on March 27, 

2009, similar to that proposed by the House. 

UNITED STATES POLICY REPORT ON AFGHANISTAN AND PAKISTAN

The conference agreement requires a report on the objectives 

of United States policy in Afghanistan and Pakistan, metrics to assess progress in achieving the objectives, an assessment of 

progress, and recommendations for additional resources or authorities, if any, similar to that proposed by the Senate. 

The conference agreement does not include a provision proposed in the request providing the availability of assistance for 

Burma and Afghanistan notwithstanding any other provision of 

law. The conference agreement includes limited notwithstanding 

authority for Burma under the heading ‘‘Economic Support Fund’’ 

and a limited notwithstanding authority for Zimbabwe in section 

1108. The conferees also provide limited notwithstanding authority 

for Afghanistan. The conference agreement does not include House 

sections 21006 (Somalia) and Senate sections 1103 (Burma), 1108 

(Mexico), 1115 (Assistance for Pakistan), 1116 (Special Authority), 

1120 (Overseas Deployments), and 1122 (Additional Amount for Assistance for Georgia). 

TITLE XII 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

The agreement provides $13,200,000 from the Airport and Airway Trust Fund to remain available until expended to carry out 


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the essential air service program as proposed by the Senate. The 

House did not include a similar provision. 

FEDERAL AVIATION ADMINISTRATION

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

The agreement rescinds $13,200,000 in excess Grants-in-Aid 

for Airports contract authority, as proposed by the Senate. The 

House did not include a similar provision. 

GENERAL PROVISIONS—THIS TITLE 

Section 1201 removes a limitation that prevents the State of 

North Dakota from spending more than $10,000,000 of highway 

funding from the emergency relief program in any given year on 

the repair and strengthening of the roads surrounding Devils Lake, 

as proposed by the Senate. The House did not include a similar 

provision. 

Section 1202 allows transit agencies to use up to 10 percent of 

the formula grants provided in the American Recovery and Reinvestment Act (ARRA) for operating expenses. The conferees modified the original Senate language to clarify that 10 percent of the 

funds provided in ARRA for intercity bus service shall also be 

available to cover operating expenses which is consistent with existing law. The House did not include a similar provision. 

Section 1203 includes a provision proposed by the Senate 

which replaces the $50,000,000 allocation provided in Public Law 

110–329 with an $80,000,000 allocation, and designates this funding for tenant-based Section 8 funding for all areas affected by 

Hurricanes Katrina and Rita. The House did not include a similar 

provision. 

Section 1204 clarifies that eligible recipients for the funds provided in ARRA for gap financing include owners of affordable housing tax credits under section 1400N of the Internal Revenue Code 

of 1986, known as ‘‘disaster credits’’ or ‘‘Go Zone’’ credits, as well 

as owners of projects that receive low income housing tax credits 

under section 42(h) of the Internal Revenue Code of 1986, as proposed by the Senate. The House did not include a similar provision. 

Section 1205 includes a new provision which clarifies prevailing wage requirements for housing funds provided in ARRA. 

TITLE XIII—CONSUMER ASSISTANCE TO RECYCLE AND 

SAVE ACT 

The conference agreement includes a new title providing $1 billion for vouchers of $3,500 or $4,500 to be applied toward the purchase or lease of a new fuel efficient automobile or truck from July 

1–November 1, 2009. To qualify for a voucher under this authority 

the vehicle turned in must be scrapped, and the purchased vehicle 

must achieve greater fuel efficiency than the vehicle to be turned 

in. 


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TITLE XIV—OTHER MATTERS 

INTERNATIONAL ASSISTANCE PROGRAMS 

INTERNATIONAL MONETARY PROGRAMS 

UNITED STATES QUOTA, INTERNATIONAL MONETARY FUND

The conference agreement provides for an increase in the 

United States quota in the International Monetary Fund (the 

Fund), as requested, of approximately 5 billion in Special Drawing 

Rights (SDRs), valued at approximately $8,000,000,000, in order to 

maintain its current voting share and veto power within the organization, as proposed by the Senate. 

LOANS TO INTERNATIONAL MONETARY FUND

The conference agreement provides for loans to the Fund, as 

requested, of the dollar equivalent of up to 75 billion SDRs. This 

will enable the United States to increase its share of the New Arrangements to Borrow, which establishes a set of credit lines extended to the Fund, from approximately $10,000,000,000 (6.6 billion SDRs) to the equivalent of $100,000,000,000, as proposed by 

the Senate. 

GENERAL PROVISIONS—INTERNATIONAL ASSISTANCE 

PROGRAMS 

Sec. 1401. The conference agreement includes a provision, as 

requested, authorizing the Secretary of the Treasury to instruct the 

United States Executive Director of the Fund to consent to amendments to the New Arrangements to Borrow and to make loans, in 

an amount not to exceed the dollar equivalent of 75 billion SDRs, 

in addition to amounts previously authorized, as proposed by the 

Senate. 

