I 

111TH CONGRESS 

1ST SESSION H. R. 2346 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2009 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

Making supplemental appropriations for the fiscal year 

ending September 30, 2009, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2009, and for other pur6 poses, namely: 

7 TITLE I—DEFENSE MATTERS 

8 DEPARTMENT OF DEFENSE 

9 MILITARY PERSONNEL 

10 MILITARY PERSONNEL, ARMY

11 For an additional amount for ‘‘Military Personnel, 

12 Army’’, $10,924,641,000. 

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1 MILITARY PERSONNEL, NAVY

2 For an additional amount for ‘‘Military Personnel, 

3 Navy’’, $1,716,827,000. 

4 MILITARY PERSONNEL, MARINE CORPS

5 For an additional amount for ‘‘Military Personnel, 

6 Marine Corps’’, $1,577,850,000. 

7 MILITARY PERSONNEL, AIR FORCE

8 For an additional amount for ‘‘Military Personnel, 

9 Air Force’’, $1,783,208,000. 

10 RESERVE PERSONNEL, ARMY

11 For an additional amount for ‘‘Reserve Personnel, 

12 Army’’, $381,155,000. 

13 RESERVE PERSONNEL, NAVY

14 For an additional amount for ‘‘Reserve Personnel, 

15 Navy’’, $39,478,000. 

16 RESERVE PERSONNEL, MARINE CORPS

17 For an additional amount for ‘‘Reserve Personnel, 

18 Marine Corps’’, $29,179,000. 

19 RESERVE PERSONNEL, AIR FORCE

20 For an additional amount for ‘‘Reserve Personnel, 

21 Air Force’’, $16,943,000. 

22 NATIONAL GUARD PERSONNEL, ARMY

23 For an additional amount for ‘‘National Guard Per24 sonnel, Army’’, $1,373,273,000. 

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1 NATIONAL GUARD PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘National Guard Per3 sonnel, Air Force’’, $101,360,000. 

4 OPERATION AND MAINTENANCE 

5 OPERATION AND MAINTENANCE, ARMY

6 For an additional amount for ‘‘Operation and Main7 tenance, Army’’, $14,024,703,000. 

8 OPERATION AND MAINTENANCE, NAVY

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy’’, $2,367,959,000: Provided, That up to 

12 $129,503,000 may be transferred to the Coast Guard 

13 ‘‘Operating Expenses’’ account. 

14 OPERATION AND MAINTENANCE, MARINE CORPS

15 For an additional amount for ‘‘Operation and Main16 tenance, Marine Corps’’, $1,084,081,000. 

17 OPERATION AND MAINTENANCE, AIR FORCE

18 For an additional amount for ‘‘Operation and Main19 tenance, Air Force’’, $6,216,729,000. 

20 OPERATION AND MAINTENANCE, DEFENSE-WIDE

21 (INCLUDING TRANSFER OF FUNDS)

22 For an additional amount for ‘‘Operation and Main23 tenance, Defense-Wide’’, $5,353,701,000, of which— 

24 (1) not to exceed $10,000,000 shall be available 

25 for the Combatant Commander Initiative Fund, to 

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1 be used in support of Operation Iraqi Freedom and 

2 Operation Enduring Freedom; 

3 (2) not to exceed $810,000,000, to remain 

4 available until expended, shall be for payments to re5 imburse Pakistan, Jordan, and other key cooper6 ating nations, for logistical, military, and other sup7 port including access provided, or to be provided, to 

8 United States military operations in support of Op9 eration Iraqi Freedom and Operation Enduring 

10 Freedom, notwithstanding any other provision of 

11 law: Provided, That such reimbursement payments 

12 may be made, at the discretion of the Secretary of 

13 Defense, in such amounts as the Secretary of De14 fense, with the concurrence of the Secretary of 

15 State, and in consultation with the Director of the 

16 Office of Management and Budget, may determine, 

17 based on documentation determined by the Secretary 

18 of Defense to adequately account for the support 

19 provided, and such determination is final and con20 clusive upon the accounting officers of the United 

21 States, and 15 days following notification to the ap22 propriate congressional committees: Provided further, 

23 That these funds may be used for the purpose of 

24 providing specialized training and procuring supplies 

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1 plies and loaning such equipment on a non-reimburs2 able basis to friendly foreign forces supporting 

3 United States military operations in Iraq and Af4 ghanistan; 

5 (3) not to exceed $10,000,000 shall be available 

6 for emergencies and extraordinary expenses: Pro7 vided, That the Secretary of Defense shall certify 

8 that such payments are necessary for confidential 

9 military purposes; and 

10 (4) not to exceed $350,000,000, to remain 

11 available until September 30, 2010, shall be for 

12 counternarcotics and other activities including assist13 ance to other Federal agencies, on the United States 

14 border with Mexico: Provided, That the Secretary of 

15 Defense may transfer these funds to appropriations 

16 for military personnel, operation and maintenance, 

17 and procurement to be available for the same pur18 poses as the appropriation or fund to which trans19 ferred: Provided further, That the Secretary of De20 fense may transfer up to $100,000,000 of this 

21 amount to any other Federal appropriations ac22 counts, with the concurrence of the head of the rel23 evant Federal department or agency for border-re24 lated activities: Provided further, That the funds 

25 transferred shall be merged with and be available for 

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1 the same purposes and the same time period, as the 

2 appropriation to which transferred: Provided further, 

3 That this transfer authority is in addition to any 

4 other transfer authority available to the Department 

5 of Defense: Provided further, That upon a deter6 mination that all or part of the funds so transferred 

7 from this appropriation are not necessary for the 

8 purposes provided herein, such amounts may be 

9 transferred back to this appropriation, to be merged 

10 with and made available for the same purposes and 

11 for the time period provided under this heading. 

12 OPERATION AND MAINTENANCE, ARMY RESERVE

13 For an additional amount for ‘‘Operation and Main14 tenance, Army Reserve’’, $101,317,000. 

15 OPERATION AND MAINTENANCE, NAVY RESERVE

16 For an additional amount for ‘‘Operation and Main17 tenance, Navy Reserve’’, $24,318,000. 

18 OPERATION AND MAINTENANCE, MARINE CORPS

19 RESERVE

20 For an additional amount for ‘‘Operation and Main21 tenance, Marine Corps Reserve’’, $30,775,000. 

22 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

23 For an additional amount for ‘‘Operation and Main24 tenance, Air Force Reserve’’, $34,599,000. 

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1 OPERATION AND MAINTENANCE, ARMY NATIONAL

2 GUARD

3 For an additional amount for ‘‘Operation and Main4 tenance, Army National Guard’’, $178,446,000. 

5 IRAQ FREEDOM FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for the ‘‘Iraq Freedom 

8 Fund’’, $365,000,000, to remain available to the Sec9 retary of Defense for transfer until September 30, 2010, 

10 of which— 

11 (1) not to exceed $350,000,000 shall be avail12 able for rapid response to unforeseen, immediate 

13 warfighter needs for Iraq, Afghanistan, and other 

14 geographic areas in which combat or direct combat 

15 support operations for Iraq and Afghanistan occur 

16 in order to minimize casualties and ensure mission 

17 success for Operation Iraqi Freedom and Operation 

18 Enduring Freedom: Provided, That these funds are 

19 available for transfer to any other appropriations ac20 counts of the Department of Defense to accomplish 

21 the purposes provided herein: Provided further, That 

22 upon a determination that all or part of the funds 

23 so transferred from this appropriation are not nec24 essary for the purposes provided herein, such 

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1 tion: Provided further, That this transfer authority is 

2 in addition to any other transfer authority available 

3 to the Department of Defense; and 

4 (2) not to exceed $15,000,000 shall be available 

5 to the Secretary of Defense to transport the remains 

6 of servicemembers killed in combat operations: Pro7 vided, That these funds are available for transfer to 

8 any other appropriations accounts of the Depart9 ment of Defense to accomplish the purposes pro10 vided herein: Provided further, That upon a deter11 mination that all or part of the funds so transferred 

12 from this appropriation are not necessary for the 

13 purposes provided herein, such amounts may be 

14 transferred back to this appropriation: Provided fur15 ther, That this transfer authority is in addition to 

16 any other transfer authority available to the Depart17 ment of Defense. 

18 AFGHANISTAN SECURITY FORCES FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For an additional amount for the ‘‘Afghanistan Secu21 rity Forces Fund’’, $3,606,939,000, to remain available 

22 until September 30, 2010: Provided, That the Secretary 

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

24 any obligation or transfer from this appropriation account, 

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1 notify the congressional defense committees in writing of 

2 the details of the proposed obligation or transfer. 

3 PAKISTAN COUNTERINSURGENCY FUND

4 (INCLUDING TRANSFER OF FUNDS)

5 For the ‘‘Pakistan Counterinsurgency Fund’’, hereby 

6 established in the Treasury of the United States, 

7 $400,000,000, to remain available until September 30, 

8 2010: Provided, That such funds shall be available to the 

9 Secretary of Defense, with the concurrence of the Sec10 retary of State, notwithstanding any other provision of 

11 law, to provide assistance to the security forces of Paki12 stan (including the provision of equipment, supplies, serv13 ices, training, facility and infrastructure repair, renova14 tion, and construction) to improve the counterinsurgency 

15 capability of Pakistan’s security forces, and, on an excep16 tional basis, irregular security forces: Provided further, 

17 That the authority to provide assistance under this provi18 sion is in addition to any other authority to provide assist19 ance to foreign nations: Provided further, That the Sec20 retary of Defense may transfer such amounts as the Sec21 retary may determine from the funds provided herein to 

22 any appropriations available to the Department of Defense 

23 or, with the concurrence of the Secretary of State and 

24 head of the relevant Federal department or agency, to any 

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1 plish the purposes provided herein: Provided further, That 

2 funds so transferred shall be merged with and be available 

3 for the same purposes and for the same time period as 

4 the appropriation or fund to which transferred: Provided 

5 further, That upon determination by the Secretary of De6 fense or head of other Federal department or agency, with 

7 the concurrence of the Secretary of State, that all or part 

8 of the funds so transferred from this appropriation are 

9 not necessary for the purposes herein, such amounts may 

10 be transferred by the head of the relevant Federal depart11 ment or agency back to this appropriation and shall be 

12 available for the same purposes and for the same time pe13 riod as originally appropriated: Provided further, That the 

14 authority of the Secretary of Defense to obligate or trans15 fer funds pursuant to this paragraph shall apply only to 

16 the funds appropriated for such purposes in this Act, and 

17 such authority shall not be continued beyond the expira18 tion date specified in the matter preceding the first pro19 viso: Provided further, That funds may not be obligated 

20 or transferred from the ‘‘Pakistan Counterinsurgency 

21 Fund’’ until 15 days after the date on which the Secretary 

22 of Defense notifies the Committees on Appropriations of 

23 the House of Representatives and the Senate, and the con24 gressional defense and foreign affairs committees, in writ25 ing of the details of the proposed obligation or transfer. 

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1 PROCUREMENT 

2 AIRCRAFT PROCUREMENT, ARMY

3 For an additional amount for ‘‘Aircraft Procurement, 

4 Army’’, $1,285,304,000, to remain available until Sep5 tember 30, 2011. 

6 MISSILE PROCUREMENT, ARMY

7 For an additional amount for ‘‘Missile Procurement, 

8 Army’’, $677,141,000, to remain available until Sep9 tember 30, 2011. 

10 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

11 VEHICLES, ARMY

12 For an additional amount for ‘‘Procurement of Weap13 ons and Tracked Combat Vehicles, Army’’, 

14 $2,233,871,000, to remain available until September 30, 

15 2011. 

16 PROCUREMENT OF AMMUNITION, ARMY

17 For an additional amount for ‘‘Procurement of Am18 munition, Army’’, $230,075,000, to remain available until 

19 September 30, 2011. 

20 OTHER PROCUREMENT, ARMY

21 For an additional amount for ‘‘Other Procurement, 

22 Army’’, $8,039,349,000, to remain available until Sep23 tember 30, 2011. 

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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $691,924,000, to remain available until September 

4 30, 2011. 

5 WEAPONS PROCUREMENT, NAVY

6 For an additional amount for ‘‘Weapons Procure7 ment, Navy’’, $31,698,000, to remain available until Sep8 tember 30, 2011. 

9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For an additional amount for ‘‘Procurement of Am12 munition, Navy and Marine Corps’’, $348,919,000, to re13 main available until September 30, 2011. 

14 OTHER PROCUREMENT, NAVY

15 For an additional amount for ‘‘Other Procurement, 

16 Navy’’, $172,095,000, to remain available until September 

17 30, 2011. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $1,509,986,000, to remain available until Sep21 tember 30, 2011. 

22 AIRCRAFT PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Aircraft Procurement, 

24 Air Force’’, $5,138,268,000, to remain available until 

25 September 30, 2011. 

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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $57,416,000, to remain available until Sep4 tember 30, 2011. 

5 PROCUREMENT OF AMMUNITION, AIR FORCE

6 For an additional amount for ‘‘Procurement of Am7 munition, Air Force’’, $183,684,000, to remain available 

8 until September 30, 2011. 

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement, 

11 Air Force’’, $1,745,761,000, to remain available until 

12 September 30, 2011. 

13 PROCUREMENT, DEFENSE-WIDE

14 For an additional amount for ‘‘Procurement, De15 fense-Wide’’, $200,068,000, to remain available until Sep16 tember 30, 2011. 

17 NATIONAL GUARD AND RESERVE EQUIPMENT

18 For an additional amount for procurement of high 

19 priority items of equipment that may be used by reserve 

20 component units for both its combat mission and the 

21 units’ mission in support of the State governors, 

22 $500,000,000, to remain available for obligation until Sep23 tember 30, 2011: Provided, That the Chiefs of the Na24 tional Guard and of the Reserve components shall, not 

25 later than 60 days after the enactment of this Act, individmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 ually submit to the congressional defense committees a 

2 listing of items of equipment to be procured for their re3 spective National Guard or Reserve component. 

4 RESEARCH, DEVELOPMENT, TEST AND 

5 EVALUATION 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 ARMY

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Army’’, $73,734,000, to re10 main available until September 30, 2010. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 NAVY

13 For an additional amount for ‘‘Research, Develop14 ment, Test and Evaluation, Navy’’, $96,231,000, to re15 main available until September 30, 2010. 

16 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

17 AIR FORCE

18 For an additional amount for ‘‘Research, Develop19 ment, Test and Evaluation, Air Force’’, $92,574,000, to 

20 remain available until September 30, 2010. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

22 DEFENSE-WIDE

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Defense-Wide’’, 

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1 $459,391,000, to remain available until September 30, 

2 2010. 

3 REVOLVING AND MANAGEMENT FUNDS 

4 DEFENSE WORKING CAPITAL FUNDS

5 For an additional amount for ‘‘Defense Working 

6 Capital Funds’’, $846,726,000, to remain available until 

7 expended. 

8 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

9 DEFENSE HEALTH PROGRAM

10 For an additional amount for ‘‘Defense Health Pro11 gram’’, $1,097,297,000, of which $845,508,000, to re12 main available until September 30, 2009, is for operation 

13 and maintenance; of which $50,185,000, to remain avail14 able until September 30, 2011, is for procurement; and 

15 of which $201,604,000, to remain available until Sep16 tember 30, 2010, is for research, development, test and 

17 evaluation. 

18 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

19 DEFENSE

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘Drug Interdiction and 

22 Counter-Drug Activities, Defense’’, $137,198,000, to re23 main available until expended. 

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1 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

2 For an additional amount for ‘‘Joint Improvised Ex3 plosive Device Defeat Fund’’, $1,316,746,000, to remain 

4 available until September 30, 2011. 

5 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for the ‘‘Mine Resistant 

8 Ambush Protected Vehicle Fund’’, $4,843,000,000, to re9 main available until September 30, 2010: Provided, That 

10 such funds shall be available to the Secretary of Defense, 

11 notwithstanding any other provision of law, to procure, 

12 sustain, transport, and field Mine Resistant Ambush Pro13 tected vehicles: Provided further, That the Secretary shall 

14 transfer such funds only to appropriations for operation 

15 and maintenance; procurement; research, development, 

16 test and evaluation; and defense working capital funds to 

17 accomplish the purposes provided herein: Provided further, 

18 That this transfer authority is in addition to any other 

19 transfer authority available to the Department of Defense: 

20 Provided further, That upon determination that all or part 

21 of the funds so transferred from this appropriation are 

22 not necessary for the purposes provided herein, such 

23 amounts may be transferred back to this appropriation: 

24 Provided further, That the Secretary shall, not fewer than 

25 15 days prior to making transfers from this appropriation, 

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1 notify the congressional defense committees in writing of 

2 the details of any such transfer. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For an additional amount for ‘‘Office of the Inspector 

5 General’’, $9,551,000. 

6 GENERAL PROVISIONS, THIS TITLE 

7 SEC. 10001. Notwithstanding any other provision of 

8 law, funds made available in this title are in addition to 

9 amounts appropriated or otherwise made available for the 

10 Department of Defense for fiscal year 2009. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 10002. Upon the determination of the Secretary 

13 of Defense that such action is necessary in the national 

14 interest, the Secretary may transfer between appropria15 tions up to $2,000,000,000 of the funds made available 

16 to the Department of Defense in this title: Provided, That 

17 the Secretary shall notify the Congress promptly of each 

18 transfer made pursuant to the authority in this section: 

19 Provided further, That the authority provided in this sec20 tion is in addition to any other transfer authority available 

21 to the Department of Defense and is subject to the same 

22 terms and conditions as the authority provided in section 

23 8005 of the Department of Defense Appropriations Act, 

24 2009 (division C of Public Law 110–329) except for the 

25 fourth proviso. 

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1 SEC. 10003. Funds appropriated by this title, or 

2 made available by the transfer of funds in this title, for 

3 intelligence activities are deemed to be specifically author4 ized by the Congress for purposes of section 504(a)(1) of 

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

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 10004. During fiscal year 2009 and from funds 

8 in the Defense Cooperation Account, as established by 10 

9 U.S.C. 2608, the Secretary of Defense may transfer up 

10 to $6,500,000 to such appropriations or funds of the De11 partment of Defense as the Secretary shall determine for 

12 use consistent with the purposes for which such funds 

13 were contributed and accepted: Provided, That such 

14 amounts shall be available for the same time period as 

15 the appropriation to which transferred: Provided further, 

16 That the Secretary shall report to the Congress all trans17 fers made pursuant to this authority. 

18 SEC. 10005. Supervision and administration costs as19 sociated with a construction project funded with appro20 priations available for operation and maintenance, ‘‘Af21 ghanistan Security Forces Fund’’ or ‘‘Iraq Security 

22 Forces Fund’’ provided in this title, and executed in direct 

23 support of the overseas contingency operations only in 

24 Iraq and Afghanistan, may be obligated at the time a con25 struction contract is awarded: Provided, That for the purmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 pose of this section, supervision and administration costs 

2 include all in-house Government costs. 

3 (INCLUDING RESCISSIONS)

4 SEC. 10006. (a)(1) Of the funds appropriated in 

5 chapter 2 of title IX of Public Law 110–252 under the 

6 heading, ‘‘Iraq Security Forces Fund’’, $1,000,000,000 is 

7 rescinded. 

8 (2) For an additional amount for ‘‘Iraq Security 

9 Forces Fund’’, $1,000,000,000, to remain available until 

10 September 30, 2010: Provided, That funds may not be ob11 ligated or transferred from this fund until 15 days after 

12 the date on which the Secretary of Defense notifies the 

13 congressional defense committees in writing of the details 

14 of the proposed obligation or transfer. 

15 (b)(1) Of the funds appropriated in chapter 2 of title 

16 IX of Public Law 110–252 under the heading, ‘‘Afghani17 stan Security Forces Fund’’, $125,000,000 is rescinded. 

18 (2) For an additional amount for the ‘‘Afghani19 stan Security Forces Fund’’, $125,000,000, to re20 main available until September 30, 2010. 

21 SEC. 10007. Funds made available in this Act to the 

22 Department of Defense for operation and maintenance 

23 may be used to purchase items having an investment unit 

24 cost of not more than $250,000: Provided, That upon de25 termination by the Secretary of Defense that such action 

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1 is necessary to meet the operational requirements of a 

2 Commander of a Combatant Command engaged in contin3 gency operations overseas, such funds may be used to pur4 chase items having an investment item unit cost of not 

5 more than $500,000: Provided further, That the Secretary 

6 shall report to the Congress all purchases made pursuant 

7 to this authority within 30 days of using the authority. 

8 SEC. 10008. (a) Beginning in fiscal year 2009, dur9 ing any year in which funds are authorized to be appro10 priated to carry out the Commander’s Emergency Re11 sponse Program, the Secretary of Defense may accept con12 tributions of funds from any person, foreign government, 

13 or international organization to carry out the Com14 mander’s Emergency Response Program in Iraq or Af15 ghanistan. 

16 (b) Funds contributed pursuant to subsection (a) 

17 shall be credited to ‘‘Operation and Maintenance, Army’’. 

18 (c) Funds contributed pursuant to subsection (a) 

19 shall become available during each year in which funds 

20 authorized to be appropriated have been appropriated. 

21 SEC. 10009. (a) Until September 30, 2009, the Sec22 retary of Defense may enter into an agreement with the 

23 head of an executive department or agency that has estab24 lished internship programs to reimburse that department 

25 or agency for the costs associated with the first year of 

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1 employment of eligible military spouses into positions 

2 under the internship program. 

3 (b) The Secretary may provide such reimbursement 

4 to the department or agency, from funds otherwise made 

5 available for ‘‘Operation and Maintenance, Defense6 Wide’’, including the costs of the salary, benefits and al7 lowances, and training of the military spouse for the first 

8 year of employment, for eligible military spouses beginning 

9 their internship by September 30, 2009. 

10 (c) In this section: 

11 (1) The term ‘‘eligible military spouse’’ means 

12 any person married to a member of the Armed 

13 Forces on active duty at the time of appointment, 

14 other than a person who— 

15 (A) is legally separated from a member of 

16 the Armed Forces under court order or statute 

17 of any State or possession of the United States; 

18 (B) is also a member of the Armed Forces 

19 on active duty; or 

20 (C) is a retired member of the Armed 

21 Forces. 

22 (2) The term ‘‘internship’’ means a profes23 sional, analytical, or administrative position in the 

24 Federal Government that operates under a develop25 mental program leading to career advancement. 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 10010. Notwithstanding any other provision of 

3 law, of the funds appropriated in this title for ‘‘Operation 

4 and Maintenance, Defense-Wide’’, the Secretary of De5 fense may transfer up to $30,000,000 to the Department 

6 of State ‘‘Assistance for Europe, Eurasia and Central 

7 Asia’’ account, with the concurrence of the Secretary of 

8 State, to provide a long-range air traffic control and safety 

9 system to support air operations in the Kyrgyz Republic, 

10 including Manas International Airport and Air Base: Pro11 vided, That funds transferred under this section shall re12 main available until expended. 

13 SEC. 10011. From funds made available in this title, 

14 the Secretary of Defense may purchase motor vehicles for 

15 use by military and civilian employees of the Department 

16 of Defense in Iraq and Afghanistan, up to a limit of 

17 $75,000 per vehicle, notwithstanding other limitations ap18 plicable to passenger carrying motor vehicles. 

19 (RESCISSIONS)

20 SEC. 10012. (a) Of the funds appropriated in the De21 partment of Defense Appropriations Act, 2009 (division 

22 C of Public Law 110–329), the following amounts are re23 scinded from the following accounts in the amounts speci24 fied: ‘‘Operation and Maintenance, Army’’, $352,359,000; 

25 ‘‘Operation and Maintenance, Navy’’, $881,481,000; ‘‘Opmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 eration and Maintenance, Marine Corps’’, $54,466,000; 

2 ‘‘Operation and Maintenance, Air Force’’, $925,203,000; 

3 ‘‘Operation and Maintenance, Defense-Wide’’, 

4 $81,135,000; ‘‘Operation and Maintenance, Army Re5 serve’’, $23,338,000; ‘‘Operation and Maintenance, Navy 

6 Reserve’’, $62,910,000; ‘‘Operation and Maintenance, Ma7 rine Corps Reserve’’, $1,250,000; ‘‘Operation and Mainte8 nance, Air Force Reserve’’, $163,786,000; ‘‘Operation and 

9 Maintenance, Army National Guard’’, $57,819,000; ‘‘Op10 eration and Maintenance, Air National Guard’’, 

11 $250,645,000; ‘‘Research, Development, Test and Evalua12 tion, Navy’’, $30,510,000; and ‘‘Research, Development, 

13 Test and Evaluation, Air Force’’, $15,098,000. 

14 (b)(1) Of the funds appropriated in the Department 

15 of Defense Appropriations Act, 2008 (division A of Public 

16 Law 110–116) under the heading ‘‘Research, Develop17 ment, Test and Evaluation, Navy’’, $5,000,000 is re18 scinded. 

19 (2) Of the funds appropriated in the Department of 

20 Defense Appropriations Act, 2009 (division C of Public 

21 Law 110–329) under the heading ‘‘Operation and Mainte22 nance, Defense-Wide’’, $5,000,000 is rescinded. 

23 (c) Of the funds appropriated in the Department of 

24 Defense Appropriations Act, 2009 (division C of Public 

25 Law 110–329) under the heading ‘‘Research, Developmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 ment, Test and Evaluation, Air Force’’, $100,000,000 is 

2 rescinded. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 10013. Upon enactment of this Act, the Sec5 retary of Defense shall make the following transfers of 

6 funds: Provided, That the amounts transferred shall be 

7 made available for the same purpose as the appropriations 

8 to which transferred, and for the same time period as the 

9 appropriation from which transferred: Provided further, 

10 That the funds shall be transferred between the following 

11 appropriations in the amounts specified: 

12 To: 

13 ‘‘Military Personnel, Army, 2009’’, 

14 $100,600,000; ‘‘Reserve Personnel, Army, 2009’’, 

15 $41,000,000; and ‘‘National Guard Personnel, 

16 Army, 2009’’, $9,000,000. 

17 From: 

18 Funds appropriated in the Department of De19 fense Appropriations Act, 2009 (division C of Public 

20 Law 110–329) under the heading ‘‘Aircraft Procure21 ment, Army, 2009/2011’’, $22,600,000; and under 

22 the heading ‘‘Procurement of Ammunition, Army, 

23 2009/2011’’, $107,100,000. 

24 From: 

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1 Funds appropriated in the Department of De2 fense Appropriations Act, 2008 (division A of Public 

3 Law 110–116) under the heading ‘‘Other Procure4 ment, Army, 2008/2010’’, $20,900,000. 

5 (RESCISSIONS)

6 SEC. 10014. Of the funds appropriated in the De7 partment of Defense Appropriations Act, 2009 (division 

8 C of Public Law 110–329), under the heading ‘‘Operation 

9 and Maintenance, Defense-Wide’’, $181,500,000 is re10 scinded. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 10015. (a) RETROACTIVE PAYMENT OF STOP13 LOSS SPECIAL PAY.—In addition to the amounts appro14 priated or otherwise made available elsewhere in this Act, 

15 $734,400,000 is appropriated to the Department of De16 fense, to remain available for obligation until expended. 

17 Provided, That such funds shall be available to the Secre18 taries of the military departments only to make the pay19 ment specified in subsection (b) to members of the Armed 

20 Forces, including members of the reserve components, and 

21 former and retired members under the jurisdiction of the 

22 Secretary who, at any time during the period beginning 

23 on September 11, 2001, and ending on September 30, 

24 2009, served on active duty while the members’ enlistment 

25 or period of obligated service was extended, or whose eligimstockstill@gpo.gov on PROD1PC66 with BILLS

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1 bility for retirement was suspended, pursuant to section 

2 123 or 12305 of title 10, United States Code, or any other 

3 provision of law (commonly referred to as a ‘‘stop-loss au4 thority’’) authorizing the President to extend an enlist5 ment or period of obligated service, or suspend an eligi6 bility for retirement, of a member of the uniformed serv7 ices in time of war or of national emergency declared by 

8 Congress or the President. 

9 (b) PAYMENT AMOUNT.—The amount to be paid 

10 under subsection (a) to or on behalf of an eligible member, 

11 retired member, or former member described in such sub12 section shall be $500 per month for each month or portion 

13 of a month during the period specified in such subsection 

14 that the member was retained on active duty as a result 

15 of application of the stop-loss authority. 

