II 

Calendar No. 63 

111TH CONGRESS 

1ST SESSION H. R. 2346 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2009 

Received; read twice and placed on the calendar 

AN ACT 

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: 


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1 TITLE I—DEFENSE MATTERS 

2 DEPARTMENT OF DEFENSE 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $10,924,641,000. 

7 MILITARY PERSONNEL, NAVY

8 For an additional amount for ‘‘Military Personnel, 

9 Navy’’, $1,716,827,000. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Military Personnel, 

12 Marine Corps’’, $1,577,850,000. 

13 MILITARY PERSONNEL, AIR FORCE

14 For an additional amount for ‘‘Military Personnel, 

15 Air Force’’, $1,783,208,000. 

16 RESERVE PERSONNEL, ARMY

17 For an additional amount for ‘‘Reserve Personnel, 

18 Army’’, $381,155,000. 

19 RESERVE PERSONNEL, NAVY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Navy’’, $39,478,000. 

22 RESERVE PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, 

24 Marine Corps’’, $29,179,000. 


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1 RESERVE PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Reserve Personnel, 

3 Air Force’’, $16,943,000. 

4 NATIONAL GUARD PERSONNEL, ARMY

5 For an additional amount for ‘‘National Guard Per6 sonnel, Army’’, $1,373,273,000. 

7 NATIONAL GUARD PERSONNEL, AIR FORCE

8 For an additional amount for ‘‘National Guard Per9 sonnel, Air Force’’, $101,360,000. 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For an additional amount for ‘‘Operation and Main13 tenance, Army’’, $14,024,703,000. 

14 OPERATION AND MAINTENANCE, NAVY

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Operation and Main17 tenance, Navy’’, $2,367,959,000: Provided, That up to 

18 $129,503,000 may be transferred to the Coast Guard 

19 ‘‘Operating Expenses’’ account. 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 For an additional amount for ‘‘Operation and Main22 tenance, Marine Corps’’, $1,084,081,000. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force’’, $6,216,729,000. 


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1 OPERATION AND MAINTENANCE, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for ‘‘Operation and Main4 tenance, Defense-Wide’’, $5,353,701,000, of which— 

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

6 for the Combatant Commander Initiative Fund, to 

7 be used in support of Operation Iraqi Freedom and 

8 Operation Enduring Freedom; 

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

10 available until expended, shall be for payments to re11 imburse Pakistan, Jordan, and other key cooper12 ating nations, for logistical, military, and other sup13 port including access provided, or to be provided, to 

14 United States military operations in support of Op15 eration Iraqi Freedom and Operation Enduring 

16 Freedom, notwithstanding any other provision of 

17 law: Provided, That such reimbursement payments 

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

19 Defense, in such amounts as the Secretary of De20 fense, with the concurrence of the Secretary of 

21 State, and in consultation with the Director of the 

22 Office of Management and Budget, may determine, 

23 based on documentation determined by the Secretary 

24 of Defense to adequately account for the support 

25 provided, and such determination is final and conVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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1 clusive upon the accounting officers of the United 

2 States, and 15 days following notification to the ap3 propriate congressional committees: Provided further, 

4 That these funds may be used for the purpose of 

5 providing specialized training and procuring supplies 

6 and specialized equipment and providing such sup7 plies and loaning such equipment on a non-reimburs8 able basis to friendly foreign forces supporting 

9 United States military operations in Iraq and Af10 ghanistan; 

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

12 for emergencies and extraordinary expenses: Pro13 vided, That the Secretary of Defense shall certify 

14 that such payments are necessary for confidential 

15 military purposes; and 

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

17 available until September 30, 2010, shall be for 

18 counternarcotics and other activities including assist19 ance to other Federal agencies, on the United States 

20 border with Mexico: Provided, That the Secretary of 

21 Defense may transfer these funds to appropriations 

22 for military personnel, operation and maintenance, 

23 and procurement to be available for the same pur24 poses as the appropriation or fund to which trans25 ferred: Provided further, That the Secretary of DeVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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1 fense may transfer up to $100,000,000 of this 