Sec. 1402. The conference agreement includes a provision, as 

requested, authorizing the United States Governor of the Fund to 

agree to and accept amendments to the Articles of Agreement of 

the Fund as proposed in resolutions approved by the Fund’s Board 

on April 28, 2008 and May 5, 2008. The provision further authorizes the United States Governor of the Fund, as requested, to consent to an increase in the United States quota in the Fund equivalent to 43,973,100,000 SDRs. The provision also authorizes the Secretary of the Treasury, as requested, to instruct the United States 

Executive Director of the Fund to agree to the sale of 12,965,649 

ounces of the Fund’s gold. Since the Fund relies primarily on income from lending operations to finance lending activities and expenses, the sale of gold will finance an endowment, the return on 

which will finance a portion of its administrative expenses. The 

conferees direct the Secretary of Treasury to seek to ensure that 

the Fund provides support to low-income countries by making 

available Fund resources of not less than $4,000,000,000 and that 

such resources should be provided as loans with substantial 

concessionality and debt service payment relief and/or grants, as 

proposed by the Senate. 


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Sec. 1403. The conference agreement requires the Secretary of 

the Treasury, in consultation with the United States Executive Director of the World Bank and the Executive Board of the Fund, to 

submit a report detailing the steps taken to coordinate the activities of the World Bank and the Fund to avoid the duplication of 

missions, and steps taken by the Department of the Treasury and 

the Fund to increase the oversight and accountability of Fund activities. The conference agreement requires the United States Executive Director of the Fund to use the voice and vote of the United 

States to oppose any loan, project, agreement, or other activity that 

imposes budget constraints, and to promote social spending in the 

country. All provisions were proposed by the Senate. 

Sec. 1404. The conference agreement includes a provision that 

amends the International Financial Institutions Act to require the 

United States Executive Director at each of the International Financial Institutions (as defined in section 1701(c)(2) of this Act) to 

use the voice and vote of the United States to oppose the provision 

of loans or other use of the funds of the respective institution to 

any country the government of which as repeatedly provided support for acts of international terrorism. 

GENERAL PROVISIONS—THIS ACT 

AVAILABILITY OF FUNDS

Sec. 14101. The conference agreement includes a provision proposed by both the House and Senate that limits the availability of 

funds provided in this Act. 

OVERSEAS DEPLOYMENTS AND EMERGENCY DESIGNATIONS

Sec. 14102. The conference agreement includes a global designation, as proposed by the House, providing that each amount in 

titles I, II, IV, V, VII, VIII, IX, XII, XIII, XIV, and VI, except 

amounts under the heading ‘‘Coast Guard Operating Expenses’’, is 

designated as necessary to meet emergency needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 

concurrent resolution on the budget for fiscal year 2010. The agreement also includes a global designation, as proposed by the House, 

providing that all other amounts in the bill, except certain amounts 

rescinded in section 309 of the conference report, are designated as 

being for overseas deployments and other activities pursuant to 

sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress). 

The Senate included emergency and overseas deployment designations on an account-by-account basis. 

RESTRICTIONS AND REQUIREMENTS REGARDING THE TRANSFER AND

RELEASE OF GUANTANAMO BAY DETAINEES

Sec. 14103. The conference agreement includes language prohibiting current detainees from being released in the continental 

United States, Alaska, Hawaii or D.C. The agreement also prohibits current detainees from being transferred to the U.S., except 

to be prosecuted, and only 45 days after Congress receives a plan 

detailing the risks involved and a plan for mitigating such risk; 

cost of the transfer; legal rationale and court demands; and a copy 

of the notification provided to the Governor of the receiving state 


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(or the Mayor of the District of Columbia) 14 days before a transfer 

with a certification by the Attorney General that the individual 

poses little or no security risk. 

Under the conference agreement, current detainees cannot be 

transferred or released to another country unless the President 

submits to Congress 15 days prior to such transfer: (a) the name 

of the individual and the country to which the individual will be 

transferred; (b) an assessment of risks posed and actions taken to 

mitigate such risks; and (c) the terms of the transfer agreement 

with the other country, including any financial assistance. Finally, 

the agreement includes language requiring the President to submit 

a report to Congress describing the disposition of each current detainee before the facility can be closed. 

The conference agreement deletes the language included in 

title II of the Senate amendment that prohibited the use of funds 

appropriated or made available by this or any prior Act to transfer, 

release or incarcerate Guantanamo detainees to or within the U.S. 

The conference agreement also deletes a provision proposed by 

the House that required the President to submit to Congress by October 1, 2009 a comprehensive plan on the proposed disposition of 

the Guantanamo Bay detention facilities. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2009 recommended by the Committee of Conference, comparisons 

to the 2009 budget estimates, and the House and Senate bills for 

2009 follow: 

[In thousands of dollars] 

Budget estimates of new (obligational) authority, fiscal year 2009 92,145,120 

House bill, fiscal year 2009 ................................................................... 96,716,971 

Senate bill, fiscal year 2009 .................................................................. 91,283,119 

Conference agreement, fiscal year 2009 .............................................. 105,850,549 

Conference agreement compared with: 

Budget estimates of new (obligational) authority, fiscal year 

2009 .............................................................................................. +13,705,429 

House bill, fiscal year 2009 ............................................................ +9,133,578 

Senate bill, fiscal year 2009 ........................................................... +14,567,430 

NOTIFICATION OF EMERGENCY LEGISLATION 

The congressional budget resolution (S. Con. Res. 13) agreed to 

by Congress for fiscal year 2010 includes provisions relating to the 

notification of emergency spending. These provisions require a 

statement of how the emergency provisions contained in the conference agreement meet the criteria for emergency spending as 

identified in the budget resolution. 