16 (c) TREATMENT OF DECEASED MEMBERS.—If an eli17 gible member, retired member, or former member de18 scribed in subsection (a) dies before the payment required 

19 by this section is made, the Secretary concerned shall 

20 make the payment to the designated representative or es21 tate of the member. 

22 (d) EXCLUSION OF CERTAIN FORMER MEMBERS.— 

23 A former member of the Armed Forces is not eligible for 

24 a payment under this section if the former member was 

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1 discharged or released from the Armed Forces under other 

2 than honorable conditions. 

3 (e) RELATION TO OTHER STOP-LOSS SPECIAL

4 PAY.—A member, retired member, or former member may 

5 not receive a payment under this section and stop-loss spe6 cial pay under section 8116 of the Department of Defense 

7 Appropriations Act, 2009 (division C of Public Law 110– 

8 329; 122 Stat. 3646) for the same month or portion of 

9 a month during which the member was retained on active 

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

11 SEC. 10016. (a) Section 132 of the National Defense 

12 Authorization Act for Fiscal Year 2004 (Public Law 108– 

13 136; 117 Stat. 1392) is repealed. 

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

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

16 the inventory of the Air Force 15 days after certifying to 

17 the congressional defense committees that retiring the air18 craft will not significantly increase operational risk of not 

19 meeting the National Defense Strategy, provided that 

20 such retirements may not reduce total strategic airlift 

21 force structure inventory below the 292 strategic airlift 

22 aircraft level identified in the Mobility Capability Study 

23 2005 (MCS–05) unless otherwise addressed in the fiscal 

24 year 2010 National Defense Authorization Act. 

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1 SEC. 10017. None of the funds appropriated or other2 wise made available by this title may be obligated or ex3 pended to provide award fees to any defense contractor 

4 contrary to the provisions of section 814 of the National 

5 Defense Authorization Act, Fiscal Year 2007 (Public Law 

6 109–364). 

7 SEC. 10018. None of the funds provided in this title 

8 may be used to finance programs or activities denied by 

9 Congress in fiscal years 2008 or 2009 appropriations to 

10 the Department of Defense or to initiate a procurement 

11 or research, development, test and evaluation new start 

12 program without prior written notification to the congres13 sional defense committees. 

14 SEC. 10019. None of the funds appropriated or other15 wise made available by this or any other Act shall be obli16 gated or expended by the United States Government for 

17 a purpose as follows: 

18 (1) To establish any military installation or 

19 base for the purpose of providing for the permanent 

20 stationing of United States Armed Forces in Iraq. 

21 (2) To exercise United States control over any 

22 oil resource of Iraq. 

23 SEC. 10020. None of the funds appropriated or other24 wise made available by this or any other Act shall be obli25 gated or expended by the United States Government for 

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1 the purpose of establishing any military installation or 

2 base for the purpose of providing for the permanent sta3 tioning of United States Armed Forces in Afghanistan. 

4 SEC. 10021. (a) REPORT ON IRAQ TROOP DRAW5 DOWN STATUS, GOALS, AND TIMETABLE.—In recognition 

6 and support of the policy of President Barack Obama to 

7 withdraw all United States combat brigades from Iraq by 

8 August 31, 2010, and all United States military forces 

9 from Iraq on December 31, 2011, Congress directs the 

10 Secretary of Defense (in consultation with other members 

11 of the National Security Council) to prepare a report that 

12 identifies troop drawdown status and goals and includes— 

13 (1) a detailed, month-by-month description of 

14 the transition of United States military forces and 

15 equipment out of Iraq; and 

16 (2) a detailed, month-by-month description of 

17 the transition of United States contractors out of 

18 Iraq. 

19 (b) ELEMENTS OF REPORT.—At a minimum, the 

20 Secretary of Defense shall address the following: 

21 (1) How the Government of Iraq is assuming 

22 the responsibility for reconciliation initiatives as the 

23 mission of the United States Armed Forces transi24 tions. 

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1 (2) How the drawdown of military forces com2 plies with the President’s planned withdrawal of 

3 combat brigades by August 31, 2010, and all United 

4 States forces by December 31, 2011. 

5 (3) The roles and responsibilities of remaining 

6 contractors in Iraq as the United States mission 

7 evolves, including the anticipated number of United 

8 States contractors to remain in Iraq after August 

9 31, 2010, and December 31, 2011. 

10 (c) SUBMISSION.—Not later than 90 days after the 

11 date of enactment of this Act, and every 90 days there12 after through September 30, 2010, the Secretary of De13 fense shall submit the report required by subsection (a) 

14 and a classified annex to the report, as necessary. 

15 TITLE II—MILITARY CONSTRUCTION, FOREIGN 

16 OPERATIONS, AND OTHER MATTERS 

17 CHAPTER 1—AGRICULTURE 

18 DEPARTMENT OF AGRICULTURE 

19 FOREIGN AGRICULTURAL SERVICE

20 PUBLIC LAW 480 TITLE II GRANTS

21 For an additional amount for ‘‘Public Law 480 Title 

22 II Grants’’, $500,000,000, to remain available until ex23 pended. 

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1 GENERAL PROVISIONS, THIS CHAPTER 

2 SEC. 20101. Amounts appropriated by section 101(a) 

3 of title I of division B of Public Law 109–148 (119 Stat. 

4 2747) and unobligated as of the date of the enactment 

5 of this Act shall be available to the Secretary of Agri6 culture, until expended, to provide assistance under the 

7 emergency conservation program established under title 

8 IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 

9 et seq.) for expenses related to recovery efforts in response 

10 to natural disasters. 

11 SEC. 20102. (a)(1) For an additional amount for 

12 gross obligations for the principal amount of direct and 

13 guaranteed farm ownership (7 U.S.C. 1922 et seq.) and 

14 operating (7 U.S.C. 1941 et seq.) loans, to be available 

15 from funds in the Agricultural Credit Insurance Fund, as 

16 follows: direct farm ownership loans, $360,000,000; direct 

17 operating loans, $400,000,000; and unsubsidized guaran18 teed operating loans, $50,201,000. 

19 (2) For an additional amount for the cost of direct 

20 and guaranteed loans, including the cost of modifying 

21 loans as defined in section 502 of the Congressional Budg22 et Act of 1974, as follows: direct farm ownership loans, 

23 $22,860,000; direct operating loans, $47,160,000; and un24 subsidized guaranteed operating loans, $1,250,000. 

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1 (b) Of the unobligated balances available and pro2 vided in prior year appropriations acts for discretionary 

3 programs in the Rural Development mission area, 

4 $71,270,000 is hereby rescinded. 

5 CHAPTER 2—COMMERCE AND JUSTICE 

6 DEPARTMENT OF JUSTICE 

7 LEGAL ACTIVITIES

8 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $1,648,000, to remain available until September 

11 30, 2010. 

12 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

13 For an additional amount for ‘‘Salaries and Ex14 penses’’, $5,000,000, to remain available until September 

15 30, 2010. 

16 NATIONAL SECURITY DIVISION

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Salaries and Ex19 penses’’, $1,389,000, to remain available until September 

20 30, 2010. 

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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

4 For an additional amount for ‘‘Salaries and Ex5 penses’’, $4,000,000, to remain available until September 

6 30, 2010. 

7 FEDERAL PRISON SYSTEM

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $5,038,000, to remain available until September 

11 30, 2010. 

12 GENERAL PROVISION, THIS CHAPTER 

13 (INCLUDING RESCISSION)

14 SEC. 20201. (a) Of the funds appropriated in chapter 

15 2 of title I of Public Law 110–252 under the heading ‘‘Of16 fice of Inspector General’’, $3,000,000 is rescinded. 

17 (b) For an additional amount for ‘‘Office of Inspector 

18 General’’, $3,000,000, to remain available until September 

19 30, 2010. 

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1 CHAPTER 3—ENERGY 

2 DEPARTMENT OF ENERGY 

3 ENERGY PROGRAMS 

4 STRATEGIC PETROLEUM RESERVE

5 (TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Strategic Petroleum 

7 Reserve’’, $21,585,723, to remain available until ex8 pended, to be derived by transfer from the ‘‘SPR Petro9 leum Account’’ for site maintenance activities. 

10 ATOMIC ENERGY DEFENSE ACTIVITIES 

11 NATIONAL NUCLEAR SECURITY ADMINISTRATION

12 DEFENSE NUCLEAR NONPROLIFERATION

13 For an additional amount for ‘‘Defense Nuclear Non14 proliferation’’, $55,000,000, to remain available until ex15 pended. 

16 CHAPTER 4—GENERAL GOVERNMENT 

17 EXECUTIVE OFFICE OF THE PRESIDENT AND 

18 FUNDS APPROPRIATED TO THE PRESIDENT 

19 NATIONAL SECURITY COUNCIL

20 SALARIES AND EXPENSES

21 For an additional amount for ‘‘Salaries and Ex22 penses’’, $2,936,000, of which $800,000 shall remain 

23 available until expended and $2,136,000 shall remain 

24 available until September 30, 2010. 

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1 CHAPTER 5—HOMELAND SECURITY 

2 DEPARTMENT OF HOMELAND SECURITY 

3 FEDERAL EMERGENCY MANAGEMENT AGENCY

4 FIREFIGHTER ASSISTANCE GRANTS

5 For grants awarded under section 34 of the Federal 

6 Fire Prevention and Control Act of 1974 (15 U.S.C. 

7 2229a) in fiscal years 2009 and 2010, the Administrator 

8 of the United States Fire Administration may waive the 

9 requirements of subsection (a)(1)(B) and subsection (c) 

10 of such section and may award grants for the hiring, rehir11 ing, or retention of firefighters. 

12 GENERAL PROVISIONS, THIS CHAPTER 

13 SEC. 20501. Notwithstanding sections 12112, 55102, 

14 and 55103 of title 46, United States Code, the Secretary 

15 of the department in which the Coast Guard is operating 

16 shall issue a certificate of documentation with appropriate 

17 endorsement for engaging in the coastwise trade for the 

18 drydock ALABAMA (United States official number 

19 641504). 

20 SEC. 20502. Notwithstanding sections 55101, 55103, 

21 and 12112 of title 46, United States Code, the Secretary 

22 of the department in which the Coast Guard is operating 

23 may issue a certificate of documentation with a coastwise 

24 endorsement for the vessel MARYLAND INDEPEND25 ENCE (official number 662573). The coastwise endorsemstockstill@gpo.gov on PROD1PC66 with BILLS

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1 ment issued under authority of this section is terminated 

2 if— 

3 (1) the vessel, or controlling interest in the per4 son that owns the vessel, is conveyed after the date 

5 of enactment of this Act; or 

6 (2) any repairs or alterations are made to the 

7 vessel outside of the United States. 

8 CHAPTER 6—INTERIOR AND ENVIRONMENT 

9 DEPARTMENT OF THE INTERIOR 

10 DEPARTMENT-WIDE PROGRAMS

11 WILDLAND FIRE MANAGEMENT

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount to cover necessary expenses 

14 for wildfire suppression and emergency rehabilitation ac15 tivities of the Department of the Interior, $50,000,000, 

16 to remain available until expended: Provided, That such 

17 funds shall only become available if funds provided pre18 viously for wildland fire suppression will be exhausted im19 minently and after the Secretary of the Interior notifies 

20 the Committees on Appropriations of the House of Rep21 resentatives and the Senate in writing of the need for 

22 these additional funds: Provided further, That the Sec23 retary of the Interior may transfer any of these funds to 

24 the Secretary of Agriculture if the transfer enhances the 

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1 efficiency or effectiveness of Federal wildland fire suppres2 sion activities. 

3 DEPARTMENT OF AGRICULTURE 

4 FOREST SERVICE

5 WILDLAND FIRE MANAGEMENT

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount to cover necessary expenses 

8 for wildfire suppression and emergency rehabilitation ac9 tivities of the Forest Service, $200,000,000, to remain 

10 available until expended: Provided, That such funds shall 

11 only become available if funds provided previously for 

12 wildland fire suppression will be exhausted imminently 

13 and after the Secretary of Agriculture notifies the Com14 mittees on Appropriations of the House of Representatives 

15 and the Senate in writing of the need for these additional 

16 funds: Provided further, That the Secretary of Agriculture 

17 may transfer not more than $50,000,000 of these funds 

18 to the Secretary of the Interior if the transfer enhances 

19 the efficiency or effectiveness of Federal wildland fire sup20 pression activities. 

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1 CHAPTER 7—HEALTH AND HUMAN SERVICES 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 OFFICE OF THE SECRETARY

5 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY

6 FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For an additional amount for ‘‘Public Health and So9 cial Services Emergency Fund’’ to prepare for and re10 spond to an influenza pandemic, including the develop11 ment and purchase of vaccine, antivirals, necessary med12 ical supplies, diagnostics, and other surveillance tools and 

13 to assist international efforts and respond to international 

14 needs relating to the 2009–H1N1 influenza outbreak, 

15 $1,850,000,000, to remain available until expended: Pro16 vided, That no less than $350,000,000 shall be for up17 grading State and local capacity: Provided further, That 

18 no less than $200,000,000 shall be transferred to the Cen19 ters for Disease Control and Prevention to carry out global 

20 and domestic disease surveillance, laboratory capacity and 

21 research, laboratory diagnostics, risk communication, 

22 rapid response, and quarantine: Provided further, That 

23 products purchased with these funds may, at the discre24 tion of the Secretary of Health and Human Services 

25 (‘‘Secretary’’), be deposited in the Strategic National 

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1 Stockpile under section 319F–2 of the Public Health Serv2 ice Act: Provided further, That notwithstanding section 

3 496(b) of the Public Health Service Act, funds may be 

4 used for the construction or renovation of privately owned 

5 facilities for the production of pandemic influenza vaccine 

6 and other biologics, where the Secretary finds such a con7 tract necessary to secure sufficient supplies of such vac8 cines or biologics: Provided further, That funds appro9 priated under this heading and not specifically designated 

10 under this heading may be transferred to, and merged 

11 with, other appropriation accounts of the Department of 

12 Health and Human Services and other Federal agencies, 

13 as determined by the Secretary to be appropriate, to be 

14 used for the purposes specified under this heading and to 

15 the fund authorized by section 319F–4 of the Public 

16 Health Service Act: Provided further, That transfers to 

17 other Federal agencies shall be made in consultation with 

18 the Director of the Office of Management and Budget: 

19 Provided further, That prior to transferring any funds 

20 under this heading, the Secretary shall notify the Commit21 tees on Appropriations of the House of Representatives 

22 and the Senate of any such transfer and the planned uses 

23 of the funds: Provided further, That the transfer authority 

24 provided under this heading is in addition to any other 

25 transfer authority available in this or any other Act. 

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1 GENERAL PROVISION, THIS CHAPTER 

2 SEC. 20701. Title II of division F of the Omnibus 

3 Appropriations Act, 2009 (Public Law 111–8) is amended 

4 under the heading ‘‘Children and Families Services Pro5 grams’’— 

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

7 and 

8 (2) by striking ‘‘Provided further’’ the first 

9 place it appears and inserting ‘‘Provided’’. 

10 CHAPTER 8—LEGISLATIVE BRANCH 

11 CAPITOL POLICE 

12 GENERAL EXPENSES

13 For an additional amount for ‘‘General Expenses’’, 

14 $71,606,000, to purchase and install a new radio system 

15 for the Capitol Police to remain available until September 

16 30, 2012: Provided, That $6,500,000 of these funds shall 

17 be designated as ‘‘contingency’’ and shall only be available 

18 for obligation upon approval of the Committees on Appro19 priations of the House of Representatives and the Senate: 

20 Provided further, That the Chief of the Capitol Police may 

21 not obligate any of the funds appropriated under this 

22 heading without approval of an obligation plan by the 

23 Committees on Appropriations of the House of Represent24 atives and the Senate. 

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1 CHAPTER 9—MILITARY CONSTRUCTION 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION, ARMY

4 (INCLUDING RESCISSION)

5 For an additional amount for ‘‘Military Construction, 

6 Army’’, $1,407,231,000, of which $810,850,000 shall re7 main available until September 30, 2010, and of which 

8 $596,381,000 for child development centers, warrior in 

9 transition facilities, and planning and design shall remain 

10 available until September 30, 2013: Provided, That not11 withstanding any other provision of law, such funds may 

12 be obligated and expended to carry out planning and de13 sign and military construction projects not otherwise au14 thorized by law: Provided further, That of the funds pro15 vided under this heading, not to exceed $68,081,000 shall 

16 be available for study, planning, design, and architect and 

17 engineer services: Provided further, That of the funds ap18 propriated for ‘‘Military Construction, Army’’ under Pub19 lic Law 110–252, $142,500,000 is rescinded. 

20 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

21 For an additional amount for ‘‘Military Construction, 

22 Navy and Marine Corps’’, $235,881,000, to remain avail23 able until September 30, 2013: Provided, That notwith24 standing any other provision of law, such funds may be 

25 obligated and expended to carry out planning and design 

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1 and military construction projects not otherwise author2 ized by law: Provided further, That of the funds provided 

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

4 available for study, planning, design, and architect and en5 gineer services. 

6 MILITARY CONSTRUCTION, AIR FORCE

7 (INCLUDING RESCISSION)

8 For an additional amount for ‘‘Military Construction, 

9 Air Force’’, $279,120,000, of which $255,650,000 shall 

10 remain available until September 30, 2010, and of which 

11 $23,470,000 for child development centers and planning 

12 and design shall remain available until September 30, 

13 2013: Provided, That notwithstanding any other provision 

14 of law, such funds may be obligated and expended to carry 

15 out planning and design and military construction projects 

16 not otherwise authorized by law: Provided further, That 

17 of the funds provided under this heading, not to exceed 

18 $12,070,000 shall be available for study, planning, design, 

19 and architect and engineer services: Provided further, That 

20 of the funds appropriated for ‘‘Military Construction, Air 

21 Force’’ under Public Law 110–252, $30,000,000 is re22 scinded. 

23 MILITARY CONSTRUCTION, DEFENSE-WIDE

24 For an additional amount for ‘‘Military Construction, 

25 Defense-Wide’’, $1,086,968,000, to remain available until 

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1 September 30, 2013: Provided, That notwithstanding any 

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

3 expended to carry out planning and design and military 

4 construction projects in the United States not otherwise 

5 authorized by law: Provided further, That of the amount 

6 provided under this heading, $30,000,000 shall be for the 

7 planning and design of a National Security Agency data 

8 center and $1,056,968,000 shall be for the construction 

9 of hospitals: Provided further, That not later than 30 days 

10 after the enactment of this Act, the Secretary of Defense 

11 shall submit to the Committees on Appropriations of both 

12 Houses of Congress an expenditure plan for the funds pro13 vided for hospital construction under this heading. 

14 NORTH ATLANTIC TREATY ORGANIZATION

15 SECURITY INVESTMENT PROGRAM

16 For an additional amount for ‘‘North Atlantic Treaty 

17 Organization Security Investment Program’’, 

18 $100,000,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law, 

20 such funds may be obligated and expended to carry out 

21 planning and design and military construction projects not 

22 otherwise authorized by law. 

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1 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

2 2005 

3 For deposit into the Department of Defense Base 

4 Closure Account 2005, established by section 2906A(a)(1) 

5 of the Defense Base Closure and Realignment Act of 1990 

6 (10 U.S.C. 2687 note), $263,300,000, to remain available 

7 until expended: Provided, That notwithstanding any other 

8 provision of law, such funds may be obligated and ex9 pended to carry out planning and design and military con10 struction projects not otherwise authorized by law. 

11 CHAPTER 10—STATE, FOREIGN OPERATIONS, 

12 AND RELATED PROGRAMS 

13 DEPARTMENT OF STATE 

14 ADMINISTRATION OF FOREIGN AFFAIRS

15 DIPLOMATIC AND CONSULAR PROGRAMS

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Diplomatic and Con18 sular Programs’’, $1,016,215,000, to remain available 

19 until September 30, 2010, of which $403,983,000 is for 

20 worldwide security protection and shall remain available 

21 until expended: Provided, That the Secretary of State may 

22 transfer up to $157,600,000 of the total funds made avail23 able under this heading to any other appropriation of any 

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1 port operations in and assistance for Afghanistan and to 

2 carry out the provisions of the Foreign Assistance Act of 

3 1961: Provided further, That up to $10,900,000 of the 

4 funds made available under this heading for public diplo5 macy activities should be transferred to, and merged with, 

6 funds made available for ‘‘International Broadcasting Op7 erations’’ for broadcasting activities to the Pakistan-Af8 ghanistan Border Region. 

9 OFFICE OF INSPECTOR GENERAL

10 (INCLUDING TRANSFER OF FUNDS)

11 For an additional amount for ‘‘Office of Inspector 

12 General’’, $17,123,000, to remain available until Sep13 tember 30, 2010, of which $7,201,000 shall be transferred 

14 to the Special Inspector General for Afghanistan Recon15 struction for reconstruction oversight: Provided, That the 

16 Special Inspector General for Afghanistan Reconstruction 

17 may exercise the authorities of subsections (b) through (i) 

18 of section 3161 of title 5, United States Code (without 

19 regard to subsection (a) of such section) for funds made 

20 available for fiscal years 2009 and 2010: Provided further, 

21 That the Inspector General of the United States Depart22 ment of State and the Broadcasting Board of Governors, 

23 the Special Inspector General for Iraq Reconstruction, the 

24 Special Inspector General for Afghanistan Reconstruction, 

25 and the Inspector General of the United States Agency 

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1 for International Development shall coordinate and inte2 grate the programming of funds made available under this 

3 heading in fiscal year 2009 for oversight of programs in 

4 Afghanistan, Pakistan and Iraq: Provided further, That 

5 the Secretary of State shall submit to the Committees on 

6 Appropriations of the House of Representatives and the 

7 Senate, within 30 days of completion, the annual com8 prehensive audit plan for the Middle East and South Asia 

9 developed by the Southwest Asia Joint Planning Group 

10 in accordance with section 842 of Public Law 110–181. 

11 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

12 For an additional amount for ‘‘Embassy Security, 

13 Construction, and Maintenance’’, $989,628,000, to re14 main available until expended, for worldwide security up15 grades, acquisition, and construction as authorized: Pro16 vided, That funds made available under this heading in 

17 this chapter shall be for providing secure diplomatic facili18 ties and housing for United States Mission staff in Af19 ghanistan and Pakistan, and for the deployment of mobile 

20 mail screening units. 

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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

3 ACTIVITIES

4 For an additional amount for ‘‘Contributions for 

5 International Peacekeeping Activities’’, $836,900,000, to 

6 remain available until September 30, 2010. 

7 UNITED STATES AGENCY FOR INTERNATIONAL 

8 DEVELOPMENT 

9 FUNDS APPROPRIATED TO THE PRESIDENT

10 OPERATING EXPENSES

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

12 $152,600,000, to remain available until September 30, 

13 2010. 

14 CAPITAL INVESTMENT FUND

15 For an additional amount for ‘‘Capital Investment 

16 Fund’’, $48,500,000, to remain available until expended. 

17 OFFICE OF INSPECTOR GENERAL

18 For an additional amount for ‘‘Office of Inspector 

19 General’’, $3,500,000, to remain available until September 

20 30, 2010, for oversight of programs in Afghanistan and 

21 Pakistan. 

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1 BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 GLOBAL HEALTH AND CHILD SURVIVAL

4 For an additional amount for ‘‘Global Health and 

5 Child Survival’’, $300,000,000, to remain available until 

6 September 30, 2010: Provided, That $200,000,000 shall 

7 be made available for pandemic preparedness and re8 sponse: Provided further, That $100,000,000 shall be 

9 made available, notwithstanding any other provision of 

10 law, except for the United States Leadership Against 

11 HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public 

12 Law 108–25), for a United States contribution to the 

13 Global Fund to Fight AIDS, Tuberculosis and Malaria: 

14 Provided further, That the amounts made available under 

15 this heading in this chapter are in addition to amounts 

16 made available for such purpose in the Department of 

17 State, Foreign Operations and Related Programs Appro18 priations Act, 2009 (division H of Public Law 111–8): 

19 Provided further, That notwithstanding any other provi20 sion of law, to include minimum funding requirements or 

21 funding directives, if the President determines and reports 

22 to the Committees on Appropriations of the House of Rep23 resentatives and the Senate that the human-to-human 

24 transmission of the H1N1 virus is efficient and sustained, 

25 and is spreading internationally, funds made available 

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1 under the headings ‘‘Global Health and Child Survival’’, 

2 ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, 

3 and ‘‘Millennium Challenge Corporation’’ in prior Acts 

4 making appropriations for the Department of State, for5 eign operations, and related programs may be made avail6 able to combat the H1N1 virus: Provided further, That 

7 funds made available pursuant to the authority of the pre8 vious proviso shall be subject to prior consultation with, 

9 and the regular notification procedures of, the Committees 

10 on Appropriations of the House of Representatives and the 

11 Senate. 

12 INTERNATIONAL DISASTER ASSISTANCE

13 For an additional amount for ‘‘International Disaster 

14 Assistance’’, $200,000,000, to remain available until ex15 pended. 

16 ECONOMIC SUPPORT FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Economic Support 

19 Fund’’, $2,907,500,000, to remain available until Sep20 tember 30, 2010, of which up to $529,500,000 is for as21 sistance for Pakistan: Provided, That of the funds made 

22 available under this heading, not less than $70,000,000 

23 shall be made available for the National Solidarity Pro24 gram in Afghanistan: Provided further, That of the funds 

25 made available under this heading, not more than 

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1 $556,000,000 may be made available for assistance for the 

2 West Bank and Gaza, of which not to exceed $5,000,000 

3 may be used for administrative expenses of the United 

4 States Agency for International Development, in addition 

5 to funds otherwise available for such purposes, to carry 

6 out programs in the West Bank and Gaza, and of which 

7 $2,000,000 shall be transferred, and merged with, funds 

8 available under the heading ‘‘United States Agency for 

9 International Development, Funds Appropriated to the 

10 President, Office of Inspector General’’ to conduct over11 sight of programs in the West Bank and Gaza: Provided 

12 further, That of the amounts made available for assistance 

13 for the West Bank and Gaza, not more than $200,000,000 

14 may be made available for cash transfer assistance to the 

15 Palestinian Authority: Provided further, That none of the 

16 funds made available under this heading for cash transfer 

17 assistance to the Palestinian Authority may be obligated 

18 for salaries of personnel of the Palestinian Authority lo19 cated in Gaza: Provided further, That up to $10,000,000 

20 of the funds made available under this heading may be 

21 made available for disaster assistance in Burma only for 

22 humanitarian assistance to Burmese affected by Cyclone 

23 Nargis, notwithstanding any other provision of law: Pro24 vided further, That of the funds made available under this 

25 heading, up to $300,000,000 may be made available for 

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1 assistance for developing countries impacted by the global 

2 financial crisis, including Haiti, Liberia, and Indonesia. 

3 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

4 For an additional amount for ‘‘Assistance for Eu5 rope, Eurasia and Central Asia’’, $242,500,000, to remain 

6 available until September 30, 2010, shall be available for 

7 assistance for Georgia: Provided, That funds appropriated 

8 under this heading shall be subject to prior consultations 

9 with, and the regular notification procedures of, the Com10 mittees on Appropriations of the House of Representatives 

11 and the Senate. 