2 amount to any other Federal appropriations ac3 counts, with the concurrence of the head of the rel4 evant Federal department or agency for border-re5 lated activities: Provided further, That the funds 

6 transferred shall be merged with and be available for 

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

8 appropriation to which transferred: Provided further, 

9 That this transfer authority is in addition to any 

10 other transfer authority available to the Department 

11 of Defense: Provided further, That upon a deter12 mination that all or part of the funds so transferred 

13 from this appropriation are not necessary for the 

14 purposes provided herein, such amounts may be 

15 transferred back to this appropriation, to be merged 

16 with and made available for the same purposes and 

17 for the time period provided under this heading. 

18 OPERATION AND MAINTENANCE, ARMY RESERVE

19 For an additional amount for ‘‘Operation and Main20 tenance, Army Reserve’’, $101,317,000. 

21 OPERATION AND MAINTENANCE, NAVY RESERVE

22 For an additional amount for ‘‘Operation and Main23 tenance, Navy Reserve’’, $24,318,000. 


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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For an additional amount for ‘‘Operation and Main4 tenance, Marine Corps Reserve’’, $30,775,000. 

5 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

6 For an additional amount for ‘‘Operation and Main7 tenance, Air Force Reserve’’, $34,599,000. 

8 OPERATION AND MAINTENANCE, ARMY NATIONAL

9 GUARD

10 For an additional amount for ‘‘Operation and Main11 tenance, Army National Guard’’, $178,446,000. 

12 IRAQ FREEDOM FUND

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for the ‘‘Iraq Freedom 

15 Fund’’, $365,000,000, to remain available to the Sec16 retary of Defense for transfer until September 30, 2010, 

17 of which— 

18 (1) not to exceed $350,000,000 shall be avail19 able for rapid response to unforeseen, immediate 

20 warfighter needs for Iraq, Afghanistan, and other 

21 geographic areas in which combat or direct combat 

22 support operations for Iraq and Afghanistan occur 

23 in order to minimize casualties and ensure mission 

24 success for Operation Iraqi Freedom and Operation 

25 Enduring Freedom: Provided, That these funds are 


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1 available for transfer to any other appropriations ac2 counts of the Department of Defense to accomplish 

3 the purposes provided herein: Provided further, That 

4 upon a determination that all or part of the funds 

5 so transferred from this appropriation are not nec6 essary for the purposes provided herein, such 

7 amounts may be transferred back to this appropria8 tion: Provided further, That this transfer authority is 

9 in addition to any other transfer authority available 

10 to the Department of Defense; and 

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

12 to the Secretary of Defense to transport the remains 

13 of servicemembers killed in combat operations: Pro14 vided, That these funds are available for transfer to 

15 any other appropriations accounts of the Depart16 ment of Defense to accomplish the purposes pro17 vided herein: Provided further, That upon a deter18 mination that all or part of the funds so transferred 

19 from this appropriation are not necessary for the 

20 purposes provided herein, such amounts may be 

21 transferred back to this appropriation: Provided fur22 ther, That this transfer authority is in addition to 

23 any other transfer authority available to the Depart24 ment of Defense. 


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1 AFGHANISTAN SECURITY FORCES FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For an additional amount for the ‘‘Afghanistan Secu4 rity Forces Fund’’, $3,606,939,000, to remain available 

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

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

7 any obligation or transfer from this appropriation account, 

8 notify the congressional defense committees in writing of 

9 the details of the proposed obligation or transfer. 

