In the Senate of the United States,

May 21, 2009.

Resolved, That the bill from the House of Representatives (H.R. 2346) entitled ‘‘An Act making supplemental appropriations for the fiscal year ending September 30, 2009,

and for other purposes.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert

the following:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2009, and for other pur4 poses, namely:

5 TITLE I

6 DEPARTMENT OF AGRICULTURE

7 FOREIGN AGRICULTURAL SERVICE

8 PUBLIC LAW 480 TITLE II GRANTS

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

10 II Grants’’, $700,000,000, to remain available until ex-
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1 pended: Provided, That the amount under this heading is

2 designated as being for overseas deployments and other ac3 tivities pursuant to sections 401(c)(4) and 423(a) of S. Con.

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

5 budget for fiscal year 2010.

6 GENERAL PROVISION—THIS TITLE

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

8 any amounts made available prior to the date of enactment

9 of this Act to provide assistance under the emergency con10 servation program established under title IV of the Agricul11 tural Credit Act of 1978 (16 U.S.C. 2201 and 2202) that

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

13 be available to carry out any purpose under that program

14 without fiscal year limitation: Provided, That the amount

15 under this heading is designated as an emergency require16 ment and necessary to meet emergency needs pursuant to

17 sections 403(a) and 423(b) of S. Con. Res. 13 (111th Con18 gress), the concurrent resolution on the budget for fiscal year

19 2010.

20 (INCLUDING RESCISSION OF FUNDS)

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

22 obligations for the principal amount of direct farm owner23 ship (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941

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

25 Credit Insurance Fund, as follows: direct farm ownership
3

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

2 $225,000,000.

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

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

5 section 502 of the Congressional Budget Act of 1974, as fol6 lows: direct farm ownership loans, $22,860,000; and direct

7 operating loans, $26,530,000.

8 (b) Of available unobligated discretionary balances

9 from the Rural Development mission area carried forward

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

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

12 than those from amounts that were designated by the Con13 gress as an emergency requirement pursuant to a Concur14 rent Resolution on the Budget or the Balanced Budget and

15 Emergency Deficit Control Act of 1985, as amended.

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

17 as an emergency requirement and necessary to meet emer18 gency needs pursuant to sections 403(a) and 423(b) of S.

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

20 the budget for fiscal year 2010.
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1 TITLE II

2 DEPARTMENT OF COMMERCE

3 ECONOMIC DEVELOPMENT ADMINISTRATION

4 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

5 For an additional amount for ‘‘Economic Development

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

7 until September 30, 2010: Provided, That the amount pro8 vided under this heading shall be for the Trade Adjustment

9 Assistance for Communities program as authorized by sec10 tion 1872 of Public Law 111–5: Provided further, That the

11 amount provided under this heading is designated as an

12 emergency requirement and necessary to meet emergency

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

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

15 budget for fiscal year 2010.

16 DEPARTMENT OF JUSTICE

17 GENERAL ADMINISTRATION

18 SALARIES AND EXPENSES

19 For an additional amount for ‘‘Salaries and ex20 penses’’, $30,000,000, to remain available until September

21 30, 2010: Provided, That funds provided in the previous

22 proviso shall only be for carrying out Department of Justice

23 responsibilities required by Executive Orders 13491, 13492,

24 and 13493: Provided further, That the Attorney General

25 shall submit to the Committees on Appropriations of the
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1 House and the Senate a detailed plan for expenditure of

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

3 Act.

4 DETENTION TRUSTEE

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

6 $60,000,000, to remain available until September 30, 2010.

7 LEGAL ACTIVITIES

8 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

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

11 until September 30, 2010.

12 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

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

15 until September 30, 2010.

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

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

18 until September 30, 2010: Provided, That the amount pro19 vided in this paragraph is designated as an emergency re20 quirement and necessary to meet emergency needs pursuant

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

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

23 year 2010.
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1 UNITED STATES MARSHALS SERVICES

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and ex4 penses’’, $10,000,000, to remain available until September

5 30, 2010.

6 NATIONAL SECURITY DIVISION

7 SALARIES AND EXPENSES

8 For an additional amount for ‘‘Salaries and ex9 penses,’’ $1,389,000, to remain available until September

10 30, 2010.

11 FEDERAL BUREAU OF INVESTIGATIONS

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and ex14 penses’’, $35,000,000, to remain available until September

15 30, 2010: Provided, That the amount provided under this

16 heading is designated as an emergency requirement and

17 necessary to meet emergency needs pursuant to sections

18 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the

19 concurrent resolution on the budget for fiscal year 2010.

20 DRUG ENFORCEMENT ADMINISTRATION

21 SALARIES AND EXPENSES

22 For an additional amount for ‘‘Salaries and ex23 penses’’, $20,000,000, to remain available until September

24 30, 2010.
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1 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

2 EXPLOSIVES

3 SALARIES AND EXPENSES

4 For an additional amount for ‘‘Salaries and ex5 penses’’, $14,000,000, to remain available until September

6 30, 2010.

7 FEDERAL PRISON SYSTEM

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and ex10 penses’’, $5,038,000, to remain available until September

11 30, 2010.

12 GENERAL PROVISIONS—THIS TITLE

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

14 this title is designated as being for overseas deployment and

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

16 of S. Con. Res. 13 (111th Congress), the concurrent resolu17 tion on the budget for fiscal year 2010.

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

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

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

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

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

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

24 the several States and the District of Columbia.
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1 (b) The amount appropriated or otherwise made avail2 able by title II for the Department of Justice for general

3 administration under the heading ‘‘SALARIES AND EX4 PENSES’’ is hereby reduced by $30,000,000.

5 (c) The amount appropriated or otherwise made avail6 able by title III under the heading ‘‘OPERATION AND MAIN7 TENANCE, DEFENSE-WIDE’’ under paragraph (3) is hereby

8 reduced by $50,000,000.

9 TITLE III

10 DEPARTMENT OF DEFENSE

11 MILITARY PERSONNEL

12 MILITARY PERSONNEL, ARMY

13 For an additional amount for ‘‘Military Personnel,

14 Army’’, $11,455,777,000.

15 MILITARY PERSONNEL, NAVY

16 For an additional amount for ‘‘Military Personnel,

17 Navy’’, $1,565,227,000.

18 MILITARY PERSONNEL, MARINE CORPS

19 For an additional amount for ‘‘Military Personnel,

20 Marine Corps’’, $1,464,353,000.

21 MILITARY PERSONNEL, AIR FORCE

22 For an additional amount for ‘‘Military Personnel,

23 Air Force’’, $1,469,173,000.
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1 RESERVE PERSONNEL, ARMY

2 For an additional amount for ‘‘Reserve Personnel,

3 Army’’, $387,155,000.

4 RESERVE PERSONNEL, NAVY

5 For an additional amount for ‘‘Reserve Personnel,

6 Navy’’, $39,478,000.

7 RESERVE PERSONNEL, MARINE CORPS

8 For an additional amount for ‘‘Reserve Personnel, Ma9 rine Corps’’, $29,179,000.

10 RESERVE PERSONNEL, AIR FORCE

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

12 Force’’, $14,943,000.

13 NATIONAL GUARD PERSONNEL, ARMY

14 For an additional amount for ‘‘National Guard Per15 sonnel, Army’’, $1,542,333,000.

16 NATIONAL GUARD PERSONNEL, AIR FORCE

17 For an additional amount for ‘‘National Guard Per18 sonnel, Air Force’’, $46,860,000.

19 OPERATION AND MAINTENANCE

20 OPERATION AND MAINTENANCE, ARMY

21 For an additional amount for ‘‘Operation and Mainte22 nance, Army’’, $13,933,801,000.

23 OPERATION AND MAINTENANCE, NAVY

24 For an additional amount for ‘‘Operation and Mainte25 nance, Navy’’, $2,337,360,000.
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1 OPERATION AND MAINTENANCE, MARINE CORPS

2 For an additional amount for ‘‘Operation and Mainte3 nance, Marine Corps’’, $1,037,842,000.

4 OPERATION AND MAINTENANCE, AIR FORCE

5 For an additional amount for ‘‘Operation and Mainte6 nance, Air Force’’, $5,992,125,000.

7 OPERATION AND MAINTENANCE, DEFENSE-WIDE

8 For an additional amount for ‘‘Operation and Mainte9 nance, Defense-Wide’’, $5,065,783,000, of which:

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

11 Commander Initiative Fund, to be used in support of

12 Operation Iraqi Freedom and Operation Enduring

13 Freedom;

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

15 available until expended, for payments to reimburse

16 key cooperating nations, for logistical, military, and

17 other support including access provided to United

18 States military operations in support of Operation

19 Iraqi Freedom and Operation Enduring Freedom,

20 notwithstanding any other provision of law: Provided,

21 That such reimbursement payments may be made in

22 such amounts as the Secretary of Defense, with the

23 concurrence of the Secretary of State, and in con24 sultation with the Director of the Office of Manage25 ment and Budget, may determine, in his discretion,
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1 based on documentation determined by the Secretary

2 of Defense to adequately account for the support pro3 vided and such determination is final and conclusive

4 upon the accounting officers of the United States, and

5 15 days following notification to the appropriate con6 gressional committees: Provided further, That these

7 funds may be used for the purpose of providing spe8 cialized training and procuring supplies and special9 ized equipment and providing such supplies and

10 loaning such equipment on a non-reimbursable basis

11 to coalition forces supporting United States military

12 operations in Iraq and Afghanistan: Provided further,

13 That the Secretary of Defense shall provide quarterly

14 reports to the congressional defense committees on the

15 use of funds provided in this paragraph; and

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

17 after the Secretary of Defense submits an expenditure

18 plan to the congressional defense committees detailing

19 the specific planned use of these funds, only to sup20 port the relocation and disposition of individuals de21 tained at the Guantanamo Bay Naval Base to loca22 tions outside of the United States, relocate military

23 and support forces associated with detainee oper24 ations, and facilitate the closure of detainee facilities:

25 Provided, That the Secretary of Defense shall certify
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1 in writing to the congressional defense committees,

2 prior to transferring prisoners to foreign nations, that

3 he has been assured by the receiving nation that the

4 individual or individuals to be transferred will be re5 tained in that nation’s custody as long as they re6 main a threat to the national security interest of the

7 United States: Provided further, That the funds in

8 this paragraph available to provide assistance to for9 eign nations to facilitate the relocation and disposi10 tion of individuals detained at the Guantanamo Bay

11 Naval Base are in addition to any other authority to

12 provide assistance to foreign nations: Provided fur13 ther, That these funds are available for transfer to

14 any other appropriations accounts of the Department

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

16 relevant Federal department or agency, to any other

17 Federal appropriations accounts to accomplish the

18 purposes provided herein: Provided further, That this

19 transfer authority is in addition to any other transfer

20 authority available to the Department of Defense.

21 OPERATION AND MAINTENANCE, ARMY RESERVE

22 For an additional amount for ‘‘Operation and Mainte23 nance, Army Reserve’’, $110,017,000.
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1 OPERATION AND MAINTENANCE, NAVY RESERVE

2 For an additional amount for ‘‘Operation and Mainte3 nance, Navy Reserve’’, $25,569,000.

4 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

5 For an additional amount for ‘‘Operation and Mainte6 nance, Marine Corps Reserve’’, $30,775,000.

7 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

8 For an additional amount for ‘‘Operation and Mainte9 nance, Air Force Reserve’’, $34,599,000.

10 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

11 For an additional amount for ‘‘Operation and Mainte12 nance, Army National Guard’’, $203,399,000.

13 AFGHANISTAN SECURITY FORCES FUND

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

15 $3,606,939,000, to remain available until September 30,

16 2010: Provided, That such funds shall be available to the

17 Secretary of Defense, notwithstanding any other provision

18 of law, for the purpose of allowing the Commander, Com19 bined Security Transition Command—Afghanistan, or the

20 Secretary’s designee, to provide assistance, with the concur21 rence of the Secretary of State, to the security forces of Af22 ghanistan, including the provision of equipment, supplies,

23 services, training, facility and infrastructure repair, ren24 ovation, and construction, and funding: Provided further,

25 That the authority to provide assistance under this heading
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1 is in addition to any other authority to provide assistance

2 to foreign nations: Provided further, That contributions of

3 funds for the purposes provided herein from any person,

4 foreign government, or international organization may be

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

6 further, That the Secretary shall notify the congressional

7 defense committees in writing upon the receipt and upon

8 the transfer of any contribution, delineating the sources and

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

10 contributions: Provided further, That the Secretary of De11 fense shall, not fewer than 15 days prior to making trans12 fers from this appropriation account, notify the congres13 sional defense committees in writing of the details of any

14 such transfer.

15 IRAQ SECURITY FORCES FUND

16 For an additional amount for the ‘‘Iraq Security

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

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

19 31, 2010, any remaining unobligated funds in this account

20 shall be transferred to the Department of State to be avail21 able for the same purposes as provided herein.

22 PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

23 (INCLUDING TRANSFER OF FUNDS)

24 There is hereby established in the Treasury of the

25 United States the ‘‘Pakistan Counterinsurgency Capability
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1 Fund’’. For the ‘‘Pakistan Counterinsurgency Capability

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

3 30, 2010: Provided, That such funds shall be available to

4 the Secretary of Defense, with the concurrence of the Sec5 retary of State, notwithstanding any other provision of law,

6 for the purpose of allowing the Commander, United States

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

8 assistance to Pakistan’s security forces; including program

9 management and the provision of equipment, supplies, serv10 ices, training, and funds; and facility and infrastructure

11 repair, renovation, and construction to build the counter12 insurgency capability of Pakistan’s military and Frontier

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

14 assist the Government of Pakistan in creating a program

15 to respond to urgent humanitarian relief and reconstruction

16 requirements that will immediately assist Pakistani people

17 affected by military operations: Provided further, That the

18 authority to provide assistance under this provision is in

19 addition to any other authority to provide assistance to for20 eign nations: Provided further, That the Secretary of De21 fense may transfer such amounts as he may determine from

22 the funds provided herein to appropriations for operation

23 and maintenance; Overseas Humanitarian, Disaster, and

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

25 evaluation; and defense working capital funds: Provided
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1 further, That funds so transferred shall be merged with and

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

3 period as the appropriation or fund to which transferred:

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

5 fewer than 15 days prior to making transfers from this ap6 propriation account, notify the congressional defense com7 mittees in writing of the details of any such transfer.

8 PROCUREMENT

9 AIRCRAFT PROCUREMENT, ARMY

10 For an additional amount for ‘‘Aircraft Procurement,

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

12 30, 2011.

13 MISSILE PROCUREMENT, ARMY

14 For an additional amount for ‘‘Missile Procurement,

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

16 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’’, $1,434,071,000,

21 to remain available until September 30, 2011.

22 PROCUREMENT OF AMMUNITION, ARMY

23 For an additional amount for ‘‘Procurement of Am24 munition, Army’’, $230,075,000, to remain available until

25 September 30, 2011.
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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement,

3 Army’’, $7,029,145,000, to remain available until Sep4 tember 30, 2011.

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement,

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

8 30, 2011.

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procurement,

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

12 30, 2011.

13 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

14 CORPS

15 For an additional amount for ‘‘Procurement of Am16 munition, Navy and Marine Corps’’, $348,919,000, to re17 main available until September 30, 2011.