12 DEPARTMENT OF STATE

13 INTERNATIONAL NARCOTICS CONTROL AND LAW

14 ENFORCEMENT

15 For an additional amount for ‘‘International Nar16 cotics Control and Law Enforcement’’, $483,500,000, to 

17 remain available until September 30, 2010: Provided, 

18 That not less than $160,000,000 shall be made available 

19 for assistance for Mexico to combat drug trafficking and 

20 related violence and organized crime, and for judicial re21 form, institution building, anti-corruption, and rule of law 

22 activities, and shall be immediately available notwith23 standing section 7045(e) of the Department of State, For24 eign Operations, and Related Programs Appropriations 

25 Act, 2009 (division H of Public Law 111–8): Provided furmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 ther, That funds made available pursuant to the previous 

2 proviso shall be made available subject to prior consulta3 tion with, and the regular notification procedures of, the 

4 Committees on Appropriations of the House of Represent5 atives and the Senate, except that notifications shall be 

6 transmitted at least 5 days in advance of the obligation 

7 of any funds appropriated under this heading: Provided 

8 further, That of the funds appropriated under this head9 ing, not more than $106,000,000 shall be made available 

10 for security assistance for the West Bank: Provided fur11 ther, That not later than 90 days after the date of enact12 ment of this Act, the Secretary of State shall report to 

13 the Committees on Appropriations of the House of Rep14 resentatives and the Senate, in classified form if nec15 essary, on the use of assistance provided by the United 

16 States for the training of Palestinian security forces, in17 cluding detailed descriptions of the training, curriculum, 

18 and equipment provided; and an assessment of the train19 ing and the performance of forces after training has been 

20 completed. 

21 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

22 RELATED PROGRAMS

23 For an additional amount for ‘‘Nonproliferation, 

24 Anti-Terrorism, Demining and Related Programs’’, 

25 $98,500,000, to remain available until September 30, 

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1 2010, of which up to $73,500,000 may be made available 

2 for the Nonproliferation and Disarmament Fund, notwith3 standing any other provision of law, to promote bilateral 

4 and multilateral activities relating to nonproliferation, dis5 armament and weapons destruction, and shall remain 

6 available until expended: Provided, That funds made avail7 able for the Nonproliferation and Disarmament Fund 

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

9 notification procedures of, the Committees on Appropria10 tions of the House of Representatives and the Senate. 

11 MIGRATION AND REFUGEE ASSISTANCE

12 For an additional amount for ‘‘Migration and Ref13 ugee Assistance’’, $343,000,000, to remain available until 

14 expended. 

15 INTERNATIONAL SECURITY ASSISTANCE 

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 PEACEKEEPING OPERATIONS

18 For an additional amount for ‘‘Peacekeeping Oper19 ations’’, $80,000,000, to remain available until September 

20 30, 2010. 

21 INTERNATIONAL MILITARY EDUCATION AND TRAINING

22 For an additional amount for ‘‘International Military 

23 Education and Training’’, $2,000,000, to remain available 

24 until September 30, 2010. 

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1 FOREIGN MILITARY FINANCING PROGRAM

2 For an additional amount for ‘‘Foreign Military Fi3 nancing Program’’, $1,349,000,000, to remain available 

4 until September 30, 2010: Provided, That not less than 

5 $310,000,000 shall be made available for assistance for 

6 Mexico and shall be immediately available notwithstanding 

7 section 7045(e) of the Department of State, Foreign Oper8 ations, and Related Programs Appropriations Act, 2009 

9 (division H of Public Law 111–8): Provided further, That 

10 funds made available pursuant to the previous proviso 

11 shall be available notwithstanding section 36(b) of the 

12 Arms Export Control Act: Provided further, That of the 

13 funds appropriated under this heading not less than 

14 $150,000,000 shall be available for Jordan: Provided fur15 ther, That of the funds appropriated under this heading, 

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

17 only for Israel and shall be disbursed within 30 days of 

18 the enactment of this Act: Provided further, That to the 

19 extent that the Government of Israel requests that funds 

20 be used for such purposes, grants made available for Israel 

21 by this paragraph shall, as agreed by the United States 

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

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

24 in Israel of defense articles and defense services, including 

25 research and development: Provided further, That of the 

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1 funds appropriated under this heading, not less than 

2 $260,000,000 shall be made available for grants only for 

3 Egypt, including for border security programs and activi4 ties in the Sinai: Provided further, That funds appro5 priated pursuant to the previous proviso estimated to be 

6 outlayed for Egypt shall be transferred to an interest bear7 ing account for Egypt in the Federal Reserve Bank of 

8 New York within 30 days of enactment of this Act: Pro9 vided further, That up to $74,000,000 may be available 

10 for Lebanon only after the Secretary of State submits to 

11 the Committees on Appropriations of the House of Rep12 resentatives and the Senate a report on procedures estab13 lished to determine eligibility of members and units of the 

14 security forces of Lebanon to participate in United States 

15 training and assistance programs and on the end use mon16 itoring of all equipment provided under such programs to 

17 the Lebanese security forces: Provided further, That prior 

18 to the initial obligation of funds the Secretary of State 

19 shall certify to the Committees on Appropriations of the 

20 House of Representatives and the Senate that all prac21 ticable efforts have been made to ensure that such assist22 ance is not provided to or through any individual, or pri23 vate or government entity, that advocates, plans, sponsors, 

24 engages in, or has engaged in, terrorist activity. 

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1 PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 There is hereby established in the Treasury of the 

4 United States a special account to be known as the ‘‘Paki5 stan Counterinsurgency Capability Fund’’. For necessary 

6 expenses to carry out the provisions of chapter 8 of part 

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

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

9 Control Act for counterinsurgency activities in Pakistan, 

10 $400,000,000, which shall become available on September 

11 30, 2009, and remain available until September 30, 2010: 

12 Provided, That such funds shall be available to the Sec13 retary of State, with the concurrence of the Secretary of 

14 Defense, notwithstanding any other provision of law, for 

15 the purpose of providing assistance for Pakistan to build 

16 and maintain the counterinsurgency capability of Paki17 stani security forces, and, on an exceptional basis, irreg18 ular security forces, to include program management and 

19 the provision of equipment, supplies, services, training, 

20 and facility and infrastructure repair, renovation, and con21 struction: Provided further, That these funds may be 

22 transferred by the Secretary of State to the Department 

23 of Defense or other Federal departments or agencies to 

24 support counterinsurgency operations and may be merged 

25 with and be available for the same purposes and for the 

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1 same time period as the appropriation or fund to which 

2 transferred, or may be transferred pursuant to the au3 thorities contained in the Foreign Assistance Act of 1961: 

4 Provided further, That the Secretary of State shall, not 

5 fewer than 15 days prior to making transfers from this 

6 appropriation, notify the Committees on Appropriations of 

7 the House of Representatives and the Senate, and the con8 gressional defense and foreign affairs committees, in writ9 ing of the details of any such transfer: Provided further, 

10 That the Secretary of State shall submit not later than 

11 30 days after the end of each fiscal quarter to the Commit12 tees on Appropriations of the House of Representatives 

13 and the Senate a report summarizing, on a project-by14 project basis, the transfer of funds from this appropria15 tion: Provided further, That upon determination by the 

16 Secretary of Defense or head of other Federal department 

17 or agency, with the concurrence of the Secretary of State, 

18 that all or part of the funds so transferred from this ap19 propriation are not necessary for the purposes herein, such 

20 amounts may be transferred by the head of the relevant 

21 Federal department or agency back to this appropriation 

22 and shall be available for the same purposes and for the 

23 same time period as originally appropriated: Provided fur24 ther, That any required notification or report may be sub25 mitted in classified or unclassified form. 

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1 GENERAL PROVISIONS, THIS CHAPTER 

2 EXTENSION OF AUTHORITIES

3 SEC. 21001. Funds provided by this chapter may be 

4 obligated and expended notwithstanding section 10 of 

5 Public Law 91–672, section 15 of the State Department 

6 Basic Authorities Act of 1956, section 313 of the Foreign 

7 Relations Authorization Act, Fiscal Years 1994 and 1995 

8 (Public Law 103–236), and section 504(a)(1) of the Na9 tional Security Act of 1947 (50 U.S.C. 414(a)(1)). 

10 ALLOCATIONS

11 SEC. 21002. (a) Funds provided in this chapter for 

12 the following accounts shall be made available for pro13 grams and countries in the amounts contained in the re14 spective tables included in the report accompanying this 

15 Act: 

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

17 (2) ‘‘Embassy Security, Construction, and 

18 Maintenance’’. 

19 (3) ‘‘Economic Support Fund’’. 

20 (b) For the purposes of implementing this section, 

21 and only with respect to the tables included in the report 

22 accompanying this Act, the Secretary of State and the Ad23 ministrator of the United States Agency for International 

24 Development, as appropriate, may propose deviations to 

25 the amounts referenced in subsection (a), subject to the 

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1 regular notification procedures of the Committees on Ap2 propriations of the House of Representatives and the Sen3 ate and section 634A of the Foreign Assistance Act of 

4 1961. 

5 SPENDING PLAN AND NOTIFICATION PROCEDURES

6 SEC. 21003. (a) SPENDING PLAN.—Not later than 

7 45 days after the date of enactment of this Act, the Sec8 retary of State, in consultation with the Administrator of 

9 the United States Agency for International Development, 

10 shall submit to the Committees on Appropriations of the 

11 House of Representatives and the Senate a report detail12 ing planned expenditures for funds appropriated in this 

13 chapter, except for funds appropriated under the headings 

14 ‘‘International Disaster Assistance’’ and ‘‘Migration and 

15 Refugee Assistance’’. 

16 (b) NOTIFICATION.—Funds made available in this 

17 chapter shall be subject to the regular notification proce18 dures of the Committees on Appropriations of the House 

19 of Representatives and the Senate and section 634A of 

20 the Foreign Assistance Act of 1961. 

21 UNRWA ACCOUNTABILITY

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 21004. (a) LIMITATION.—Of the funds made 

24 available in this chapter under the heading ‘‘Migration 

25 and Refugee Assistance’’, not more than $119,000,000 

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1 may be made available to the United Nations Relief and 

2 Works Agency (UNRWA) for activities in the West Bank 

3 and Gaza. 

4 (b) ACCOUNTABILITY REPORT.—The Secretary of 

5 State shall prepare and submit to the Committees on Ap6 propriations of the House of Representatives and the Sen7 ate not later than 45 days after the date of enactment 

8 of this Act a report on whether UNRWA is— 

9 (1) continuing to utilize Operations Support Of10 ficers in the West Bank and Gaza to inspect 

11 UNRWA installations and report any inappropriate 

12 use; 

13 (2) acting swiftly in dealing with staff or bene14 ficiary violations of its own policies (including the 

15 policies on neutrality and impartiality of employees) 

16 and the legal requirements under Section 301(c) of 

17 the Foreign Assistance Act of 1961; 

18 (3) taking necessary and appropriate measures 

19 to ensure it is operating in full compliance with the 

20 conditions of section 301(c) of the Foreign Assist21 ance Act of 1961; 

22 (4) continuing to report every six months to the 

23 Department of State on actions it has taken to en24 sure conformance with the conditions of section 

25 301(c) of the Foreign Assistance Act of 1961; 

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1 (5) taking steps to improve the transparency of 

2 all educational materials and supplemental edu3 cational materials currently in use in UNRWA-ad4 ministered schools; 

5 (6) continuing to use supplemental curriculum 

6 materials in UNRWA-supported schools and summer 

7 camps designed to promote tolerance, non-violent 

8 conflict resolution and human rights; 

9 (7) not engaging in operations with financial in10 stitutions, or entities of any kind, in violation of rel11 evant United States law and is enhancing its trans12 parency and financial due diligence and diversifying 

13 its banking operations in the region; and 

14 (8) in compliance with the United Nations 

15 Board of Auditors’ biennial audit requirements and 

16 is implementing in a timely fashion the Board of 

17 Auditors’ recommendations. 

18 (c) OVERSIGHT.—Of the funds made available in this 

19 chapter under the heading ‘‘Economic Support Fund’’ for 

20 assistance for the West Bank and Gaza, $1,000,000 shall 

21 be transferred to, and merged with, funds available under 

22 the heading ‘‘Administration of Foreign Affairs, Office of 

23 Inspector General’’ for oversight of programs in the West 

24 Bank, Gaza and surrounding region. 

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1 WOMEN AND GIRLS IN AFGHANISTAN

2 SEC. 21005. (a) Funds made available in this chapter 

3 for assistance for Afghanistan shall comply with sections 

4 7062 (Women in Development) and 7063 (Gender-Based 

5 Violence) of the Department of State, Foreign Operations, 

6 and Related Programs Appropriations Act, 2009 (division 

7 H of Public Law 111–8) and should be made available 

8 to support programs that increase participation by women 

9 in the political process, including at the national, regional 

10 and local levels: Provided, That such programs should en11 sure participation in efforts to improve security and polit12 ical stability in Afghanistan. 

13 (b) Not later than 180 days after enactment of this 

14 Act, the Secretary of State shall submit a report to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate on the steps taken to respond to 

17 the special security and development needs of women in 

18 Afghanistan. 

19 SOMALIA

20 SEC. 21006. (a) ECONOMIC ASSISTANCE.—Of the 

21 funds made available in this chapter under the heading 

22 ‘‘Economic Support Fund’’, $10,000,000 shall be avail23 able for assistance for Somalia. 

24 (b) SECURITY ASSISTANCE.—Of the funds made 

25 available in this chapter under the heading ‘‘Peacekeeping 

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1 Operations’’ for assistance for Somalia, $70,000,000 is 

2 available for equipment, logistical support and facilities for 

3 the expanded African Union Mission to Somalia 

4 (AMISOM) and for security sector reform. 

5 (c) REPORT.—Not later than 45 days after the date 

6 of enactment of this Act, the Secretary of State, in con7 sultation with relevant Federal departments or agencies, 

8 shall submit a report to the Committees on Appropriations 

9 of the House of Representatives and the Senate on the 

10 feasibility of creating an indigenous maritime capability 

11 to combat piracy off the coast of the Horn of Africa. 

12 (d) NOTIFICATION REQUIREMENT.—Funds made 

13 available in this chapter for assistance for Somalia shall 

14 be subject to the regular notification procedures of the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate. 

17 ASSISTANCE FOR DEVELOPING COUNTRIES IMPACTED BY

18 THE GLOBAL FINANCIAL CRISIS

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 21007. (a) AVAILABILITY OF FUNDS.—Funds 

21 made available in this chapter for assistance for devel22 oping countries impacted by the global financial crisis 

23 should only be made available to countries that— 

24 (1) have a 2007 per capita Gross National In25 come of $3,705 or less; 

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1 (2) have seen a contraction in predicted growth 

2 rates of 2 percent or more since 2007; and 

3 (3) demonstrate consistent improvement on the 

4 democracy and governance indicators as measured 

5 by the Millennium Challenge Corporation 2009 

6 Country Scorebook. 

7 (b) TRANSFER AUTHORITIES.—Of the funds made 

8 available in this chapter under the heading ‘‘Economic 

9 Support Fund’’ for developing countries impacted by the 

10 global financial crisis— 

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

12 merged with ‘‘Development Credit Authority’’, for 

13 the cost of direct loans and loan guarantees notwith14 standing the dollar limitations in such account on 

15 transfers to the account and the principal amount of 

16 loans made or guaranteed with respect to any single 

17 country or borrower: Provided, That such trans18 ferred funds may be available to subsidize total loan 

19 principal, any portion of which is to be guaranteed, 

20 of up to $2,000,000,000: Provided further, That the 

21 authority provided by the previous proviso is in addi22 tion to authority provided under the heading ‘‘Devel23 opment Credit Authority’’ in the Department of 

24 State, Foreign Operations, and Related Programs 

25 Appropriations Act, 2009 (division H of Public Law 

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1 111–8): Provided further, That up to $1,500,000 

2 may be for administrative expenses to carry out 

3 credit programs administered by the United States 

4 Agency for International Development; and 

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

6 merged with ‘‘Overseas Private Investment Corpora7 tion Program Account’’: Provided, That the author8 ity provided in this paragraph is in addition to au9 thority provided in section 7081 in the Department 

10 of State, Foreign Operations, and Related Programs 

11 Appropriations Act, 2009 (division H of Public Law 

12 111–8). 

13 (c) REPORT.—The Secretary of State, in consultation 

14 with the Administrator of the United States Agency for 

15 International Development, shall submit a spending plan 

16 not later than 45 days after the date of enactment of this 

17 Act to the Committees on Appropriations of the House 

18 of Representatives and Senate, and prior to the initial obli19 gation of funds appropriated for countries impacted by the 

20 global economic crisis, detailing the use of all funds on 

21 a country-by-country, and project-by-project basis: Pro22 vided, For each project, the report shall include (1) the 

23 projected economic impact of providing such funds; (2) the 

24 name of the entity or implementing organization to which 

25 funds are being provided; and (3) if funds will be provided 

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1 as a direct cash transfer to a local or national government 

2 entity: Provided further, That funds transferred to the De3 velopment Credit Authority and the Overseas Private In4 vestment Corporation are subject to the reporting require5 ments in section 21003. 

6 EVALUATING AFGHAN AND PAKISTANI CONDUCT AND

7 COMMITMENT

8 SEC. 21008. (a) FINDINGS REGARDING PROGRESS IN

9 AFGHANISTAN AND PAKISTAN.—Congress makes the fol10 lowing findings: 

11 (1) Over 40,000 American military personnel 

12 are currently serving in Afghanistan, with the brav13 ery and professionalism consistent with the finest 

14 traditions of the United States Armed Forces, and 

15 are deserving of the strong support of all Americans. 

16 (2) Many American service personnel have lost 

17 their lives, and many more have been wounded in 

18 Afghanistan. The American people will always honor 

19 their sacrifice and honor their families. 

20 (3) Afghanistan and Pakistan are experiencing 

21 a deterioration of their internal security resulting 

22 from a growing insurgency fueled by Al Qaeda, the 

23 Taliban and other extremist networks that continue 

24 to operate along the western border of Pakistan, in25 cluding in the Federally Administered Tribal Areas 

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1 (FATA), as well as in areas under central govern2 ment authority such as Quetta in Baluchistan and 

3 Muridke in Punjab. 

4 (4) The United States and the international 

5 community have welcomed and supported Pakistan’s 

6 return to civilian rule after almost nine years with 

7 the free and fair elections of February 18, 2008, 

8 and have supported the development of a democratic 

9 government in Afghanistan. 

10 (5) Since 2001, the United States has contrib11 uted more than $33,000,000,000 to Afghanistan and 

12 $12,000,000,000 to Pakistan to strengthen each 

13 country’s governance, economy, education system, 

14 healthcare services, and military. 

15 (6) The governments of Afghanistan and Paki16 stan must expand the writ of the national govern17 ment across all provinces to secure their borders, 

18 protect their population, enforce the rule of law, and 

19 tackle the pervasive problem of corruption in order 

20 to bring security and stability to their people. 

21 (b) REPORT.—Because the stability and security of 

22 the region is tied more to the capacity and conduct of the 

23 Afghan and Pakistani governments and to the resolve of 

24 both societies than it is to the policies of the United 

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1 gress, not later than the date of submission of the fiscal 

2 year 2011 budget request, assessing whether the Govern3 ments of Afghanistan and Pakistan are, or are not, dem4 onstrating the necessary commitment, capability, conduct 

5 and unity of purpose to warrant the continuation of the 

6 President’s policy announced on March 27, 2009. The 

7 President, on the basis of information gathered and co8 ordinated by the National Security Council, shall advise 

9 the Congress on how that assessment requires, or does not 

10 require, changes to that policy. The measures used to 

11 evaluate the Afghan and Pakistani governments’ record 

12 of concrete performance shall include the following stand13 ards of performance: 

14 (1) Level of political consensus and unity of 

15 purpose across ethnic, tribal, religious and party af16 filiations to confront the political and security chal17 lenges facing the region. 

18 (2) Level of government corruption and actions 

19 taken to eliminate it. 

20 (3) Performance of the respective security 

21 forces in developing a counterinsurgency capability, 

22 conducting counterinsurgency operations and estab23 lishing population security. 

24 (4) Performance of the respective intelligence 

25 agencies in cooperating with the United States on 

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1 counterinsurgency and counterterrorism operations 

2 and in purging themselves of policies, programs and 

3 personnel that provide material support to extremist 

4 networks that target United States troops or under5 mine United States objectives in the region. 

6 (5) Ability of the Afghan and Pakistani govern7 ments to effectively control the territory within their 

8 respective borders. 

9 PROHIBITION ON ASSISTANCE TO HAMAS

10 SEC. 21009. (a) None of the funds made available 

11 in this chapter may be made available for assistance to 

12 Hamas, or any entity effectively controlled by Hamas or 

13 any power-sharing government of which Hamas is a mem14 ber. 

15 (b) Notwithstanding the limitation of subsection (a), 

16 assistance may be provided to a power-sharing government 

17 if the President certifies in writing and reports to the 

18 Committees on Appropriations of the House of Represent19 atives and the Senate that such government, including all 

20 of its ministers or such equivalent, has publicly accepted 

21 and is complying with the principles contained in subpara22 graphs (A) and (B) of section 620K(b)(1) of the Foreign 

23 Assistance Act of 1961 (22 U.S.C. 2378b(b)(1)). 

24 (c) The President may exercise the authority in sec25 tion 620K(e) of the Foreign Assistance Act of 1961 (22 

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1 U.S.C. 2378b(e)) with respect to the limitations of this 

2 section. 

3 (d) REPORT.—Whenever the certification pursuant to 

4 subsection (b) is exercised, the Secretary of State shall 

5 submit a report to the Committees on Appropriations of 

6 the House of Representatives and the Senate within 120 

7 days of the certification and every quarter thereafter on 

8 whether such government, including all of its ministers or 

9 such equivalent are continuing to publically accept and 

10 comply with the principles contained in section 620K(b)(l) 

11 (A) and (B) of the Foreign Assistance Act of 1961 (22 

12 U.S.C. 2378b(b)(l)). The report shall also detail the 

13 amount, purposes and delivery mechanisms for any assist14 ance provided pursuant to the abovementioned certifi15 cation and a full accounting of any direct support of such 

16 government. 

17 TERMS AND CONDITIONS

18 SEC. 21010. Unless otherwise provided for in this 

19 Act, funds appropriated or otherwise made available in 

20 this chapter shall be available under the authorities and 

21 conditions provided in the Department of State, Foreign 

22 Operations, and Related Programs Appropriations Act, 

23 2009 (division H of Public Law 111–8), except that sec24 tions 7070(e), with respect to funds made available for 

25 macroeconomic growth assistance for Zimbabwe, and 7042 

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1 (a) and (c) of such Act shall not apply to funds made 

2 available in this chapter. 

3 TITLE III—GENERAL PROVISIONS, THIS ACT 

4 SEC. 30001. (a) Not later than October 1, 2009, the 

5 President shall submit to the Congress, in writing, a com6 prehensive plan regarding the proposed disposition of the 

7 detention center at Naval Station, Guantanamo Bay, 

8 Cuba, to include— 

9 (1) a proposed disposition of individuals de10 tained as of April 30, 2009; 

11 (2) a determination that such disposition does 

12 not pose a risk that cannot be mitigated if such indi13 vidual is prosecuted, transferred or released, includ14 ing a plan for such mitigation; and 

15 (3) a detailed analysis of the total estimated di16 rect costs of closing the detention facility at Naval 

17 Station, Guantanamo Bay, Cuba, and any related 

18 costs, including the estimated costs of detention, 

19 prosecution, security, and incarceration in the 

20 United States of the individuals detained at such fa21 cility. 

22 (b) The plan required under subsection (a) shall be 

23 submitted in unclassified form, but shall include a classi24 fied annex, if necessary. 

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1 AVAILABILITY OF FUNDS

2 SEC. 30002. No part of any appropriation contained 

3 in this Act shall remain available for obligation beyond 

4 the current fiscal year unless expressly so provided herein. 

5 OVERSEAS DEPLOYMENTS AND EMERGENCY

6 DESIGNATIONS

7 SEC. 30003. (a) OVERSEAS DEPLOYMENTS DESIGNA8 TIONS.—Except as provided in subsection (b), each 

9 amount in this Act is designated as being for overseas de10 ployments and other activities pursuant to paragraphs (1) 

11 and (2) of section 423(a) of S. Con. Res. 13 (111th Con12 gress), the concurrent resolution on the budget for fiscal 

13 year 2010. 

14 (b) EMERGENCY DESIGNATIONS.—Each amount in 

15 chapters 6, 7, and 8 of title II is designated as necessary 

16 to meet emergency needs pursuant to section 423(b) of 

17 S. Con. Res. 13 (111th Congress), the concurrent resolu18 tion on the budget for fiscal year 2010. 

19 RESTRICTIONS AND REQUIREMENTS REGARDING THE

20 TRANSFER AND RELEASE OF GUANTANAMO BAY DE21 TAINEES

22 SEC. 30004. (a) None of the funds made available 

23 in this or any prior Act may be used to release an indi24 vidual who is detained, as of April, 30, 2009, at Naval 

25 Station, Guantanamo Bay, Cuba, into the continental 

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1 United States, Alaska, Hawaii, or the District of Colum2 bia. 

3 (b) None of the funds made available in this or any 

4 prior Act may be used to transfer an individual who is 

5 detained, as of April, 30, 2009, at Naval Station, Guanta6 namo Bay, Cuba, into the continental United States, Alas7 ka, Hawaii, or the District of Columbia, for the purposes 

8 of detaining or prosecuting such individual until 2 months 

9 after the plan detailed in subsection (c) is received. 

10 (c) The President shall submit to the Congress, in 

11 writing, a comprehensive plan regarding the proposed dis12 position of each individual who is detained, as of April, 

13 30, 2009, at Naval Station, Guantanamo Bay, Cuba, who 

14 is not covered under subsection (d). Such plan shall in15 clude, at a minimum, each of the following for each such 

16 individual: 

17 (1) The findings of an analysis regarding any 

18 risk to the national security of the United States 

19 that is posed by the transfer of the individual. 

20 (2) The costs associated with not transferring 

21 the individual in question. 

22 (3) The legal rationale and associated court de23 mands for transfer. 

24 (4) A certification by the President that any 

25 risk described in paragraph (1) has been mitigated, 

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1 together with a full description of the plan for such 

2 mitigation. 

3 (5) A certification by the President that the 

4 President has submitted to the Governor and legisla5 ture of the State to which the President intends to 

6 transfer the individual a certification in writing at 

7 least 30 days prior to such transfer (together with 

8 supporting documentation and justification) that the 

9 individual does not pose a security risk to the United 

10 States. 

11 (d) None of the funds made available in this or any 

12 prior Act may be used to transfer or release an individual 

13 detained at Naval Station, Guantanamo Bay, Cuba, as of 

14 April 30, 2009, to the country of such individual’s nation15 ality or last habitual residence or to any other country 

16 other than the United States, unless the President submits 

17 to the Congress, in writing, at least 30 days prior to such 

18 transfer or release, the following information: 

19 (1) The name of any individual to be trans20 ferred or released and the country to which such in21 dividual is to be transferred or released. 

22 (2) An assessment of any risk to the national 

23 security of the United States or its citizens, includ24 ing members of the Armed Services of the United 

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1 States, that is posed by such transfer or release and 

2 the actions taken to mitigate such risk. 

3 (3) The terms of any agreement with another 

4 country for acceptance of such individual, including 

5 the amount of any financial assistance related to 

6 such agreement. 

7 SHORT TITLE

8 SEC. 30005. This Act may be cited as the ‘‘Supple9 mental Appropriations Act, 2009’’. 

10 That the following sums are appropriated, out of any 

11 money in the Treasury not otherwise appropriated, for the 

12 fiscal year ending September 30, 2009, and for other pur13 poses, namely: 

14 TITLE I 

15 DEPARTMENT OF AGRICULTURE 

16 FOREIGN AGRICULTURAL SERVICE

17 PUBLIC LAW 480 TITLE II GRANTS

18 For an additional amount for ‘‘Public Law 480 Title 

19 II Grants’’, $700,000,000, to remain available until ex20 pended: Provided, That the amount under this heading is 

21 designated as being for overseas deployments and other ac22 tivities pursuant to sections 401(c)(4) and 423(a) of S. Con. 

23 Res. 13 (111th Congress), the concurrent resolution on the 

24 budget for fiscal year 2010. 