10 PAKISTAN COUNTERINSURGENCY FUND

11 (INCLUDING TRANSFER OF FUNDS)

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

13 established in the Treasury of the United States, 

14 $400,000,000, to remain available until September 30, 

15 2010: Provided, That such funds shall be available to the 

16 Secretary of Defense, with the concurrence of the Sec17 retary of State, notwithstanding any other provision of 

18 law, to provide assistance to the security forces of Paki19 stan (including the provision of equipment, supplies, serv20 ices, training, facility and infrastructure repair, renova21 tion, and construction) to improve the counterinsurgency 

22 capability of Pakistan’s security forces, and, on an excep23 tional basis, irregular security forces: Provided further, 

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1 ance to foreign nations: Provided further, That the Sec2 retary of Defense may transfer such amounts as the Sec3 retary may determine from the funds provided herein to 

4 any appropriations available to the Department of Defense 

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

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

7 other non-intelligence related Federal account to accom8 plish the purposes provided herein: Provided further, That 

9 funds so transferred shall be merged with and be available 

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

11 the appropriation or fund to which transferred: Provided 

12 further, That upon determination by the Secretary of De13 fense or head of other Federal department or agency, with 

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

15 of the funds so transferred from this appropriation are 

16 not necessary for the purposes herein, such amounts may 

17 be transferred by the head of the relevant Federal depart18 ment or agency back to this appropriation and shall be 

19 available for the same purposes and for the same time pe20 riod as originally appropriated: Provided further, That the 

21 authority of the Secretary of Defense to obligate or trans22 fer funds pursuant to this paragraph shall apply only to 

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

24 such authority shall not be continued beyond the expira25 tion date specified in the matter preceding the first proVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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1 viso: Provided further, That funds may not be obligated 

2 or transferred from the ‘‘Pakistan Counterinsurgency 

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

4 of Defense notifies the Committees on Appropriations of 

5 the House of Representatives and the Senate, and the con6 gressional defense and foreign affairs committees, in writ7 ing of the details of the proposed obligation or transfer. 

8 PROCUREMENT 

9 AIRCRAFT PROCUREMENT, ARMY

10 For an additional amount for ‘‘Aircraft Procurement, 

11 Army’’, $1,285,304,000, to remain available until Sep12 tember 30, 2011. 

13 MISSILE PROCUREMENT, ARMY

14 For an additional amount for ‘‘Missile Procurement, 

15 Army’’, $677,141,000, to remain available until Sep16 tember 30, 2011. 

17 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

18 VEHICLES, ARMY

19 For an additional amount for ‘‘Procurement of Weap20 ons and Tracked Combat Vehicles, Army’’, 

21 $2,233,871,000, to remain available until September 30, 

22 2011. 


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1 PROCUREMENT OF AMMUNITION, ARMY

2 For an additional amount for ‘‘Procurement of Am3 munition, Army’’, $230,075,000, to remain available until 

4 September 30, 2011. 

5 OTHER PROCUREMENT, ARMY

6 For an additional amount for ‘‘Other Procurement, 

7 Army’’, $8,039,349,000, to remain available until Sep8 tember 30, 2011. 

9 AIRCRAFT PROCUREMENT, NAVY

10 For an additional amount for ‘‘Aircraft Procurement, 

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

12 30, 2011. 

13 WEAPONS PROCUREMENT, NAVY

14 For an additional amount for ‘‘Weapons Procure15 ment, Navy’’, $31,698,000, to remain available until Sep16 tember 30, 2011. 

17 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

18 CORPS

19 For an additional amount for ‘‘Procurement of Am20 munition, Navy and Marine Corps’’, $348,919,000, to re21 main available until September 30, 2011. 

22 OTHER PROCUREMENT, NAVY

23 For an additional amount for ‘‘Other Procurement, 

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

25 30, 2011. 


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1 PROCUREMENT, MARINE CORPS

2 For an additional amount for ‘‘Procurement, Marine 

3 Corps’’, $1,509,986,000, to remain available until Sep4 tember 30, 2011. 

5 AIRCRAFT PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Aircraft Procurement, 

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

8 September 30, 2011. 

9 MISSILE PROCUREMENT, AIR FORCE

10 For an additional amount for ‘‘Missile Procurement, 

11 Air Force’’, $57,416,000, to remain available until Sep12 tember 30, 2011. 

13 PROCUREMENT OF AMMUNITION, AIR FORCE

14 For an additional amount for ‘‘Procurement of Am15 munition, Air Force’’, $183,684,000, to remain available 

16 until September 30, 2011. 