18 OTHER PROCUREMENT, NAVY

19 For an additional amount for ‘‘Other Procurement,

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

21 30, 2011.

22 PROCUREMENT, MARINE CORPS

23 For an additional amount for ‘‘Procurement, Marine

24 Corps’’, $1,658,347,000, to remain available until Sep25 tember 30, 2011.
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1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement,

3 Air Force’’, $2,064,118,000, to remain available for obliga4 tion until September 30, 2011.

5 MISSILE PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Missile Procurement,

7 Air Force’’, $49,716,000, to remain available until Sep8 tember 30, 2011.

9 PROCUREMENT OF AMMUNITION, AIR FORCE

10 For an additional amount for ‘‘Procurement of Am11 munition, Air Force’’, $138,284,000, to remain available

12 until September 30, 2011.

13 OTHER PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Other Procurement,

15 Air Force’’, $1,910,343,000, to remain available until Sep16 tember 30, 2011.

17 PROCUREMENT, DEFENSE-WIDE

18 For an additional amount for ‘‘Procurement, Defense19 Wide’’, $237,868,000, to remain available until September

20 30, 2011.

21 NATIONAL GUARD AND RESERVE EQUIPMENT

22 For an additional amount for ‘‘National Guard and

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

24 until September 30, 2011.
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1 MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Mine Resistant Ambush Protected Vehicle

4 Fund’’, $4,243,000,000, to remain available until Sep5 tember 30, 2010: Provided, That such funds shall be avail6 able to the Secretary of Defense, notwithstanding any other

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

8 Mine Resistant Ambush Protected vehicles: Provided fur9 ther, That the Secretary shall transfer such funds only to

10 appropriations for operation and maintenance; procure11 ment; research, development, test and evaluation; and de12 fense working capital funds to accomplish the purpose pro13 vided herein: Provided further, That this transfer authority

14 is in addition to any other transfer authority available to

15 the Department of Defense: Provided further, That the Sec16 retary shall, not fewer than 15 days prior to making trans17 fers from this appropriation, notify the congressional de18 fense committees in writing of the details of any such trans19 fer.

20 RESEARCH, DEVELOPMENT, TEST AND

21 EVALUATION

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

23 For an additional amount for ‘‘Research, Develop24 ment, Test and Evaluation, Army’’, $71,935,000, to remain

25 available until September 30, 2010.
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1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

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

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

4 available until September 30, 2010.

5 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR

6 FORCE

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

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

9 available until September 30, 2010.

10 RESEARCH, DEVELOPMENT, TEST AND EVALUATION,

11 DEFENSE-WIDE

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

13 Test and Evaluation, Defense-Wide’’, $498,168,000, to re14 main available until September 30, 2010.

15 REVOLVING AND MANAGEMENT FUNDS

16 DEFENSE WORKING CAPITAL FUNDS

17 For an additional amount for ‘‘Defense Working Cap18 ital Funds’’, $861,726,000, to remain available until ex19 pended.

20 DEFENSE HEALTH PROGRAM

21 For an additional amount for ‘‘Defense Health Pro22 gram’’, $909,297,000, of which $845,508,000 for operation

23 and maintenance; of which $30,185,000, to remain avail24 able until September 30, 2011, for procurement; and of
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1 which $33,604,000, to remain available until September 30,

2 2010, for research, development, test and 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’’, $123,398,000, to remain

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

9 funds may be used only for such activities related to Af10 ghanistan, Pakistan, and Central Asia.

11 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

12 For an additional amount for ‘‘Joint Improvised Ex13 plosive Device Defeat Fund’’, $1,116,746,000, to remain

14 available until September 30, 2011.

15 OFFICE OF THE INSPECTOR GENERAL

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

17 General’’, $9,551,000.

18 GENERAL PROVISIONS—THIS TITLE

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

20 funds made available in this title are in addition to

21 amounts appropriated or otherwise made available for the

22 Department of Defense for fiscal year 2009.

23 (INCLUDING TRANSFER OF FUNDS)

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

25 Defense that such action is necessary in the national inter-
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1 est, the Secretary may transfer between appropriations up

2 to $2,500,000,000 of the funds made available to the De3 partment of Defense in this title: Provided, That the Sec4 retary shall notify the Congress promptly of each transfer

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

6 authority provided in this section is in addition to any

7 other transfer authority available to the Department of De8 fense and is subject to the same terms and conditions as

9 the authority provided in section 8005 of the Department

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

11 except for the fourth proviso.

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

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

14 activities are deemed to be specifically authorized by the

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

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

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

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

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

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

21 Department of Defense as the Secretary shall determine for

22 use consistent with the purposes for which such funds were

23 contributed and accepted: Provided, That such amounts

24 shall be available for the same time period as the appro25 priation to which transferred: Provided further, That the
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1 Secretary shall report to the Congress all transfers made

2 pursuant to this authority.

3 SEC. 305. Supervision and administration costs asso4 ciated with a construction project funded with appropria5 tions available for operation and maintenance or ‘‘Afghani6 stan Security Forces Fund’’ provided in this title, and exe7 cuted in direct support of the overseas contingency oper8 ations in Iraq and Afghanistan, may be obligated at the

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

10 the purpose of this section, supervision and administration

11 costs include all in-house Government costs.

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

13 Department of Defense for operation and maintenance may

14 be used to purchase items having an investment unit cost

15 of not more than $250,000: Provided, That upon determina16 tion by the Secretary of Defense that such action is nec17 essary to meet the operational requirements of a Com18 mander of a Combatant Command engaged in contingency

19 operations overseas, such funds may be used to purchase

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

21 $500,000: Provided further, That the Secretary shall report

22 to the Congress all purchases made pursuant to this author23 ity within 30 days of using the authority.

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

25 Secretary of Defense may purchase motor vehicles for use
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1 by military and civilian employees of the Department of

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

3 per vehicle, notwithstanding other limitations applicable to

4 passenger carrying motor vehicles.

5 SEC. 308. Of the funds appropriated in Department

6 of Defense Appropriations Acts, the following funds are

7 hereby rescinded from the following accounts and programs

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

9 amounts may be rescinded from amounts that were des10 ignated by the Congress as an emergency requirement pur11 suant to a Concurrent Resolution on the Budget or the Bal12 anced Budget and Emergency Deficit Control Act of 1985,

13 as amended:

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

15 $54,400,000;

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

17 $29,300,000;

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

19 $10,300,000;

20 ‘‘Research, Development, Test and Evaluation,

21 Navy, 2008/2009’’, $5,000,000;

22 ‘‘Research, Development, Test and Evaluation,

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

24 ‘‘Research, Development, Test and Evaluation,

25 Defense-Wide, 2008/2009’’, $200,000,000;
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1 ‘‘Operation and Maintenance, Army, 2009/

2 2009’’, $352,359,000;

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

4 $881,481,000;

5 ‘‘Operation and Maintenance, Marine Corps,

6 2009/2009’’, $54,466,000;

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

8 2009’’, $925,203,000;

9 ‘‘Operation and Maintenance, Defense-Wide,

10 2009/2009’’, $267,635,000;

11 ‘‘Operation and Maintenance, Army Reserve,

12 2009/2009’’, $23,338,000;

13 ‘‘Operation and Maintenance, Navy Reserve,

14 2009/2009’’, $62,910,000;

15 ‘‘Operation and Maintenance, Marine Corps Re16 serve, 2009/2009’’, $1,250,000;

17 ‘‘Operation and Maintenance, Air Force Reserve,

18 2009/2009’’, $163,786,000;

19 ‘‘Operation and Maintenance, Army National

20 Guard, 2009/2009’’, $57,819,000;

21 ‘‘Operation and Maintenance, Air National

22 Guard, 2009/2009’’, $250,645,000;

23 ‘‘Aircraft Procurement, Army, 2009/2011’’,

24 $11,500,000;
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1 ‘‘Procurement of Ammunition, Army, 2009/

2 2011’’, $107,100,000;

3 ‘‘Other Procurement, Army, 2009/2011’’,

4 $195,000,000;

5 ‘‘Procurement, Marine Corps, 2009/2011’’,

6 $10,300,000;

7 ‘‘Procurement, Defense-Wide, 2009/2011’’,

8 $6,400,000;

9 ‘‘Research, Development, Test and Evaluation,

10 Army, 2009/2010’’, $202,710,000;

11 ‘‘Research, Development, Test and Evaluation,

12 Navy, 2009/2010’’, $270,260,000; and

13 ‘‘Research, Development, Test and Evaluation,

14 Air Force, 2009/2010’’, $392,567,000.

15 SEC. 309. None of the funds appropriated or otherwise

16 made available by this title may be obligated or expended

17 to provide award fees to any defense contractor contrary

18 to the provisions of section 814 of the National Defense Au19 thorization Act, Fiscal Year 2007 (Public Law 109–364).

20 SEC. 310. None of the funds provided in this title may

21 be used to finance programs or activities denied by Congress

22 in fiscal years 2008 or 2009 appropriations to the Depart23 ment of Defense or to initiate a procurement or research,

24 development, test and evaluation new start program with-
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1 out prior written notification to the congressional defense

2 committees.

3 SEC. 311. None of the funds appropriated or otherwise

4 made available by this or any other Act shall be obligated

5 or expended by the United States Government for the pur6 pose of establishing any military installation or base for

7 the purpose of providing for the permanent stationing of

8 United States Armed Forces in Afghanistan.

9 SEC. 312. (a) REPEAL OF SECRETARY OF DEFENSE

10 REPORTS ON TRANSITION READINESS OF IRAQ AND AF11 GHAN SECURITY FORCES.—Subsection (a) of section 9205

12 of Public Law 110–252 (122 Stat. 2412) is repealed.

13 (b) MODIFICATION OF REPORTS ON USE OF CERTAIN

14 SECURITY FORCES FUNDS.—

15 (1) PREPARATION IN CONSULTATION WITH COM16 MANDER OF CENTCOM.—Subsection (b)(1) of such sec17 tion is amended by inserting ‘‘the Commander of the

18 United States Central Command;’’ after ‘‘the Sec19 retary of Defense;’’.

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

21 further amended by striking ‘‘not later than 120 days

22 after the date of the enactment of this Act and every

23 90 days thereafter’’ and inserting ‘‘not later than 45

24 days after the end of each fiscal year quarter’’.
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1 (3) FUNDS COVERED BY REPORTS.—Such sub2 section is further amended by striking ‘‘and ‘Afghani3 stan Security Forces Fund’ ’’ and inserting ‘‘, ‘Af4 ghanistan Security Forces Fund’, and ‘Pakistan

5 Counterinsurgency Capability Fund’ ’’.

6 (c) NOTICE NEW PROJECTS AND TRANSFERS OF

7 FUNDS.—Subsection (c) of such section is amended by strik8 ing ‘‘the headings’’ and all that follows and inserting ‘‘the

9 headings as follows:

10 ‘‘(1) ‘Iraq Security Forces Fund’.

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

12 ‘‘(3) ‘Pakistan Counterinsurgency Capability

13 Fund’.’’.

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

15 section shall take effect on the date of the enactment of this

16 Act.

17 SEC. 313. (a) Section 1174(h)(1) of title 10, United

18 States Code, is amended to read as follows:

19 ‘‘(1) A member who has received separation pay

20 under this section, or separation pay, severance pay,

21 or readjustment pay under any other provision of

22 law, based on service in the armed forces, and who

23 later qualifies for retired or retainer pay under this

24 title or title 14 shall have deducted from each pay25 ment of such retired or retainer pay an amount, in
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1 such schedule of monthly installments as the Sec2 retary of Defense shall specify, taking into account

3 the financial ability of the member to pay and avoid4 ing the imposition of undue financial hardship on the

5 member and member’s dependents, until the total

6 amount deducted is equal to the total amount of sepa7 ration pay, severance pay, and readjustment pay so

8 paid.’’.

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

10 Code, is amended to read as follows:

11 ‘‘(3)(A) A member who has received the vol12 untary separation incentive and who later qualifies

13 for retired or retainer pay under this title shall have

14 deducted from each payment of such retired or re15 tainer pay an amount, in such schedule of monthly

16 installments as the Secretary of Defense shall specify,

17 taking into account the financial ability of the mem18 ber to pay and avoiding the imposition of undue fi19 nancial hardship on the member and member’s de20 pendents, until the total amount deducted is equal to

21 the total amount of separation pay, severance pay,

22 and readjustment pay so paid. If the member elected

23 to have a reduction in voluntary separation incentive

24 for any period pursuant to paragraph (2), the deduc-
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1 tion required under the preceding sentence shall be re2 duced as the Secretary of Defense shall specify.’’.

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

4 section shall apply to any repayments of separation pay,

5 severance pay, readjustment pay, special separation benefit,

6 or voluntary separation incentive, that occur on or after

7 the date of enactment, including any ongoing repayment

8 actions that were initiated prior to this amendment.

9 SEC. 314. (a) IN GENERAL.—Unless otherwise des10 ignated, each amount in this title is designated as being

11 for overseas deployments and other activities pursuant to

12 sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th

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

14 year 2010.

15 (b) EXCEPTION.—Subsection (a) shall not apply to the

16 amount rescinded in section 308 for ‘‘Operation and Main17 tenance, Air Force’’.

18 SEC. 315. (a) REPORTS REQUIRED.—Not later than

19 60 days after the date of the enactment of this Act and every

20 90 days thereafter, the President shall submit to the mem21 bers and committees of Congress specified in subsection (b)

22 a report on the prisoner population at the detention facility

23 at Naval Station Guantanamo Bay, Cuba.
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1 (b) SPECIFIED MEMBERS AND COMMITTEES OF CON2 GRESS.—The members and committees of Congress specified

3 in this subsection are the following:

4 (1) The majority leader and minority leader of

5 the Senate.

6 (2) The Chairman and Ranking Member on the

7 Committee on Armed Services of the Senate.

8 (3) The Chairman and Vice Chairman of the Se9 lect Committee on Intelligence of the Senate.

10 (4) The Speaker of the House of Representatives.

11 (5) The minority leader of the House of Rep12 resentatives.

13 (6) The Chairman and Ranking Member on the

14 Committee on Armed Services of the House of Rep15 resentatives.

16 (7) The Chairman and Vice Chairman of the

17 Permanent Select Committee on Intelligence of the

18 House of Representatives

19 (c) MATTERS TO BE INCLUDED.—Each report sub20 mitted under subsection (a) shall include the following:

21 (1) The name and country of origin of each de22 tainee at the detention facility at Naval Station

23 Guantanamo Bay, Cuba, as of the date of such report.

24 (2) A current summary of the evidence, intel25 ligence, and information used to justify the detention
32

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1 of each detainee listed under paragraph (1) at Naval

2 Station Guantanamo Bay.

3 (3) A current accounting of all the measures

4 taken to transfer each detainee listed under para5 graph (1) to the individual’s country of citizenship or

6 another country.