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1 GENERAL PROVISION—THIS TITLE 

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

3 any amounts made available prior to the date of enactment 

4 of this Act to provide assistance under the emergency con5 servation program established under title IV of the Agricul6 tural Credit Act of 1978 (16 U.S.C. 2201 and 2202) that 

7 are unobligated as of the date of enactment of this Act shall 

8 be available to carry out any purpose under that program 

9 without fiscal year limitation: Provided, That the amount 

10 under this heading is designated as an emergency require11 ment and necessary to meet emergency needs pursuant to 

12 sections 403(a) and 423(b) of S. Con. Res. 13 (111th Con13 gress), the concurrent resolution on the budget for fiscal year 

14 2010. 

15 (INCLUDING RESCISSION OF FUNDS)

16 SEC. 102. (a)(1) For an additional amount for gross 

17 obligations for the principal amount of direct farm owner18 ship (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 

19 et seq.) loans, to be available from funds in the Agricultural 

20 Credit Insurance Fund, as follows: direct farm ownership 

21 loans, $360,000,000; and direct operating loans, 

22 $225,000,000. 

23 (2) For an additional amount for the cost of direct 

24 loans, including the cost of modifying loans as defined in 

25 section 502 of the Congressional Budget Act of 1974, as folmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 lows: direct farm ownership loans, $22,860,000; and direct 

2 operating loans, $26,530,000. 

3 (b) Of available unobligated discretionary balances 

4 from the Rural Development mission area carried forward 

5 from fiscal year 2008, $49,390,000 are hereby rescinded: 

6 Provided, That none of the amounts may be rescinded other 

7 than those from amounts that were designated by the Con8 gress as an emergency requirement pursuant to a Concur9 rent Resolution on the Budget or the Balanced Budget and 

10 Emergency Deficit Control Act of 1985, as amended. 

11 (c) That the amount under this section is designated 

12 as an emergency requirement and necessary to meet emer13 gency needs pursuant to sections 403(a) and 423(b) of S. 

14 Con. Res. 13 (111th Congress), the concurrent resolution on 

15 the budget for fiscal year 2010. 

16 TITLE II 

17 DEPARTMENT OF COMMERCE 

18 ECONOMIC DEVELOPMENT ADMINISTRATION

19 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

20 For an additional amount for ‘‘Economic Development 

21 Assistance Programs’’, $40,000,000, to remain available 

22 until September 30, 2010: Provided, That the amount pro23 vided under this heading shall be for the Trade Adjustment 

24 Assistance for Communities program as authorized by sec25 tion 1872 of Public Law 111–5: Provided further, That the 

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1 amount provided under this heading is designated as an 

2 emergency requirement and necessary to meet emergency 

3 needs pursuant to sections 403(a) and 423(b) of S. Con. 

4 Res. 13 (111th Congress), the concurrent resolution on the 

5 budget for fiscal year 2010. 

6 DEPARTMENT OF JUSTICE 

7 GENERAL ADMINISTRATION

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and ex10 penses’’, $30,000,000, to remain available until September 

11 30, 2010: Provided, That funds provided in the previous 

12 proviso shall only be for carrying out Department of Justice 

13 responsibilities required by Executive Orders 13491, 13492, 

14 and 13493: Provided further, That the Attorney General 

15 shall submit to the Committees on Appropriations of the 

16 House and the Senate a detailed plan for expenditure of 

17 such funds no later than 30 days after enactment of this 

18 Act. 

19 DETENTION TRUSTEE

20 For an additional amount for ‘‘Detention trustee’’, 

21 $60,000,000, to remain available until September 30, 2010. 

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1 LEGAL ACTIVITIES

2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

3 For an additional amount for ‘‘Salaries and expenses, 

4 general legal activities’’, $1,648,000, to remain available 

5 until September 30, 2010. 

6 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

7 For an additional amount for ‘‘Salaries and expenses, 

8 United States attorneys’’, $5,000,000, to remain available 

9 until September 30, 2010. 

10 For an additional amount for ‘‘Salaries and expenses, 

11 United States attorneys’’, $10,000,000, to remain available 

12 until September 30, 2010: Provided, That the amount pro13 vided in this paragraph is designated as an emergency re14 quirement and necessary to meet emergency needs pursuant 

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

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

17 year 2010. 

18 UNITED STATES MARSHALS SERVICES

19 SALARIES AND EXPENSES

20 For an additional amount for ‘‘Salaries and ex21 penses’’, $10,000,000, to remain available until September 

22 30, 2010. 

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1 NATIONAL SECURITY DIVISION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and ex4 penses,’’ $1,389,000, to remain available until September 

5 30, 2010. 

6 FEDERAL BUREAU OF INVESTIGATIONS

7 SALARIES AND EXPENSES

8 For an additional amount for ‘‘Salaries and ex9 penses’’, $35,000,000, to remain available until September 

10 30, 2010: Provided, That the amount provided under this 

11 heading is designated as an emergency requirement and 

12 necessary to meet emergency needs pursuant to sections 

13 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 

14 concurrent resolution on the budget for fiscal year 2010. 

15 DRUG ENFORCEMENT ADMINISTRATION

16 SALARIES AND EXPENSES

17 For an additional amount for ‘‘Salaries and ex18 penses’’, $20,000,000, to remain available until September 

19 30, 2010. 

20 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

21 EXPLOSIVES

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘Salaries and ex24 penses’’, $14,000,000, to remain available until September 

25 30, 2010. 

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1 FEDERAL PRISON SYSTEM

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and ex4 penses’’, $5,038,000, to remain available until September 

5 30, 2010. 

6 GENERAL PROVISIONS—THIS TITLE 

7 SEC. 201. Unless otherwise specified, each amount in 

8 this title is designated as being for overseas deployment and 

9 other activities pursuant to sections 401(c)(4) and 423(a) 

10 of S. Con. Res. 13 (111th Congress), the concurrent resolu11 tion on the budget for fiscal year 2010. 

12 SEC. 202. (a)(1) None of the funds appropriated or 

13 otherwise made available by this Act or any prior Act may 

14 be used to transfer, release, or incarcerate any individual 

15 who was detained as of May 19, 2009, at Naval Station, 

16 Guantanamo Bay, Cuba, to or within the United States. 

17 (2) In this subsection, the term ‘‘United States’’ means 

18 the several States and the District of Columbia. 

19 (b) The amount appropriated or otherwise made avail20 able by title II for the Department of Justice for general 

21 administration under the heading ‘‘SALARIES AND EX22 PENSES’’ is hereby reduced by $30,000,000. 

23 (c) The amount appropriated or otherwise made avail24 able by title III under the heading ‘‘OPERATION AND MAINmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 TENANCE, DEFENSE-WIDE’’ under paragraph (3) is hereby 

2 reduced by $50,000,000. 

3 TITLE III 

4 DEPARTMENT OF DEFENSE 

5 MILITARY PERSONNEL 

6 MILITARY PERSONNEL, ARMY

7 For an additional amount for ‘‘Military Personnel, 

8 Army’’, $11,455,777,000. 

9 MILITARY PERSONNEL, NAVY

10 For an additional amount for ‘‘Military Personnel, 

11 Navy’’, $1,565,227,000. 

12 MILITARY PERSONNEL, MARINE CORPS

13 For an additional amount for ‘‘Military Personnel, 

14 Marine Corps’’, $1,464,353,000. 

15 MILITARY PERSONNEL, AIR FORCE

16 For an additional amount for ‘‘Military Personnel, 

17 Air Force’’, $1,469,173,000. 

18 RESERVE PERSONNEL, ARMY

19 For an additional amount for ‘‘Reserve Personnel, 

20 Army’’, $387,155,000. 

21 RESERVE PERSONNEL, NAVY

22 For an additional amount for ‘‘Reserve Personnel, 

23 Navy’’, $39,478,000. 

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1 RESERVE PERSONNEL, MARINE CORPS

2 For an additional amount for ‘‘Reserve Personnel, Ma3 rine Corps’’, $29,179,000. 

4 RESERVE PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, Air 

6 Force’’, $14,943,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

8 For an additional amount for ‘‘National Guard Per9 sonnel, Army’’, $1,542,333,000. 

10 NATIONAL GUARD PERSONNEL, AIR FORCE

11 For an additional amount for ‘‘National Guard Per12 sonnel, Air Force’’, $46,860,000. 

13 OPERATION AND MAINTENANCE 

14 OPERATION AND MAINTENANCE, ARMY

15 For an additional amount for ‘‘Operation and Mainte16 nance, Army’’, $13,933,801,000. 

17 OPERATION AND MAINTENANCE, NAVY

18 For an additional amount for ‘‘Operation and Mainte19 nance, Navy’’, $2,337,360,000. 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Mainte22 nance, Marine Corps’’, $1,037,842,000. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Mainte25 nance, Air Force’’, $5,992,125,000. 

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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Defense-Wide’’, $5,065,783,000, of which: 

4 (1) not to exceed $12,500,000 for the Combatant 

5 Commander Initiative Fund, to be used in support of 

6 Operation Iraqi Freedom and Operation Enduring 

7 Freedom; 

8 (2) not to exceed $1,050,000,000, to remain 

9 available until expended, for payments to reimburse 

10 key cooperating nations, for logistical, military, and 

11 other support including access provided to United 

12 States military operations in support of Operation 

13 Iraqi Freedom and Operation Enduring Freedom, 

14 notwithstanding any other provision of law: Provided, 

15 That such reimbursement payments may be made in 

16 such amounts as the Secretary of Defense, with the 

17 concurrence of the Secretary of State, and in con18 sultation with the Director of the Office of Manage19 ment and Budget, may determine, in his discretion, 

20 based on documentation determined by the Secretary 

21 of Defense to adequately account for the support pro22 vided and such determination is final and conclusive 

23 upon the accounting officers of the United States, and 

24 15 days following notification to the appropriate con25 gressional committees: Provided further, That these 

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1 funds may be used for the purpose of providing spe2 cialized training and procuring supplies and special3 ized equipment and providing such supplies and 

4 loaning such equipment on a non-reimbursable basis 

5 to coalition forces supporting United States military 

6 operations in Iraq and Afghanistan: Provided further, 

7 That the Secretary of Defense shall provide quarterly 

8 reports to the congressional defense committees on the 

9 use of funds provided in this paragraph; and 

10 (3) up to $50,000,000 shall be available, 30 days 

11 after the Secretary of Defense submits an expenditure 

12 plan to the congressional defense committees detailing 

13 the specific planned use of these funds, only to sup14 port the relocation and disposition of individuals de15 tained at the Guantanamo Bay Naval Base to loca16 tions outside of the United States, relocate military 

17 and support forces associated with detainee oper18 ations, and facilitate the closure of detainee facilities: 

19 Provided, That the Secretary of Defense shall certify 

20 in writing to the congressional defense committees, 

21 prior to transferring prisoners to foreign nations, that 

22 he has been assured by the receiving nation that the 

23 individual or individuals to be transferred will be re24 tained in that nation’s custody as long as they re25 main a threat to the national security interest of the 

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1 United States: Provided further, That the funds in 

2 this paragraph available to provide assistance to for3 eign nations to facilitate the relocation and disposi4 tion of individuals detained at the Guantanamo Bay 

5 Naval Base are in addition to any other authority to 

6 provide assistance to foreign nations: Provided fur7 ther, That these funds are available for transfer to 

8 any other appropriations accounts of the Department 

9 of Defense or, with the concurrence of the head of the 

10 relevant Federal department or agency, to any other 

11 Federal appropriations accounts to accomplish the 

12 purposes provided herein: Provided further, That this 

13 transfer authority is in addition to any other transfer 

14 authority available to the Department of Defense. 

15 OPERATION AND MAINTENANCE, ARMY RESERVE

16 For an additional amount for ‘‘Operation and Mainte17 nance, Army Reserve’’, $110,017,000. 

18 OPERATION AND MAINTENANCE, NAVY RESERVE

19 For an additional amount for ‘‘Operation and Mainte20 nance, Navy Reserve’’, $25,569,000. 

21 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

22 For an additional amount for ‘‘Operation and Mainte23 nance, Marine Corps Reserve’’, $30,775,000. 

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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Air Force Reserve’’, $34,599,000. 

4 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

5 For an additional amount for ‘‘Operation and Mainte6 nance, Army National Guard’’, $203,399,000. 

7 AFGHANISTAN SECURITY FORCES FUND

8 For the ‘‘Afghanistan Security Forces Fund’’, 

9 $3,606,939,000, to remain available until September 30, 

10 2010: Provided, That such funds shall be available to the 

11 Secretary of Defense, notwithstanding any other provision 

12 of law, for the purpose of allowing the Commander, Com13 bined Security Transition Command—Afghanistan, or the 

14 Secretary’s designee, to provide assistance, with the concur15 rence of the Secretary of State, to the security forces of Af16 ghanistan, including the provision of equipment, supplies, 

17 services, training, facility and infrastructure repair, ren18 ovation, and construction, and funding: Provided further, 

19 That the authority to provide assistance under this heading 

20 is in addition to any other authority to provide assistance 

21 to foreign nations: Provided further, That contributions of 

22 funds for the purposes provided herein from any person, 

23 foreign government, or international organization may be 

24 credited to this Fund and used for such purposes: Provided 

25 further, That the Secretary shall notify the congressional 

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1 defense committees in writing upon the receipt and upon 

2 the transfer of any contribution, delineating the sources and 

3 amounts of the funds received and the specific use of such 

4 contributions: Provided further, That the Secretary of De5 fense shall, not fewer than 15 days prior to making trans6 fers from this appropriation account, notify the congres7 sional defense committees in writing of the details of any 

8 such transfer. 

9 IRAQ SECURITY FORCES FUND

10 For an additional amount for the ‘‘Iraq Security 

11 Forces Fund’’, $1,000,000,000, to remain available until 

12 September 30, 2011: Provided, That, not later than July 

13 31, 2010, any remaining unobligated funds in this account 

14 shall be transferred to the Department of State to be avail15 able for the same purposes as provided herein. 

16 PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 There is hereby established in the Treasury of the 

19 United States the ‘‘Pakistan Counterinsurgency Capability 

20 Fund’’. For the ‘‘Pakistan Counterinsurgency Capability 

21 Fund’’, $400,000,000, to remain available until September 

22 30, 2010: Provided, That such funds shall be available to 

23 the Secretary of Defense, with the concurrence of the Sec24 retary of State, notwithstanding any other provision of law, 

25 for the purpose of allowing the Commander, United States 

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1 Central Command, or the Secretary’s designee, to provide 

2 assistance to Pakistan’s security forces; including program 

3 management and the provision of equipment, supplies, serv4 ices, training, and funds; and facility and infrastructure 

5 repair, renovation, and construction to build the counter6 insurgency capability of Pakistan’s military and Frontier 

7 Corps, and of which up to $2,000,000 shall be available to 

8 assist the Government of Pakistan in creating a program 

9 to respond to urgent humanitarian relief and reconstruction 

10 requirements that will immediately assist Pakistani people 

11 affected by military operations: Provided further, That the 

12 authority to provide assistance under this provision is in 

13 addition to any other authority to provide assistance to for14 eign nations: Provided further, That the Secretary of De15 fense may transfer such amounts as he may determine from 

16 the funds provided herein to appropriations for operation 

17 and maintenance; Overseas Humanitarian, Disaster, and 

18 Civic Aid; procurement; research, development, test and 

19 evaluation; and defense working capital funds: Provided 

20 further, That funds so transferred shall be merged with and 

21 be available for the same purposes and for the same time 

22 period as the appropriation or fund to which transferred: 

23 Provided further, That the Secretary of Defense shall, not 

24 fewer than 15 days prior to making transfers from this apmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 propriation account, notify the congressional defense com2 mittees in writing of the details of any such transfer. 

3 PROCUREMENT 

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Army’’, $315,684,000, to remain available until September 

7 30, 2011. 

8 MISSILE PROCUREMENT, ARMY

9 For an additional amount for ‘‘Missile Procurement, 

10 Army’’, $737,041,000, to remain available until September 

11 30, 2011. 

12 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

13 VEHICLES, ARMY

14 For an additional amount for ‘‘Procurement of Weap15 ons and Tracked Combat Vehicles, Army’’, $1,434,071,000, 

16 to remain available until September 30, 2011. 

17 PROCUREMENT OF AMMUNITION, ARMY

18 For an additional amount for ‘‘Procurement of Am19 munition, Army’’, $230,075,000, to remain available until 

20 September 30, 2011. 

21 OTHER PROCUREMENT, ARMY

22 For an additional amount for ‘‘Other Procurement, 

23 Army’’, $7,029,145,000, to remain available until Sep24 tember 30, 2011. 

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1 AIRCRAFT PROCUREMENT, NAVY

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Navy’’, $754,299,000, to remain available until September 

4 30, 2011. 

5 WEAPONS PROCUREMENT, NAVY

6 For an additional amount for ‘‘Weapons Procurement, 

7 Navy’’, $31,403,000, to remain available until September 

8 30, 2011. 

9 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

10 CORPS

11 For an additional amount for ‘‘Procurement of Am12 munition, Navy and Marine Corps’’, $348,919,000, to re13 main available until September 30, 2011. 

14 OTHER PROCUREMENT, NAVY

15 For an additional amount for ‘‘Other Procurement, 

16 Navy’’, $207,181,000, to remain available until September 

17 30, 2011. 

18 PROCUREMENT, MARINE CORPS

19 For an additional amount for ‘‘Procurement, Marine 

20 Corps’’, $1,658,347,000, to remain available until Sep21 tember 30, 2011. 

22 AIRCRAFT PROCUREMENT, AIR FORCE

23 For an additional amount for ‘‘Aircraft Procurement, 

24 Air Force’’, $2,064,118,000, to remain available for obliga25 tion until September 30, 2011. 

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1 MISSILE PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Missile Procurement, 

3 Air Force’’, $49,716,000, to remain available until Sep4 tember 30, 2011. 

5 PROCUREMENT OF AMMUNITION, AIR FORCE

6 For an additional amount for ‘‘Procurement of Am7 munition, Air Force’’, $138,284,000, to remain available 

8 until September 30, 2011. 

9 OTHER PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Other Procurement, 

11 Air Force’’, $1,910,343,000, to remain available until Sep12 tember 30, 2011. 

13 PROCUREMENT, DEFENSE-WIDE

14 For an additional amount for ‘‘Procurement, Defense15 Wide’’, $237,868,000, to remain available until September 

16 30, 2011. 

17 NATIONAL GUARD AND RESERVE EQUIPMENT

18 For an additional amount for ‘‘National Guard and 

19 Reserve Equipment’’, $500,000,000, to remain available 

20 until September 30, 2011. 

21 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For the ‘‘Mine Resistant Ambush Protected Vehicle 

24 Fund’’, $4,243,000,000, to remain available until Sep25 tember 30, 2010: Provided, That such funds shall be availmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 able to the Secretary of Defense, notwithstanding any other 

2 provision of law, to procure, sustain, transport, and field 

3 Mine Resistant Ambush Protected vehicles: Provided fur4 ther, That the Secretary shall transfer such funds only to 

5 appropriations for operation and maintenance; procure6 ment; research, development, test and evaluation; and de7 fense working capital funds to accomplish the purpose pro8 vided herein: Provided further, That this transfer authority 

9 is in addition to any other transfer authority available to 

10 the Department of Defense: Provided further, That the Sec11 retary shall, not fewer than 15 days prior to making trans12 fers from this appropriation, notify the congressional de13 fense committees in writing of the details of any such trans14 fer. 

15 RESEARCH, DEVELOPMENT, TEST AND 

16 EVALUATION 

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

18 For an additional amount for ‘‘Research, Develop19 ment, Test and Evaluation, Army’’, $71,935,000, to remain 

20 available until September 30, 2010. 

21 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

22 For an additional amount of ‘‘Research, Development, 

23 Test and Evaluation, Navy’’, $141,681,000, to remain 

24 available until September 30, 2010. 

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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

2 FORCE

3 For an additional amount of ‘‘Research, Development, 

4 Test and Evaluation, Air Force’’, $174,159,000, to remain 

5 available until September 30, 2010. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 DEFENSE-WIDE

8 For an additional amount of ‘‘Research, Development, 

9 Test and Evaluation, Defense-Wide’’, $498,168,000, to re10 main available until September 30, 2010. 

11 REVOLVING AND MANAGEMENT FUNDS 

12 DEFENSE WORKING CAPITAL FUNDS

13 For an additional amount for ‘‘Defense Working Cap14 ital Funds’’, $861,726,000, to remain available until ex15 pended. 

16 DEFENSE HEALTH PROGRAM

17 For an additional amount for ‘‘Defense Health Pro18 gram’’, $909,297,000, of which $845,508,000 for operation 

19 and maintenance; of which $30,185,000, to remain avail20 able until September 30, 2011, for procurement; and of 

21 which $33,604,000, to remain available until September 30, 

22 2010, for research, development, test and evaluation. 

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1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for ‘‘Drug Interdiction and 

5 Counter-Drug Activities, Defense’’, $123,398,000, to remain 

6 available until September 30, 2010: Provided, That these 

7 funds may be used only for such activities related to Af8 ghanistan, Pakistan, and Central Asia. 

9 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

10 For an additional amount for ‘‘Joint Improvised Ex11 plosive Device Defeat Fund’’, $1,116,746,000, to remain 

12 available until September 30, 2011. 

13 OFFICE OF THE INSPECTOR GENERAL

14 For an additional amount for ‘‘Office of the Inspector 

15 General’’, $9,551,000. 

16 GENERAL PROVISIONS—THIS TITLE 

17 SEC. 301. Notwithstanding any other provision of law, 

18 funds made available in this title are in addition to 

19 amounts appropriated or otherwise made available for the 

20 Department of Defense for fiscal year 2009. 

21 (INCLUDING TRANSFER OF FUNDS)

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

23 Defense that such action is necessary in the national inter24 est, the Secretary may transfer between appropriations up 

25 to $2,500,000,000 of the funds made available to the Demstockstill@gpo.gov on PROD1PC66 with BILLS

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1 partment of Defense in this title: Provided, That the Sec2 retary shall notify the Congress promptly of each transfer 

3 made pursuant to this authority: Provided further, That the 

4 authority provided in this section is in addition to any 

5 other transfer authority available to the Department of De6 fense and is subject to the same terms and conditions as 

7 the authority provided in section 8005 of the Department 

8 of Defense Appropriations Act, 2009, (Public Law 110–116) 

9 except for the fourth proviso. 

10 SEC. 303. Funds appropriated by this Act, or made 

11 available by the transfer of funds in this Act, for intelligence 

12 activities are deemed to be specifically authorized by the 

13 Congress for purposes of section 504(a)(1) of the National 

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

15 SEC. 304. During fiscal year 2009 and from funds in 

16 the ‘‘Defense Cooperation Account’’, as established by 10 

17 U.S.C. 2608, the Secretary of Defense may transfer not to 

18 exceed $6,500,000 to such appropriations or funds of the 

19 Department of Defense as the Secretary shall determine for 

20 use consistent with the purposes for which such funds were 

21 contributed and accepted: Provided, That such amounts 

22 shall be available for the same time period as the appro23 priation to which transferred: Provided further, That the 

24 Secretary shall report to the Congress all transfers made 

25 pursuant to this authority. 

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1 SEC. 305. Supervision and administration costs asso2 ciated with a construction project funded with appropria3 tions available for operation and maintenance or ‘‘Afghani4 stan Security Forces Fund’’ provided in this title, and exe5 cuted in direct support of the overseas contingency oper6 ations in Iraq and Afghanistan, may be obligated at the 

7 time a construction contract is awarded: Provided, That for 

8 the purpose of this section, supervision and administration 

9 costs include all in-house Government costs. 

10 SEC. 306. Funds made available in this title to the 

11 Department of Defense for operation and maintenance may 

12 be used to purchase items having an investment unit cost 

13 of not more than $250,000: Provided, That upon determina14 tion by the Secretary of Defense that such action is nec15 essary to meet the operational requirements of a Com16 mander of a Combatant Command engaged in contingency 

17 operations overseas, such funds may be used to purchase 

18 items having an investment item unit cost of not more than 

19 $500,000: Provided further, That the Secretary shall report 

20 to the Congress all purchases made pursuant to this author21 ity within 30 days of using the authority. 

22 SEC. 307. From funds made available in this title, the 

23 Secretary of Defense may purchase motor vehicles for use 

24 by military and civilian employees of the Department of 

25 Defense in Iraq and Afghanistan, up to a limit of $75,000 

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1 per vehicle, notwithstanding other limitations applicable to 

2 passenger carrying motor vehicles. 

3 SEC. 308. Of the funds appropriated in Department 

4 of Defense Appropriations Acts, the following funds are 

5 hereby rescinded from the following accounts and programs 

6 in the specified amounts: Provided, That none of the 

7 amounts may be rescinded from amounts that were des8 ignated by the Congress as an emergency requirement pur9 suant to a Concurrent Resolution on the Budget or the Bal10 anced Budget and Emergency Deficit Control Act of 1985, 

11 as amended: 

12 ‘‘Procurement, Marine Corps, 2007/2009’’, 

13 $54,400,000; 

14 ‘‘Other Procurement, Army, 2008/2010’’, 

15 $29,300,000; 

16 ‘‘Procurement, Marine Corps, 2008/2010’’, 

17 $10,300,000; 

18 ‘‘Research, Development, Test and Evaluation, 

19 Navy, 2008/2009’’, $5,000,000; 

20 ‘‘Research, Development, Test and Evaluation, 

21 Air Force, 2008/2009’’, $36,107,000; 

22 ‘‘Research, Development, Test and Evaluation, 

23 Defense-Wide, 2008/2009’’, $200,000,000; 

24 ‘‘Operation and Maintenance, Army, 2009/ 

25 2009’’, $352,359,000; 

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

2 $881,481,000; 

3 ‘‘Operation and Maintenance, Marine Corps, 

4 2009/2009’’, $54,466,000; 

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

6 2009’’, $925,203,000; 

7 ‘‘Operation and Maintenance, Defense-Wide, 

8 2009/2009’’, $267,635,000; 

9 ‘‘Operation and Maintenance, Army Reserve, 

10 2009/2009’’, $23,338,000; 

11 ‘‘Operation and Maintenance, Navy Reserve, 

12 2009/2009’’, $62,910,000; 

13 ‘‘Operation and Maintenance, Marine Corps Re14 serve, 2009/2009’’, $1,250,000; 

15 ‘‘Operation and Maintenance, Air Force Reserve, 

16 2009/2009’’, $163,786,000; 

17 ‘‘Operation and Maintenance, Army National 

18 Guard, 2009/2009’’, $57,819,000; 

19 ‘‘Operation and Maintenance, Air National 

20 Guard, 2009/2009’’, $250,645,000; 

21 ‘‘Aircraft Procurement, Army, 2009/2011’’, 

22 $11,500,000; 

23 ‘‘Procurement of Ammunition, Army, 2009/ 

24 2011’’, $107,100,000; 

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1 ‘‘Other Procurement, Army, 2009/2011’’, 

2 $195,000,000; 

3 ‘‘Procurement, Marine Corps, 2009/2011’’, 

4 $10,300,000; 

5 ‘‘Procurement, Defense-Wide, 2009/2011’’, 

6 $6,400,000; 

7 ‘‘Research, Development, Test and Evaluation, 

8 Army, 2009/2010’’, $202,710,000; 

9 ‘‘Research, Development, Test and Evaluation, 

10 Navy, 2009/2010’’, $270,260,000; and 

11 ‘‘Research, Development, Test and Evaluation, 

12 Air Force, 2009/2010’’, $392,567,000. 

13 SEC. 309. None of the funds appropriated or otherwise 

14 made available by this title may be obligated or expended 

15 to provide award fees to any defense contractor contrary 

16 to the provisions of section 814 of the National Defense Au17 thorization Act, Fiscal Year 2007 (Public Law 109–364). 

18 SEC. 310. None of the funds provided in this title may 

19 be used to finance programs or activities denied by Congress 

20 in fiscal years 2008 or 2009 appropriations to the Depart21 ment of Defense or to initiate a procurement or research, 

22 development, test and evaluation new start program with23 out prior written notification to the congressional defense 

24 committees. 