17 OTHER PROCUREMENT, AIR FORCE

18 For an additional amount for ‘‘Other Procurement, 

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

20 September 30, 2011. 

21 PROCUREMENT, DEFENSE-WIDE

22 For an additional amount for ‘‘Procurement, De23 fense-Wide’’, $200,068,000, to remain available until Sep24 tember 30, 2011. 


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1 NATIONAL GUARD AND RESERVE EQUIPMENT

2 For an additional amount for procurement of high 

3 priority items of equipment that may be used by reserve 

4 component units for both its combat mission and the 

5 units’ mission in support of the State governors, 

6 $500,000,000, to remain available for obligation until Sep7 tember 30, 2011: Provided, That the Chiefs of the Na8 tional Guard and of the Reserve components shall, not 

9 later than 60 days after the enactment of this Act, individ10 ually submit to the congressional defense committees a 

11 listing of items of equipment to be procured for their re12 spective National Guard or Reserve component. 

13 RESEARCH, DEVELOPMENT, TEST AND 

14 EVALUATION 

15 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

16 ARMY

17 For an additional amount for ‘‘Research, Develop18 ment, Test and Evaluation, Army’’, $73,734,000, to re19 main available until September 30, 2010. 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 NAVY

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Navy’’, $96,231,000, to re24 main available until September 30, 2010. 


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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 AIR FORCE

3 For an additional amount for ‘‘Research, Develop4 ment, Test and Evaluation, Air Force’’, $92,574,000, to 

5 remain available until September 30, 2010. 

6 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

7 DEFENSE-WIDE

8 For an additional amount for ‘‘Research, Develop9 ment, Test and Evaluation, Defense-Wide’’, 

10 $459,391,000, to remain available until September 30, 

11 2010. 

12 REVOLVING AND MANAGEMENT FUNDS 

13 DEFENSE WORKING CAPITAL FUNDS

14 For an additional amount for ‘‘Defense Working 

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

16 expended. 

17 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

18 DEFENSE HEALTH PROGRAM

19 For an additional amount for ‘‘Defense Health Pro20 gram’’, $1,097,297,000, of which $845,508,000, to re21 main available until September 30, 2009, is for operation 

22 and maintenance; of which $50,185,000, to remain avail23 able until September 30, 2011, is for procurement; and 

24 of which $201,604,000, to remain available until SepVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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1 tember 30, 2010, is for research, development, test and 

2 evaluation. 

3 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

4 DEFENSE

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Drug Interdiction and 

7 Counter-Drug Activities, Defense’’, $137,198,000, to re8 main available until expended. 

9 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

10 For an additional amount for ‘‘Joint Improvised Ex11 plosive Device Defeat Fund’’, $1,316,746,000, to remain 

12 available until September 30, 2011. 

13 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for the ‘‘Mine Resistant 

16 Ambush Protected Vehicle Fund’’, $4,843,000,000, to re17 main available until September 30, 2010: Provided, That 

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

19 notwithstanding any other provision of law, to procure, 

20 sustain, transport, and field Mine Resistant Ambush Pro21 tected vehicles: Provided further, That the Secretary shall 

22 transfer such funds only to appropriations for operation 

23 and maintenance; procurement; research, development, 

24 test and evaluation; and defense working capital funds to 

25 accomplish the purposes provided herein: Provided further, 


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1 That this transfer authority is in addition to any other 

2 transfer authority available to the Department of Defense: 

3 Provided further, That upon determination that all or part 

4 of the funds so transferred from this appropriation are 

5 not necessary for the purposes provided herein, such 

6 amounts may be transferred back to this appropriation: 

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

8 15 days prior to making transfers from this appropriation, 

9 notify the congressional defense committees in writing of 

10 the details of any such transfer. 