7 (4) A current description of the number of indi8 viduals released or transferred from detention at

9 Naval Station Guantanamo Bay who are confirmed

10 or suspected of returning to terrorist activities after

11 release or transfer from Naval Station Guantanamo

12 Bay.

13 (5) An assessment of any efforts by al Qaeda to

14 recruit detainees released from detention at Naval

15 Station Guantanamo Bay.

16 (6) For each detainee listed under paragraph

17 (1), a threat assessment that includes—

18 (A) an assessment of the likelihood that such

19 detainee may return to terrorist activity after re20 lease or transfer from Naval Station Guanta21 namo Bay;

22 (B) an evaluation of the status of any reha23 bilitation program in such detainee’s country of

24 origin, or in the country such detainee is antici25 pated to be transferred to; and
33

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1 (C) an assessment of the risk posed to the

2 American people by the release or transfer of

3 such detainee from Naval Station Guantanamo

4 Bay.

5 (d) ADDITIONAL MATTERS TO BE INCLUDED IN INI6 TIAL REPORT.—The first report submitted under subsection

7 (a) shall also include the following:

8 (1) A description of the process that was pre9 viously used for screening the detainees described by

10 subsection (c)(4) prior to their release or transfer

11 from detention at Naval Station Guantanamo Bay,

12 Cuba.

13 (2) An assessment of the adequacy of that screen14 ing process for reducing the risk that detainees pre15 viously released or transferred from Naval Station

16 Guantanamo Bay would return to terrorist activities

17 after release or transfer from Naval Station Guanta18 namo Bay.

19 (3) An assessment of lessons learned from pre20 vious releases and transfers of individuals who re21 turned to terrorist activities for reducing the risk that

22 detainees released or transferred from Naval Station

23 Guantanamo Bay will return to terrorist activities

24 after their release or transfer.
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1 (e) FORM.—Each report submitted under subsection

2 (a), or parts thereof, may be submitted in classified form.

3 (f) LIMITATION ON RELEASE OR TRANSFER.—No de4 tainee detained at the detention facility at Naval Station

5 Guantanamo Bay, Cuba, as of the date of the enactment

6 of this Act may be released or transferred to another country

7 until the President—

8 (1) submits to Congress the first report required

9 by subsection (a); or

10 (2) certifies to the members and committees of

11 Congress specified in subsection (b) that such action

12 poses no threat to the members of the United States

13 Armed Forces.

14 (g) SENSE OF SENATE.—It is the sense of the Senate

15 that the Secretary of Defense should consult with State and

16 local government officials before making any decision about

17 where detainees at Naval Station Guantanamo Bay, Cuba,

18 might be transferred, housed, or otherwise incarcerated as

19 a result of the implementation of the Executive Order of

20 the President to close the detention facilities at Naval Sta21 tion Guantanamo Bay.
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1 TITLE IV

2 DEPARTMENT OF DEFENSE—CIVIL

3 DEPARTMENT OF THE ARMY

4 CORPS OF ENGINEERS—CIVIL

5 OPERATION AND MAINTENANCE

6 For an additional amount for ‘‘Operation and Mainte7 nance’’ to dredge navigation channels and repair damage

8 to Corps projects nationwide related to natural disasters,

9 $38,375,000, to remain available until expended: Provided,

10 That the Assistant Secretary of the Army for Civil Works

11 shall provide a monthly report to the Committees on Appro12 priations of the House of Representatives and the Senate

13 detailing the allocation and obligation of these funds, begin14 ning not later than 60 days after enactment of this Act:

15 Provided further, That the amount under this heading is

16 designated as an emergency requirement and necessary to

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

18 423(b) of S. Con. Res. 13 (111th Congress), the concurrent

19 resolution on the budget for fiscal year 2010.

20 FLOOD CONTROL AND COASTAL EMERGENCIES

21 For an additional amount for ‘‘Flood Control and

22 Coastal Emergencies’’, as authorized by section 5 of the Act

23 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses

24 relating to the consequences of natural disasters as author25 ized by law, $804,290,000, to remain available until ex-
36

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1 pended: Provided, That the Secretary of the Army is di2 rected to use $315,290,000 of the funds appropriated under

3 this heading to support emergency operations, repair eligi4 ble projects nationwide, and for other activities in response

5 to natural disasters: Provided further, That the Secretary

6 of the Army is directed to use $489,000,000 of the amount

7 provided under this heading for barrier island restoration

8 and ecosystem restoration to restore historic levels of storm

9 damage reduction to the Mississippi Gulf Coast: Provided

10 further, That this work shall be carried out at full Federal

11 expense: Provided further, That the Assistant Secretary of

12 the Army for Civil Works shall provide a monthly report

13 to the Committees on Appropriations of the House of Rep14 resentatives and the Senate detailing the allocation and ob15 ligation of these funds, beginning not later than 60 days

16 after enactment of this Act: Provided further, That the

17 amount under this heading is designated as an emergency

18 requirement and necessary to meet emergency needs pursu19 ant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th

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

21 year 2010.
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1 DEPARTMENT OF ENERGY

2 ENERGY PROGRAMS

3 STRATEGIC PETROLEUM RESERVE

4 (TRANSFER OF FUNDS)

5 For an additional amount for the ‘‘Strategic Petro6 leum Reserve’’ account, $21,585,723, to remain available

7 until expended, to be derived by transfer from the ‘‘SPR

8 Petroleum Account’’ for site maintenance activities: Pro9 vided, That the amount under this heading is designated

10 as an emergency requirement and necessary to meet emer11 gency needs pursuant to sections 403(a) and 423(b) of S.

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

13 the budget for fiscal year 2010.

14 NATIONAL NUCLEAR SECURITY ADMINISTRATION

15 WEAPONS ACTIVITIES

16 (TRANSFER OF FUNDS)

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

18 $34,500,000, to remain available until expended, to be di19 vided among the three national security laboratories of

20 Livermore, Sandia and Los Alamos to fund a sustainable

21 capability to analyze nuclear and biological weapons intel22 ligence: Provided, That the Director of National Intelligence

23 shall provide a written report to the Senate Appropriations

24 Committee, the Senate Armed Services Committee and the

25 Senate Select Committee on Intelligence within 90 days of
38

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1 enactment on how the National Nuclear Security Adminis2 tration will invest these resources in technical and core ana3 lytical capabilities: Provided further, That the amount

4 under this heading is designated as being for overseas de5 ployments and other activities pursuant to sections

6 401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress),

7 the concurrent resolution on the budget for fiscal year 2010.

8 DEFENSE NUCLEAR NONPROLIFERATION

9 For an additional amount for ‘‘Defense Nuclear Non10 proliferation’’ in the National Nuclear Security Adminis11 tration, $55,000,000, to remain available until expended,

12 for the International Nuclear Materials Protection and Co13 operation Program to counter emerging threats at nuclear

14 facilities in Russia and other countries of concern through

15 detecting and deterring insider threats through security up16 grades: Provided, That the amount under this heading is

17 designated as being for overseas deployments and other ac18 tivities pursuant to sections 401(c)(4) and 423(a) of S. Con.

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

20 budget for fiscal year 2010.

21 GENERAL PROVISIONS—THIS TITLE

22 LIMITED TRANSFER AUTHORITY

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

24 American Recovery and Reinvestment Act of 2009 (Public
39

† HR 2346 EAS

1 Law 111–5) is amended by striking all of the text and in2 serting the following:

3 ‘‘SEC. 403. LIMITED TRANSFER AUTHORITY.

4 ‘‘The Secretary of Energy may transfer up to 0.5 per5 cent from each amount appropriated to the Department of

6 Energy in this title to any other appropriate account with7 in the Department of Energy, to be used for management

8 and oversight activities: Provided, That the Secretary shall

9 provide a report to the Committees on Appropriations of

10 the House of Representatives and the Senate 15 days prior

11 to any transfer: Provided further, That any funds so trans12 ferred under this section shall remain available for obliga13 tion until September 30, 2012.’’.

14 WAIVER OF FEDERAL EMPLOYMENT REQUIREMENTS

15 SEC. 402. Section 4601(c)(1) of the Atomic Energy De16 fense Act (50 U.S.C. 2701(c)(1)) is amended by striking

17 ‘‘September 30, 2008’’ and inserting ‘‘September 30, 2009’’.

18 CORPS OF ENGINEERS TECHNICAL FIX

19 SEC. 403. (a) IN GENERAL.—Section 3181 of the

20 Water Resources Development Act of 2007 (Public Law

21 110–114; 121 Stat. 1158) is amended—

22 (1) in subsection (a)—

23 (A) by redesignating paragraphs (4)

24 through (11) as paragraphs (5), (6), (8), (9),

25 (10), (11), (12), and (13), respectively;
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1 (B) by inserting after paragraph (3) the fol2 lowing:

3 ‘‘(4) NORTHEAST HARBOR, MAINE.—The project

4 for navigation, Northeast Harbor, Maine, authorized

5 by section 2 of the Act of March 2, 1945 (59 Stat.

6 12).’’; and

7 (C) by inserting after paragraph (6) (as re8 designated by subparagraph (A)) the following:

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

10 navigation, Tenants Harbor, Maine, authorized by

11 the first section of the Act of March 2, 1919 (40 Stat.

12 1275).’’; and

13 (2) in subsection (h)—

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

15 and

16 (B) by redesignating paragraphs (17)

17 through (29) as paragraphs (15) through (27),

18 respectively.

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall take effect as if included in the Water Re21 sources Development Act of 2007 (Public Law 110–114; 121

22 Stat. 1041)

23 CORPS OF ENGINEERS REPROGRAMMING AUTHORITY

24 SEC. 404. Unlimited reprogramming authority is

25 granted to the Secretary of the Army for funds provided
41

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1 in title IV—Energy and Water Development of Public Law

2 111–5 under the heading ‘‘Department of Defense—Civil,

3 Department of the Army, Corps of Engineers—Civil’’.

4 BUREAU OF RECLAMATION REPROGRAMMING AUTHORITY

5 SEC. 405. Unlimited reprogramming authority is

6 granted to the Secretary of the Interior for funds provided

7 in title IV—Energy and Water Development of Public Law

8 111–5 under the heading ‘‘Bureau of Reclamation, Water

9 and Related Resources’’.

10 COST ANALYSIS OF TRITIUM PROGRAM CHANGES

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

12 shall be provided to fund activities related to the mission

13 relocation of either the design authority for the gas transfer

14 systems or tritium research and development facilities dur15 ing the current fiscal year and until the Department can

16 provide the Senate Appropriations Committee an inde17 pendent technical mission review and cost analysis by the

18 JASON’s as proposed in the Complex Transformation Site19 Wide Programmatic Environmental Impact Statement.

20 CORPS OF ENGINEERS PROJECT COST CEILING INCREASE

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

22 Newport Bay, California, authorized by section 101(b)(9)

23 of the Water Resources Development Act of 2000 (114 Stat.

24 2577), is modified to authorize the Secretary to construct

25 the project at a total cost of $50,659,000, with an estimated
42

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1 Federal cost of $32,928,000 and a non-Federal cost of

2 $17,731,000.

3 SEC. 408. None of the funds provided in the matter

4 under the heading entitled ‘‘Department of Defense—Civil’’

5 in this Act, or provided by previous appropriations Acts

6 under the heading entitled ‘‘Department of Defense—Civil’’

7 may be used to deconstruct any work (including any par8 tially completed work) completed under the Mississippi

9 River and Tributaries Project authorized by the Act of May

10 15, 1928 (45 2 Stat. 534; 100 Stat. 4183), during fiscal

11 year 2009, 2010, and 2011.

12 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

13 PROGRAM

14 SEC. 409. The matter under the heading ‘‘Title 17 In15 novative Technology Loan Guarantee Program’’ of title III

16 of division C of the Omnibus Appropriations Act, 2009

17 (Public Law 111–8; 123 Stat. 619) is amended in the ninth

18 proviso—

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

20 (2) by striking ‘‘the guarantee’’ and inserting

21 ‘‘the guarantee; (e) contracts, leases or other agree22 ments entered into prior to May 1, 2009 for front-end

23 nuclear fuel cycle projects, where such project licenses

24 technology from the Department of Energy, and pays

25 royalties to the federal government for such license
43

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1 and the amount of such royalties will exceed the

2 amount of federal spending, if any, under such con3 tracts, leases or agreements; or (f) grants or coopera4 tive agreements, to the extent that obligations of such

5 grants or cooperative agreements have been recorded

6 in accordance with section 1501(a)(5) of title 31,

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

8 TITLE V

9 DEPARTMENT OF THE TREASURY

10 DEPARTMENTAL OFFICES

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Departmental Offices,

14 Salaries and Expenses’’, $4,000,000, to remain available

15 until December 31, 2010: Provided, That, not later than

16 10 days following enactment of this Act, the Secretary of

17 the Treasury shall transfer funds provided under this head18 ing to an account to be designated for the necessary expenses

19 of the Financial Crisis Inquiry Commission established

20 pursuant to section 5 of the Fraud Enforcement and Recov21 ery Act of 2009: Provided further, That the amount under

22 this heading is designated as an emergency requirement

23 and necessary to meet emergency needs pursuant to sections

24 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the

25 concurrent resolution on the budget for fiscal year 2010.
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1 EXECUTIVE OFFICE OF THE PRESIDENT AND

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 NATIONAL SECURITY COUNCIL

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and Ex6 penses’’, $2,936,000, of which $800,000 shall remain avail7 able until expended and $2,136,000 shall remain available

8 until September 30, 2010: Provided, That the amount under

9 this heading is designated as being for overseas deployments

10 and other activities pursuant to sections 401(c)(4) and

11 423(a) of S. Con. Res. 13 (111th Congress), the concurrent

12 resolution on the budget for fiscal year 2010.

13 PANDEMIC PREPAREDNESS AND RESPONSE

14 (INCLUDING TRANSFERS OF FUNDS)

15 For an amount to be deposited into an account for

16 ‘‘Pandemic Preparedness and Response’’ to be established

17 within the Executive Office of the President for expenses to

18 prepare for and respond to a potential pandemic disease

19 outbreak and to assist international efforts to control the

20 spread of such an outbreak, including for the 2009–H1N1

21 influenza outbreak, $1,500,000,000, to remain available

22 until September 30, 2010, and to be transferred by the Di23 rector of the Office of Management and Budget as follows:

24 $900,000,000 shall be transferred to and merged with funds

25 made available under the heading ‘‘Department of Health
45

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1 and Human Services, Public Health and Social Services

2 Emergency Fund’’ for allocation by the Secretary;

3 $190,000,000 shall be transferred to and merged with funds

4 made available for the United States Department of Home5 land Security under the heading ‘‘Departmental Manage6 ment and Operations, Office of the Secretary and Executive

7 Management’’ for allocation by the Secretary; $100,000,000

8 shall be transferred to and merged with funds made avail9 able for the United States Department of Agriculture under

10 the heading ‘‘Agricultural Programs, Production, Proc11 essing and Marketing, Office of the Secretary’’ for allocation

12 by the Secretary; $50,000,000 shall be transferred to and

13 merged with funds made available under the heading ‘‘De14 partment of Health and Human Services, Food and Drug

15 Administration, Salaries and Expenses’’; $110,000,000

16 shall be transferred to and merged with funds made avail17 able under the heading ‘‘Department of Veterans Affairs,

18 Veterans Health Administration, Medical Services’’; and

19 $150,000,000 shall be transferred to and merged with funds

20 made available under the heading ‘‘Bilateral Economic As21 sistance, Funds Appropriated to the President, Global

22 Health and Child Survival’’, to support programs of the

23 United States Agency for International Development: Pro24 vided, That such transfers shall be made not more than 10

25 days after the date of enactment of this Act: Provided fur-
46

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1 ther, That none of the funds provided under this heading

2 shall be available for obligation until 15 days following the

3 submittal of a detailed spending plan by each Department

4 receiving funds to the Committees on Appropriations of the

5 House of Representatives and the Senate: Provided further,

6 That the transfer authority provided under this heading is

7 in addition to any other transfer authority available in this

8 or any other Act: Provided further, That the amount under

9 this heading is designated as an emergency requirement

10 and necessary to meet emergency needs pursuant to sections

11 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the

12 concurrent resolution on the budget for fiscal year 2010.