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1 SEC. 311. None of the funds appropriated or otherwise 

2 made available by this or any other Act shall be obligated 

3 or expended by the United States Government for the pur4 pose of establishing any military installation or base for 

5 the purpose of providing for the permanent stationing of 

6 United States Armed Forces in Afghanistan. 

7 SEC. 312. (a) REPEAL OF SECRETARY OF DEFENSE

8 REPORTS ON TRANSITION READINESS OF IRAQ AND AF9 GHAN SECURITY FORCES.—Subsection (a) of section 9205 

10 of Public Law 110–252 (122 Stat. 2412) is repealed. 

11 (b) MODIFICATION OF REPORTS ON USE OF CERTAIN

12 SECURITY FORCES FUNDS.— 

13 (1) PREPARATION IN CONSULTATION WITH COM14 MANDER OF CENTCOM.—Subsection (b)(1) of such sec15 tion is amended by inserting ‘‘the Commander of the 

16 United States Central Command;’’ after ‘‘the Sec17 retary of Defense;’’. 

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

19 further amended by striking ‘‘not later than 120 days 

20 after the date of the enactment of this Act and every 

21 90 days thereafter’’ and inserting ‘‘not later than 45 

22 days after the end of each fiscal year quarter’’. 

23 (3) FUNDS COVERED BY REPORTS.—Such sub24 section is further amended by striking ‘‘and ‘Afghani25 stan Security Forces Fund’ ’’ and inserting ‘‘, ‘Afmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 ghanistan Security Forces Fund’, and ‘Pakistan 

2 Counterinsurgency Capability Fund’ ’’. 

3 (c) NOTICE NEW PROJECTS AND TRANSFERS OF

4 FUNDS.—Subsection (c) of such section is amended by strik5 ing ‘‘the headings’’ and all that follows and inserting ‘‘the 

6 headings as follows: 

7 ‘‘(1) ‘Iraq Security Forces Fund’. 

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

9 ‘‘(3) ‘Pakistan Counterinsurgency Capability 

10 Fund’.’’. 

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

12 section shall take effect on the date of the enactment of this 

13 Act. 

14 SEC. 313. (a) Section 1174(h)(1) of title 10, United 

15 States Code, is amended to read as follows: 

16 ‘‘(1) A member who has received separation pay 

17 under this section, or separation pay, severance pay, 

18 or readjustment pay under any other provision of 

19 law, based on service in the armed forces, and who 

20 later qualifies for retired or retainer pay under this 

21 title or title 14 shall have deducted from each pay22 ment of such retired or retainer pay an amount, in 

23 such schedule of monthly installments as the Sec24 retary of Defense shall specify, taking into account 

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1 ing the imposition of undue financial hardship on the 

2 member and member’s dependents, until the total 

3 amount deducted is equal to the total amount of sepa4 ration pay, severance pay, and readjustment pay so 

5 paid.’’. 

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

7 Code, is amended to read as follows: 

8 ‘‘(3)(A) A member who has received the vol9 untary separation incentive and who later qualifies 

10 for retired or retainer pay under this title shall have 

11 deducted from each payment of such retired or re12 tainer pay an amount, in such schedule of monthly 

13 installments as the Secretary of Defense shall specify, 

14 taking into account the financial ability of the mem15 ber to pay and avoiding the imposition of undue fi16 nancial hardship on the member and member’s de17 pendents, until the total amount deducted is equal to 

18 the total amount of separation pay, severance pay, 

19 and readjustment pay so paid. If the member elected 

20 to have a reduction in voluntary separation incentive 

21 for any period pursuant to paragraph (2), the deduc22 tion required under the preceding sentence shall be re23 duced as the Secretary of Defense shall specify.’’. 

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

25 section shall apply to any repayments of separation pay, 

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1 severance pay, readjustment pay, special separation benefit, 

2 or voluntary separation incentive, that occur on or after 

3 the date of enactment, including any ongoing repayment 

4 actions that were initiated prior to this amendment. 

5 SEC. 314. (a) IN GENERAL.—Unless otherwise des6 ignated, each amount in this title is designated as being 

7 for overseas deployments and other activities pursuant to 

8 sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th 

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

10 year 2010. 

11 (b) EXCEPTION.—Subsection (a) shall not apply to the 

12 amount rescinded in section 308 for ‘‘Operation and Main13 tenance, Air Force’’. 

14 SEC. 315. (a) REPORTS REQUIRED.—Not later than 

15 60 days after the date of the enactment of this Act and every 

16 90 days thereafter, the President shall submit to the mem17 bers and committees of Congress specified in subsection (b) 

18 a report on the prisoner population at the detention facility 

19 at Naval Station Guantanamo Bay, Cuba. 

20 (b) SPECIFIED MEMBERS AND COMMITTEES OF CON21 GRESS.—The members and committees of Congress specified 

22 in this subsection are the following: 

23 (1) The majority leader and minority leader of 

24 the Senate. 

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1 (2) The Chairman and Ranking Member on the 

2 Committee on Armed Services of the Senate. 

3 (3) The Chairman and Vice Chairman of the Se4 lect Committee on Intelligence of the Senate. 

5 (4) The Speaker of the House of Representatives. 

6 (5) The minority leader of the House of Rep7 resentatives. 

8 (6) The Chairman and Ranking Member on the 

9 Committee on Armed Services of the House of Rep10 resentatives. 

11 (7) The Chairman and Vice Chairman of the 

12 Permanent Select Committee on Intelligence of the 

13 House of Representatives 

14 (c) MATTERS TO BE INCLUDED.—Each report sub15 mitted under subsection (a) shall include the following: 

16 (1) The name and country of origin of each de17 tainee at the detention facility at Naval Station 

18 Guantanamo Bay, Cuba, as of the date of such report. 

19 (2) A current summary of the evidence, intel20 ligence, and information used to justify the detention 

21 of each detainee listed under paragraph (1) at Naval 

22 Station Guantanamo Bay. 

23 (3) A current accounting of all the measures 

24 taken to transfer each detainee listed under paramstockstill@gpo.gov on PROD1PC66 with BILLS

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1 graph (1) to the individual’s country of citizenship or 

2 another country. 

3 (4) A current description of the number of indi4 viduals released or transferred from detention at 

5 Naval Station Guantanamo Bay who are confirmed 

6 or suspected of returning to terrorist activities after 

7 release or transfer from Naval Station Guantanamo 

8 Bay. 

9 (5) An assessment of any efforts by al Qaeda to 

10 recruit detainees released from detention at Naval 

11 Station Guantanamo Bay. 

12 (6) For each detainee listed under paragraph 

13 (1), a threat assessment that includes— 

14 (A) an assessment of the likelihood that such 

15 detainee may return to terrorist activity after re16 lease or transfer from Naval Station Guanta17 namo Bay; 

18 (B) an evaluation of the status of any reha19 bilitation program in such detainee’s country of 

20 origin, or in the country such detainee is antici21 pated to be transferred to; and 

22 (C) an assessment of the risk posed to the 

23 American people by the release or transfer of 

24 such detainee from Naval Station Guantanamo 

25 Bay. 

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1 (d) ADDITIONAL MATTERS TO BE INCLUDED IN INI2 TIAL REPORT.—The first report submitted under subsection 

3 (a) shall also include the following: 

4 (1) A description of the process that was pre5 viously used for screening the detainees described by 

6 subsection (c)(4) prior to their release or transfer 

7 from detention at Naval Station Guantanamo Bay, 

8 Cuba. 

9 (2) An assessment of the adequacy of that screen10 ing process for reducing the risk that detainees pre11 viously released or transferred from Naval Station 

12 Guantanamo Bay would return to terrorist activities 

13 after release or transfer from Naval Station Guanta14 namo Bay. 

15 (3) An assessment of lessons learned from pre16 vious releases and transfers of individuals who re17 turned to terrorist activities for reducing the risk that 

18 detainees released or transferred from Naval Station 

19 Guantanamo Bay will return to terrorist activities 

20 after their release or transfer. 

21 (e) FORM.—Each report submitted under subsection 

22 (a), or parts thereof, may be submitted in classified form. 

23 (f) LIMITATION ON RELEASE OR TRANSFER.—No de24 tainee detained at the detention facility at Naval Station 

25 Guantanamo Bay, Cuba, as of the date of the enactment 

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1 of this Act may be released or transferred to another country 

2 until the President— 

3 (1) submits to Congress the first report required 

4 by subsection (a); or 

5 (2) certifies to the members and committees of 

6 Congress specified in subsection (b) that such action 

7 poses no threat to the members of the United States 

8 Armed Forces. 

9 (g) SENSE OF SENATE.—It is the sense of the Senate 

10 that the Secretary of Defense should consult with State and 

11 local government officials before making any decision about 

12 where detainees at Naval Station Guantanamo Bay, Cuba, 

13 might be transferred, housed, or otherwise incarcerated as 

14 a result of the implementation of the Executive Order of 

15 the President to close the detention facilities at Naval Sta16 tion Guantanamo Bay. 

17 TITLE IV 

18 DEPARTMENT OF DEFENSE—CIVIL 

19 DEPARTMENT OF THE ARMY 

20 CORPS OF ENGINEERS—CIVIL

21 OPERATION AND MAINTENANCE

22 For an additional amount for ‘‘Operation and Mainte23 nance’’ to dredge navigation channels and repair damage 

24 to Corps projects nationwide related to natural disasters, 

25 $38,375,000, to remain available until expended: Provided, 

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1 That the Assistant Secretary of the Army for Civil Works 

2 shall provide a monthly report to the Committees on Appro3 priations of the House of Representatives and the Senate 

4 detailing the allocation and obligation of these funds, begin5 ning not later than 60 days after enactment of this Act: 

6 Provided further, That the amount under this heading is 

7 designated as an emergency requirement and necessary to 

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

9 423(b) of S. Con. Res. 13 (111th Congress), the concurrent 

10 resolution on the budget for fiscal year 2010. 

11 FLOOD CONTROL AND COASTAL EMERGENCIES

12 For an additional amount for ‘‘Flood Control and 

13 Coastal Emergencies’’, as authorized by section 5 of the Act 

14 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses 

15 relating to the consequences of natural disasters as author16 ized by law, $804,290,000, to remain available until ex17 pended: Provided, That the Secretary of the Army is di18 rected to use $315,290,000 of the funds appropriated under 

19 this heading to support emergency operations, repair eligi20 ble projects nationwide, and for other activities in response 

21 to natural disasters: Provided further, That the Secretary 

22 of the Army is directed to use $489,000,000 of the amount 

23 provided under this heading for barrier island restoration 

24 and ecosystem restoration to restore historic levels of storm 

25 damage reduction to the Mississippi Gulf Coast: Provided 

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1 further, That this work shall be carried out at full Federal 

2 expense: Provided further, That the Assistant Secretary of 

3 the Army for Civil Works shall provide a monthly report 

4 to the Committees on Appropriations of the House of Rep5 resentatives and the Senate detailing the allocation and ob6 ligation of these funds, beginning not later than 60 days 

7 after enactment of this Act: Provided further, That the 

8 amount under this heading is designated as an emergency 

9 requirement and necessary to meet emergency needs pursu10 ant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th 

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

12 year 2010. 

13 DEPARTMENT OF ENERGY 

14 ENERGY PROGRAMS 

15 STRATEGIC PETROLEUM RESERVE

16 (TRANSFER OF FUNDS) 

17 For an additional amount for the ‘‘Strategic Petro18 leum Reserve’’ account, $21,585,723, to remain available 

19 until expended, to be derived by transfer from the ‘‘SPR 

20 Petroleum Account’’ for site maintenance activities: Pro21 vided, That the amount under this heading is designated 

22 as an emergency requirement and necessary to meet emer23 gency needs pursuant to sections 403(a) and 423(b) of S. 

24 Con. Res. 13 (111th Congress), the concurrent resolution on 

25 the budget for fiscal year 2010. 

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1 NATIONAL NUCLEAR SECURITY ADMINISTRATION

2 WEAPONS ACTIVITIES

3 (TRANSFER OF FUNDS)

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

5 $34,500,000, to remain available until expended, to be di6 vided among the three national security laboratories of 

7 Livermore, Sandia and Los Alamos to fund a sustainable 

8 capability to analyze nuclear and biological weapons intel9 ligence: Provided, That the Director of National Intelligence 

10 shall provide a written report to the Senate Appropriations 

11 Committee, the Senate Armed Services Committee and the 

12 Senate Select Committee on Intelligence within 90 days of 

13 enactment on how the National Nuclear Security Adminis14 tration will invest these resources in technical and core ana15 lytical capabilities: Provided further, That the amount 

16 under this heading is designated as being for overseas de17 ployments and other activities pursuant to sections 

18 401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), 

19 the concurrent resolution on the budget for fiscal year 2010. 

20 DEFENSE NUCLEAR NONPROLIFERATION

21 For an additional amount for ‘‘Defense Nuclear Non22 proliferation’’ in the National Nuclear Security Adminis23 tration, $55,000,000, to remain available until expended, 

24 for the International Nuclear Materials Protection and Co25 operation Program to counter emerging threats at nuclear 

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1 facilities in Russia and other countries of concern through 

2 detecting and deterring insider threats through security up3 grades: Provided, That the amount under this heading is 

4 designated as being for overseas deployments and other ac5 tivities pursuant to sections 401(c)(4) and 423(a) of S. Con. 

6 Res. 13 (111th Congress), the concurrent resolution on the 

7 budget for fiscal year 2010. 

8 GENERAL PROVISIONS—THIS TITLE 

9 LIMITED TRANSFER AUTHORITY

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

11 American Recovery and Reinvestment Act of 2009 (Public 

12 Law 111–5) is amended by striking all of the text and in13 serting the following: 

14 ‘‘SEC. 403. LIMITED TRANSFER AUTHORITY. 

15 ‘‘The Secretary of Energy may transfer up to 0.5 per16 cent from each amount appropriated to the Department of 

17 Energy in this title to any other appropriate account with18 in the Department of Energy, to be used for management 

19 and oversight activities: Provided, That the Secretary shall 

20 provide a report to the Committees on Appropriations of 

21 the House of Representatives and the Senate 15 days prior 

22 to any transfer: Provided further, That any funds so trans23 ferred under this section shall remain available for obliga24 tion until September 30, 2012.’’. 

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1 WAIVER OF FEDERAL EMPLOYMENT REQUIREMENTS

2 SEC. 402. Section 4601(c)(1) of the Atomic Energy De3 fense Act (50 U.S.C. 2701(c)(1)) is amended by striking 

4 ‘‘September 30, 2008’’ and inserting ‘‘September 30, 2009’’. 

5 CORPS OF ENGINEERS TECHNICAL FIX

6 SEC. 403. (a) IN GENERAL.—Section 3181 of the 

7 Water Resources Development Act of 2007 (Public Law 

8 110–114; 121 Stat. 1158) is amended— 

9 (1) in subsection (a)— 

10 (A) by redesignating paragraphs (4) 

11 through (11) as paragraphs (5), (6), (8), (9), 

12 (10), (11), (12), and (13), respectively; 

13 (B) by inserting after paragraph (3) the fol14 lowing: 

15 ‘‘(4) NORTHEAST HARBOR, MAINE.—The project 

16 for navigation, Northeast Harbor, Maine, authorized 

17 by section 2 of the Act of March 2, 1945 (59 Stat. 

18 12).’’; and 

19 (C) by inserting after paragraph (6) (as re20 designated by subparagraph (A)) the following: 

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

22 navigation, Tenants Harbor, Maine, authorized by 

23 the first section of the Act of March 2, 1919 (40 Stat. 

24 1275).’’; and 

25 (2) in subsection (h)— 

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

2 and 

3 (B) by redesignating paragraphs (17) 

4 through (29) as paragraphs (15) through (27), 

5 respectively. 

6 (b) EFFECTIVE DATE.—The amendments made by sub7 section (a) shall take effect as if included in the Water Re8 sources Development Act of 2007 (Public Law 110–114; 121 

9 Stat. 1041) 

10 CORPS OF ENGINEERS REPROGRAMMING AUTHORITY

11 SEC. 404. Unlimited reprogramming authority is 

12 granted to the Secretary of the Army for funds provided 

13 in title IV—Energy and Water Development of Public Law 

14 111–5 under the heading ‘‘Department of Defense—Civil, 

15 Department of the Army, Corps of Engineers—Civil’’. 

16 BUREAU OF RECLAMATION REPROGRAMMING AUTHORITY

17 SEC. 405. Unlimited reprogramming authority is 

18 granted to the Secretary of the Interior for funds provided 

19 in title IV—Energy and Water Development of Public Law 

20 111–5 under the heading ‘‘Bureau of Reclamation, Water 

21 and Related Resources’’. 

22 COST ANALYSIS OF TRITIUM PROGRAM CHANGES

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

24 shall be provided to fund activities related to the mission 

25 relocation of either the design authority for the gas transfer 

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1 systems or tritium research and development facilities dur2 ing the current fiscal year and until the Department can 

3 provide the Senate Appropriations Committee an inde4 pendent technical mission review and cost analysis by the 

5 JASON’s as proposed in the Complex Transformation Site6 Wide Programmatic Environmental Impact Statement. 

7 CORPS OF ENGINEERS PROJECT COST CEILING INCREASE

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

9 Newport Bay, California, authorized by section 101(b)(9) 

10 of the Water Resources Development Act of 2000 (114 Stat. 

11 2577), is modified to authorize the Secretary to construct 

12 the project at a total cost of $50,659,000, with an estimated 

13 Federal cost of $32,928,000 and a non-Federal cost of 

14 $17,731,000. 

15 SEC. 408. None of the funds provided in the matter 

16 under the heading entitled ‘‘Department of Defense—Civil’’ 

17 in this Act, or provided by previous appropriations Acts 

18 under the heading entitled ‘‘Department of Defense—Civil’’ 

19 may be used to deconstruct any work (including any par20 tially completed work) completed under the Mississippi 

21 River and Tributaries Project authorized by the Act of May 

22 15, 1928 (45 2 Stat. 534; 100 Stat. 4183), during fiscal 

23 year 2009, 2010, and 2011. 

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1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

2 PROGRAM

3 SEC. 409. The matter under the heading ‘‘Title 17 In4 novative Technology Loan Guarantee Program’’ of title III 

5 of division C of the Omnibus Appropriations Act, 2009 

6 (Public Law 111–8; 123 Stat. 619) is amended in the ninth 

7 proviso— 

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

9 (2) by striking ‘‘the guarantee’’ and inserting 

10 ‘‘the guarantee; (e) contracts, leases or other agree11 ments entered into prior to May 1, 2009 for front-end 

12 nuclear fuel cycle projects, where such project licenses 

13 technology from the Department of Energy, and pays 

14 royalties to the federal government for such license 

15 and the amount of such royalties will exceed the 

16 amount of federal spending, if any, under such con17 tracts, leases or agreements; or (f) grants or coopera18 tive agreements, to the extent that obligations of such 

19 grants or cooperative agreements have been recorded 

20 in accordance with section 1501(a)(5) of title 31, 

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

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1 TITLE V 

2 DEPARTMENT OF THE TREASURY 

3 DEPARTMENTAL OFFICES

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Departmental Offices, 

7 Salaries and Expenses’’, $4,000,000, to remain available 

8 until December 31, 2010: Provided, That, not later than 

9 10 days following enactment of this Act, the Secretary of 

10 the Treasury shall transfer funds provided under this head11 ing to an account to be designated for the necessary expenses 

12 of the Financial Crisis Inquiry Commission established 

13 pursuant to section 5 of the Fraud Enforcement and Recov14 ery Act of 2009: Provided further, That the amount under 

15 this heading is designated as an emergency requirement 

16 and necessary to meet emergency needs pursuant to sections 

17 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 

18 concurrent resolution on the budget for fiscal year 2010. 

19 EXECUTIVE OFFICE OF THE PRESIDENT AND 

20 FUNDS APPROPRIATED TO THE PRESIDENT 

21 NATIONAL SECURITY COUNCIL

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘Salaries and Ex24 penses’’, $2,936,000, of which $800,000 shall remain avail25 able until expended and $2,136,000 shall remain available 

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1 until September 30, 2010: Provided, That the amount under 

2 this heading is designated as being for overseas deployments 

3 and other activities pursuant to sections 401(c)(4) and 

4 423(a) of S. Con. Res. 13 (111th Congress), the concurrent 

5 resolution on the budget for fiscal year 2010. 

6 PANDEMIC PREPAREDNESS AND RESPONSE

7 (INCLUDING TRANSFERS OF FUNDS)

8 For an amount to be deposited into an account for 

9 ‘‘Pandemic Preparedness and Response’’ to be established 

10 within the Executive Office of the President for expenses to 

11 prepare for and respond to a potential pandemic disease 

12 outbreak and to assist international efforts to control the 

13 spread of such an outbreak, including for the 2009–H1N1 

14 influenza outbreak, $1,500,000,000, to remain available 

15 until September 30, 2010, and to be transferred by the Di16 rector of the Office of Management and Budget as follows: 

17 $900,000,000 shall be transferred to and merged with funds 

18 made available under the heading ‘‘Department of Health 

19 and Human Services, Public Health and Social Services 

20 Emergency Fund’’ for allocation by the Secretary; 

21 $190,000,000 shall be transferred to and merged with funds 

22 made available for the United States Department of Home23 land Security under the heading ‘‘Departmental Manage24 ment and Operations, Office of the Secretary and Executive 

25 Management’’ for allocation by the Secretary; $100,000,000 

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1 shall be transferred to and merged with funds made avail2 able for the United States Department of Agriculture under 

3 the heading ‘‘Agricultural Programs, Production, Proc4 essing and Marketing, Office of the Secretary’’ for allocation 

5 by the Secretary; $50,000,000 shall be transferred to and 

6 merged with funds made available under the heading ‘‘De7 partment of Health and Human Services, Food and Drug 

8 Administration, Salaries and Expenses’’; $110,000,000 

9 shall be transferred to and merged with funds made avail10 able under the heading ‘‘Department of Veterans Affairs, 

11 Veterans Health Administration, Medical Services’’; and 

12 $150,000,000 shall be transferred to and merged with funds 

13 made available under the heading ‘‘Bilateral Economic As14 sistance, Funds Appropriated to the President, Global 

15 Health and Child Survival’’, to support programs of the 

16 United States Agency for International Development: Pro17 vided, That such transfers shall be made not more than 10 

18 days after the date of enactment of this Act: Provided fur19 ther, That none of the funds provided under this heading 

20 shall be available for obligation until 15 days following the 

21 submittal of a detailed spending plan by each Department 

22 receiving funds to the Committees on Appropriations of the 

23 House of Representatives and the Senate: Provided further, 

24 That the transfer authority provided under this heading is 

25 in addition to any other transfer authority available in this 

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1 or any other Act: Provided further, That the amount under 

2 this heading is designated as an emergency requirement 

3 and necessary to meet emergency needs pursuant to sections 

4 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 

5 concurrent resolution on the budget for fiscal year 2010. 

6 THE JUDICIARY 

7 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

8 JUDICIAL SERVICES

9 SALARIES AND EXPENSES

10 (INCLUDING TRANSFER OF FUNDS)

11 For an additional amount for ‘‘Salaries and Ex12 penses’’, $10,000,000, to remain available until September 

13 30, 2010: Provided, That notwithstanding section 302 of di14 vision D of Public Law 111–8, funding shall be available 

15 for transfer between Judiciary accounts to meet increased 

16 workload requirements resulting from immigration and 

17 other law enforcement initiatives on the Southwest border: 

18 Provided further, That the amount under this heading is 

19 designated as being for overseas deployments and other ac20 tivities pursuant to sections 401(c)(4) and 423(a) of S. Con. 

21 Res. 13 (111th Congress), the concurrent resolution on the 

22 budget for fiscal year 2010. 

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1 INDEPENDENT AGENCIES 

2 SECURITIES AND EXCHANGE COMMISSION

3 SALARIES AND EXPENSES

4 For an additional amount for necessary expenses for 

5 the Securities and Exchange Commission, $10,000,000, to 

6 remain available until September 30, 2010, for investiga7 tion of securities fraud: Provided, That the amount under 

8 this heading is designated as an emergency requirement 

9 and necessary to meet emergency needs pursuant to sections 

10 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 

11 concurrent resolution on the budget for fiscal year 2010. 

12 GENERAL PROVISIONS—THIS TITLE 

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

14 Public Law 110–428 is amended— 

15 (1) in the matter before clause (i), by striking 

16 ‘‘4-year’’ and inserting ‘‘5-year’’; and 

17 (2) in clause (i), by striking ‘‘1-year’’ and in18 serting ‘‘2-year’’. 

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall take effect as if included in the enactment 

21 of Public Law 110–428. 

22 SEC. 502. The fourth proviso under the heading ‘‘Dis23 trict of Columbia Funds’’ of title IV of division D of the 

24 Omnibus Appropriations Act, 2009 (Public Law 111–8; 

25 123 Stat. 655) is amended by striking ‘‘and such title’’ and 

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1 inserting ‘‘, as amended by laws enacted pursuant to section 

2 442(c) of the Home Rule Act of the District of Columbia 

3 Home Rule Act of 1973, approved December 24, 1973 (87 

4 Stat. 798), and such title, as amended,’’. 

5 SEC. 503. Title V of division D of the Omnibus Appro6 priations Act, 2009 (Public Law 111–8) is amended under 

7 the heading ‘‘Federal Communications Commission’’ by 

8 striking the first proviso and inserting the following: ‘‘Pro9 vided, That of the funds provided, not less than $3,000,000 

10 shall be available for developing a national broadband plan 

11 pursuant to title VI of division B of the American Recovery 

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

13 carrying out any other responsibility pursuant to that 

14 title:’’. 

15 EXTENSION OF LIMITATIONS

16 SEC. 504. (a) IN GENERAL.—Section 44(f)(1) of the 

17 Federal Deposit Insurance Act (12 U.S.C. 1831u(f)(1)) is 

18 amended— 

19 (1) by redesignating subparagraphs (A) and (B) 

20 as clauses (i) and (ii), respectively, and moving the 

21 margins 2 ems to the right; 

22 (2) by striking ‘‘evidence of debt by any insured’’ 

23 and inserting the following: ‘‘evidence of debt by— 

24 ‘‘(A) any insured’’; and 

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1 (3) by striking the period at the end and insert2 ing the following: ‘‘; and 

3 ‘‘(B) any nondepository institution oper4 ating in such State, shall be equal to not more 

5 than the greater of the State’s maximum lawful 

6 annual percentage rate or 17 percent— 

7 ‘‘(i) to facilitate the uniform imple8 mentation of federally mandated or feder9 ally established programs and financings 

10 related thereto, including— 

11 ‘‘(I) uniform accessibility of stu12 dent loans, including the issuance of 

13 qualified student loan bonds as set 

14 forth in section 144(b) of the Internal 

15 Revenue Code of 1986; 

16 ‘‘(II) the uniform accessibility of 

17 mortgage loans, including the issuance 

18 of qualified mortgage bonds and quali19 fied veterans’ mortgage bonds as set 

20 forth in section 143 of such Code; 

21 ‘‘(III) the uniform accessibility of 

22 safe and affordable housing programs 

23 administered or subject to review by 

24 the Department of Housing and Urban 

25 Development, including— 

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1 ‘‘(aa) the issuance of exempt 

2 facility bonds for qualified resi3 dential rental property as set 

4 forth in section 142(d) of such 

5 Code; 

6 ‘‘(bb) the issuance of low in7 come housing tax credits as set 

8 forth in section 42 of such Code, 

9 to facilitate the uniform accessi10 bility of provisions of the Amer11 ican Recovery and Reinvestment 

12 Act of 2009; and 

13 ‘‘(cc) the issuance of bonds 

14 and obligations issued under that 

15 Act, to facilitate economic devel16 opment, higher education, and 

17 improvements to infrastructure, 

18 and the issuance of bonds and ob19 ligations issued under any provi20 sion of law to further the same; 

21 and 

22 ‘‘(ii) to facilitate interstate commerce 

23 generally, including consumer loans, in the 

24 case of any person or governmental entity 

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1 (other than a depository institution subject 

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

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

4 subsection (a) shall apply with respect to contracts con5 summated during the period beginning on the date of enact6 ment of this Act and ending on December 31, 2010. 