11 OFFICE OF THE INSPECTOR GENERAL

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

13 General’’, $9,551,000. 

14 GENERAL PROVISIONS, THIS TITLE 

15 SEC. 10001. Notwithstanding any other provision of 

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

17 amounts appropriated or otherwise made available for the 

18 Department of Defense for fiscal year 2009. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 10002. Upon the determination of the Secretary 

21 of Defense that such action is necessary in the national 

22 interest, the Secretary may transfer between appropria23 tions up to $2,000,000,000 of the funds made available 

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

25 the Secretary shall notify the Congress promptly of each 


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1 transfer made pursuant to the authority in this section: 

2 Provided further, That the authority provided in this sec3 tion is in addition to any other transfer authority available 

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

5 terms and conditions as the authority provided in section 

6 8005 of the Department of Defense Appropriations Act, 

7 2009 (division C of Public Law 110–329) except for the 

8 fourth proviso. 

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

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

11 intelligence activities are deemed to be specifically author12 ized by the Congress for purposes of section 504(a)(1) of 

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

14 (INCLUDING TRANSFER OF FUNDS)

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

16 in the Defense Cooperation Account, as established by 10 

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

18 to $6,500,000 to such appropriations or funds of the De19 partment of Defense as the Secretary shall determine for 

20 use consistent with the purposes for which such funds 

21 were contributed and accepted: Provided, That such 

22 amounts shall be available for the same time period as 

23 the appropriation to which transferred: Provided further, 

24 That the Secretary shall report to the Congress all trans25 fers made pursuant to this authority. 


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1 SEC. 10005. Supervision and administration costs as2 sociated with a construction project funded with appro3 priations available for operation and maintenance, ‘‘Af4 ghanistan Security Forces Fund’’ or ‘‘Iraq Security 

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

6 support of the overseas contingency operations only in 

7 Iraq and Afghanistan, may be obligated at the time a con8 struction contract is awarded: Provided, That for the pur9 pose of this section, supervision and administration costs 

10 include all in-house Government costs. 

11 (INCLUDING RESCISSIONS)

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

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

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

15 rescinded. 

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

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

18 September 30, 2010: Provided, That funds may not be ob19 ligated or transferred from this fund until 15 days after 

20 the date on which the Secretary of Defense notifies the 

21 congressional defense committees in writing of the details 

22 of the proposed obligation or transfer. 

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

24 IX of Public Law 110–252 under the heading, ‘‘Afghani25 stan Security Forces Fund’’, $125,000,000 is rescinded. 


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1 (2) For an additional amount for the ‘‘Afghani2 stan Security Forces Fund’’, $125,000,000, to re3 main available until September 30, 2010. 

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

5 Department of Defense for operation and maintenance 

6 may be used to purchase items having an investment unit 

7 cost of not more than $250,000: Provided, That upon de8 termination by the Secretary of Defense that such action 

9 is necessary to meet the operational requirements of a 

10 Commander of a Combatant Command engaged in contin11 gency operations overseas, such funds may be used to pur12 chase items having an investment item unit cost of not 

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

14 shall report to the Congress all purchases made pursuant 

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

16 SEC. 10008. (a) Beginning in fiscal year 2009, dur17 ing any year in which funds are authorized to be appro18 priated to carry out the Commander’s Emergency Re19 sponse Program, the Secretary of Defense may accept con20 tributions of funds from any person, foreign government, 

21 or international organization to carry out the Com22 mander’s Emergency Response Program in Iraq or Af23 ghanistan. 

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

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


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

2 shall become available during each year in which funds 

3 authorized to be appropriated have been appropriated. 

4 SEC. 10009. (a) Until September 30, 2009, the Sec5 retary of Defense may enter into an agreement with the 

6 head of an executive department or agency that has estab7 lished internship programs to reimburse that department 

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

9 employment of eligible military spouses into positions 

10 under the internship program. 

11 (b) The Secretary may provide such reimbursement 

12 to the department or agency, from funds otherwise made 

13 available for ‘‘Operation and Maintenance, Defense14 Wide’’, including the costs of the salary, benefits and al15 lowances, and training of the military spouse for the first 

16 year of employment, for eligible military spouses beginning 

17 their internship by September 30, 2009. 