13 THE JUDICIARY

14 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

15 JUDICIAL SERVICES

16 SALARIES AND EXPENSES

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount for ‘‘Salaries and Ex19 penses’’, $10,000,000, to remain available until September

20 30, 2010: Provided, That notwithstanding section 302 of di21 vision D of Public Law 111–8, funding shall be available

22 for transfer between Judiciary accounts to meet increased

23 workload requirements resulting from immigration and

24 other law enforcement initiatives on the Southwest border:

25 Provided further, That the amount under this heading is
47

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1 designated as being for overseas deployments and other ac2 tivities pursuant to sections 401(c)(4) and 423(a) of S. Con.

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

4 budget for fiscal year 2010.

5 INDEPENDENT AGENCIES

6 SECURITIES AND EXCHANGE COMMISSION

7 SALARIES AND EXPENSES

8 For an additional amount for necessary expenses for

9 the Securities and Exchange Commission, $10,000,000, to

10 remain available until September 30, 2010, for investiga11 tion of securities fraud: Provided, That the amount under

12 this heading is designated as an emergency requirement

13 and necessary to meet emergency needs pursuant to sections

14 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the

15 concurrent resolution on the budget for fiscal year 2010.

16 GENERAL PROVISIONS—THIS TITLE

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

18 Public Law 110–428 is amended—

19 (1) in the matter before clause (i), by striking

20 ‘‘4-year’’ and inserting ‘‘5-year’’; and

21 (2) in clause (i), by striking ‘‘1-year’’ and in22 serting ‘‘2-year’’.

23 (b) EFFECTIVE DATE.—The amendments made by sub24 section (a) shall take effect as if included in the enactment

25 of Public Law 110–428.
48

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1 SEC. 502. The fourth proviso under the heading ‘‘Dis2 trict of Columbia Funds’’ of title IV of division D of the

3 Omnibus Appropriations Act, 2009 (Public Law 111–8;

4 123 Stat. 655) is amended by striking ‘‘and such title’’ and

5 inserting ‘‘, as amended by laws enacted pursuant to section

6 442(c) of the Home Rule Act of the District of Columbia

7 Home Rule Act of 1973, approved December 24, 1973 (87

8 Stat. 798), and such title, as amended,’’.

9 SEC. 503. Title V of division D of the Omnibus Appro10 priations Act, 2009 (Public Law 111–8) is amended under

11 the heading ‘‘Federal Communications Commission’’ by

12 striking the first proviso and inserting the following: ‘‘Pro13 vided, That of the funds provided, not less than $3,000,000

14 shall be available for developing a national broadband plan

15 pursuant to title VI of division B of the American Recovery

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

17 carrying out any other responsibility pursuant to that

18 title:’’.

19 EXTENSION OF LIMITATIONS

20 SEC. 504. (a) IN GENERAL.—Section 44(f)(1) of the

21 Federal Deposit Insurance Act (12 U.S.C. 1831u(f)(1)) is

22 amended—

23 (1) by redesignating subparagraphs (A) and (B)

24 as clauses (i) and (ii), respectively, and moving the

25 margins 2 ems to the right;
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1 (2) by striking ‘‘evidence of debt by any insured’’

2 and inserting the following: ‘‘evidence of debt by—

3 ‘‘(A) any insured’’; and

4 (3) by striking the period at the end and insert5 ing the following: ‘‘; and

6 ‘‘(B) any nondepository institution oper7 ating in such State, shall be equal to not more

8 than the greater of the State’s maximum lawful

9 annual percentage rate or 17 percent—

10 ‘‘(i) to facilitate the uniform imple11 mentation of federally mandated or feder12 ally established programs and financings

13 related thereto, including—

14 ‘‘(I) uniform accessibility of stu15 dent loans, including the issuance of

16 qualified student loan bonds as set

17 forth in section 144(b) of the Internal

18 Revenue Code of 1986;

19 ‘‘(II) the uniform accessibility of

20 mortgage loans, including the issuance

21 of qualified mortgage bonds and quali22 fied veterans’ mortgage bonds as set

23 forth in section 143 of such Code;

24 ‘‘(III) the uniform accessibility of

25 safe and affordable housing programs
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1 administered or subject to review by

2 the Department of Housing and Urban

3 Development, including—

4 ‘‘(aa) the issuance of exempt

5 facility bonds for qualified resi6 dential rental property as set

7 forth in section 142(d) of such

8 Code;

9 ‘‘(bb) the issuance of low in10 come housing tax credits as set

11 forth in section 42 of such Code,

12 to facilitate the uniform accessi13 bility of provisions of the Amer14 ican Recovery and Reinvestment

15 Act of 2009; and

16 ‘‘(cc) the issuance of bonds

17 and obligations issued under that

18 Act, to facilitate economic devel19 opment, higher education, and

20 improvements to infrastructure,

21 and the issuance of bonds and ob22 ligations issued under any provi23 sion of law to further the same;

24 and
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1 ‘‘(ii) to facilitate interstate commerce

2 generally, including consumer loans, in the

3 case of any person or governmental entity

4 (other than a depository institution subject

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

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

7 subsection (a) shall apply with respect to contracts con8 summated during the period beginning on the date of enact9 ment of this Act and ending on December 31, 2010.

10 TITLE VI

11 DEPARTMENT OF HOMELAND SECURITY

12 U.S. CUSTOMS AND BORDER PROTECTION

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and Ex15 penses’’, $46,200,000, to remain available until September

16 30, 2010, of which $6,200,000 shall be for the care, treat17 ment, and transportation of unaccompanied alien children;

18 and of which $40,000,000 shall be for response to border

19 security issues on the Southwest border of the United States.

20 AIR AND MARINE INTERDICTION, OPERATIONS,

21 MAINTENANCE, AND PROCUREMENT

22 For an additional amount for ‘‘Salaries and Ex23 penses’’, $5,000,000, to remain available until September

24 30, 2010, for response to border security issues on the South25 west border of the United States.
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1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and Ex4 penses’’, $66,800,000, to remain available until September

5 30, 2010, of which $11,800,000 shall be for the care, treat6 ment, and transportation of unaccompanied alien children;

7 and of which $55,000,000 shall be for response to border

8 security issues on the Southwest border of the United States.

9 COAST GUARD

10 OPERATING EXPENSES

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

12 $139,503,000; of which $129,503,000 shall be for Coast

13 Guard operations in support of Operation Iraqi Freedom

14 and Operation Enduring Freedom; and of which

15 $10,000,000 shall be available until September 30, 2010,

16 for High Endurance Cutter maintenance, major repairs,

17 and improvements.

18 FEDERAL EMERGENCY MANAGEMENT AGENCY

19 STATE AND LOCAL PROGRAMS

20 For an additional amount for ‘‘State and Local Pro21 grams’’, $30,000,000 shall be for Operation Stonegarden.

22 GENERAL PROVISIONS—THIS TITLE

23 (INCLUDING RESCISSION)

24 SEC. 601. (a) RESCISSION.—Of amounts previously

25 made available from ‘‘Federal Emergency Management
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1 Agency, Disaster Relief’’ to the State of Mississippi pursu2 ant to section 404 of the Robert T. Stafford Disaster Relief

3 and Emergency Assistance Act (42 U.S.C. 5170c) for Hur4 ricane Katrina, an additional $100,000,000 are rescinded.

5 (b) APPROPRIATION.—For ‘‘Federal Emergency Man6 agement Agency, State and Local Programs’’, there is ap7 propriated an additional $100,000,000, to remain available

8 until expended, for a grant to the State of Mississippi for

9 an interoperable communications system required in the

10 aftermath of Hurricane Katrina: Provided, That the

11 amount under this heading is designated as an emergency

12 requirement and necessary to meet emergency needs pursu13 ant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th

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

15 year 2010.

16 SEC. 602. The Department of Homeland Security Ap17 propriations Act, 2009 (Public Law 110–329) is amended

18 under the heading ‘‘Federal Emergency Management Agen19 cy, Management and Administration’’ after ‘‘the Robert T.

20 Stafford Disaster Relief and Emergency Assistance Act (42

21 U.S.C. 5121 et seq.),’’ by adding ‘‘Cerro Grande Fire Assist22 ance Act of 2000 (division C, title I, 114 Stat. 583),’’.

23 SEC. 603. Notwithstanding any provision under

24 (a)(1)(A) of 15 U.S.C. 2229a specifying that grants must

25 be used to increase the number of fire fighters in fire depart-
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1 ments, the Secretary of Homeland Security may, in making

2 grants described under 15 U.S.C. 2229a for fiscal year 2009

3 or 2010, grant waivers from the requirements of subsection

4 (a)(1)(B), subsection (c)(1), subsection (c)(2), and sub5 section (c)(4)(A), and may award grants for the hiring, re6 hiring, or retention of firefighters.

7 SEC. 604. The Administrator of the Federal Emer8 gency Management Agency shall extend through March

9 2010 reimbursement of case management activities con10 ducted by the State of Mississippi under the Disaster Hous11 ing Assistance Program to individuals in the program on

12 April 30, 2009.

13 SEC. 605. Section 552 of division E of the Consolidated

14 Appropriations Act, 2008 (Public Law 110–161) is amend15 ed by striking ‘‘local educational agencies’’ and inserting

16 ‘‘primary or secondary school sites’’ and by inserting ‘‘and

17 section 406(c)(2)’’ after ‘‘section 406(c)(1)’’.

18 SEC. 606. (a) IN GENERAL.—Each amount in this title

19 is designated as being for overseas deployments and other

20 activities pursuant to sections 401(c)(4) and 423(a) of S.

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

22 the budget for fiscal year 2010.

23 (b) EXCEPTION.—Subsection (a) shall not apply to

24 any amount under section 601 of this title.
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1 SEC. 607. For purposes of qualification for loans made

2 under the Disaster Assistance Direct Loan Program as al3 lowed under Public Law 111–5 relating to disaster declara4 tion DR–1791 (issued September 13, 2008) the base period

5 for tax determining loss of revenue may be fiscal year 2009

6 or 2010.

7 TITLE VII

8 DEPARTMENT OF THE INTERIOR

9 DEPARTMENT-WIDE PROGRAMS

10 WILDLAND FIRE MANAGEMENT

11 (INCLUDING TRANSFER OF FUNDS)

12 For an additional amount to cover necessary expenses

13 for wildfire suppression and emergency rehabilitation ac14 tivities of the Department of the Interior, $50,000,000, to

15 remain available until expended: Provided, That such funds

16 shall only become available if funds provided previously for

17 wildland fire suppression will be exhausted imminently and

18 after the Secretary of the Interior notifies the Committees

19 on Appropriations of the House of Representatives and the

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

21 Provided further, That the Secretary of the Interior may

22 transfer any of these funds to the Secretary of Agriculture

23 if the transfer enhances the efficiency or effectiveness of Fed24 eral wildland fire suppression activities: Provided further,

25 That the amount under this heading is designated as an
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1 emergency requirement and necessary to meet emergency

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

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

4 budget for fiscal year 2010.

5 DEPARTMENT OF AGRICULTURE

6 FOREST SERVICE

7 WILDLAND FIRE MANAGEMENT

8 (INCLUDING TRANSFER OF FUNDS)

9 For an additional amount to cover necessary expenses

10 for wildfire suppression and emergency rehabilitation ac11 tivities of the Forest Service, $200,000,000, to remain avail12 able until expended: Provided, That such funds shall only

13 become available if funds provided previously for wildland

14 fire suppression will be exhausted imminently and after the

15 Secretary of Agriculture notifies the Committees on Appro16 priations of the House of Representatives and the Senate

17 in writing of the need for these additional funds: Provided

18 further, That the Secretary of Agriculture may transfer not

19 more than $50,000,000 of these funds to the Secretary of

20 the Interior if the transfer enhances the efficiency or effec21 tiveness of Federal wildland fire suppression activities: Pro22 vided further, That the amount under this heading is des23 ignated as an emergency requirement and necessary to meet

24 emergency needs pursuant to sections 403(a) and 423(b) of
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1 S. Con. Res. 13 (111th Congress), the concurrent resolution

2 on the budget for fiscal year 2010.

3 GENERAL PROVISIONS—THIS TITLE

4 SEC. 701. Public Law 111–8, division E, title III, De5 partment of Health and Human Services, Agency for Toxic

6 Substances and Disease Registry, Toxic Substances and En7 vironmental Public Health is amended by inserting ‘‘per

8 eligible employee’’ after ‘‘$1,000’’.

9 SEC. 702. (a) Section 1606 of division A, title XVI

10 of Public Law 111–5 shall not be applied to projects carried

11 out by youth conservation organizations under agreement

12 with the Department of the Interior or the Forest Service

13 for which funds were provided in title VII.

14 (b) For purposes of this provision, the term ‘‘youth

15 conservation organizations’’ means not-for-profit organiza16 tions that provide conservation service learning opportuni17 ties for youth 16 to 25 years of age.

18 TITLE VIII

19 DEPARTMENT OF HEALTH AND HUMAN

20 SERVICES

21 ADMINISTRATION FOR CHILDREN AND FAMILIES

22 REFUGEE AND ENTRANT ASSISTANCE

23 For an additional amount for ‘‘Refugee and Entrant

24 Assistance’’ for necessary expenses for unaccompanied alien

25 children as authorized by section 462 of the Homeland Se-
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1 curity Act of 2002 and section 235 of the William Wilber2 force Trafficking Victims Protection Reauthorization Act of

3 2008, $82,000,000, to remain available through September

4 30, 2011: Provided, That the amount under this heading

5 is designated as being for overseas deployments and other

6 activities pursuant to sections 401(c)(4) and 423(a) of S.

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

8 the budget for fiscal year 2010.

9 GENERAL PROVISIONS—THIS TITLE

10 (TRANSFER OF FUNDS)

11 SEC. 801. Section 801(a) of division A of Public Law

12 111–5 is amended by inserting ‘‘, and may be transferred

13 by the Department of Labor to any other account within

14 the Department for such purposes’’ before the end period.

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 802. (a) Notwithstanding any other provision of

17 law, during the period from September 1 through September

18 30, 2009, the Secretary of Education shall transfer to the

19 Career, Technical, and Adult Education account an

20 amount not to exceed $17,678,270 from amounts that would

21 otherwise lapse at the end of fiscal year 2009 and that were

22 originally made available under the Department of Edu23 cation Appropriations Act, 2009 or any Department of

24 Education Appropriations Act for a previous fiscal year.
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1 (b) Funds transferred under this section to the Career,

2 Technical, and Adult Education account shall be obligated

3 by September 30, 2009.

4 (c) Any amounts transferred pursuant to this section

5 shall be for carrying out Adult Education State Grants,

6 and shall be allocated, notwithstanding any other provision

7 of law, only to those States that received funds under that

8 program for fiscal year 2009 that were at least 9.9 percent

9 less than those States received under that program for fiscal

10 year 2008.