7 TITLE VI 

8 DEPARTMENT OF HOMELAND SECURITY 

9 U.S. CUSTOMS AND BORDER PROTECTION

10 SALARIES AND EXPENSES

11 For an additional amount for ‘‘Salaries and Ex12 penses’’, $46,200,000, to remain available until September 

13 30, 2010, of which $6,200,000 shall be for the care, treat14 ment, and transportation of unaccompanied alien children; 

15 and of which $40,000,000 shall be for response to border 

16 security issues on the Southwest border of the United States. 

17 AIR AND MARINE INTERDICTION, OPERATIONS, 

18 MAINTENANCE, AND PROCUREMENT

19 For an additional amount for ‘‘Salaries and Ex20 penses’’, $5,000,000, to remain available until September 

21 30, 2010, for response to border security issues on the South22 west border of the United States. 

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1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $66,800,000, to remain available until September 

5 30, 2010, of which $11,800,000 shall be for the care, treat6 ment, and transportation of unaccompanied alien children; 

7 and of which $55,000,000 shall be for response to border 

8 security issues on the Southwest border of the United States. 

9 COAST GUARD

10 OPERATING EXPENSES

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

12 $139,503,000; of which $129,503,000 shall be for Coast 

13 Guard operations in support of Operation Iraqi Freedom 

14 and Operation Enduring Freedom; and of which 

15 $10,000,000 shall be available until September 30, 2010, 

16 for High Endurance Cutter maintenance, major repairs, 

17 and improvements. 

18 FEDERAL EMERGENCY MANAGEMENT AGENCY

19 STATE AND LOCAL PROGRAMS

20 For an additional amount for ‘‘State and Local Pro21 grams’’, $30,000,000 shall be for Operation Stonegarden. 

22 GENERAL PROVISIONS—THIS TITLE 

23 (INCLUDING RESCISSION)

24 SEC. 601. (a) RESCISSION.—Of amounts previously 

25 made available from ‘‘Federal Emergency Management 

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1 Agency, Disaster Relief’’ to the State of Mississippi pursu2 ant to section 404 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5170c) for Hur4 ricane Katrina, an additional $100,000,000 are rescinded. 

5 (b) APPROPRIATION.—For ‘‘Federal Emergency Man6 agement Agency, State and Local Programs’’, there is ap7 propriated an additional $100,000,000, to remain available 

8 until expended, for a grant to the State of Mississippi for 

9 an interoperable communications system required in the 

10 aftermath of Hurricane Katrina: Provided, That the 

11 amount under this heading is designated as an emergency 

12 requirement and necessary to meet emergency needs pursu13 ant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th 

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

15 year 2010. 

16 SEC. 602. The Department of Homeland Security Ap17 propriations Act, 2009 (Public Law 110–329) is amended 

18 under the heading ‘‘Federal Emergency Management Agen19 cy, Management and Administration’’ after ‘‘the Robert T. 

20 Stafford Disaster Relief and Emergency Assistance Act (42 

21 U.S.C. 5121 et seq.),’’ by adding ‘‘Cerro Grande Fire Assist22 ance Act of 2000 (division C, title I, 114 Stat. 583),’’. 

23 SEC. 603. Notwithstanding any provision under 

24 (a)(1)(A) of 15 U.S.C. 2229a specifying that grants must 

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1 ments, the Secretary of Homeland Security may, in making 

2 grants described under 15 U.S.C. 2229a for fiscal year 2009 

3 or 2010, grant waivers from the requirements of subsection 

4 (a)(1)(B), subsection (c)(1), subsection (c)(2), and sub5 section (c)(4)(A), and may award grants for the hiring, re6 hiring, or retention of firefighters. 

7 SEC. 604. The Administrator of the Federal Emer8 gency Management Agency shall extend through March 

9 2010 reimbursement of case management activities con10 ducted by the State of Mississippi under the Disaster Hous11 ing Assistance Program to individuals in the program on 

12 April 30, 2009. 

13 SEC. 605. Section 552 of division E of the Consolidated 

14 Appropriations Act, 2008 (Public Law 110–161) is amend15 ed by striking ‘‘local educational agencies’’ and inserting 

16 ‘‘primary or secondary school sites’’ and by inserting ‘‘and 

17 section 406(c)(2)’’ after ‘‘section 406(c)(1)’’. 

18 SEC. 606. (a) IN GENERAL.—Each amount in this title 

19 is designated as being for overseas deployments and other 

20 activities pursuant to sections 401(c)(4) and 423(a) of S. 

21 Con. Res. 13 (111th Congress), the concurrent resolution on 

22 the budget for fiscal year 2010. 

23 (b) EXCEPTION.—Subsection (a) shall not apply to 

24 any amount under section 601 of this title. 

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1 SEC. 607. For purposes of qualification for loans made 

2 under the Disaster Assistance Direct Loan Program as al3 lowed under Public Law 111–5 relating to disaster declara4 tion DR–1791 (issued September 13, 2008) the base period 

5 for tax determining loss of revenue may be fiscal year 2009 

6 or 2010. 

7 TITLE VII 

8 DEPARTMENT OF THE INTERIOR 

9 DEPARTMENT-WIDE PROGRAMS

10 WILDLAND FIRE MANAGEMENT

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount to cover necessary expenses 

13 for wildfire suppression and emergency rehabilitation ac14 tivities of the Department of the Interior, $50,000,000, to 

15 remain available until expended: Provided, That such funds 

16 shall only become available if funds provided previously for 

17 wildland fire suppression will be exhausted imminently and 

18 after the Secretary of the Interior notifies the Committees 

19 on Appropriations of the House of Representatives and the 

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

21 Provided further, That the Secretary of the Interior may 

22 transfer any of these funds to the Secretary of Agriculture 

23 if the transfer enhances the efficiency or effectiveness of Fed24 eral wildland fire suppression activities: Provided further, 

25 That the amount under this heading is designated as an 

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1 emergency requirement and necessary to meet emergency 

2 needs pursuant to sections 403(a) and 423(b) of S. Con. 

3 Res. 13 (111th Congress), the concurrent resolution on the 

4 budget for fiscal year 2010. 

5 DEPARTMENT OF AGRICULTURE 

6 FOREST SERVICE

7 WILDLAND FIRE MANAGEMENT

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount to cover necessary expenses 

10 for wildfire suppression and emergency rehabilitation ac11 tivities of the Forest Service, $200,000,000, to remain avail12 able until expended: Provided, That such funds shall only 

13 become available if funds provided previously for wildland 

14 fire suppression will be exhausted imminently and after the 

15 Secretary of Agriculture notifies the Committees on Appro16 priations of the House of Representatives and the Senate 

17 in writing of the need for these additional funds: Provided 

18 further, That the Secretary of Agriculture may transfer not 

19 more than $50,000,000 of these funds to the Secretary of 

20 the Interior if the transfer enhances the efficiency or effec21 tiveness of Federal wildland fire suppression activities: Pro22 vided further, That the amount under this heading is des23 ignated as an emergency requirement and necessary to meet 

24 emergency needs pursuant to sections 403(a) and 423(b) of 

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1 S. Con. Res. 13 (111th Congress), the concurrent resolution 

2 on the budget for fiscal year 2010. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 701. Public Law 111–8, division E, title III, De5 partment of Health and Human Services, Agency for Toxic 

6 Substances and Disease Registry, Toxic Substances and En7 vironmental Public Health is amended by inserting ‘‘per 

8 eligible employee’’ after ‘‘$1,000’’. 

9 SEC. 702. (a) Section 1606 of division A, title XVI 

10 of Public Law 111–5 shall not be applied to projects carried 

11 out by youth conservation organizations under agreement 

12 with the Department of the Interior or the Forest Service 

13 for which funds were provided in title VII. 

14 (b) For purposes of this provision, the term ‘‘youth 

15 conservation organizations’’ means not-for-profit organiza16 tions that provide conservation service learning opportuni17 ties for youth 16 to 25 years of age. 

18 TITLE VIII 

19 DEPARTMENT OF HEALTH AND HUMAN 

20 SERVICES 

21 ADMINISTRATION FOR CHILDREN AND FAMILIES

22 REFUGEE AND ENTRANT ASSISTANCE

23 For an additional amount for ‘‘Refugee and Entrant 

24 Assistance’’ for necessary expenses for unaccompanied alien 

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1 curity Act of 2002 and section 235 of the William Wilber2 force Trafficking Victims Protection Reauthorization Act of 

3 2008, $82,000,000, to remain available through September 

4 30, 2011: Provided, That the amount under this heading 

5 is designated as being for overseas deployments and other 

6 activities pursuant to sections 401(c)(4) and 423(a) of S. 

7 Con. Res. 13 (111th Congress), the concurrent resolution on 

8 the budget for fiscal year 2010. 

9 GENERAL PROVISIONS—THIS TITLE 

10 (TRANSFER OF FUNDS)

11 SEC. 801. Section 801(a) of division A of Public Law 

12 111–5 is amended by inserting ‘‘, and may be transferred 

13 by the Department of Labor to any other account within 

14 the Department for such purposes’’ before the end period. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 802. (a) Notwithstanding any other provision of 

17 law, during the period from September 1 through September 

18 30, 2009, the Secretary of Education shall transfer to the 

19 Career, Technical, and Adult Education account an 

20 amount not to exceed $17,678,270 from amounts that would 

21 otherwise lapse at the end of fiscal year 2009 and that were 

22 originally made available under the Department of Edu23 cation Appropriations Act, 2009 or any Department of 

24 Education Appropriations Act for a previous fiscal year. 

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1 (b) Funds transferred under this section to the Career, 

2 Technical, and Adult Education account shall be obligated 

3 by September 30, 2009. 

4 (c) Any amounts transferred pursuant to this section 

5 shall be for carrying out Adult Education State Grants, 

6 and shall be allocated, notwithstanding any other provision 

7 of law, only to those States that received funds under that 

8 program for fiscal year 2009 that were at least 9.9 percent 

9 less than those States received under that program for fiscal 

10 year 2008. 

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

12 increase those States’ allocations under that program up 

13 to the amount they received under that program for fiscal 

14 year 2008. 

15 (e) The Secretary shall notify the Committees on Ap16 propriations of both Houses of Congress of any transfer pur17 suant to this section. 

18 TITLE IX 

19 LEGISLATIVE BRANCH 

20 CAPITOL POLICE 

21 GENERAL EXPENSES

22 For an additional amount for ‘‘Capitol Police, General 

23 Expenses’’, $71,606,000, to purchase and install a new 

24 radio system for the U.S. Capitol Police, to remain avail25 able until September 30, 2012: Provided, That the Chief of 

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1 the Capitol Police may not obligate any of the funds appro2 priated under this heading without approval of an obliga3 tion plan by the Committees on Appropriations of the Sen4 ate and the House of Representatives. 

5 CONGRESSIONAL BUDGET OFFICE 

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $2,000,000, to remain available until September 

9 30, 2010. 

10 GENERAL PROVISION—THIS TITLE 

11 SEC. 901. The amount available to the Committee on 

12 the Judiciary for expenses, including salaries, under section 

13 13(b) of Senate Resolution 73, agreed to March 10, 2009, 

14 is increased by $500,000. 

15 TITLE X 

16 MILITARY CONSTRUCTION 

17 MILITARY CONSTRUCTION, ARMY

18 (INCLUDING RESCISSION)

19 For an additional amount for ‘‘Military Construction, 

20 Army’’, $1,229,731,000, to remain available until Sep21 tember 30, 2013: Provided, That notwithstanding any other 

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

23 to carry out planning and design and military construction 

24 projects not otherwise authorized by law: Provided further, 

25 That none of the funds provided under this heading for 

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1 military construction projects in Afghanistan shall be obli2 gated or expended until the Secretary of Defense certifies 

3 to the Committees on Appropriations of both Houses of Con4 gress that a prefinancing statement for each project has 

5 been submitted to the North Atlantic Treaty Organization 

6 (NATO) for consideration of funding by the NATO Security 

7 Investment Program. 

8 For an additional amount for ‘‘Military Construction, 

9 Army’’, $49,000,000, to remain available until September 

10 30, 2013: Provided, That notwithstanding any other provi11 sion of law, such funds may be obligated and expended to 

12 carry out planning and design and military construction 

13 projects not otherwise authorized by law: Provided further, 

14 That the preceding amount in this paragraph is designated 

15 as an emergency requirement and necessary to meet emer16 gency needs pursuant to sections 403(a) and 423(b) of S. 

17 Con. Res. 13 (111th Congress), the concurrent resolution on 

18 the budget for fiscal year 2010: Provided further, That of 

19 the funds appropriated for ‘‘Military Construction, Army’’ 

20 under Public Law 110–252, $49,000,000 are hereby re21 scinded. 

22 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

23 For an additional amount for ‘‘Military Construction, 

24 Navy and Marine Corps’’, $243,083,000, to remain avail25 able until September 30, 2013: Provided, That notwithmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 standing any other provision of law, such funds may be 

2 obligated and expended to carry out planning and design 

3 and military construction projects not otherwise authorized 

4 by law. 

5 MILITARY CONSTRUCTION, AIR FORCE

6 For an additional amount for ‘‘Military Construction, 

7 Air Force’’, $265,470,000, to remain available until Sep8 tember 30, 2013: Provided, That notwithstanding any other 

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

10 to carry out planning and design and military construction 

11 projects not otherwise authorized by law: Provided further, 

12 That none of the funds provided under this heading for 

13 military construction projects in Afghanistan shall be obli14 gated or expended until the Secretary of Defense certifies 

15 to the Committees on Appropriations of both Houses of Con16 gress that a prefinancing statement for each project has 

17 been submitted to the North Atlantic Treaty Organization 

18 (NATO) for consideration of funding by the NATO Security 

19 Investment Program. 

20 MILITARY CONSTRUCTION, DEFENSE-WIDE

21 For an additional amount for ‘‘Military Construction, 

22 Defense-Wide’’, $181,500,000, to remain available until 

23 September 30, 2013: Provided, That notwithstanding any 

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

25 expended to carry out planning and design and military 

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1 construction projects not otherwise authorized by law: Pro2 vided further, That $1,781,500,000 is hereby authorized for 

3 fiscal years 2009 through 2013 for the purposes of this ap4 propriation. 

5 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

6 INVESTMENT PROGRAM

7 For an additional amount for ‘‘North Atlantic Treaty 

8 Organization Security Investment Program’’, 

9 $100,000,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law, 

11 such funds are authorized for the North Atlantic Treaty Se12 curity Investment Program for purposes of section 2806 of 

13 title 10, United States Code, and section 2502 of the Mili14 tary Construction Authorization Act for Fiscal Year 2009 

15 (division B of Public Law 110–417). 

16 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

17 For deposit into the Department of Defense Base Clo18 sure Account 2005, established by section 2906A(a)(1) of the 

19 Defense Base Closure and Realignment Act of 1990 (10 

20 U.S.C. 2687 note), $230,900,000, to remain available until 

21 expended: Provided, That notwithstanding any other provi22 sion of law, such funds may be obligated and expended to 

23 carry out operation and maintenance, planning and design 

24 and military construction projects not otherwise authorized 

25 by law. 

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1 GENERAL PROVISIONS—THIS TITLE 

2 SEC. 1001. None of the funds appropriated in this or 

3 any other Act may be used to disestablish, reorganize, or 

4 relocate the Armed Forces Institute of Pathology, except for 

5 the Armed Forces Medical Examiner, until the President 

6 has established, as required by section 722 of the National 

7 Defense Authorization Act for Fiscal Year 2008 (Public 

8 Law 110–181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint 

9 Pathology Center, and the Joint Pathology Center is demon10 strably performing the minimum requirements set forth in 

11 section 722 of the National Defense Authorization Act for 

12 Fiscal Year 2008. 

13 SEC. 1002. (a) IN GENERAL.—Unless otherwise des14 ignated, each amount in this title is designated as being 

15 for overseas deployments and other activities pursuant to 

16 sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th 

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

18 year 2010. 

19 (b) EXCEPTION.—Subsection (a) shall not apply to 

20 any amount under the heading ‘‘Military Construction, De21 fense-Wide’’. 

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1 TITLE XI 

2 DEPARTMENT OF STATE 

3 ADMINISTRATION OF FOREIGN AFFAIRS

4 DIPLOMATIC AND CONSULAR PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Diplomatic and Con7 sular Programs’’, $645,444,000, to remain available until 

8 September 30, 2010, of which $117,983,000 is for World 

9 Wide Security Protection and shall remain available until 

10 expended: Provided, That the Secretary of State may trans11 fer up to $135,629,000 of the total funds made available 

12 under this heading to any other appropriation of any de13 partment or agency of the United States, upon the concur14 rence of the head of such department or agency, to support 

15 operations in and assistance for Afghanistan and to carry 

16 out the provisions of the Foreign Assistance Act of 1961: 

17 Provided further, That of the funds appropriated under this 

18 heading, not more than $10,000,000 for public diplomacy 

19 activities may be transferred to, and merged with, funds 

20 made available under the heading ‘‘International Broad21 casting Operations’’ for broadcasting activities to the Paki22 stan-Afghanistan border region: Provided further, That of 

23 the funds appropriated under this heading, $57,000,000 

24 shall be made available for aircraft acquisition, mainte25 nance, operations and leases in Afghanistan for the Departmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 ment of State and the United States Agency for Inter2 national Development (USAID), and the uses and oversight 

3 of such aircraft shall be the responsibility of the United 

4 States Chief of Mission in Afghanistan: Provided further, 

5 That of the funds made available pursuant to the previous 

6 proviso, $40,000,000 shall be transferred to, and merged 

7 with, funds made available under the heading ‘‘United 

8 States Agency for International Development, Funds Ap9 propriated to the President, Operating Expenses’’ for the 

10 purpose of USAID’s air services: Provided further, That 

11 such aircraft utilized by USAID may be used to transport 

12 Federal and non-Federal personnel supporting USAID pro13 grams and activities: Provided further, That official travel 

14 of other agencies for other purposes may be supported on 

15 a reimbursable basis, or without reimbursement when trav16 eling on a space available basis. 

17 OFFICE OF INSPECTOR GENERAL

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Office of Inspector 

20 General’’, $22,200,000, to remain available until September 

21 30, 2010, of which $7,000,000 shall be transferred to the 

22 Special Inspector General for Iraq Reconstruction for recon23 struction oversight, and $7,200,000 shall be transferred to 

24 the Special Inspector General for Afghanistan Reconstruc25 tion for reconstruction oversight: Provided, That the Special 

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1 Inspector General for Afghanistan Reconstruction may ex2 ercise the authorities of subsections (b) through (i) of section 

3 3161 of title 5, United States Code (without regard to sub4 section (a) of such section) for funds made available for fis5 cal years 2009 and 2010. 

6 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

7 For an additional amount for ‘‘Embassy Security, 

8 Construction, and Maintenance’’, $820,500,000, to remain 

9 available until expended, for worldwide security upgrades, 

10 acquisition, and construction as authorized, and shall be 

11 made available for secure diplomatic facilities and housing 

12 for United States mission staff in Afghanistan and Paki13 stan, and for mobile mail screening units. 

14 INTERNATIONAL ORGANIZATIONS

15 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

16 ACTIVITIES

17 For an additional amount for ‘‘Contributions for 

18 International Peacekeeping Activities’’, $721,000,000, to re19 main available until September 30, 2010. 

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1 UNITED STATES AGENCY FOR INTERNATIONAL 

2 DEVELOPMENT 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 OPERATING EXPENSES

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

6 $112,600,000, to remain available until September 30, 

7 2010. 

8 CAPITAL INVESTMENT FUND

9 For an additional amount for ‘‘Capital Investment 

10 Fund’’, $48,500,000, to remain available until expended. 

11 OFFICE OF INSPECTOR GENERAL

12 For an additional amount for ‘‘Office of Inspector 

13 General’’, $3,500,000, to remain available until September 

14 30, 2010, for oversight of programs in Afghanistan and 

15 Pakistan. 

16 BILATERAL ECONOMIC ASSISTANCE 

17 FUNDS APPROPRIATED TO THE PRESIDENT

18 GLOBAL HEALTH AND CHILD SURVIVAL

19 For an additional amount for ‘‘Global Health and 

20 Child Survival’’, $50,000,000, to remain available until 

21 September 30, 2010, notwithstanding any other provision 

22 of law, except for the United States Leadership Against 

23 HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public 

24 Law 108–25), for a United States contribution to the Global 

25 Fund to Fight AIDS, Tuberculosis and Malaria. 

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1 DEVELOPMENT ASSISTANCE

2 For an additional amount for ‘‘Development Assist3 ance’’, $38,000,000, to remain available until September 

4 30, 2010, for assistance for Kenya. 

5 INTERNATIONAL DISASTER ASSISTANCE

6 For an additional amount for ‘‘International Disaster 

7 Assistance’’, $245,000,000, to remain available until ex8 pended. 

9 ECONOMIC SUPPORT FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For an additional amount for ‘‘Economic Support 

12 Fund’’, $2,828,000,000, to remain available until Sep13 tember 30, 2010: Provided, That of the funds appropriated 

14 under this heading, not less than $866,000,000 may be 

15 made available for assistance for Afghanistan, of which not 

16 less than $100,000,000 shall be made available to support 

17 programs that directly address the needs of Afghan women 

18 and girls, including for the Afghan Independent Human 

19 Rights Commission, the Afghan Ministry of Women’s Af20 fairs, and for women-led nongovernmental organizations: 

21 Provided further, That of the funds appropriated under this 

22 heading, not less than $115,000,000 shall be made available 

23 for the Afghan Reconstruction Trust Fund, of which not less 

24 than $70,000,000 shall be made available for the National 

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1 propriated under this heading, not less than $11,000,000 

2 shall be made available for the Afghan Civilian Assistance 

3 Program: Provided further, That of the funds appropriated 

4 under this heading, not less than $439,000,000 shall be 

5 made available for assistance for Pakistan, of which not 

6 more than $215,000,000 shall be made available for eco7 nomic growth programs, including basic education to 

8 counter the influence of madrassas; not less than 

9 $50,000,000 shall be made available for assistance for inter10 nally displaced persons; and not less than $10,000,000 shall 

11 be made available for democracy programs, including to 

12 strengthen democratic political parties: Provided further, 

13 That of the funds appropriated under this heading that are 

14 available for assistance for Afghanistan and Pakistan, not 

15 less than $20,000,000 shall be made available for a cross 

16 border development program to be administered by the Spe17 cial Representative for Afghanistan and Pakistan at the De18 partment of State: Provided further, That of the funds ap19 propriated under this heading, not less than $439,000,000 

20 shall be made available for assistance for Iraq, of which 

21 not less than $50,000,000 shall be for the Community Ac22 tion Program and not less than $10,000,000 shall be for 

23 the Marla Ruzicka Iraqi War Victims Fund: Provided fur24 ther, That of the funds appropriated under this heading, 

25 not less than $150,000,000 shall be made available for asmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 sistance for Jordan to mitigate the impact of the global eco2 nomic crisis, including for health, education, water and 

3 sanitation, and other assistance for Iraqi and other refugees 

4 in Jordan: Provided further, That of the funds appropriated 

5 under this heading, not less than $15,000,000 shall be made 

6 available for assistance for Yemen; not less than 

7 $10,000,000 shall be made available for assistance for So8 malia; and not less than $10,000,000 shall be made avail9 able for programs and activities to assist victims of gender10 based violence in the Democratic Republic of the Congo: 

11 Provided further, That funds made available pursuant to 

12 the previous proviso shall be administered by the United 

13 States Agency for International Development: Provided fur14 ther, That none of the funds appropriated in this title for 

15 democracy and civil society programs may be made avail16 able for the construction of facilities in the United States. 

17 ASSISTANCE FOR EUROPE, EURASIA, AND CENTRAL ASIA

18 For an additional amount for ‘‘Assistance for Europe, 

19 Eurasia and Central Asia’’, $230,000,000, to remain avail20 able until September 30, 2010, of which $200,000,000 may 

21 be made available for assistance for Georgia and other Eur22 asian countries: Provided, That of the funds appropriated 

23 under this heading, $30,000,000 may be made available for 

24 assistance for the Kyrgyz Republic to provide a long-range 

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1 ations in the Kyrgyz Republic, including at Manas Inter2 national Airport, notwithstanding any other provision of 

3 law. 

4 DEPARTMENT OF STATE

5 INTERNATIONAL NARCOTICS CONTROL AND LAW

6 ENFORCEMENT

7 For an additional amount for ‘‘International Nar8 cotics Control and Law Enforcement’’, $393,500,000, to re9 main available until September 30, 2010: Provided, That 

10 of the funds appropriated under this heading, not more 

11 than $109,000,000 may be made available for assistance for 

12 the West Bank and not more than $66,000,000 may be 

13 made available for assistance for Mexico. 

14 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15 RELATED PROGRAMS

16 For an additional amount for ‘‘Nonproliferation, 

17 Anti-Terrorism, Demining and Related Programs’’, 

18 $102,000,000, to remain available until September 30, 

19 2010: Provided, That of this amount, not more than 

20 $77,000,000, to remain available until expended, may be 

21 made available for the Nonproliferation and Disarmament 

22 Fund, notwithstanding any other provision of law, of which 

23 not more than $50,000,000 may be made available to en24 hance security along the Gaza border: Provided further, 

25 That the Secretary of State shall work assiduously to facilimstockstill@gpo.gov on PROD1PC66 with BILLS

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1 tate the regular flow of people and licit goods in and out 

2 of Gaza at established border crossings and shall submit a 

3 report to the Committees on Appropriations not later than 

4 45 days after enactment of this Act, and every 45 days 

5 thereafter until September 30, 2010, detailing progress in 

6 this effort. 

7 MIGRATION AND REFUGEE ASSISTANCE

8 For an additional amount for ‘‘Migration and Refugee 

9 Assistance’’, $345,000,000, to remain available until ex10 pended. 

11 INTERNATIONAL SECURITY ASSISTANCE 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 PEACEKEEPING OPERATIONS

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Peacekeeping Oper16 ations’’, $172,900,000, to remain available until September 

17 30, 2010, of which $155,900,000 may be made available to 

18 support the African Union Mission to Somalia and which 

19 may be transferred to, and merged with, funds appro20 priated under the heading ‘‘Contributions for International 

21 Peacekeeping Activities’’ for peacekeeping in Somalia: Pro22 vided, That of the funds appropriated under this heading, 

23 $15,000,000 shall be made available for assistance for the 

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

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1 made available for the Multinational Force and Observer 

2 mission in the Sinai. 

3 INTERNATIONAL MILITARY EDUCATION AND TRAINING

4 For an additional amount for ‘‘International Military 

5 Education and Training’’, $2,000,000, to remain available 

6 until September 30, 2010, for assistance for Iraq. 

7 FOREIGN MILITARY FINANCING PROGRAM

8 For an additional amount for ‘‘Foreign Military Fi9 nancing Program’’, $98,000,000, to remain available until 

10 September 30, 2009, for assistance for Lebanon. 

11 GENERAL PROVISIONS—THIS TITLE 

12 AFGHANISTAN

13 SEC. 1101. (a) IN GENERAL.—Funds appropriated 

14 under the heading ‘‘Economic Support Fund’’ that are 

15 available for assistance for Afghanistan shall be made avail16 able, to the maximum extent practicable, in a manner that 

17 utilizes Afghan entities and emphasizes the participation 

18 of Afghan women and directly improves the security, eco19 nomic and social well-being, and political status, of Afghan 

20 women and girls. 

21 (b) LIMITATION ON CONTRACTS AND GRANTS.—Funds 

22 appropriated under the heading ‘‘Economic Support Fund’’ 

23 that are available for assistance for Afghanistan shall not 

24 be used to initiate or make an amendment to any contract, 

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1 grant or cooperative agreement in an amount exceeding 

2 $10,000,000. 

3 (c) ASSISTANCE FOR WOMEN AND GIRLS.— 

4 (1) Of the funds appropriated under the heading 

5 ‘‘International Narcotics Control and Law Enforce6 ment’’ that are available for assistance for Afghani7 stan, not less than $10,000,000 shall be made avail8 able to train and support Afghan women investiga9 tors, police officers, prosecutors and judges with re10 sponsibility for investigating, prosecuting, and pun11 ishing crimes of violence against women and girls. 