18 (c) In this section: 

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

20 any person married to a member of the Armed 

21 Forces on active duty at the time of appointment, 

22 other than a person who— 

23 (A) is legally separated from a member of 

24 the Armed Forces under court order or statute 

25 of any State or possession of the United States; 


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

2 on active duty; or 

3 (C) is a retired member of the Armed 

4 Forces. 

5 (2) The term ‘‘internship’’ means a profes6 sional, analytical, or administrative position in the 

7 Federal Government that operates under a develop8 mental program leading to career advancement. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 10010. Notwithstanding any other provision of 

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

12 and Maintenance, Defense-Wide’’, the Secretary of De13 fense may transfer up to $30,000,000 to the Department 

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

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

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

17 system to support air operations in the Kyrgyz Republic, 

18 including Manas International Airport and Air Base: Pro19 vided, That funds transferred under this section shall re20 main available until expended. 

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

22 the Secretary of Defense may purchase motor vehicles for 

23 use by military and civilian employees of the Department 

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


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1 $75,000 per vehicle, notwithstanding other limitations ap2 plicable to passenger carrying motor vehicles. 

3 (RESCISSIONS)

4 SEC. 10012. (a) Of the funds appropriated in the De5 partment of Defense Appropriations Act, 2009 (division 

6 C of Public Law 110–329), the following amounts are re7 scinded from the following accounts in the amounts speci8 fied: ‘‘Operation and Maintenance, Army’’, $352,359,000; 

9 ‘‘Operation and Maintenance, Navy’’, $881,481,000; ‘‘Op10 eration and Maintenance, Marine Corps’’, $54,466,000; 

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

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

13 $81,135,000; ‘‘Operation and Maintenance, Army Re14 serve’’, $23,338,000; ‘‘Operation and Maintenance, Navy 

15 Reserve’’, $62,910,000; ‘‘Operation and Maintenance, Ma16 rine Corps Reserve’’, $1,250,000; ‘‘Operation and Mainte17 nance, Air Force Reserve’’, $163,786,000; ‘‘Operation and 

18 Maintenance, Army National Guard’’, $57,819,000; ‘‘Op19 eration and Maintenance, Air National Guard’’, 

20 $250,645,000; ‘‘Research, Development, Test and Evalua21 tion, Navy’’, $30,510,000; and ‘‘Research, Development, 

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

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

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

25 Law 110–116) under the heading ‘‘Research, DevelopVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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1 ment, Test and Evaluation, Navy’’, $5,000,000 is re2 scinded. 

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

4 Defense Appropriations Act, 2009 (division C of Public 

5 Law 110–329) under the heading ‘‘Operation and Mainte6 nance, Defense-Wide’’, $5,000,000 is rescinded. 

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

8 Defense Appropriations Act, 2009 (division C of Public 

9 Law 110–329) under the heading ‘‘Research, Develop10 ment, Test and Evaluation, Air Force’’, $100,000,000 is 

11 rescinded. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 10013. Upon enactment of this Act, the Sec14 retary of Defense shall make the following transfers of 

15 funds: Provided, That the amounts transferred shall be 

16 made available for the same purpose as the appropriations 

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

18 appropriation from which transferred: Provided further, 

19 That the funds shall be transferred between the following 

20 appropriations in the amounts specified: 

21 To: 

22 ‘‘Military Personnel, Army, 2009’’, 

23 $100,600,000; ‘‘Reserve Personnel, Army, 2009’’, 

24 $41,000,000; and ‘‘National Guard Personnel, 

25 Army, 2009’’, $9,000,000. 


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1 From: 

2 Funds appropriated in the Department of De3 fense Appropriations Act, 2009 (division C of Public 

4 Law 110–329) under the heading ‘‘Aircraft Procure5 ment, Army, 2009/2011’’, $22,600,000; and under 

6 the heading ‘‘Procurement of Ammunition, Army, 

7 2009/2011’’, $107,100,000. 