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

12 increase those States’ allocations under that program up

13 to the amount they received under that program for fiscal

14 year 2008.

15 (e) The Secretary shall notify the Committees on Ap16 propriations of both Houses of Congress of any transfer pur17 suant to this section.

18 TITLE IX

19 LEGISLATIVE BRANCH

20 CAPITOL POLICE

21 GENERAL EXPENSES

22 For an additional amount for ‘‘Capitol Police, General

23 Expenses’’, $71,606,000, to purchase and install a new

24 radio system for the U.S. Capitol Police, to remain avail25 able until September 30, 2012: Provided, That the Chief of
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1 the Capitol Police may not obligate any of the funds appro2 priated under this heading without approval of an obliga3 tion plan by the Committees on Appropriations of the Sen4 ate and the House of Representatives.

5 CONGRESSIONAL BUDGET OFFICE

6 SALARIES AND EXPENSES

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $2,000,000, to remain available until September

9 30, 2010.

10 GENERAL PROVISION—THIS TITLE

11 SEC. 901. The amount available to the Committee on

12 the Judiciary for expenses, including salaries, under section

13 13(b) of Senate Resolution 73, agreed to March 10, 2009,

14 is increased by $500,000.

15 TITLE X

16 MILITARY CONSTRUCTION

17 MILITARY CONSTRUCTION, ARMY

18 (INCLUDING RESCISSION)

19 For an additional amount for ‘‘Military Construction,

20 Army’’, $1,229,731,000, to remain available until Sep21 tember 30, 2013: Provided, That notwithstanding any other

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

23 to carry out planning and design and military construction

24 projects not otherwise authorized by law: Provided further,

25 That none of the funds provided under this heading for
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1 military construction projects in Afghanistan shall be obli2 gated or expended until the Secretary of Defense certifies

3 to the Committees on Appropriations of both Houses of Con4 gress that a prefinancing statement for each project has

5 been submitted to the North Atlantic Treaty Organization

6 (NATO) for consideration of funding by the NATO Security

7 Investment Program.

8 For an additional amount for ‘‘Military Construction,

9 Army’’, $49,000,000, to remain available until September

10 30, 2013: Provided, That notwithstanding any other provi11 sion of law, such funds may be obligated and expended to

12 carry out planning and design and military construction

13 projects not otherwise authorized by law: Provided further,

14 That the preceding amount in this paragraph is designated

15 as an emergency requirement and necessary to meet emer16 gency needs pursuant to sections 403(a) and 423(b) of S.

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

18 the budget for fiscal year 2010: Provided further, That of

19 the funds appropriated for ‘‘Military Construction, Army’’

20 under Public Law 110–252, $49,000,000 are hereby re21 scinded.

22 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

23 For an additional amount for ‘‘Military Construction,

24 Navy and Marine Corps’’, $243,083,000, to remain avail25 able until September 30, 2013: Provided, That notwith-
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1 standing any other provision of law, such funds may be

2 obligated and expended to carry out planning and design

3 and military construction projects not otherwise authorized

4 by law.

5 MILITARY CONSTRUCTION, AIR FORCE

6 For an additional amount for ‘‘Military Construction,

7 Air Force’’, $265,470,000, to remain available until Sep8 tember 30, 2013: Provided, That notwithstanding any other

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

10 to carry out planning and design and military construction

11 projects not otherwise authorized by law: Provided further,

12 That none of the funds provided under this heading for

13 military construction projects in Afghanistan shall be obli14 gated or expended until the Secretary of Defense certifies

15 to the Committees on Appropriations of both Houses of Con16 gress that a prefinancing statement for each project has

17 been submitted to the North Atlantic Treaty Organization

18 (NATO) for consideration of funding by the NATO Security

19 Investment Program.

20 MILITARY CONSTRUCTION, DEFENSE-WIDE

21 For an additional amount for ‘‘Military Construction,

22 Defense-Wide’’, $181,500,000, to remain available until

23 September 30, 2013: Provided, That notwithstanding any

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

25 expended to carry out planning and design and military
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1 construction projects not otherwise authorized by law: Pro2 vided further, That $1,781,500,000 is hereby authorized for

3 fiscal years 2009 through 2013 for the purposes of this ap4 propriation.

5 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

6 INVESTMENT PROGRAM

7 For an additional amount for ‘‘North Atlantic Treaty

8 Organization Security Investment Program’’,

9 $100,000,000, to remain available until expended: Pro10 vided, That notwithstanding any other provision of law,

11 such funds are authorized for the North Atlantic Treaty Se12 curity Investment Program for purposes of section 2806 of

13 title 10, United States Code, and section 2502 of the Mili14 tary Construction Authorization Act for Fiscal Year 2009

15 (division B of Public Law 110–417).

16 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

17 For deposit into the Department of Defense Base Clo18 sure Account 2005, established by section 2906A(a)(1) of the

19 Defense Base Closure and Realignment Act of 1990 (10

20 U.S.C. 2687 note), $230,900,000, to remain available until

21 expended: Provided, That notwithstanding any other provi22 sion of law, such funds may be obligated and expended to

23 carry out operation and maintenance, planning and design

24 and military construction projects not otherwise authorized

25 by law.
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1 GENERAL PROVISIONS—THIS TITLE

2 SEC. 1001. None of the funds appropriated in this or

3 any other Act may be used to disestablish, reorganize, or

4 relocate the Armed Forces Institute of Pathology, except for

5 the Armed Forces Medical Examiner, until the President

6 has established, as required by section 722 of the National

7 Defense Authorization Act for Fiscal Year 2008 (Public

8 Law 110–181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint

9 Pathology Center, and the Joint Pathology Center is demon10 strably performing the minimum requirements set forth in

11 section 722 of the National Defense Authorization Act for

12 Fiscal Year 2008.

13 SEC. 1002. (a) IN GENERAL.—Unless otherwise des14 ignated, each amount in this title is designated as being

15 for overseas deployments and other activities pursuant to

16 sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th

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

18 year 2010.

19 (b) EXCEPTION.—Subsection (a) shall not apply to

20 any amount under the heading ‘‘Military Construction, De21 fense-Wide’’.
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1 TITLE XI

2 DEPARTMENT OF STATE

3 ADMINISTRATION OF FOREIGN AFFAIRS

4 DIPLOMATIC AND CONSULAR PROGRAMS

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Diplomatic and Con7 sular Programs’’, $645,444,000, to remain available until

8 September 30, 2010, of which $117,983,000 is for World

9 Wide Security Protection and shall remain available until

10 expended: Provided, That the Secretary of State may trans11 fer up to $135,629,000 of the total funds made available

12 under this heading to any other appropriation of any de13 partment or agency of the United States, upon the concur14 rence of the head of such department or agency, to support

15 operations in and assistance for Afghanistan and to carry

16 out the provisions of the Foreign Assistance Act of 1961:

17 Provided further, That of the funds appropriated under this

18 heading, not more than $10,000,000 for public diplomacy

19 activities may be transferred to, and merged with, funds

20 made available under the heading ‘‘International Broad21 casting Operations’’ for broadcasting activities to the Paki22 stan-Afghanistan border region: Provided further, That of

23 the funds appropriated under this heading, $57,000,000

24 shall be made available for aircraft acquisition, mainte25 nance, operations and leases in Afghanistan for the Depart-
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1 ment of State and the United States Agency for Inter2 national Development (USAID), and the uses and oversight

3 of such aircraft shall be the responsibility of the United

4 States Chief of Mission in Afghanistan: Provided further,

5 That of the funds made available pursuant to the previous

6 proviso, $40,000,000 shall be transferred to, and merged

7 with, funds made available under the heading ‘‘United

8 States Agency for International Development, Funds Ap9 propriated to the President, Operating Expenses’’ for the

10 purpose of USAID’s air services: Provided further, That

11 such aircraft utilized by USAID may be used to transport

12 Federal and non-Federal personnel supporting USAID pro13 grams and activities: Provided further, That official travel

14 of other agencies for other purposes may be supported on

15 a reimbursable basis, or without reimbursement when trav16 eling on a space available basis.

17 OFFICE OF INSPECTOR GENERAL

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Office of Inspector

20 General’’, $22,200,000, to remain available until September

21 30, 2010, of which $7,000,000 shall be transferred to the

22 Special Inspector General for Iraq Reconstruction for recon23 struction oversight, and $7,200,000 shall be transferred to

24 the Special Inspector General for Afghanistan Reconstruc25 tion for reconstruction oversight: Provided, That the Special
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1 Inspector General for Afghanistan Reconstruction may ex2 ercise the authorities of subsections (b) through (i) of section

3 3161 of title 5, United States Code (without regard to sub4 section (a) of such section) for funds made available for fis5 cal years 2009 and 2010.

6 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

7 For an additional amount for ‘‘Embassy Security,

8 Construction, and Maintenance’’, $820,500,000, to remain

9 available until expended, for worldwide security upgrades,

10 acquisition, and construction as authorized, and shall be

11 made available for secure diplomatic facilities and housing

12 for United States mission staff in Afghanistan and Paki13 stan, and for mobile mail screening units.

14 INTERNATIONAL ORGANIZATIONS

15 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

16 ACTIVITIES

17 For an additional amount for ‘‘Contributions for

18 International Peacekeeping Activities’’, $721,000,000, to re19 main available until September 30, 2010.
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1 UNITED STATES AGENCY FOR INTERNATIONAL

2 DEVELOPMENT

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 OPERATING EXPENSES

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

6 $112,600,000, to remain available until September 30,

7 2010.

8 CAPITAL INVESTMENT FUND

9 For an additional amount for ‘‘Capital Investment

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

11 OFFICE OF INSPECTOR GENERAL

12 For an additional amount for ‘‘Office of Inspector

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

14 30, 2010, for oversight of programs in Afghanistan and

15 Pakistan.

16 BILATERAL ECONOMIC ASSISTANCE

17 FUNDS APPROPRIATED TO THE PRESIDENT

18 GLOBAL HEALTH AND CHILD SURVIVAL

19 For an additional amount for ‘‘Global Health and

20 Child Survival’’, $50,000,000, to remain available until

21 September 30, 2010, notwithstanding any other provision

22 of law, except for the United States Leadership Against

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

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

25 Fund to Fight AIDS, Tuberculosis and Malaria.
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1 DEVELOPMENT ASSISTANCE

2 For an additional amount for ‘‘Development Assist3 ance’’, $38,000,000, to remain available until September

4 30, 2010, for assistance for Kenya.

5 INTERNATIONAL DISASTER ASSISTANCE

6 For an additional amount for ‘‘International Disaster

7 Assistance’’, $245,000,000, to remain available until ex8 pended.

9 ECONOMIC SUPPORT FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For an additional amount for ‘‘Economic Support

12 Fund’’, $2,828,000,000, to remain available until Sep13 tember 30, 2010: Provided, That of the funds appropriated

14 under this heading, not less than $866,000,000 may be

15 made available for assistance for Afghanistan, of which not

16 less than $100,000,000 shall be made available to support

17 programs that directly address the needs of Afghan women

18 and girls, including for the Afghan Independent Human

19 Rights Commission, the Afghan Ministry of Women’s Af20 fairs, and for women-led nongovernmental organizations:

21 Provided further, That of the funds appropriated under this

22 heading, not less than $115,000,000 shall be made available

23 for the Afghan Reconstruction Trust Fund, of which not less

24 than $70,000,000 shall be made available for the National

25 Solidarity Program: Provided further, That of the funds ap-
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1 propriated under this heading, not less than $11,000,000

2 shall be made available for the Afghan Civilian Assistance

3 Program: Provided further, That of the funds appropriated

4 under this heading, not less than $439,000,000 shall be

5 made available for assistance for Pakistan, of which not

6 more than $215,000,000 shall be made available for eco7 nomic growth programs, including basic education to

8 counter the influence of madrassas; not less than

9 $50,000,000 shall be made available for assistance for inter10 nally displaced persons; and not less than $10,000,000 shall

11 be made available for democracy programs, including to

12 strengthen democratic political parties: Provided further,

13 That of the funds appropriated under this heading that are

14 available for assistance for Afghanistan and Pakistan, not

15 less than $20,000,000 shall be made available for a cross

16 border development program to be administered by the Spe17 cial Representative for Afghanistan and Pakistan at the De18 partment of State: Provided further, That of the funds ap19 propriated under this heading, not less than $439,000,000

20 shall be made available for assistance for Iraq, of which

21 not less than $50,000,000 shall be for the Community Ac22 tion Program and not less than $10,000,000 shall be for

23 the Marla Ruzicka Iraqi War Victims Fund: Provided fur24 ther, That of the funds appropriated under this heading,

25 not less than $150,000,000 shall be made available for as-
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1 sistance for Jordan to mitigate the impact of the global eco2 nomic crisis, including for health, education, water and

3 sanitation, and other assistance for Iraqi and other refugees

4 in Jordan: Provided further, That of the funds appropriated

5 under this heading, not less than $15,000,000 shall be made

6 available for assistance for Yemen; not less than

7 $10,000,000 shall be made available for assistance for So8 malia; and not less than $10,000,000 shall be made avail9 able for programs and activities to assist victims of gender10 based violence in the Democratic Republic of the Congo:

11 Provided further, That funds made available pursuant to

12 the previous proviso shall be administered by the United

13 States Agency for International Development: Provided fur14 ther, That none of the funds appropriated in this title for

15 democracy and civil society programs may be made avail16 able for the construction of facilities in the United States.

17 ASSISTANCE FOR EUROPE, EURASIA, AND CENTRAL ASIA

18 For an additional amount for ‘‘Assistance for Europe,

19 Eurasia and Central Asia’’, $230,000,000, to remain avail20 able until September 30, 2010, of which $200,000,000 may

21 be made available for assistance for Georgia and other Eur22 asian countries: Provided, That of the funds appropriated

23 under this heading, $30,000,000 may be made available for

24 assistance for the Kyrgyz Republic to provide a long-range

25 air traffic control and safety system to support air oper-
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1 ations in the Kyrgyz Republic, including at Manas Inter2 national Airport, notwithstanding any other provision of

3 law.

4 DEPARTMENT OF STATE

5 INTERNATIONAL NARCOTICS CONTROL AND LAW

6 ENFORCEMENT

7 For an additional amount for ‘‘International Nar8 cotics Control and Law Enforcement’’, $393,500,000, to re9 main available until September 30, 2010: Provided, That

10 of the funds appropriated under this heading, not more

11 than $109,000,000 may be made available for assistance for

12 the West Bank and not more than $66,000,000 may be

13 made available for assistance for Mexico.

14 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15 RELATED PROGRAMS

16 For an additional amount for ‘‘Nonproliferation,

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

18 $102,000,000, to remain available until September 30,

19 2010: Provided, That of this amount, not more than

20 $77,000,000, to remain available until expended, may be

21 made available for the Nonproliferation and Disarmament

22 Fund, notwithstanding any other provision of law, of which

23 not more than $50,000,000 may be made available to en24 hance security along the Gaza border: Provided further,

25 That the Secretary of State shall work assiduously to facili-
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1 tate the regular flow of people and licit goods in and out

2 of Gaza at established border crossings and shall submit a

3 report to the Committees on Appropriations not later than

4 45 days after enactment of this Act, and every 45 days

5 thereafter until September 30, 2010, detailing progress in

6 this effort.