12 (2) Of the funds appropriated under the heading 

13 ‘‘Economic Support Fund’’ that are available for as14 sistance for Afghanistan, not less than $5,000,000 

15 shall be made available for capacity building for Af16 ghan women-led nongovernmental organizations, and 

17 not less than $25,000,000 shall be made available to 

18 support programs and activities of such organiza19 tions, including to provide legal assistance and train20 ing for Afghan women and girls about their rights, 

21 and to promote women’s health (including mental 

22 health), education, and leadership. 

23 (d) ANTICORRUPTION.—Ten percent of the funds ap24 propriated under the heading ‘‘International Narcotics 

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1 sistance for the Government of Afghanistan shall be with2 held from obligation until the Secretary of State reports to 

3 the Committees on Appropriations that the Government of 

4 Afghanistan is implementing a policy to promptly remove 

5 from office any government official who is credibly alleged 

6 to have engaged in narcotics trafficking, gross violations of 

7 human rights, or other major crimes. 

8 (e) ACQUISITION OF PROPERTY.—Not more than 

9 $10,000,000 of the funds appropriated in this title may be 

10 made available to pay for the acquisition of property for 

11 diplomatic facilities in Afghanistan. 

12 (f) UNITED NATIONS DEVELOPMENT PROGRAM.—None 

13 of the funds appropriated in this title may be made avail14 able for programs and activities of the United Nations De15 velopment Program (UNDP) in Afghanistan unless the Sec16 retary of State reports to the Committees on Appropriations 

17 that UNDP is fully cooperating with efforts of the United 

18 States Agency for International Development (USAID) to 

19 investigate expenditures by UNDP of USAID funds associ20 ated with the Quick Impact Program in Afghanistan, and 

21 has agreed to reimburse USAID, if appropriate. 

22 (g) TRAINING IN CIVILIAN-MILITARY COORDINA23 TION.—The Secretary of State, in consultation with the Sec24 retary of Defense and the Administrator of the United 

25 States Agency for International Development, shall seek to 

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1 ensure that civilian personnel assigned to serve in Afghani2 stan receive civilian-military coordination training that fo3 cuses on counterinsurgency and stability operations, and 

4 shall submit a report to the Committees on Appropriations 

5 and Foreign Relations of the Senate and the Committees 

6 on Appropriations and Foreign Affairs of the House of Rep7 resentatives not later than 90 days after the date of the en8 actment of this Act detailing how such training addresses 

9 current and future civilian-military coordination require10 ments. 

11 ALLOCATIONS

12 SEC. 1102. (a) Funds appropriated in this title for 

13 the following accounts shall be made available for programs 

14 and countries in the amounts contained in the respective 

15 tables included in the report accompanying this Act: 

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

17 (2) ‘‘Embassy Security, Construction, and Main18 tenance’’. 

19 (3) ‘‘Economic Support Fund’’. 

20 (4) ‘‘International Narcotics Control and Law 

21 Enforcement’’. 

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

23 only with respect to the tables included in the report accom24 panying this Act, the Secretary of State and the Adminis25 trator of the United States Agency for International Develmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 opment, as appropriate, may propose deviations to the 

2 amounts referenced in subsection (a), subject to the regular 

3 notification procedures of the Committees on Appropria4 tions and section 634A of the Foreign Assistance Act of 

5 1961. 

6 BURMA

7 SEC. 1103. (a) Funds appropriated under the heading 

8 ‘‘Economic Support Fund’’ for humanitarian assistance for 

9 Burma may be made available notwithstanding any other 

10 provision of law. 

11 (b) Not later than 30 days after enactment of this Act, 

12 the Secretary of State shall submit to the Committees on 

13 Appropriations a report that details the findings and rec14 ommendations of the Department of State’s review of 

15 United States policy toward Burma. 

16 EXTENSION OF AUTHORITIES

17 SEC. 1104. Funds appropriated in this title may be 

18 obligated and expended notwithstanding section 10 of Pub19 lic Law 91–672, section 15 of the State Department Basic 

20 Authorities Act of 1956, section 313 of the Foreign Rela21 tions Authorization Act, Fiscal Years 1994 and 1995 (Pub22 lic Law 103–236), and section 504(a)(1) of the National 

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

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1 GLOBAL FINANCIAL CRISIS

2 SEC. 1105. (a) IN GENERAL.—Of the funds appro3 priated under the heading ‘‘Economic Support Fund’’, not 

4 more than $285,000,000 may be made available for assist5 ance for vulnerable populations in developing countries se6 verely affected by the global financial crisis: Provided, That 

7 funds made available pursuant to this section may be obli8 gated only after the Administrator of the United States 

9 Agency for International Development (USAID) submits a 

10 report to the Committees on Appropriations detailing a 

11 spending plan for each such country including criteria for 

12 eligibility, proposed amounts and purposes of assistance, 

13 and mechanisms for monitoring the uses of such assistance, 

14 and indicating that USAID has reviewed its existing pro15 grams in such country to determine reprogramming oppor16 tunities to increase assistance for vulnerable populations: 

17 Provided further, That funds made available pursuant to 

18 this section shall be transferred to, and merged with, the 

19 following accounts: 

20 (1) Not less than $12,000,000 for the ‘‘Develop21 ment Credit Authority’’, for the cost of direct loans 

22 and loan guarantees notwithstanding the dollar limi23 tations in such account on transfers to the account 

24 and the principal amount of loans made or guaran25 teed with respect to any single country or borrower: 

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1 Provided, That such transferred funds may be made 

2 available to subsidize total loan principal, any por3 tion of which is to be guaranteed, of up to 

4 $3,300,000,000: Provided further, That the authority 

5 provided in this subsection is in addition to authority 

6 provided under the heading ‘‘Development Credit Au7 thority’’ in Public Law 111–8: Provided further, That 

8 and up to $1,500,000 may be made available for ad9 ministrative expenses to carry out credit programs 

10 administered by the United States Agency for Inter11 national Development; and 

12 (2) Not more than $20,000,000 for the ‘‘Overseas 

13 Private Investment Corporation Program Account’’, 

14 notwithstanding section 708(b) of Public Law 111–8: 

15 Provided, That such funds shall not be available for 

16 administrative expenses of the Overseas Private In17 vestment Corporation. 

18 (b) REPROGRAMMING AUTHORITY.—Notwithstanding 

19 any other provision of law and in addition to funds other20 wise available for such purposes, funds appropriated under 

21 the heading ‘‘Millennium Challenge Corporation’’ (MCC) in 

22 prior Acts making appropriations for the Department of 

23 State, foreign operations, export financing, and related pro24 grams may be transferred to, and merged with, funds apmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 propriated under the heading ‘‘Economic Support Fund’’ 

2 that are made available pursuant to this section. 

3 (1) The authority contained in subsection (b) 

4 may only be exercised for a country that has signed 

5 a compact with the MCC or has been designated by 

6 the MCC as a threshold country, and such a re7 programming of funds should be made, if practicable, 

8 prior to making available additional assistance for 

9 such purposes. 

10 (2) The MCC shall consult with the Committees 

11 on Appropriations prior to exercising the authority of 

12 this subsection. 

13 IRAQ

14 SEC. 1106. (a) IN GENERAL.—Funds appropriated in 

15 this title that are available for assistance for Iraq shall be 

16 made available, to the maximum extent practicable, in a 

17 manner that utilizes Iraqi entities. 

18 (b) MATCHING REQUIREMENT.—Funds appropriated 

19 in this title for assistance for Iraq shall be made available 

20 in accordance with the Department of State’s April 9, 2009, 

21 ‘‘Guidelines for Government of Iraq Financial Participa22 tion in United States Government-Funded Civilian Foreign 

23 Assistance Programs and Projects’’. 

24 (c) OTHER ASSISTANCE.—Of the funds appropriated 

25 in this title under the heading ‘‘Economic Support Fund’’, 

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1 not less than $20,000,000 shall be made available for tar2 geted development programs and activities in areas of con3 flict in Iraq, and the responsibility for policy decisions and 

4 justifications for the use of such funds shall be the responsi5 bility of the United States Chief of Mission in Iraq. 

6 PROHIBITION ON ASSISTANCE FOR HAMAS

7 SEC. 1107. (a) None of the funds appropriated in this 

8 title may be made available for assistance to Hamas, or 

9 any entity effectively controlled by Hamas or any power10 sharing government of which Hamas is a member. 

11 (b) Notwithstanding the limitation of subsection (a), 

12 assistance may be provided to a power-sharing government 

13 only if the President certifies and reports to the Committees 

14 on Appropriations that such government, including all of 

15 its ministers or such equivalent, has publicly accepted and 

16 is complying with the principles contained in section 

17 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 

18 1961, as amended. 

19 (c) The President may exercise the authority in section 

20 620K(e) of the Foreign Assistance Act as added by the Pal21 estinian Anti-Terrorism Act of 2006 (Public Law 109–446) 

22 with respect to this subsection. 

23 (d) Whenever the certification pursuant to subsection 

24 (b) is exercised, the Secretary of State shall submit a report 

25 to the Committees on Appropriations within 120 days of 

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1 the certification and every quarter thereafter on whether 

2 such government, including all of its ministers or such 

3 equivalent, are continuing to comply with the principles 

4 contained in section 620K(b)(1)(A) and (B). The report 

5 shall also detail the amount, purposes and delivery mecha6 nisms for any assistance provided pursuant to the 

7 abovementioned certification and a full accounting of any 

8 direct support of such government. 

9 MEXICO

10 SEC. 1108. (a) Not later than 60 days after enactment 

11 of this Act, the Secretary of State shall submit a report to 

12 the Committees on Appropriations detailing actions taken 

13 by the Government of Mexico since June 30, 2008, to inves14 tigate and prosecute violations of internationally recognized 

15 human rights by members of the Mexican Federal police 

16 and military forces, and to support a thorough, inde17 pendent, and credible investigation of the murder of Amer18 ican citizen Bradley Roland Will. 

19 (b) None of the funds appropriated in this title may 

20 be made available for the cost of fuel for helicopters provided 

21 to Mexico, or for logistical support, including operations 

22 and maintenance, of aircraft purchased by the Government 

23 of Mexico. 

24 (c) In order to enhance border security and coopera25 tion in law enforcement efforts between Mexico and the 

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1 United States, funds appropriated in this title that are 

2 available for assistance for Mexico may be made available 

3 for the procurement of law enforcement communications 

4 equipment only if such equipment utilizes open standards 

5 and is compatible with, and capable of operating with, 

6 radio communications systems and related equipment uti7 lized by Federal law enforcement agencies in the United 

8 States to enhance border security and cooperation in law 

9 enforcement efforts between Mexico and the United States. 

10 MULTILATERAL DEVELOPMENT BANK REPLENISHMENTS

11 SEC. 1109. (a) INTERNATIONAL DEVELOPMENT ASSO12 CIATION.—The International Development Association Act 

13 (22 U.S.C. 284 et seq.) is amended by adding at the end 

14 thereof the following: 

15 ‘‘SEC. 24. FIFTEENTH REPLENISHMENT. 

16 ‘‘(a) The United States Governor of the International 

17 Development Association is authorized to contribute on be18 half of the United States $3,705,000,000 to the fifteenth re19 plenishment of the resources of the Association, subject to 

20 obtaining the necessary appropriations. 

21 ‘‘(b) In order to pay for the United States contribution 

22 provided for in subsection (a), there are authorized to be 

23 appropriated, without fiscal year limitation, 

24 $3,705,000,000 for payment by the Secretary of the Treas25 ury. 

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1 ‘‘SEC. 25. MULTILATERAL DEBT RELIEF. 

2 ‘‘(a) The Secretary of the Treasury is authorized to 

3 contribute, on behalf of the United States, not more than 

4 $356,000,000 to the International Development Association 

5 for the purpose of funding debt relief under the Multilateral 

6 Debt Relief Initiative in the period governed by the fifteenth 

7 replenishment of resources of the International Development 

8 Association, subject to obtaining the necessary appropria9 tions and without prejudice to any funding arrangements 

10 in existence on the date of the enactment of this section. 

11 ‘‘(b) In order to pay for the United States contribution 

12 provided for in subsection (a), there are authorized to be 

13 appropriated, without fiscal year limitation, not more than 

14 $356,000,000 for payment by the Secretary of the Treasury. 

15 ‘‘(c) In this section, the term ‘Multilateral Debt Relief 

16 Initiative’ means the proposal set out in the G8 Finance 

17 Ministers’ Communique entitled ‘Conclusions on Develop18 ment,’ done at London, June 11, 2005, and reaffirmed by 

19 G8 Heads of State at the Gleneagles Summit on July 8, 

20 2005.’’. 

21 (b) AFRICAN DEVELOPMENT FUND.—The African De22 velopment Fund Act (22 U.S.C. 290 et seq.) is amended 

23 by adding at the end thereof the following: 

24 ‘‘SEC. 219. ELEVENTH REPLENISHMENT. 

25 ‘‘(a) The United States Governor of the Fund is au26 thorized to contribute on behalf of the United States 

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1 $468,165,000 to the eleventh replenishment of the resources 

2 of the Fund, subject to obtaining the necessary appropria3 tions. 

4 ‘‘(b) In order to pay for the United States contribution 

5 provided for in subsection (a), there are authorized to be 

6 appropriated, without fiscal year limitation, $468,165,000 

7 for payment by the Secretary of the Treasury. 

8 ‘‘SEC. 220. MULTILATERAL DEBT RELIEF INITIATIVE. 

9 ‘‘(a) The Secretary of the Treasury is authorized to 

10 contribute, on behalf of the United States, not more than 

11 $26,000,000 to the African Development Fund for the pur12 pose of funding debt relief under the Multilateral Debt Re13 lief Initiative in the period governed by the eleventh replen14 ishment of resources of the African Development Fund, sub15 ject to obtaining the necessary appropriations and without 

16 prejudice to any funding arrangements in existence on the 

17 date of the enactment of this section. 

18 ‘‘(b) In order to pay for the United States contribution 

19 provided for in subsection (a), there are authorized to be 

20 appropriated, without fiscal year limitation, not more than 

21 $26,000,000 for payment by the Secretary of the Treas22 ury.’’. 

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1 PROMOTION OF POLICY GOALS AT THE WORLD BANK GROUP

2 SEC. 1110. Title XVI of the International Financial 

3 Institutions Act (22 U.S.C. 262p et seq.) is amended by 

4 adding at the end thereof the following: 

5 ‘‘SEC. 1626. REFORM OF THE ‘DOING BUSINESS’ REPORT OF 

6 THE WORLD BANK. 

7 ‘‘(a) The Secretary of the Treasury shall instruct the 

8 United States Executive Directors at the International 

9 Bank for Reconstruction and Development, the Inter10 national Development Association, and the International 

11 Finance Corporation of the following United States policy 

12 goals, and to use the voice and vote of the United States 

13 to actively promote and work to achieve these goals: 

14 ‘‘(1) Suspension of the use of the ‘Employing 

15 Workers’ Indicator for the purpose of ranking or scor16 ing country performance in the annual Doing Busi17 ness Report of the World Bank until a set of indica18 tors can be devised that fairly represent the value of 

19 internationally recognized workers’ rights, including 

20 core labor standards, in creating a stable and favor21 able environment for attracting private investment. 

22 The indicators shall bring to bear the experiences of 

23 the member governments in dealing with the eco24 nomic, social and political complexity of labor market 

25 issues. The indicators should be developed through colmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 laborative discussions with and between the World 

2 Bank, the International Finance Corporation, the 

3 International Labor Organization, private companies, 

4 and labor unions. 

5 ‘‘(2) Elimination of the ‘Labor Tax and Social 

6 Contributions’ Subindicator from the annual Doing 

7 Business Report of the World Bank. 

8 ‘‘(3) Removal of the ‘Employing Workers’ Indi9 cator as a ‘guidepost’ for calculating the annual 

10 Country Policy and Institutional Assessment score for 

11 each recipient country. 

12 ‘‘(b) Within 60 days after the date of the enactment 

13 of this section, the Secretary of the Treasury shall provide 

14 an instruction to the United States Executive Directors re15 ferred to in subsection (a) to take appropriate actions with 

16 respect to implementing the policy goals of the United 

17 States set forth in subsection (a), and such instruction shall 

18 be posted on the website of the Department of the Treasury. 

19 ‘‘SEC. 1627. ENHANCING THE TRANSPARENCY AND EFFEC20 TIVENESS OF THE INSPECTION PANEL PROC21 ESS OF THE WORLD BANK. 

22 ‘‘(a) ENHANCING TRANSPARENCY IN IMPLEMENTATION

23 OF MANAGEMENT ACTION PLANS.—The Secretary of the 

24 Treasury shall direct the United States Executive Directors 

25 at the World Bank to seek to ensure that World Bank Procemstockstill@gpo.gov on PROD1PC66 with BILLS

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1 dure 17.55, which establishes the operating procedures of 

2 Management with regard to the Inspection Panel, provides 

3 that Management prepare and make available to the public 

4 semiannual progress reports describing implementation of 

5 Action Plans considered by the Board; allow and receive 

6 comments from Requesters and other Affected Parties for 

7 two months after the date of disclosure of the progress re8 ports; post these comments on World Bank and Inspection 

9 Panel websites (after receiving permission from the reques10 tors to post with or without attribution); submit the reports 

11 to the Board with any comments received; and make public 

12 the substance of any actions taken by the Board after Board 

13 consideration of the reports. 

14 ‘‘(b) SAFEGUARDING THE INDEPENDENCE AND EFFEC15 TIVENESS OF THE INSPECTION PANEL.—The Secretary of 

16 the Treasury shall direct the United States Executive Direc17 tors at the World Bank to continue to promote the inde18 pendence and effectiveness of the Inspection Panel, includ19 ing by seeking to ensure the availability of, and access by 

20 claimants to, the Inspection Panel for projects supported 

21 by World Bank resources. 

22 ‘‘(c) EVALUATION OF COUNTRY SYSTEMS.—The Sec23 retary of the Treasury shall direct the United States Execu24 tive Directors at the World Bank to request an evaluation 

25 by the Independent Evaluation Group on the use of country 

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1 environmental and social safeguard systems to determine 

2 the degree to which, in practice, the use of such systems 

3 provides the same level of protection at the project level as 

4 do the policies and procedures of the World Bank. 

5 ‘‘(d) WORLD BANK DEFINED.—In this section, the 

6 term ‘World Bank’ means the International Bank for Re7 construction and Development and the International Devel8 opment Association.’’. 

9 CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS

10 ACCOUNTING

11 SEC. 1111. Title XIII of the International Financial 

12 Institutions Act (22 U.S.C. 262m et seq.) is amended by 

13 adding at the end thereof the following: 

14 ‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND GREEN15 HOUSE GAS ACCOUNTING. 

16 ‘‘(a) USE OF GREENHOUSE GAS ACCOUNTING.—The 

17 Secretary of the Treasury shall seek to ensure that multilat18 eral development banks (as defined in section 1701(c)(4) of 

19 this Act) adopt and implement greenhouse gas accounting 

20 in analyzing the benefits and costs of individual projects 

21 (excluding those with de minimus greenhouse gas emissions) 

22 for which funding is sought from the bank. 

23 ‘‘(b) EXPANSION OF CLIMATE CHANGE MITIGATION

24 ACTIVITIES.—The Secretary of the Treasury shall work to 

25 ensure that the multilateral development banks (as defined 

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1 in section 1701(c)(4)) expand their activities supporting 

2 climate change mitigation by— 

3 ‘‘(1) significantly expanding support for invest4 ments in energy efficiency and renewable energy, in5 cluding zero carbon technologies; 

6 ‘‘(2) reviewing all proposed infrastructure invest7 ments to ensure that all opportunities for integrating 

8 energy efficiency measures have been considered; 

9 ‘‘(3) increasing the dialogue with the govern10 ments of developing countries regarding— 

11 ‘‘(A) analysis and policy measures needed 

12 for low carbon emission economic development; 

13 and 

14 ‘‘(B) reforms needed to promote private sec15 tor investments in energy efficiency and renew16 able energy, including zero carbon technologies; 

17 and 

18 ‘‘(4) integrate low carbon emission economic de19 velopment objectives into multilateral development 

20 bank country strategies. 

21 ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 

22 after the date of the enactment of this section, and annually 

23 thereafter, the Secretary of the Treasury shall submit a re24 port on the status of efforts to implement this section to 

25 the Committee on Foreign Relations and the Committee on 

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1 Appropriations of the Senate and the Committee on Finan2 cial Services and the Committee on Appropriations of the 

3 House of Representatives.’’. 

4 MULTILATERAL DEVELOPMENT BANK REFORM

5 SEC. 1112. (a) BUDGET DISCLOSURE.—The Secretary 

6 of the Treasury shall seek to ensure that the multilateral 

7 development banks make timely, public disclosure of their 

8 operating budgets including expenses for staff, consultants, 

9 travel and facilities. 

10 (b) EVALUATION.—The Secretary of the Treasury shall 

11 seek to ensure that multilateral development banks rigor12 ously evaluate the development impact of selected bank 

13 projects, programs, and financing operations, and empha14 size use of random assignment in conducting such evalua15 tions, where appropriate and to the extent feasible. 

16 (c) EXTRACTIVE INDUSTRIES.—The Secretary of the 

17 Treasury shall direct the United States Executive Directors 

18 at the multilateral development banks to promote the en19 dorsement of the Extractive Industry Transparency Initia20 tive (EITI) by these institutions and the integration of the 

21 principles of the EITI into extractive industry-related 

22 projects that are funded by the multilateral development 

23 banks. 

24 (d) REPORT.—Not later than September 30, 2009, the 

25 Secretary of the Treasury shall submit a report to the Commstockstill@gpo.gov on PROD1PC66 with BILLS

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1 mittee on Appropriations and the Committee on Foreign 

2 Relations of the Senate, and the Committee on Appropria3 tions and the Committee on Foreign Affairs of the House, 

4 detailing actions taken by the multilateral development 

5 banks to achieve the objectives of this section. 

6 (e) COORDINATION OF DEVELOPMENT POLICY.—The 

7 Secretary of the Treasury shall coordinate the formulation 

8 and implementation of United States policy relating to the 

9 development activities of the World Bank Group with the 

10 Secretary of State, the Administrator of the United States 

11 Agency for International Development, and other Federal 

12 agencies, as appropriate. 

13 OVERSEAS COMPARABILITY PAY ADJUSTMENT

14 SEC. 1113. (a) Subject to such regulations prescribed 

15 by the Secretary of State, including with respect to phase16 in schedule and treatment as basic pay, and notwith17 standing any other provision of law, funds appropriated 

18 for this fiscal year in this or any other Act may be used 

19 to pay an eligible member of the Foreign Service as defined 

20 in subsection (b) of this section a locality-based com21 parability payment (stated as a percentage) up to the 

22 amount of the locality-based comparability payment (stated 

23 as a percentage) that would be payable to such member 

24 under section 5304 of title 5, United States Code if such 

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1 member’s official duty station were in the District of Co2 lumbia. 

3 (b) A member of the Service shall be eligible for a pay4 ment under this section only if the member is designated 

5 class 1 or below for purposes of section 403 of the Foreign 

6 Service Act of 1980 (22 U.S.C. 3963) and the member’s offi7 cial duty station is not in the continental United States 

8 or in a non-foreign area, as defined in section 591.205 of 

9 title 5, Code of Federal Regulations. 

10 (c) The amount of any locality-based comparability 

11 payment that is paid to a member of the Foreign Service 

12 under this section shall be subject to any limitations on pay 

13 applicable to locality-based comparability payments under 

14 section 5304 of title 5, United States Code. 

15 ASSESSMENT ON AFGHANISTAN AND PAKISTAN

16 SEC. 1114. (a) FINDING.—The Congress supports eco17 nomic and security assistance for Afghanistan and Paki18 stan, but long-term stability and security in those countries 

19 is tied more to the capacity and conduct of the Afghan and 

20 Pakistani governments and the resolve of both societies for 

21 peace and stability, to include combating extremist net22 works, than it is to the policies of the United States. 

23 (b) REPORT.—The President shall submit a report to 

24 the appropriate congressional committees, not later than 90 

25 days after the date of enactment of this Act and every 6 

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1 months thereafter until September 30, 2010, in classified 

2 form if necessary, assessing the extent to which the Afghan 

3 and Pakistani governments are demonstrating the necessary 

4 commitment, capability, conduct and unity of purpose to 

5 warrant the continuation of the President’s policy an6 nounced on March 27, 2009, to include: 

7 (1) The level of political consensus and unity of 

8 purpose across ethnic, tribal, religious and political 

9 party affiliations to confront the political and secu10 rity challenges facing the region; 

11 (2) The level of official corruption that under12 mines such political consensus and unity of purpose, 

13 and actions taken to eliminate it; 

14 (3) The actions taken by the respective security 

15 forces and appropriate government entities in devel16 oping a counterinsurgency capability, conducting 

17 counterinsurgency operations, and establishing secu18 rity and governance on the ground; 

19 (4) The actions taken by the respective intel20 ligence agencies in cooperating with the United States 

21 on counterinsurgency and counterterrorism operations 

22 and in terminating policies and programs, and re23 moving personnel, that provide material support to 

24 extremist networks that target United States troops or 

25 undermine United States objectives in the region; 

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1 (5) The ability of the Afghan and Pakistani gov2 ernments to effectively control and govern the terri3 tory within their respective borders; and 

4 (6) The ways in which United States Govern5 ment assistance contributed, or failed to contribute, to 

6 achieving the goals outlined above. 

7 (c) POLICY ASSESSMENT.—The President, on the basis 

8 of information gathered and coordinated by the National 

9 Security Council, shall advise the Congress on how such as10 sessment requires, or does not require, changes to such pol11 icy. 

12 (d) DEFINITION.—For purposes of this section, ‘‘ap13 propriate congressional committees’’ means the Committees 

14 on Appropriations, Foreign Relations and Armed Services 

15 of the Senate, and the Committees on Appropriations, For16 eign Affairs and Armed Services of the House of Represent17 atives. 

18 ASSISTANCE FOR PAKISTAN

19 SEC. 1115. (a) FINDINGS.— 

20 (1) The United States and the international 

21 community have welcomed and supported Pakistan’s 

22 return to civilian rule since the democratic elections 

23 of February 18, 2008; 

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1 (2) Since 2001, the United States has provided 

2 more than $12,000,000,000 in economic and security 

3 assistance to Pakistan; 

4 (3) Afghanistan and Pakistan are facing grave 

5 threats to their internal security from a growing in6 surgency fueled by al Qaeda, the Taliban and other 

7 violent extremist groups operating in areas along the 

8 Afghanistan-Pakistan border; and 

9 (4) The United States is committed to sup10 porting vigorous efforts by the Government of Paki11 stan to secure Pakistan’s western border and counter 

12 violent extremism, expand government services, sup13 port economic development, combat corruption and 

14 uphold the rule of law in such areas. 

15 (b) REPORT.—Not later than 90 days after enactment 

16 of this Act, the Secretary of State shall submit a report, 

17 in classified form if necessary, to the Committees on Appro18 priations detailing— 

19 (1) a spending plan for the proposed uses of 

20 funds appropriated in this title under the headings 

21 ‘‘Economic Support Fund’’ and ‘‘International Nar22 cotics Control and Law Enforcement’’ that are avail23 able for assistance for Pakistan including amounts, 

24 the purposes for which funds are to be made available, 

25 and intended results; 

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1 (2) the actions to be taken by the United States 

2 and the Government of Pakistan relating to such as3 sistance; 

4 (3) the metrics for measuring progress in achiev5 ing such results; and 

6 (4) the mechanisms for monitoring such funds. 