8 From: 

9 Funds appropriated in the Department of De10 fense Appropriations Act, 2008 (division A of Public 

11 Law 110–116) under the heading ‘‘Other Procure12 ment, Army, 2008/2010’’, $20,900,000. 

13 (RESCISSIONS)

14 SEC. 10014. Of the funds appropriated in the De15 partment of Defense Appropriations Act, 2009 (division 

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

17 and Maintenance, Defense-Wide’’, $181,500,000 is re18 scinded. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 10015. (a) RETROACTIVE PAYMENT OF STOP21 LOSS SPECIAL PAY.—In addition to the amounts appro22 priated or otherwise made available elsewhere in this Act, 

23 $734,400,000 is appropriated to the Department of De24 fense, to remain available for obligation until expended. 

25 Provided, That such funds shall be available to the SecreVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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1 taries of the military departments only to make the pay2 ment specified in subsection (b) to members of the Armed 

3 Forces, including members of the reserve components, and 

4 former and retired members under the jurisdiction of the 

5 Secretary who, at any time during the period beginning 

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

7 2009, served on active duty while the members’ enlistment 

8 or period of obligated service was extended, or whose eligi9 bility for retirement was suspended, pursuant to section 

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

11 provision of law (commonly referred to as a ‘‘stop-loss au12 thority’’) authorizing the President to extend an enlist13 ment or period of obligated service, or suspend an eligi14 bility for retirement, of a member of the uniformed serv15 ices in time of war or of national emergency declared by 

16 Congress or the President. 

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

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

19 retired member, or former member described in such sub20 section shall be $500 per month for each month or portion 

21 of a month during the period specified in such subsection 

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

23 of application of the stop-loss authority. 

24 (c) TREATMENT OF DECEASED MEMBERS.—If an eli25 gible member, retired member, or former member deVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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1 scribed in subsection (a) dies before the payment required 

2 by this section is made, the Secretary concerned shall 

3 make the payment to the designated representative or es4 tate of the member. 

5 (d) EXCLUSION OF CERTAIN FORMER MEMBERS.— 

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

7 a payment under this section if the former member was 

8 discharged or released from the Armed Forces under other 

9 than honorable conditions. 

10 (e) RELATION TO OTHER STOP-LOSS SPECIAL

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

12 not receive a payment under this section and stop-loss spe13 cial pay under section 8116 of the Department of Defense 

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

15 329; 122 Stat. 3646) for the same month or portion of 

16 a month during which the member was retained on active 

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

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

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

20 136; 117 Stat. 1392) is repealed. 

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

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

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

24 the congressional defense committees that retiring the air25 craft will not significantly increase operational risk of not 


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1 meeting the National Defense Strategy, provided that 

2 such retirements may not reduce total strategic airlift 

3 force structure inventory below the 292 strategic airlift 

4 aircraft level identified in the Mobility Capability Study 

5 2005 (MCS–05) unless otherwise addressed in the fiscal 

6 year 2010 National Defense Authorization Act. 

7 SEC. 10017. None of the funds appropriated or other8 wise made available by this title may be obligated or ex9 pended to provide award fees to any defense contractor 

10 contrary to the provisions of section 814 of the National 

11 Defense Authorization Act, Fiscal Year 2007 (Public Law 

12 109–364). 

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

14 may be used to finance programs or activities denied by 

15 Congress in fiscal years 2008 or 2009 appropriations to 

16 the Department of Defense or to initiate a procurement 

17 or research, development, test and evaluation new start 

18 program without prior written notification to the congres19 sional defense committees. 

20 SEC. 10019. None of the funds appropriated or other21 wise made available by this or any other Act shall be obli22 gated or expended by the United States Government for 

23 a purpose as follows: 


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1 (1) To establish any military installation or 

2 base for the purpose of providing for the permanent 

3 stationing of United States Armed Forces in Iraq. 

4 (2) To exercise United States control over any 

5 oil resource of Iraq. 

6 SEC. 10020. None of the funds appropriated or other7 wise made available by this or any other Act shall be obli8 gated or expended by the United States Government for 

9 the purpose of establishing any military installation or 

10 base for the purpose of providing for the permanent sta11 tioning of United States Armed Forces in Afghanistan. 