7 MIGRATION AND REFUGEE ASSISTANCE

8 For an additional amount for ‘‘Migration and Refugee

9 Assistance’’, $345,000,000, to remain available until ex10 pended.

11 INTERNATIONAL SECURITY ASSISTANCE

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 PEACEKEEPING OPERATIONS

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Peacekeeping Oper16 ations’’, $172,900,000, to remain available until September

17 30, 2010, of which $155,900,000 may be made available to

18 support the African Union Mission to Somalia and which

19 may be transferred to, and merged with, funds appro20 priated under the heading ‘‘Contributions for International

21 Peacekeeping Activities’’ for peacekeeping in Somalia: Pro22 vided, That of the funds appropriated under this heading,

23 $15,000,000 shall be made available for assistance for the

24 Democratic Republic of the Congo and $2,000,000 shall be
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1 made available for the Multinational Force and Observer

2 mission in the Sinai.

3 INTERNATIONAL MILITARY EDUCATION AND TRAINING

4 For an additional amount for ‘‘International Military

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

6 until September 30, 2010, for assistance for Iraq.

7 FOREIGN MILITARY FINANCING PROGRAM

8 For an additional amount for ‘‘Foreign Military Fi9 nancing Program’’, $98,000,000, to remain available until

10 September 30, 2009, for assistance for Lebanon.

11 GENERAL PROVISIONS—THIS TITLE

12 AFGHANISTAN

13 SEC. 1101. (a) IN GENERAL.—Funds appropriated

14 under the heading ‘‘Economic Support Fund’’ that are

15 available for assistance for Afghanistan shall be made avail16 able, to the maximum extent practicable, in a manner that

17 utilizes Afghan entities and emphasizes the participation

18 of Afghan women and directly improves the security, eco19 nomic and social well-being, and political status, of Afghan

20 women and girls.

21 (b) LIMITATION ON CONTRACTS AND GRANTS.—Funds

22 appropriated under the heading ‘‘Economic Support Fund’’

23 that are available for assistance for Afghanistan shall not

24 be used to initiate or make an amendment to any contract,
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1 grant or cooperative agreement in an amount exceeding

2 $10,000,000.

3 (c) ASSISTANCE FOR WOMEN AND GIRLS.—

4 (1) Of the funds appropriated under the heading

5 ‘‘International Narcotics Control and Law Enforce6 ment’’ that are available for assistance for Afghani7 stan, not less than $10,000,000 shall be made avail8 able to train and support Afghan women investiga9 tors, police officers, prosecutors and judges with re10 sponsibility for investigating, prosecuting, and pun11 ishing crimes of violence against women and girls.

12 (2) Of the funds appropriated under the heading

13 ‘‘Economic Support Fund’’ that are available for as14 sistance for Afghanistan, not less than $5,000,000

15 shall be made available for capacity building for Af16 ghan women-led nongovernmental organizations, and

17 not less than $25,000,000 shall be made available to

18 support programs and activities of such organiza19 tions, including to provide legal assistance and train20 ing for Afghan women and girls about their rights,

21 and to promote women’s health (including mental

22 health), education, and leadership.

23 (d) ANTICORRUPTION.—Ten percent of the funds ap24 propriated under the heading ‘‘International Narcotics

25 Control and Law Enforcement’’ that are available for as-
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1 sistance for the Government of Afghanistan shall be with2 held from obligation until the Secretary of State reports to

3 the Committees on Appropriations that the Government of

4 Afghanistan is implementing a policy to promptly remove

5 from office any government official who is credibly alleged

6 to have engaged in narcotics trafficking, gross violations of

7 human rights, or other major crimes.

8 (e) ACQUISITION OF PROPERTY.—Not more than

9 $10,000,000 of the funds appropriated in this title may be

10 made available to pay for the acquisition of property for

11 diplomatic facilities in Afghanistan.

12 (f) UNITED NATIONS DEVELOPMENT PROGRAM.—None

13 of the funds appropriated in this title may be made avail14 able for programs and activities of the United Nations De15 velopment Program (UNDP) in Afghanistan unless the Sec16 retary of State reports to the Committees on Appropriations

17 that UNDP is fully cooperating with efforts of the United

18 States Agency for International Development (USAID) to

19 investigate expenditures by UNDP of USAID funds associ20 ated with the Quick Impact Program in Afghanistan, and

21 has agreed to reimburse USAID, if appropriate.

22 (g) TRAINING IN CIVILIAN-MILITARY COORDINA23 TION.—The Secretary of State, in consultation with the Sec24 retary of Defense and the Administrator of the United

25 States Agency for International Development, shall seek to
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1 ensure that civilian personnel assigned to serve in Afghani2 stan receive civilian-military coordination training that fo3 cuses on counterinsurgency and stability operations, and

4 shall submit a report to the Committees on Appropriations

5 and Foreign Relations of the Senate and the Committees

6 on Appropriations and Foreign Affairs of the House of Rep7 resentatives not later than 90 days after the date of the en8 actment of this Act detailing how such training addresses

9 current and future civilian-military coordination require10 ments.

11 ALLOCATIONS

12 SEC. 1102. (a) Funds appropriated in this title for

13 the following accounts shall be made available for programs

14 and countries in the amounts contained in the respective

15 tables included in the report accompanying this Act:

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

17 (2) ‘‘Embassy Security, Construction, and Main18 tenance’’.

19 (3) ‘‘Economic Support Fund’’.

20 (4) ‘‘International Narcotics Control and Law

21 Enforcement’’.

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

23 only with respect to the tables included in the report accom24 panying this Act, the Secretary of State and the Adminis25 trator of the United States Agency for International Devel-
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1 opment, as appropriate, may propose deviations to the

2 amounts referenced in subsection (a), subject to the regular

3 notification procedures of the Committees on Appropria4 tions and section 634A of the Foreign Assistance Act of

5 1961.

6 BURMA

7 SEC. 1103. (a) Funds appropriated under the heading

8 ‘‘Economic Support Fund’’ for humanitarian assistance for

9 Burma may be made available notwithstanding any other

10 provision of law.

11 (b) Not later than 30 days after enactment of this Act,

12 the Secretary of State shall submit to the Committees on

13 Appropriations a report that details the findings and rec14 ommendations of the Department of State’s review of

15 United States policy toward Burma.

16 EXTENSION OF AUTHORITIES

17 SEC. 1104. Funds appropriated in this title may be

18 obligated and expended notwithstanding section 10 of Pub19 lic Law 91–672, section 15 of the State Department Basic

20 Authorities Act of 1956, section 313 of the Foreign Rela21 tions Authorization Act, Fiscal Years 1994 and 1995 (Pub22 lic Law 103–236), and section 504(a)(1) of the National

23 Security Act of 1947 (50 U.S.C. 414(a)(1)).
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1 GLOBAL FINANCIAL CRISIS

2 SEC. 1105. (a) IN GENERAL.—Of the funds appro3 priated under the heading ‘‘Economic Support Fund’’, not

4 more than $285,000,000 may be made available for assist5 ance for vulnerable populations in developing countries se6 verely affected by the global financial crisis: Provided, That

7 funds made available pursuant to this section may be obli8 gated only after the Administrator of the United States

9 Agency for International Development (USAID) submits a

10 report to the Committees on Appropriations detailing a

11 spending plan for each such country including criteria for

12 eligibility, proposed amounts and purposes of assistance,

13 and mechanisms for monitoring the uses of such assistance,

14 and indicating that USAID has reviewed its existing pro15 grams in such country to determine reprogramming oppor16 tunities to increase assistance for vulnerable populations:

17 Provided further, That funds made available pursuant to

18 this section shall be transferred to, and merged with, the

19 following accounts:

20 (1) Not less than $12,000,000 for the ‘‘Develop21 ment Credit Authority’’, for the cost of direct loans

22 and loan guarantees notwithstanding the dollar limi23 tations in such account on transfers to the account

24 and the principal amount of loans made or guaran25 teed with respect to any single country or borrower:
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1 Provided, That such transferred funds may be made

2 available to subsidize total loan principal, any por3 tion of which is to be guaranteed, of up to

4 $3,300,000,000: Provided further, That the authority

5 provided in this subsection is in addition to authority

6 provided under the heading ‘‘Development Credit Au7 thority’’ in Public Law 111–8: Provided further, That

8 and up to $1,500,000 may be made available for ad9 ministrative expenses to carry out credit programs

10 administered by the United States Agency for Inter11 national Development; and

12 (2) Not more than $20,000,000 for the ‘‘Overseas

13 Private Investment Corporation Program Account’’,

14 notwithstanding section 708(b) of Public Law 111–8:

15 Provided, That such funds shall not be available for

16 administrative expenses of the Overseas Private In17 vestment Corporation.

18 (b) REPROGRAMMING AUTHORITY.—Notwithstanding

19 any other provision of law and in addition to funds other20 wise available for such purposes, funds appropriated under

21 the heading ‘‘Millennium Challenge Corporation’’ (MCC) in

22 prior Acts making appropriations for the Department of

23 State, foreign operations, export financing, and related pro24 grams may be transferred to, and merged with, funds ap-
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1 propriated under the heading ‘‘Economic Support Fund’’

2 that are made available pursuant to this section.

3 (1) The authority contained in subsection (b)

4 may only be exercised for a country that has signed

5 a compact with the MCC or has been designated by

6 the MCC as a threshold country, and such a re7 programming of funds should be made, if practicable,

8 prior to making available additional assistance for

9 such purposes.

10 (2) The MCC shall consult with the Committees

11 on Appropriations prior to exercising the authority of

12 this subsection.

13 IRAQ

14 SEC. 1106. (a) IN GENERAL.—Funds appropriated in

15 this title that are available for assistance for Iraq shall be

16 made available, to the maximum extent practicable, in a

17 manner that utilizes Iraqi entities.

18 (b) MATCHING REQUIREMENT.—Funds appropriated

19 in this title for assistance for Iraq shall be made available

20 in accordance with the Department of State’s April 9, 2009,

21 ‘‘Guidelines for Government of Iraq Financial Participa22 tion in United States Government-Funded Civilian Foreign

23 Assistance Programs and Projects’’.

24 (c) OTHER ASSISTANCE.—Of the funds appropriated

25 in this title under the heading ‘‘Economic Support Fund’’,
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1 not less than $20,000,000 shall be made available for tar2 geted development programs and activities in areas of con3 flict in Iraq, and the responsibility for policy decisions and

4 justifications for the use of such funds shall be the responsi5 bility of the United States Chief of Mission in Iraq.

6 PROHIBITION ON ASSISTANCE FOR HAMAS

7 SEC. 1107. (a) None of the funds appropriated in this

8 title may be made available for assistance to Hamas, or

9 any entity effectively controlled by Hamas or any power10 sharing government of which Hamas is a member.

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

12 assistance may be provided to a power-sharing government

13 only if the President certifies and reports to the Committees

14 on Appropriations that such government, including all of

15 its ministers or such equivalent, has publicly accepted and

16 is complying with the principles contained in section

17 620K(b)(1)(A) and (B) of the Foreign Assistance Act of

18 1961, as amended.

19 (c) The President may exercise the authority in section

20 620K(e) of the Foreign Assistance Act as added by the Pal21 estinian Anti-Terrorism Act of 2006 (Public Law 109–446)

22 with respect to this subsection.

23 (d) Whenever the certification pursuant to subsection

24 (b) is exercised, the Secretary of State shall submit a report

25 to the Committees on Appropriations within 120 days of
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1 the certification and every quarter thereafter on whether

2 such government, including all of its ministers or such

3 equivalent, are continuing to comply with the principles

4 contained in section 620K(b)(1)(A) and (B). The report

5 shall also detail the amount, purposes and delivery mecha6 nisms for any assistance provided pursuant to the

7 abovementioned certification and a full accounting of any

8 direct support of such government.

9 MEXICO

10 SEC. 1108. (a) Not later than 60 days after enactment

11 of this Act, the Secretary of State shall submit a report to

12 the Committees on Appropriations detailing actions taken

13 by the Government of Mexico since June 30, 2008, to inves14 tigate and prosecute violations of internationally recognized

15 human rights by members of the Mexican Federal police

16 and military forces, and to support a thorough, inde17 pendent, and credible investigation of the murder of Amer18 ican citizen Bradley Roland Will.

19 (b) None of the funds appropriated in this title may

20 be made available for the cost of fuel for helicopters provided

21 to Mexico, or for logistical support, including operations

22 and maintenance, of aircraft purchased by the Government

23 of Mexico.

24 (c) In order to enhance border security and coopera25 tion in law enforcement efforts between Mexico and the
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1 United States, funds appropriated in this title that are

2 available for assistance for Mexico may be made available

3 for the procurement of law enforcement communications

4 equipment only if such equipment utilizes open standards

5 and is compatible with, and capable of operating with,

6 radio communications systems and related equipment uti7 lized by Federal law enforcement agencies in the United

8 States to enhance border security and cooperation in law

9 enforcement efforts between Mexico and the United States.

10 MULTILATERAL DEVELOPMENT BANK REPLENISHMENTS

11 SEC. 1109. (a) INTERNATIONAL DEVELOPMENT ASSO12 CIATION.—The International Development Association Act

13 (22 U.S.C. 284 et seq.) is amended by adding at the end

14 thereof the following:

15 ‘‘SEC. 24. FIFTEENTH REPLENISHMENT.

16 ‘‘(a) The United States Governor of the International

17 Development Association is authorized to contribute on be18 half of the United States $3,705,000,000 to the fifteenth re19 plenishment of the resources of the Association, subject to

20 obtaining the necessary appropriations.

21 ‘‘(b) In order to pay for the United States contribution

22 provided for in subsection (a), there are authorized to be

23 appropriated, without fiscal year limitation,

24 $3,705,000,000 for payment by the Secretary of the Treas25 ury.
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1 ‘‘SEC. 25. MULTILATERAL DEBT RELIEF.

2 ‘‘(a) The Secretary of the Treasury is authorized to

3 contribute, on behalf of the United States, not more than

4 $356,000,000 to the International Development Association

5 for the purpose of funding debt relief under the Multilateral

6 Debt Relief Initiative in the period governed by the fifteenth

7 replenishment of resources of the International Development

8 Association, subject to obtaining the necessary appropria9 tions and without prejudice to any funding arrangements

10 in existence on the date of the enactment of this section.

11 ‘‘(b) In order to pay for the United States contribution

12 provided for in subsection (a), there are authorized to be

13 appropriated, without fiscal year limitation, not more than

14 $356,000,000 for payment by the Secretary of the Treasury.

15 ‘‘(c) In this section, the term ‘Multilateral Debt Relief

16 Initiative’ means the proposal set out in the G8 Finance

17 Ministers’ Communique entitled ‘Conclusions on Develop18 ment,’ done at London, June 11, 2005, and reaffirmed by

19 G8 Heads of State at the Gleneagles Summit on July 8,

20 2005.’’.

21 (b) AFRICAN DEVELOPMENT FUND.—The African De22 velopment Fund Act (22 U.S.C. 290 et seq.) is amended

23 by adding at the end thereof the following:

24 ‘‘SEC. 219. ELEVENTH REPLENISHMENT.

25 ‘‘(a) The United States Governor of the Fund is au26 thorized to contribute on behalf of the United States
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1 $468,165,000 to the eleventh replenishment of the resources

2 of the Fund, subject to obtaining the necessary appropria3 tions.