7 SPECIAL AUTHORITY

8 SEC. 1116. (a) Notwithstanding any other provision 

9 of law, funds appropriated under the headings ‘‘Global 

10 HIV/AIDS Initiative’’ or ‘‘Global Health and Child Sur11 vival’’ in prior Acts making appropriations for the Depart12 ment of State, foreign operations, export financing and re13 lated programs for assistance for Kenya to carry out the 

14 President’s Emergency Plan for AIDS Relief may be trans15 ferred to, and merged with, funds made available under the 

16 heading ‘‘Economic Support Fund’’ to respond to insta17 bility in Kenya arising from conflict or civil strife. 

18 (b) The Secretary of State shall consult with the Com19 mittees on Appropriations prior to exercising the authority 

20 of this section. 

21 SPENDING PLAN AND NOTIFICATION PROCEDURES

22 SEC. 1117. (a) SPENDING PLAN.—Not later than 45 

23 days after the enactment of this Act, the Secretary of State, 

24 in consultation with the Administrator of the United States 

25 Agency for International Development, shall submit to the 

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1 Committees on Appropriations a report detailing planned 

2 expenditures for funds appropriated in this title, except for 

3 funds appropriated under the headings ‘‘International Dis4 aster Assistance’’ and ‘‘Migration and Refugee Assistance’’. 

5 (b) NOTIFICATION.—Funds appropriated in this title, 

6 with the exception of funds appropriated under the headings 

7 ‘‘International Disaster Assistance’’ and ‘‘Migration and 

8 Refugee Assistance’’, shall be subject to the regular notifica9 tion procedures of the Committees on Appropriations and 

10 section 634A of the Foreign Assistance Act of 1961. 

11 TECHNICAL PROVISIONS

12 SEC. 1118. (a) MODIFICATIONS.—The funding limita13 tion in section 7046(a) of Public Law 111–8 shall not apply 

14 to funds made available for assistance for Colombia through 

15 the United States Agency for International Development’s 

16 Office of Transition Initiatives: Provided, That title III of 

17 division H of Public Law 111–8 is amended under the 

18 heading ‘‘Economic Support Fund’’ in the second proviso 

19 by striking ‘‘up to $20,000,000’’ and inserting ‘‘not less 

20 than $20,000,000’’. 

21 (b) NOTIFICATION REQUIREMENT.—Funds appro22 priated by this Act that are transferred to the Department 

23 of State or the United States Agency for International De24 velopment shall be subject to the regular notification procemstockstill@gpo.gov on PROD1PC66 with BILLS

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1 dures of the Committees on Appropriations, notwith2 standing any other provision of law. 

3 (c) AUTHORITY.—Funds appropriated in this title, 

4 and subsequent and prior acts appropriating funds for De5 partment of State, Foreign Operations, and Related Pro6 grams and under the heading ‘‘Public Law 480 Title II 

7 Grants’’ in this, subsequent, and prior Acts appropriating 

8 funds for Agriculture, Rural Development, Food and Drug 

9 Administration, and Related Agencies, shall be made avail10 able notwithstanding the requirements of and amendments 

11 made by section 3511 of Public Law 110–417. 

12 (d) REEMPLOYMENT OF ANNUITANTS.— 

13 (1) Section 824 of the Foreign Service Act of 

14 1980 (22 U.S.C. 4064) is amended in subsection 

15 (g)(1)(B) by inserting ‘‘, Pakistan,’’ after ‘‘Iraq’’ each 

16 place it appears; by inserting ‘‘to positions in the Re17 sponse Readiness Corps,’’ before ‘‘or to posts vacated’’; 

18 and, in subsection (g)(2) by striking ‘‘2009’’ and in19 serting instead ‘‘2012’’. 

20 (2) Section 61 of the State Department Basic 

21 Authorities Act of 1956 (22 U.S.C. 2733) is amended 

22 in subsection (a)(1) by adding ‘‘, Pakistan,’’ after 

23 ‘‘Iraq’’ each place it appears; by inserting ‘‘, to posi24 tions in the Response Readiness Corps,’’ before ‘‘or to 

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1 posts vacated’’; and, in subsection (a)(2) by striking 

2 ‘‘2008’’ and inserting instead ‘‘2012’’. 

3 (3) Section 625 of the Foreign Assistance Act of 

4 1961 (22 U.S.C. 2385) is amended in subsection 

5 (j)(1)(A) by adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ each 

6 place it appears; by inserting ‘‘, to positions in the 

7 Response Readiness Corps,’’ before ‘‘or to posts va8 cated’’; and, in subsection (J)(1)(B) by striking 

9 ‘‘2008’’ and inserting instead ‘‘2012’’. 

10 (e) INCENTIVES FOR CRITICAL POSTS.—Notwith11 standing sections 5753(a)(2)(A) and 5754(a)(2)(A) of title 

12 5, United States Code, appropriations made available by 

13 this or any other Act may be used to pay recruitment, relo14 cation, and retention bonuses under chapter 57 of title 5, 

15 United States Code to members of the Foreign Service, other 

16 than chiefs of mission and ambassadors at large, who are 

17 on official duty in Iraq, Afghanistan, or Pakistan. This au18 thority shall terminate on October 1, 2012. 

19 (f) Of the funds appropriated under the heading ‘‘For20 eign Military Financing Program’’ in Public Law 110–161 

21 that are available for assistance for Colombia, $500,000 

22 may be transferred to, and merged with, funds appro23 priated under the heading ‘‘International Narcotics Control 

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1 tion assistance for members of Colombian security forces 

2 who have suffered severe injuries. 

3 TERMS AND CONDITIONS

4 SEC. 1119. Unless otherwise provided for in this Act, 

5 funds appropriated or otherwise made available in this title 

6 shall be available under the authorities and conditions pro7 vided in the Department of State, Foreign Operations, and 

8 Related Programs Appropriations Act, 2009 (division H of 

9 Public Law 111–8), except that sections 7042(a) and (c) 

10 and 7070(e)(2) of such Act shall not apply to such funds. 

11 OVERSEAS DEPLOYMENTS

12 SEC. 1120. Each amount in this title is designated as 

13 being for overseas deployments and other activities pursu14 ant to sections 401(c)(4) and 423(a) of S. Con. Res. 13 

15 (111th Congress), the concurrent resolution on the budget 

16 for fiscal year 2010. 

17 AFGHANISTAN AND PAKISTAN POLICY

18 SEC. 1121. (a) OBJECTIVES FOR AFGHANISTAN AND

19 PAKISTAN.—Not later than 60 days after the date of the 

20 enactment of this Act, the President shall develop and sub21 mit to the appropriate committees of Congress the following: 

22 (1) A clear statement of the objectives of United 

23 States policy with respect to Afghanistan and Paki24 stan. 

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1 (2) Metrics to be utilized to assess progress to2 ward achieving the objectives developed under para3 graph (1). 

4 (b) REPORTS.— 

5 (1) IN GENERAL.—Not later than March 30, 

6 2010 and every 120 days thereafter until September 

7 30, 2011, the President, in consultation with Coali8 tion partners as appropriate, shall submit to the ap9 propriate committees of Congress a report setting 

10 forth the following: 

11 (A) A description and assessment of the 

12 progress of United States Government efforts, in13 cluding those of the Department of Defense, the 

14 Department of State, the United States Agency 

15 for International Development, and the Depart16 ment of Justice, in achieving the objectives for 

17 Afghanistan and Pakistan developed under sub18 section (a)(1). 

19 (B) Any modification of the metrics devel20 oped under subsection (a)(2) in light of cir21 cumstances in Afghanistan or Pakistan, together 

22 with a justification for such modification. 

23 (C) Recommendations for the additional re24 sources or authorities, if any, required to achieve 

25 such objectives for Afghanistan and Pakistan. 

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1 (2) FORM.—Each report under this subsection 

2 may be submitted in classified or unclassified form. 

3 Any report submitted in classified form shall include 

4 an unclassified annex or summary of the matters con5 tained in the report. 

6 (3) APPROPRIATE COMMITTEES OF CONGRESS

7 DEFINED.—In this subsection, the term ‘‘appropriate 

8 committees of Congress’’ means— 

9 (A) the Committees on Armed Services, Ap10 propriations, Foreign Relations, Homeland Se11 curity and Governmental Affairs, and the Judi12 ciary and the Select Committee on Intelligence of 

13 the Senate; and 

14 (B) the Committees on Armed Services, Ap15 propriations, Foreign Affairs, Homeland Secu16 rity, and the Judiciary and the Permanent Se17 lect Committee on Intelligence of the House of 

18 Representatives. 

19 ADDITIONAL AMOUNT FOR ASSISTANCE FOR GEORGIA

20 SEC. 1122. The amount appropriated by this title 

21 under the heading ‘‘Assistance for Europe, Eurasia and 

22 Central Asia’’ may be increased by up to $42,500,000, with 

23 the amount of the increase to be available for assistance for 

24 Georgia. 

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1 TITLE XII 

2 DEPARTMENT OF TRANSPORTATION 

3 OFFICE OF THE SECRETARY

4 PAYMENTS TO AIR CARRIERS

5 (AIRPORT AND AIRWAY TRUST FUND)

6 In addition to funds made available under Public Law 

7 111–8 and funds authorized under subsection 41742(a)(1) 

8 of title 49, United States Code, to carry out the essential 

9 air service program, to be derived from the Airport and Air10 way Trust Fund, $13,200,000, to remain available until 

11 expended. 

12 FEDERAL AVIATION ADMINISTRATION

13 GRANTS-IN-AID FOR AIRPORTS

14 (AIRPORT AND AIRWAY TRUST FUND)

15 (RESCISSION)

16 Of the amounts authorized under sections 48103 and 

17 48112 of title 49, United States Code, $13,200,000 are per18 manently rescinded from amounts authorized for the fiscal 

19 year ending September 30, 2008. 

20 GENERAL PROVISIONS—THIS TITLE 

21 SEC. 1201. Section 1937 of Public Law 109–59 (119 

22 Stat. 1144, 1510) is amended— 

23 (1) in paragraph (1) by striking ‘‘expenditures’’ 

24 each place that it appears and inserting ‘‘alloca25 tions’’; and 

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1 (2) in paragraph (2) by striking ‘‘expenditure’’ 

2 and inserting ‘‘allocation’’. 

3 SEC. 1202. A recipient and subrecipient of funds ap4 propriated in Public Law 111–5 and apportioned pursuant 

5 to section 5311 and section 5336 (other than subsection 

6 (i)(1) and (j)) of title 49, United States Code, may use up 

7 to 10 percent of the amount apportioned for the operating 

8 costs of equipment and facilities for use in public transpor9 tation: Provided, That a grant obligating such funds prior 

10 to the date of the enactment of this Act may be amended 

11 to allow a recipient and subrecipient to use the funds made 

12 available for operating assistance: Provided further, That 

13 such funds are designated as an emergency requirement 

14 pursuant to section 403 of S. Con. Res. 13 (111th Congress), 

15 the concurrent resolution on the budget for fiscal year 2010. 

16 SEC. 1203. Public Law 110–329, under the heading 

17 ‘‘Project-Based Rental Assistance’’, is amended by striking 

18 ‘‘project-based vouchers’’ and all that follows up to the pe19 riod and inserting ‘‘activities and assistance for the provi20 sion of tenant-based rental assistance, including related ad21 ministrative expenses, as authorized under the United 

22 States Housing Act of 1937, as amended (42 U.S.C. 1437 

23 et seq.), $80,000,000, to remain available until expended: 

24 Provided, That such funds shall be made available within 

25 60 days of the enactment of this Act: Provided further, That 

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1 in carrying out the activities authorized under this heading, 

2 the Secretary shall waive section (o)(13)(B) of the United 

3 States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))’’: 

4 Provided, That such additional funds are designated as an 

5 emergency requirement pursuant to section 403 of S. Con. 

6 Res. 13 (111th Congress), the concurrent resolution on the 

7 budget for fiscal year 2010. 

8 SEC. 1204. Public Law 111–5 is amended by striking 

9 the second proviso under the heading ‘‘HOME Investment 

10 Partnerships Program’’ and inserting ‘‘Provided further, 

11 That the housing credit agencies in each State shall dis12 tribute these funds competitively under this heading and 

13 pursuant to their qualified allocation plan (as defined in 

14 section 42(m) of the Internal Revenue Code of 1986) to own15 ers of projects who have received or receive simultaneously 

16 an award of low-income housing tax credits under sections 

17 42(h) and 1400N of the Internal Revenue Code of 1986:’’. 

18 TITLE XIII 

19 OTHER MATTERS 

20 INTERNATIONAL ASSISTANCE PROGRAMS 

21 INTERNATIONAL MONETARY PROGRAMS 

22 UNITED STATES QUOTA, INTERNATIONAL MONETARY

23 FUND

24 For an increase in the United States quota in the 

25 International Monetary Fund, the dollar equivalent of 

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1 4,973,100,000 Special Drawing Rights, to remain available 

2 until expended: Provided, That the cost of the amounts pro3 vided herein shall be determined as provided under the Fed4 eral Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): Pro5 vided further, That for purposes of section 502(5) of the 

6 Federal Credit Reform Act of 1990, the discount rate in 

7 section 502(5)(E) shall be adjusted for market risks: Pro8 vided further, That section 504(b) of the Federal Credit Re9 form Act of 1990 (2 U.S.C. 661c(b)) shall not apply. 

10 LOANS TO INTERNATIONAL MONETARY FUND

11 For loans to the International Monetary Fund under 

12 section 17(a)(ii) and (b)(ii) of the Bretton Woods Agree13 ments Act (Public Law 87–490, 22 U.S.C. 286e–2), as 

14 amended by this Act pursuant to the New Arrangements 

15 to Borrow, the dollar equivalent of up to 75,000,000,000 

16 Special Drawing Rights, to remain available until ex17 pended, in addition to any amounts previously appro18 priated under section 17 of such Act: Provided, That if the 

19 United States agrees to an expansion of its credit arrange20 ment in an amount less than the dollar equivalent of 

21 75,000,000,000 Special Drawing Rights, any amount over 

22 the United States’ agreement shall not be available until 

23 further appropriated: Provided further, That the cost of the 

24 amounts provided herein shall be determined as provided 

25 under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 

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1 et. seq.): Provided further, That for purposes of section 

2 502(5) of the Federal Credit Reform Act of 1990, the dis3 count rate in section 502(5)(E) shall be adjusted for market 

4 risks: Provided further, That section 504(b) of the Federal 

5 Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not 

6 apply. 

7 GENERAL PROVISIONS—INTERNATIONAL 

8 ASSISTANCE PROGRAMS 

9 SEC. 1301. Section 17 of the Bretton Woods Agree10 ments Act (22 U.S.C. 286e–2) is amended— 

11 (1) in subsection (a)— 

12 (A) by inserting ‘‘(1)’’ before ‘‘In order to’’; 

13 and 

14 (B) by adding at the end the following: 

15 ‘‘(2) In order to carry out the purposes of a one16 time decision of the Executive Directors of the Inter17 national Monetary Fund (the Fund) to expand the re18 sources of the New Arrangements to Borrow, estab19 lished pursuant to the decision of January 27, 1997 

20 referred to in paragraph (1) above, and to make other 

21 amendments to the New Arrangements to Borrow to 

22 achieve an expanded and more flexible New Arrange23 ments to Borrow as contemplated by paragraph 17 of 

24 the G–20 Leaders’ Statement of April 2, 2009 in Lon25 don, the Secretary of the Treasury is authorized to inmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 struct the United States Executive Director to consent 

2 to such amendments notwithstanding subsection (d) of 

3 this section, and to make loans, in an amount not to 

4 exceed the dollar equivalent of 75,000,000,000 Special 

5 Drawing Rights, in addition to any amounts pre6 viously authorized under this section and limited to 

7 such amounts as are provided in advance in appro8 priations Acts, except that prior to activation, the 

9 Secretary of the Treasury shall report to Congress on 

10 whether supplementary resources are needed to fore11 stall or cope with an impairment of the international 

12 monetary system and whether the Fund has fully ex13 plored other means of funding, to the Fund under ar14 ticle VII, section 1(i), of the Articles of Agreement of 

15 the Fund: Provided, That prior to instructing the 

16 United States Executive Director to provide consent 

17 to such amendments, the Secretary of the Treasury 

18 shall consult with the Committee on Foreign Rela19 tions and the Committee on Banking, Housing, and 

20 Urban Affairs of the Senate and the Committee on 

21 Financial Services of the House of Representatives on 

22 the amendments to be made to the New Arrangements 

23 to Borrow, including guidelines and criteria gov24 erning the use of its resources; the countries that have 

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1 ments to Borrow and the amount of such commit2 ments; and the steps taken by the United States to ex3 pand the number of countries so the United States 

4 share of the expanded New Arrangements to Borrow 

5 is representative of its share as of the date of enact6 ment of this Act: Provided further, That any loan 

7 under the authority granted in this subsection shall be 

8 made with due regard to the present and prospective 

9 balance of payments and reserve position of the 

10 United States.’’. 

11 and 

12 (2) in subsection (b)— 

13 (A) by inserting ‘‘(1)’’ before ‘‘For the pur14 pose of’’; 

15 (B) by inserting ‘‘subsection (a)(1) of’’ after 

16 ‘‘pursuant to’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(2) For the purpose of making loans to the 

19 International Monetary Fund pursuant to subsection 

20 (a)(2) of this section, there is hereby authorized to be 

21 appropriated not to exceed the dollar equivalent of 

22 75,000,000,000 Special Drawing Rights, in addition 

23 to any amounts previously authorized under this sec24 tion, except that prior to activation, the Secretary of 

25 the Treasury shall report to Congress on whether supmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 plementary resources are needed to forestall or cope 

2 with an impairment of the international monetary 

3 system and whether the Fund has fully explored other 

4 means of funding, to remain available until expended 

5 to meet calls by the Fund. Any payments made to the 

6 United States by the Fund as a repayment on ac7 count of the principal of a loan made under this sec8 tion shall continue to be available for loans to the 

9 Fund.’’. 

10 SEC. 1302. The Bretton Woods Agreements Act (22 

11 U.S.C. 286 et seq.) is amended by adding at the end the 

12 following: 

13 ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES 

14 OF AGREEMENT OF THE FUND. 

15 ‘‘The United States Governor of the Fund may agree 

16 to and accept the amendments to the Articles of Agreement 

17 of the Fund as proposed in the resolutions numbered 63– 

18 2 and 63–3 of the Board of Governors of the Fund which 

19 were approved by such Board on April 28, 2008 and May 

20 5, 2008, respectively. 

21 ‘‘SEC. 65. QUOTA INCREASE. 

22 ‘‘(a) IN GENERAL.—The United States Governor of the 

23 Fund may consent to an increase in the quota of the United 

24 States in the Fund equivalent to 4,973,100,000 Special 

25 Drawing Rights. 

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1 ‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority 

2 provided by subsection (a) shall be effective only to such 

3 extent or in such amounts as are provided in advance in 

4 appropriations Acts. 

5 ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE 

6 FUND’S GOLD. 

7 ‘‘(a) The Secretary of the Treasury is authorized to 

8 instruct the United States Executive Director of the Fund 

9 to vote to approve the sale of up to 12,965,649 ounces of 

10 the Fund’s gold acquired since the second Amendment to 

11 the Fund’s Articles of Agreement, only if such sales are con12 sistent with the guidelines agreed to by the Executive Board 

13 of the Fund described in the Report of the Managing Direc14 tor to the International Monetary and Financial Committee 

15 on a New Income and Expenditure Framework for the 

16 International Monetary Fund (April 9, 2008) to prevent 

17 disruption to the world gold market: Provided, That at least 

18 30 days prior to any such vote, the Secretary shall consult 

19 with the Committee on Foreign Relations and the Com20 mittee on Banking, Housing, and Urban Affairs of the Sen21 ate and the Committee on Financial Services of the House 

22 of Representatives regarding the use of proceeds from the 

23 sale of such gold: Provided further, That the Secretary of 

24 the Treasury shall seek to ensure that: 

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1 ‘‘(1) the Fund will provide support to low-in2 come countries that are eligible for the Poverty Reduc3 tion and Growth Facility or other low-income lending 

4 from the Fund by making available Fund resources of 

5 not less than $4 billion; 

6 ‘‘(2) such Fund resources referenced above will be 

7 used to leverage additional support by a significant 

8 multiple to provide loans with substantial 

9 concessionality and debt service payment relief and/ 

10 or grants, as appropriate to a country’s cir11 cumstances: 

12 ‘‘(3) support provided through forgiveness of in13 terest on concessional loans will be provided for not 

14 less than two years; and 

15 ‘‘(4) the support provided to low-income coun16 tries occurs within six years, a substantial amount of 

17 which shall occur within the initial two years. 

18 ‘‘(b) In addition to agreeing to and accepting the 

19 amendments referred to in section 64 of this Act relating 

20 to the use of proceeds from the sale of such gold, the United 

21 States Governor is authorized, consistent with subsection 

22 (a), to take such actions as may be necessary, including 

23 those referred to in section 5(e) of this Act, to also use such 

24 proceeds for the purpose of assisting low-income countries. 

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1 ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES 

2 OF AGREEMENT OF THE FUND. 

3 ‘‘The United States Governor of the Fund may agree 

4 to and accept the amendment to the Articles of Agreement 

5 of the Fund as proposed in the resolution numbered 54– 

6 4 of the Board of Governors of the Fund which was ap7 proved by such Board on October 22, 1997: Provided, That 

8 not more than one year after the acceptance of such amend9 ments to the Fund’s Articles of Agreement, the Secretary 

10 of the Treasury shall submit a report to the Committee on 

11 Foreign Relations and the Committee on Banking, Hous12 ing, and Urban Affairs of the Senate and the Committee 

13 on Financial Services of the House of Representatives ana14 lyzing Special Drawing Rights, to include a discussion of 

15 how those countries that significantly use or acquire Special 

16 Drawing Rights in accordance with Article XIX, Section 

17 2(c), use or acquire them; the extent to which countries expe18 riencing balance of payment difficulties exchange or use 

19 their Special Drawing Rights to acquire reserve currencies; 

20 and the manner in which those reserve currencies are ac21 quired when utilizing Special Drawing Rights.’’. 

22 SEC. 1303. (a) Not later than 30 days after enactment 

23 of this Act, the Secretary of the Treasury, in consultation 

24 with the Executive Director of the World Bank and the Ex25 ecutive Board of the International Monetary Fund (IMF), 

26 shall submit a report to the appropriate congressional commstockstill@gpo.gov on PROD1PC66 with BILLS

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1 mittees detailing the steps taken to coordinate the activities 

2 of the World Bank and the IMF to avoid duplication of 

3 missions and programs, and steps taken by the Department 

4 of the Treasury and the IMF to increase the oversight and 

5 accountability of IMF activities. 

6 (b) For the purposes of this section, the ‘‘appropriate 

7 congressional committees’’ means the Committees on Appro8 priations, Banking, Housing, and Urban Affairs, and For9 eign Relations of the Senate, and the Committees on Appro10 priations, Foreign Affairs, and Ways and Means of the 

11 House of Representatives. 

12 (c) In the next report to Congress on international eco13 nomic and exchange rate policies, the Secretary of the 

14 Treasury shall: (1) report on ways in which the IMF’s sur15 veillance function under Article IV could be enhanced and 

16 made more effective in terms of avoiding currency manipu17 lation; (2) report on the feasibility and usefulness of pub18 lishing the IMF’s internal calculations of indicative ex19 change rates; and (3) provide recommendations on the steps 

20 that the IMF can take to promote global financial stability 

21 and conduct effective multilateral surveillance. 

22 (d) The Secretary of the Treasury shall instruct the 

23 United States Executive Director of the International Mon24 etary Fund to use the voice and vote of the United States 

25 to oppose any loan, project, agreement, memorandum, inmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 strument, plan, or other program of the Fund to a Heavily 

2 Indebted Poor Country that imposes budget caps or re3 straints that do not allow the maintenance of or an increase 

4 in governmental spending on health care or education; and 

5 to promote government spending on health care, education, 

6 food aid, or other critical safety net programs in all of the 

7 Fund’s activities with respect to Heavily Indebted Poor 

8 Countries. 

9 SEC. 1304. Each amount in this title is designated as 

10 being for overseas deployments and other activities pursu11 ant to sections 401(c)(4) and 423(a) of S. Con. Res. 13 

12 (111th Congress), the concurrent resolution on the budget 

13 for fiscal year 2010. 

14 DETAINEE PHOTOGRAPHIC RECORDS PROTECTION

15 SEC. 1305. (a) SHORT TITLE.—This section may be 

16 cited as the ‘‘Detainee Photographic Records Protection Act 

17 of 2009’’. 

18 (b) DEFINITIONS.—In this section: 

19 (1) COVERED RECORD.—The term ‘‘covered 

20 record’’ means any record— 

21 (A) that is a photograph that was taken be22 tween September 11, 2001 and January 22, 2009 

23 relating to the treatment of individuals engaged, 

24 captured, or detained after September 11, 2001, 

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1 by the Armed Forces of the United States in op2 erations outside of the United States; and 

3 (B) for which a certification by the Sec4 retary of Defense under subsection (c) is in effect. 

5 (2) PHOTOGRAPH.—The term ‘‘photograph’’ en6 compasses all photographic images, whether originals 

7 or copies, including still photographs, negatives, dig8 ital images, films, video tapes, and motion pictures. 

9 (c) CERTIFICATION.— 

10 (1) IN GENERAL.—For any photograph described 

11 under subsection (b)(1)(A), the Secretary of Defense 

12 shall certify, if the Secretary of Defense, in consulta13 tion with the Chairman of the Joint Chiefs of Staff, 

14 determines that the disclosure of that photograph 

15 would endanger— 

16 (A) citizens of the United States; or 

17 (B) members of the Armed Forces or em18 ployees of the United States Government de19 ployed outside the United States. 

20 (2) CERTIFICATION EXPIRATION.—A certification 

21 submitted under paragraph (1) and a renewal of a 

22 certification submitted under paragraph (3) shall ex23 pire 3 years after the date on which the certification 

24 or renewal, as the case may be, is submitted to the 

25 President. 

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1 (3) CERTIFICATION RENEWAL.—The Secretary of 

2 Defense may submit to the President— 

3 (A) a renewal of a certification in accord4 ance with paragraph (1) at any time; and 

5 (B) more than 1 renewal of a certification. 

6 (4) CERTIFICATION RENEWAL.—A timely notice 

7 of the Secretary’s certification shall be provided to 

8 Congress. 

9 (d) NONDISCLOSURE OF DETAINEE RECORDS.—A cov10 ered record shall not be subject to— 

11 (1) disclosure under section 552 of title 5, United 

12 States Code (commonly referred to as the Freedom of 

13 Information Act); or 

14 (2) disclosure under any proceeding under that 

15 section. 

16 (e) Nothing in this section shall be construed to pre17 clude the voluntary disclosure of a covered record. 

18 (f) EFFECTIVE DATE.—This section shall take effect on 

19 the date of enactment of this Act and apply to any photo20 graph created before, on, or after that date that is a covered 

21 record. 

22 SHORT TITLE

23 SEC. 1306. This section may be cited as the ‘‘OPEN 

24 FOIA Act of 2009’’. 

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1 SPECIFIC CITATIONS IN STATUTORY EXEMPTIONS

2 SEC. 1307. Section 552(b) of title 5, United States 

3 Code, is amended by striking paragraph (3) and inserting 

4 the following: 

5 ‘‘(3) specifically exempted from disclosure by 

6 statute (other than section 552b of this title), if that 

7 statute— 

8 ‘‘(A)(i) requires that the matters be withheld 

9 from the public in such a manner as to leave no 

10 discretion on the issue; or 

11 ‘‘(ii) establishes particular criteria for 

12 withholding or refers to particular types of 

13 matters to be withheld; and 

14 ‘‘(B) if enacted after the date of enactment 

15 of the OPEN FOIA Act of 2009, specifically cites 

16 to this paragraph.’’. 

17 GENERAL PROVISION—THIS ACT 

18 AVAILABILITY OF FUNDS

19 SEC. 1308. No part of any appropriation contained 

20 in this Act shall remain available for obligation beyond the 

21 current fiscal year unless expressly so provided herein. 

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1 This Act may be cited as the ‘‘Supplemental Appro2 priations Act, 2009’’. 

Passed the House of Representatives May 14, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate May 21, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 

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