The conference agreement contains emergency funding for fiscal year 2009 primarily for natural disasters and the threat of pandemic influenza. Funding for natural disasters includes, but is not 

limited to, wildland fires, flooding in the Upper Midwest and Pacific Northwest, for ice storms, for Katrina hurricane recovery and 

subsequent storms, including Hurricanes Ike and Gustav in the 

gulf coast region, and for other needs. The funding is related to unanticipated needs and is for situations that are sudden, urgent, and 

unforeseen, specifically prevention of pandemic influenza and other 

disasters. These needs meet the criteria for emergencies. 


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DISCLOSURE OF CONGRESSIONAL EARMARKS AND 

CONGRESSIONALLY DIRECTED SPENDING ITEMS 

Following is a list of congressional earmarks and congressionally directed spending items (as defined in clause 9 of rule XXI of 

the Rules of the House of Representatives and rule XLIV of the 

Standing Rules of the Senate, respectively) included in the conference report or the accompanying joint statement of managers, 

along with the name of each House Member, Delegate, Resident 

Commissioner, or Senator who submitted a request to the Committee of jurisdiction for each item so identified. Neither the conference report nor the joint statement of managers contains any 

limited tax benefits or limited tariff benefits as defined in the applicable House or Senate rules. 

TITLE IV—ENERGY AND WATER DEVELOPMENT 

[Congressionally Directed Spending Items] 

Account Project Amount Requester(s) 

Flood Control and 

Coastal Emergencies 

Mississippi Barrier Island Restoration $439,000,000 Cochran, Wicker 

General Provision Upper Newport Bay, California Feinstein 

TITLE V—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

[Congressionally Directed Spending Items] 

Account Project Amount Requester(s) 

General Provision Amendment to Federal Deposit Insurance 

Act—Interest rate ceilings 

Lincoln 

TITLE VI—HOMELAND SECURITY 

[Congressionally Directed Spending Items] 

Account Project Amount Requester(s) 

General Provision Jones Act Waiver—Drydock ALABAMA, AL Bonner, Shelby 

General Provision Jones Act Waiver—Vessel MARYLAND INDEPENDENCE, MD Ruppersberger 

General Provision Communications System, MS Cochran, Wicker 

General Provision Hurricanes Katrina/Rita—Case Management, 

MS 

Cochran 

General Provision Hurricanes Katrina/Rita—Primary and Secondary School Repair Reimbursement, LA Landrieu 

General Provision Hurricane Ike—Disaster Assistance Direct 

Loans, TX 

Hutchison 

General Provision Reimbursements for Presidentially Declared 

Disasters—TX, LA, KY, WV * 

Edwards (TX), Culberson, 

Hutchison, Melancon, Alexander (LA), Landrieu, Vitter, 

Rogers (KY), Byrd 


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TITLE X—MILITARY CONSTRUCTION 

[Congressionally Directed Spending Items] 

Account Project Amount Requester(s) 

Military Construction, 

Army 

Mississippi Army Ammunition Plant Hurricane 

Damage Repair 

$49,000,000 Cochran, Taylor 

Military Construction, 

Navy 

Vision Center of Excellence, Maryland 4,052,000 Murray, Boozman, Nye, Walz 

TITLE XII—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT 

[Congressionally Directed Spending Items] 

Account Project Amount Requester(s) 

Federal-aid Highway 

Program, Emergency 

Relief 

Devils Lake Roads, North Dakota Dorgan, Conrad 

* Item was neither committed to the conference committee by either House nor in a report of a committee of either House on either bill. 

DAVID R. OBEY, 

JOHN P. MURTHA, 

NITA M. LOWEY, 

ROSA L. DELAURO, 

CHET EDWARDS, 

Managers on the Part of the House. 

DANIEL K. INOUYE, 

ROBERT C. BYRD, 

PATRICK J. LEAHY, 

TOM HARKIN, 

BARBARA A. MIKULSKI, 

HERB KOHL, 

PATTY MURRAY, 

BYRON L. DORGAN, 

DIANNE FEINSTEIN, 

RICHARD J. DURBIN, 

TIM JOHNSON, 

MARY L. LANDRIEU, 

JACK REED, 

FRANK R. LAUTENBERG, 

E. BENJAMIN NELSON, 

MARK PRYOR, 

JON TESTER, 

ARLEN SPECTER, 

THAD COCHRAN, 

KIT BOND, 

MITCH MCCONNELL, 

JUDD GREGG, 

ROBERT F. BENNETT, 

LAMAR ALEXANDER, 

SUSAN COLLINS, 

GEORGE V. VOINOVICH, 

LISA MURKOWSKI, 

Managers on the Part of the Senate. 


tjames on PRODPC75 with REPORTS