4 ‘‘(b) In order to pay for the United States contribution

5 provided for in subsection (a), there are authorized to be

6 appropriated, without fiscal year limitation, $468,165,000

7 for payment by the Secretary of the Treasury.

8 ‘‘SEC. 220. MULTILATERAL DEBT RELIEF INITIATIVE.

9 ‘‘(a) The Secretary of the Treasury is authorized to

10 contribute, on behalf of the United States, not more than

11 $26,000,000 to the African Development Fund for the pur12 pose of funding debt relief under the Multilateral Debt Re13 lief Initiative in the period governed by the eleventh replen14 ishment of resources of the African Development Fund, sub15 ject to obtaining the necessary appropriations and without

16 prejudice to any funding arrangements in existence on the

17 date of the enactment of this section.

18 ‘‘(b) In order to pay for the United States contribution

19 provided for in subsection (a), there are authorized to be

20 appropriated, without fiscal year limitation, not more than

21 $26,000,000 for payment by the Secretary of the Treas22 ury.’’.
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1 PROMOTION OF POLICY GOALS AT THE WORLD BANK GROUP

2 SEC. 1110. Title XVI of the International Financial

3 Institutions Act (22 U.S.C. 262p et seq.) is amended by

4 adding at the end thereof the following:

5 ‘‘SEC. 1626. REFORM OF THE ‘DOING BUSINESS’ REPORT OF

6 THE WORLD BANK.

7 ‘‘(a) The Secretary of the Treasury shall instruct the

8 United States Executive Directors at the International

9 Bank for Reconstruction and Development, the Inter10 national Development Association, and the International

11 Finance Corporation of the following United States policy

12 goals, and to use the voice and vote of the United States

13 to actively promote and work to achieve these goals:

14 ‘‘(1) Suspension of the use of the ‘Employing

15 Workers’ Indicator for the purpose of ranking or scor16 ing country performance in the annual Doing Busi17 ness Report of the World Bank until a set of indica18 tors can be devised that fairly represent the value of

19 internationally recognized workers’ rights, including

20 core labor standards, in creating a stable and favor21 able environment for attracting private investment.

22 The indicators shall bring to bear the experiences of

23 the member governments in dealing with the eco24 nomic, social and political complexity of labor market

25 issues. The indicators should be developed through col-
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1 laborative discussions with and between the World

2 Bank, the International Finance Corporation, the

3 International Labor Organization, private companies,

4 and labor unions.

5 ‘‘(2) Elimination of the ‘Labor Tax and Social

6 Contributions’ Subindicator from the annual Doing

7 Business Report of the World Bank.

8 ‘‘(3) Removal of the ‘Employing Workers’ Indi9 cator as a ‘guidepost’ for calculating the annual

10 Country Policy and Institutional Assessment score for

11 each recipient country.

12 ‘‘(b) Within 60 days after the date of the enactment

13 of this section, the Secretary of the Treasury shall provide

14 an instruction to the United States Executive Directors re15 ferred to in subsection (a) to take appropriate actions with

16 respect to implementing the policy goals of the United

17 States set forth in subsection (a), and such instruction shall

18 be posted on the website of the Department of the Treasury.

19 ‘‘SEC. 1627. ENHANCING THE TRANSPARENCY AND EFFEC20 TIVENESS OF THE INSPECTION PANEL PROC21 ESS OF THE WORLD BANK.

22 ‘‘(a) ENHANCING TRANSPARENCY IN IMPLEMENTATION

23 OF MANAGEMENT ACTION PLANS.—The Secretary of the

24 Treasury shall direct the United States Executive Directors

25 at the World Bank to seek to ensure that World Bank Proce-
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1 dure 17.55, which establishes the operating procedures of

2 Management with regard to the Inspection Panel, provides

3 that Management prepare and make available to the public

4 semiannual progress reports describing implementation of

5 Action Plans considered by the Board; allow and receive

6 comments from Requesters and other Affected Parties for

7 two months after the date of disclosure of the progress re8 ports; post these comments on World Bank and Inspection

9 Panel websites (after receiving permission from the reques10 tors to post with or without attribution); submit the reports

11 to the Board with any comments received; and make public

12 the substance of any actions taken by the Board after Board

13 consideration of the reports.

14 ‘‘(b) SAFEGUARDING THE INDEPENDENCE AND EFFEC15 TIVENESS OF THE INSPECTION PANEL.—The Secretary of

16 the Treasury shall direct the United States Executive Direc17 tors at the World Bank to continue to promote the inde18 pendence and effectiveness of the Inspection Panel, includ19 ing by seeking to ensure the availability of, and access by

20 claimants to, the Inspection Panel for projects supported

21 by World Bank resources.

22 ‘‘(c) EVALUATION OF COUNTRY SYSTEMS.—The Sec23 retary of the Treasury shall direct the United States Execu24 tive Directors at the World Bank to request an evaluation

25 by the Independent Evaluation Group on the use of country
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1 environmental and social safeguard systems to determine

2 the degree to which, in practice, the use of such systems

3 provides the same level of protection at the project level as

4 do the policies and procedures of the World Bank.

5 ‘‘(d) WORLD BANK DEFINED.—In this section, the

6 term ‘World Bank’ means the International Bank for Re7 construction and Development and the International Devel8 opment Association.’’.

9 CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS

10 ACCOUNTING

11 SEC. 1111. Title XIII of the International Financial

12 Institutions Act (22 U.S.C. 262m et seq.) is amended by

13 adding at the end thereof the following:

14 ‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND GREEN15 HOUSE GAS ACCOUNTING.

16 ‘‘(a) USE OF GREENHOUSE GAS ACCOUNTING.—The

17 Secretary of the Treasury shall seek to ensure that multilat18 eral development banks (as defined in section 1701(c)(4) of

19 this Act) adopt and implement greenhouse gas accounting

20 in analyzing the benefits and costs of individual projects

21 (excluding those with de minimus greenhouse gas emissions)

22 for which funding is sought from the bank.

23 ‘‘(b) EXPANSION OF CLIMATE CHANGE MITIGATION

24 ACTIVITIES.—The Secretary of the Treasury shall work to

25 ensure that the multilateral development banks (as defined
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1 in section 1701(c)(4)) expand their activities supporting

2 climate change mitigation by—

3 ‘‘(1) significantly expanding support for invest4 ments in energy efficiency and renewable energy, in5 cluding zero carbon technologies;

6 ‘‘(2) reviewing all proposed infrastructure invest7 ments to ensure that all opportunities for integrating

8 energy efficiency measures have been considered;

9 ‘‘(3) increasing the dialogue with the govern10 ments of developing countries regarding—

11 ‘‘(A) analysis and policy measures needed

12 for low carbon emission economic development;

13 and

14 ‘‘(B) reforms needed to promote private sec15 tor investments in energy efficiency and renew16 able energy, including zero carbon technologies;

17 and

18 ‘‘(4) integrate low carbon emission economic de19 velopment objectives into multilateral development

20 bank country strategies.

21 ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year

22 after the date of the enactment of this section, and annually

23 thereafter, the Secretary of the Treasury shall submit a re24 port on the status of efforts to implement this section to

25 the Committee on Foreign Relations and the Committee on
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1 Appropriations of the Senate and the Committee on Finan2 cial Services and the Committee on Appropriations of the

3 House of Representatives.’’.

4 MULTILATERAL DEVELOPMENT BANK REFORM

5 SEC. 1112. (a) BUDGET DISCLOSURE.—The Secretary

6 of the Treasury shall seek to ensure that the multilateral

7 development banks make timely, public disclosure of their

8 operating budgets including expenses for staff, consultants,

9 travel and facilities.

10 (b) EVALUATION.—The Secretary of the Treasury shall

11 seek to ensure that multilateral development banks rigor12 ously evaluate the development impact of selected bank

13 projects, programs, and financing operations, and empha14 size use of random assignment in conducting such evalua15 tions, where appropriate and to the extent feasible.

16 (c) EXTRACTIVE INDUSTRIES.—The Secretary of the

17 Treasury shall direct the United States Executive Directors

18 at the multilateral development banks to promote the en19 dorsement of the Extractive Industry Transparency Initia20 tive (EITI) by these institutions and the integration of the

21 principles of the EITI into extractive industry-related

22 projects that are funded by the multilateral development

23 banks.

24 (d) REPORT.—Not later than September 30, 2009, the

25 Secretary of the Treasury shall submit a report to the Com-
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1 mittee on Appropriations and the Committee on Foreign

2 Relations of the Senate, and the Committee on Appropria3 tions and the Committee on Foreign Affairs of the House,

4 detailing actions taken by the multilateral development

5 banks to achieve the objectives of this section.

6 (e) COORDINATION OF DEVELOPMENT POLICY.—The

7 Secretary of the Treasury shall coordinate the formulation

8 and implementation of United States policy relating to the

9 development activities of the World Bank Group with the

10 Secretary of State, the Administrator of the United States

11 Agency for International Development, and other Federal

12 agencies, as appropriate.

13 OVERSEAS COMPARABILITY PAY ADJUSTMENT

14 SEC. 1113. (a) Subject to such regulations prescribed

15 by the Secretary of State, including with respect to phase16 in schedule and treatment as basic pay, and notwith17 standing any other provision of law, funds appropriated

18 for this fiscal year in this or any other Act may be used

19 to pay an eligible member of the Foreign Service as defined

20 in subsection (b) of this section a locality-based com21 parability payment (stated as a percentage) up to the

22 amount of the locality-based comparability payment (stated

23 as a percentage) that would be payable to such member

24 under section 5304 of title 5, United States Code if such
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1 member’s official duty station were in the District of Co2 lumbia.

3 (b) A member of the Service shall be eligible for a pay4 ment under this section only if the member is designated

5 class 1 or below for purposes of section 403 of the Foreign

6 Service Act of 1980 (22 U.S.C. 3963) and the member’s offi7 cial duty station is not in the continental United States

8 or in a non-foreign area, as defined in section 591.205 of

9 title 5, Code of Federal Regulations.

10 (c) The amount of any locality-based comparability

11 payment that is paid to a member of the Foreign Service

12 under this section shall be subject to any limitations on pay

13 applicable to locality-based comparability payments under

14 section 5304 of title 5, United States Code.

15 ASSESSMENT ON AFGHANISTAN AND PAKISTAN

16 SEC. 1114. (a) FINDING.—The Congress supports eco17 nomic and security assistance for Afghanistan and Paki18 stan, but long-term stability and security in those countries

19 is tied more to the capacity and conduct of the Afghan and

20 Pakistani governments and the resolve of both societies for

21 peace and stability, to include combating extremist net22 works, than it is to the policies of the United States.

23 (b) REPORT.—The President shall submit a report to

24 the appropriate congressional committees, not later than 90

25 days after the date of enactment of this Act and every 6
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1 months thereafter until September 30, 2010, in classified

2 form if necessary, assessing the extent to which the Afghan

3 and Pakistani governments are demonstrating the necessary

4 commitment, capability, conduct and unity of purpose to

5 warrant the continuation of the President’s policy an6 nounced on March 27, 2009, to include:

7 (1) The level of political consensus and unity of

8 purpose across ethnic, tribal, religious and political

9 party affiliations to confront the political and secu10 rity challenges facing the region;

11 (2) The level of official corruption that under12 mines such political consensus and unity of purpose,

13 and actions taken to eliminate it;

14 (3) The actions taken by the respective security

15 forces and appropriate government entities in devel16 oping a counterinsurgency capability, conducting

17 counterinsurgency operations, and establishing secu18 rity and governance on the ground;

19 (4) The actions taken by the respective intel20 ligence agencies in cooperating with the United States

21 on counterinsurgency and counterterrorism operations

22 and in terminating policies and programs, and re23 moving personnel, that provide material support to

24 extremist networks that target United States troops or

25 undermine United States objectives in the region;
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1 (5) The ability of the Afghan and Pakistani gov2 ernments to effectively control and govern the terri3 tory within their respective borders; and

4 (6) The ways in which United States Govern5 ment assistance contributed, or failed to contribute, to

6 achieving the goals outlined above.

7 (c) POLICY ASSESSMENT.—The President, on the basis

8 of information gathered and coordinated by the National

9 Security Council, shall advise the Congress on how such as10 sessment requires, or does not require, changes to such pol11 icy.

12 (d) DEFINITION.—For purposes of this section, ‘‘ap13 propriate congressional committees’’ means the Committees

14 on Appropriations, Foreign Relations and Armed Services

15 of the Senate, and the Committees on Appropriations, For16 eign Affairs and Armed Services of the House of Represent17 atives.

18 ASSISTANCE FOR PAKISTAN

19 SEC. 1115. (a) FINDINGS.—

20 (1) The United States and the international

21 community have welcomed and supported Pakistan’s

22 return to civilian rule since the democratic elections

23 of February 18, 2008;
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1 (2) Since 2001, the United States has provided

2 more than $12,000,000,000 in economic and security

3 assistance to Pakistan;

4 (3) Afghanistan and Pakistan are facing grave

5 threats to their internal security from a growing in6 surgency fueled by al Qaeda, the Taliban and other

7 violent extremist groups operating in areas along the

8 Afghanistan-Pakistan border; and

9 (4) The United States is committed to sup10 porting vigorous efforts by the Government of Paki11 stan to secure Pakistan’s western border and counter

12 violent extremism, expand government services, sup13 port economic development, combat corruption and

14 uphold the rule of law in such areas.

15 (b) REPORT.—Not later than 90 days after enactment

16 of this Act, the Secretary of State shall submit a report,

17 in classified form if necessary, to the Committees on Appro18 priations detailing—

19 (1) a spending plan for the proposed uses of

20 funds appropriated in this title under the headings

21 ‘‘Economic Support Fund’’ and ‘‘International Nar22 cotics Control and Law Enforcement’’ that are avail23 able for assistance for Pakistan including amounts,

24 the purposes for which funds are to be made available,

25 and intended results;
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1 (2) the actions to be taken by the United States

2 and the Government of Pakistan relating to such as3 sistance;

4 (3) the metrics for measuring progress in achiev5 ing such results; and

6 (4) the mechanisms for monitoring such funds.

7 SPECIAL AUTHORITY

8 SEC. 1116. (a) Notwithstanding any other provision

9 of law, funds appropriated under the headings ‘‘Global

10 HIV/AIDS Initiative’’ or ‘‘Global Health and Child Sur11 vival’’ in prior Acts making appropriations for the Depart12 ment of State, foreign operations, export financing and re13 lated programs for assistance for Kenya to carry out the

14 President’s Emergency Plan for AIDS Relief may be trans15 ferred to, and merged with, funds made available under the

16 heading ‘‘Economic Support Fund’’ to respond to insta17 bility in Kenya arising from conflict or civil strife.

18 (b) The Secretary of State shall consult with the Com19 mittees on Appropriations prior to exercising the authority

20 of this section.

21 SPENDING PLAN AND NOTIFICATION PROCEDURES

22 SEC. 1117. (a) SPENDING PLAN.—Not later than 45

23 days after the enactment of this Act, the Secretary of State,

24 in consultation with the Administrator of the United States

25 Agency for International Development, shall submit to the
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1 Committees on Appropriations a report detailing planned

2 expenditures for funds appropriated in this title, except for

3 funds appropriated under the headings ‘‘International Dis4 aster Assistance’’ and ‘‘Migration and Refugee Assistance’’.