12 SEC. 10021. (a) REPORT ON IRAQ TROOP DRAW13 DOWN STATUS, GOALS, AND TIMETABLE.—In recognition 

14 and support of the policy of President Barack Obama to 

15 withdraw all United States combat brigades from Iraq by 

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

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

18 Secretary of Defense (in consultation with other members 

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

20 identifies troop drawdown status and goals and includes— 

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

22 the transition of United States military forces and 

23 equipment out of Iraq; and 


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

2 the transition of United States contractors out of 

3 Iraq. 

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

5 Secretary of Defense shall address the following: 

6 (1) How the Government of Iraq is assuming 

7 the responsibility for reconciliation initiatives as the 

8 mission of the United States Armed Forces transi9 tions. 

10 (2) How the drawdown of military forces com11 plies with the President’s planned withdrawal of 

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

13 States forces by December 31, 2011. 

14 (3) The roles and responsibilities of remaining 

15 contractors in Iraq as the United States mission 

16 evolves, including the anticipated number of United 

17 States contractors to remain in Iraq after August 

18 31, 2010, and December 31, 2011. 

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

20 date of enactment of this Act, and every 90 days there21 after through September 30, 2010, the Secretary of De22 fense shall submit the report required by subsection (a) 

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


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1 TITLE II—MILITARY CONSTRUCTION, FOREIGN 

2 OPERATIONS, AND OTHER MATTERS 

3 CHAPTER 1—AGRICULTURE 

4 DEPARTMENT OF AGRICULTURE 

5 FOREIGN AGRICULTURAL SERVICE

6 PUBLIC LAW 480 TITLE II GRANTS

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

8 II Grants’’, $500,000,000, to remain available until ex9 pended. 

10 GENERAL PROVISIONS, THIS CHAPTER 

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

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

13 2747) and unobligated as of the date of the enactment 

14 of this Act shall be available to the Secretary of Agri15 culture, until expended, to provide assistance under the 

16 emergency conservation program established under title 

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

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

19 to natural disasters. 

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

21 gross obligations for the principal amount of direct and 

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

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

24 from funds in the Agricultural Credit Insurance Fund, as 

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


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1 operating loans, $400,000,000; and unsubsidized guaran2 teed operating loans, $50,201,000. 

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

4 and guaranteed loans, including the cost of modifying 

5 loans as defined in section 502 of the Congressional Budg6 et Act of 1974, as follows: direct farm ownership loans, 

7 $22,860,000; direct operating loans, $47,160,000; and un8 subsidized guaranteed operating loans, $1,250,000. 

9 (b) Of the unobligated balances available and pro10 vided in prior year appropriations acts for discretionary 

11 programs in the Rural Development mission area, 

12 $71,270,000 is hereby rescinded. 

13 CHAPTER 2—COMMERCE AND JUSTICE 

14 DEPARTMENT OF JUSTICE 

15 LEGAL ACTIVITIES

16 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

17 For an additional amount for ‘‘Salaries and Ex18 penses’’, $1,648,000, to remain available until September 

19 30, 2010. 

20 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

21 For an additional amount for ‘‘Salaries and Ex22 penses’’, $5,000,000, to remain available until September 

23 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 BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND

7 EXPLOSIVES

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and Ex10 penses’’, $4,000,000, to remain available until September 

11 30, 2010. 

12 FEDERAL PRISON SYSTEM

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and Ex15 penses’’, $5,038,000, to remain available until September 

16 30, 2010. 

17 GENERAL PROVISION, THIS CHAPTER 

18 (INCLUDING RESCISSION)

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

20 2 of title I of Public Law 110–252 under the heading ‘‘Of21 fice of Inspector General’’, $3,000,000 is rescinded. 

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

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

24 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 endorseVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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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 

24 department or agency of the United States, upon the con25 currence of the head of such department or agency, to supVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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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 furVerDate Nov 24 2008 00:34 May 15, 2009 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H2346.PCS H2346

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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’’. 

Passed the House of Representatives May 14, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 63 

111TH CONGRESS 

1ST SESSION H. R. 2346 

AN ACT 

Making supplemental appropriations for the fiscal 

purposes. year ending September 30, 2009, and for other 

MAY 14, 2009 

Received; read twice and placed on the calendar 


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