5 (b) NOTIFICATION.—Funds appropriated in this title,

6 with the exception of funds appropriated under the headings

7 ‘‘International Disaster Assistance’’ and ‘‘Migration and

8 Refugee Assistance’’, shall be subject to the regular notifica9 tion procedures of the Committees on Appropriations and

10 section 634A of the Foreign Assistance Act of 1961.

11 TECHNICAL PROVISIONS

12 SEC. 1118. (a) MODIFICATIONS.—The funding limita13 tion in section 7046(a) of Public Law 111–8 shall not apply

14 to funds made available for assistance for Colombia through

15 the United States Agency for International Development’s

16 Office of Transition Initiatives: Provided, That title III of

17 division H of Public Law 111–8 is amended under the

18 heading ‘‘Economic Support Fund’’ in the second proviso

19 by striking ‘‘up to $20,000,000’’ and inserting ‘‘not less

20 than $20,000,000’’.

21 (b) NOTIFICATION REQUIREMENT.—Funds appro22 priated by this Act that are transferred to the Department

23 of State or the United States Agency for International De24 velopment shall be subject to the regular notification proce-
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1 dures of the Committees on Appropriations, notwith2 standing any other provision of law.

3 (c) AUTHORITY.—Funds appropriated in this title,

4 and subsequent and prior acts appropriating funds for De5 partment of State, Foreign Operations, and Related Pro6 grams and under the heading ‘‘Public Law 480 Title II

7 Grants’’ in this, subsequent, and prior Acts appropriating

8 funds for Agriculture, Rural Development, Food and Drug

9 Administration, and Related Agencies, shall be made avail10 able notwithstanding the requirements of and amendments

11 made by section 3511 of Public Law 110–417.

12 (d) REEMPLOYMENT OF ANNUITANTS.—

13 (1) Section 824 of the Foreign Service Act of

14 1980 (22 U.S.C. 4064) is amended in subsection

15 (g)(1)(B) by inserting ‘‘, Pakistan,’’ after ‘‘Iraq’’ each

16 place it appears; by inserting ‘‘to positions in the Re17 sponse Readiness Corps,’’ before ‘‘or to posts vacated’’;

18 and, in subsection (g)(2) by striking ‘‘2009’’ and in19 serting instead ‘‘2012’’.

20 (2) Section 61 of the State Department Basic

21 Authorities Act of 1956 (22 U.S.C. 2733) is amended

22 in subsection (a)(1) by adding ‘‘, Pakistan,’’ after

23 ‘‘Iraq’’ each place it appears; by inserting ‘‘, to posi24 tions in the Response Readiness Corps,’’ before ‘‘or to
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1 posts vacated’’; and, in subsection (a)(2) by striking

2 ‘‘2008’’ and inserting instead ‘‘2012’’.

3 (3) Section 625 of the Foreign Assistance Act of

4 1961 (22 U.S.C. 2385) is amended in subsection

5 (j)(1)(A) by adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ each

6 place it appears; by inserting ‘‘, to positions in the

7 Response Readiness Corps,’’ before ‘‘or to posts va8 cated’’; and, in subsection (J)(1)(B) by striking

9 ‘‘2008’’ and inserting instead ‘‘2012’’.

10 (e) INCENTIVES FOR CRITICAL POSTS.—Notwith11 standing sections 5753(a)(2)(A) and 5754(a)(2)(A) of title

12 5, United States Code, appropriations made available by

13 this or any other Act may be used to pay recruitment, relo14 cation, and retention bonuses under chapter 57 of title 5,

15 United States Code to members of the Foreign Service, other

16 than chiefs of mission and ambassadors at large, who are

17 on official duty in Iraq, Afghanistan, or Pakistan. This au18 thority shall terminate on October 1, 2012.

19 (f) Of the funds appropriated under the heading ‘‘For20 eign Military Financing Program’’ in Public Law 110–161

21 that are available for assistance for Colombia, $500,000

22 may be transferred to, and merged with, funds appro23 priated under the heading ‘‘International Narcotics Control

24 and Law Enforcement’’ to provide medical and rehabilita-
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1 tion assistance for members of Colombian security forces

2 who have suffered severe injuries.

3 TERMS AND CONDITIONS

4 SEC. 1119. Unless otherwise provided for in this Act,

5 funds appropriated or otherwise made available in this title

6 shall be available under the authorities and conditions pro7 vided in the Department of State, Foreign Operations, and

8 Related Programs Appropriations Act, 2009 (division H of

9 Public Law 111–8), except that sections 7042(a) and (c)

10 and 7070(e)(2) of such Act shall not apply to such funds.

11 OVERSEAS DEPLOYMENTS

12 SEC. 1120. Each amount in this title is designated as

13 being for overseas deployments and other activities pursu14 ant to sections 401(c)(4) and 423(a) of S. Con. Res. 13

15 (111th Congress), the concurrent resolution on the budget

16 for fiscal year 2010.

17 AFGHANISTAN AND PAKISTAN POLICY

18 SEC. 1121. (a) OBJECTIVES FOR AFGHANISTAN AND

19 PAKISTAN.—Not later than 60 days after the date of the

20 enactment of this Act, the President shall develop and sub21 mit to the appropriate committees of Congress the following:

22 (1) A clear statement of the objectives of United

23 States policy with respect to Afghanistan and Paki24 stan.
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1 (2) Metrics to be utilized to assess progress to2 ward achieving the objectives developed under para3 graph (1).

4 (b) REPORTS.—

5 (1) IN GENERAL.—Not later than March 30,

6 2010 and every 120 days thereafter until September

7 30, 2011, the President, in consultation with Coali8 tion partners as appropriate, shall submit to the ap9 propriate committees of Congress a report setting

10 forth the following:

11 (A) A description and assessment of the

12 progress of United States Government efforts, in13 cluding those of the Department of Defense, the

14 Department of State, the United States Agency

15 for International Development, and the Depart16 ment of Justice, in achieving the objectives for

17 Afghanistan and Pakistan developed under sub18 section (a)(1).

19 (B) Any modification of the metrics devel20 oped under subsection (a)(2) in light of cir21 cumstances in Afghanistan or Pakistan, together

22 with a justification for such modification.

23 (C) Recommendations for the additional re24 sources or authorities, if any, required to achieve

25 such objectives for Afghanistan and Pakistan.
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1 (2) FORM.—Each report under this subsection

2 may be submitted in classified or unclassified form.

3 Any report submitted in classified form shall include

4 an unclassified annex or summary of the matters con5 tained in the report.

6 (3) APPROPRIATE COMMITTEES OF CONGRESS

7 DEFINED.—In this subsection, the term ‘‘appropriate

8 committees of Congress’’ means—

9 (A) the Committees on Armed Services, Ap10 propriations, Foreign Relations, Homeland Se11 curity and Governmental Affairs, and the Judi12 ciary and the Select Committee on Intelligence of

13 the Senate; and

14 (B) the Committees on Armed Services, Ap15 propriations, Foreign Affairs, Homeland Secu16 rity, and the Judiciary and the Permanent Se17 lect Committee on Intelligence of the House of

18 Representatives.

19 ADDITIONAL AMOUNT FOR ASSISTANCE FOR GEORGIA

20 SEC. 1122. The amount appropriated by this title

21 under the heading ‘‘Assistance for Europe, Eurasia and

22 Central Asia’’ may be increased by up to $42,500,000, with

23 the amount of the increase to be available for assistance for

24 Georgia.
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1 TITLE XII

2 DEPARTMENT OF TRANSPORTATION

3 OFFICE OF THE SECRETARY

4 PAYMENTS TO AIR CARRIERS

5 (AIRPORT AND AIRWAY TRUST FUND)

6 In addition to funds made available under Public Law

7 111–8 and funds authorized under subsection 41742(a)(1)

8 of title 49, United States Code, to carry out the essential

9 air service program, to be derived from the Airport and Air10 way Trust Fund, $13,200,000, to remain available until

11 expended.

12 FEDERAL AVIATION ADMINISTRATION

13 GRANTS-IN-AID FOR AIRPORTS

14 (AIRPORT AND AIRWAY TRUST FUND)

15 (RESCISSION)

16 Of the amounts authorized under sections 48103 and

17 48112 of title 49, United States Code, $13,200,000 are per18 manently rescinded from amounts authorized for the fiscal

19 year ending September 30, 2008.

20 GENERAL PROVISIONS—THIS TITLE

21 SEC. 1201. Section 1937 of Public Law 109–59 (119

22 Stat. 1144, 1510) is amended—

23 (1) in paragraph (1) by striking ‘‘expenditures’’

24 each place that it appears and inserting ‘‘alloca25 tions’’; and
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1 (2) in paragraph (2) by striking ‘‘expenditure’’

2 and inserting ‘‘allocation’’.

3 SEC. 1202. A recipient and subrecipient of funds ap4 propriated in Public Law 111–5 and apportioned pursuant

5 to section 5311 and section 5336 (other than subsection

6 (i)(1) and (j)) of title 49, United States Code, may use up

7 to 10 percent of the amount apportioned for the operating

8 costs of equipment and facilities for use in public transpor9 tation: Provided, That a grant obligating such funds prior

10 to the date of the enactment of this Act may be amended

11 to allow a recipient and subrecipient to use the funds made

12 available for operating assistance: Provided further, That

13 such funds are designated as an emergency requirement

14 pursuant to section 403 of S. Con. Res. 13 (111th Congress),

15 the concurrent resolution on the budget for fiscal year 2010.

16 SEC. 1203. Public Law 110–329, under the heading

17 ‘‘Project-Based Rental Assistance’’, is amended by striking

18 ‘‘project-based vouchers’’ and all that follows up to the pe19 riod and inserting ‘‘activities and assistance for the provi20 sion of tenant-based rental assistance, including related ad21 ministrative expenses, as authorized under the United

22 States Housing Act of 1937, as amended (42 U.S.C. 1437

23 et seq.), $80,000,000, to remain available until expended:

24 Provided, That such funds shall be made available within

25 60 days of the enactment of this Act: Provided further, That
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1 in carrying out the activities authorized under this heading,

2 the Secretary shall waive section (o)(13)(B) of the United

3 States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))’’:

4 Provided, That such additional funds are designated as an

5 emergency requirement pursuant to section 403 of S. Con.

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

7 budget for fiscal year 2010.

8 SEC. 1204. Public Law 111–5 is amended by striking

9 the second proviso under the heading ‘‘HOME Investment

10 Partnerships Program’’ and inserting ‘‘Provided further,

11 That the housing credit agencies in each State shall dis12 tribute these funds competitively under this heading and

13 pursuant to their qualified allocation plan (as defined in

14 section 42(m) of the Internal Revenue Code of 1986) to own15 ers of projects who have received or receive simultaneously

16 an award of low-income housing tax credits under sections

17 42(h) and 1400N of the Internal Revenue Code of 1986:’’.

18 TITLE XIII

19 OTHER MATTERS

20 INTERNATIONAL ASSISTANCE PROGRAMS

21 INTERNATIONAL MONETARY PROGRAMS

22 UNITED STATES QUOTA, INTERNATIONAL MONETARY

23 FUND

24 For an increase in the United States quota in the

25 International Monetary Fund, the dollar equivalent of
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1 4,973,100,000 Special Drawing Rights, to remain available

2 until expended: Provided, That the cost of the amounts pro3 vided herein shall be determined as provided under the Fed4 eral Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): Pro5 vided further, That for purposes of section 502(5) of the

6 Federal Credit Reform Act of 1990, the discount rate in

7 section 502(5)(E) shall be adjusted for market risks: Pro8 vided further, That section 504(b) of the Federal Credit Re9 form Act of 1990 (2 U.S.C. 661c(b)) shall not apply.

10 LOANS TO INTERNATIONAL MONETARY FUND

11 For loans to the International Monetary Fund under

12 section 17(a)(ii) and (b)(ii) of the Bretton Woods Agree13 ments Act (Public Law 87–490, 22 U.S.C. 286e–2), as

14 amended by this Act pursuant to the New Arrangements

15 to Borrow, the dollar equivalent of up to 75,000,000,000

16 Special Drawing Rights, to remain available until ex17 pended, in addition to any amounts previously appro18 priated under section 17 of such Act: Provided, That if the

19 United States agrees to an expansion of its credit arrange20 ment in an amount less than the dollar equivalent of

21 75,000,000,000 Special Drawing Rights, any amount over

22 the United States’ agreement shall not be available until

23 further appropriated: Provided further, That the cost of the

24 amounts provided herein shall be determined as provided

25 under the Federal Credit Reform Act of 1990 (2 U.S.C. 661
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1 et. seq.): Provided further, That for purposes of section

2 502(5) of the Federal Credit Reform Act of 1990, the dis3 count rate in section 502(5)(E) shall be adjusted for market

4 risks: Provided further, That section 504(b) of the Federal

5 Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not

6 apply.

7 GENERAL PROVISIONS—INTERNATIONAL

8 ASSISTANCE PROGRAMS

9 SEC. 1301. Section 17 of the Bretton Woods Agree10 ments Act (22 U.S.C. 286e–2) is amended—

11 (1) in subsection (a)—

12 (A) by inserting ‘‘(1)’’ before ‘‘In order to’’;

13 and

14 (B) by adding at the end the following:

15 ‘‘(2) In order to carry out the purposes of a one16 time decision of the Executive Directors of the Inter17 national Monetary Fund (the Fund) to expand the re18 sources of the New Arrangements to Borrow, estab19 lished pursuant to the decision of January 27, 1997

20 referred to in paragraph (1) above, and to make other

21 amendments to the New Arrangements to Borrow to

22 achieve an expanded and more flexible New Arrange23 ments to Borrow as contemplated by paragraph 17 of

24 the G–20 Leaders’ Statement of April 2, 2009 in Lon25 don, the Secretary of the Treasury is authorized to in-
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1 struct the United States Executive Director to consent

2 to such amendments notwithstanding subsection (d) of

3 this section, and to make loans, in an amount not to

4 exceed the dollar equivalent of 75,000,000,000 Special

5 Drawing Rights, in addition to any amounts pre6 viously authorized under this section and limited to

7 such amounts as are provided in advance in appro8 priations Acts, except that prior to activation, the

9 Secretary of the Treasury shall report to Congress on

10 whether supplementary resources are needed to fore11 stall or cope with an impairment of the international

12 monetary system and whether the Fund has fully ex13 plored other means of funding, to the Fund under ar14 ticle VII, section 1(i), of the Articles of Agreement of

15 the Fund: Provided, That prior to instructing the

16 United States Executive Director to provide consent

17 to such amendments, the Secretary of the Treasury

18 shall consult with the Committee on Foreign Rela19 tions and the Committee on Banking, Housing, and

20 Urban Affairs of the Senate and the Committee on

21 Financial Services of the House of Representatives on

22 the amendments to be made to the New Arrangements

23 to Borrow, including guidelines and criteria gov24 erning the use of its resources; the countries that have

25 made commitments to contribute to the New Arrange-
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1 ments to Borrow and the amount of such commit2 ments; and the steps taken by the United States to ex3 pand the number of countries so the United States

4 share of the expanded New Arrangements to Borrow

5 is representative of its share as of the date of enact6 ment of this Act: Provided further, That any loan

7 under the authority granted in this subsection shall be

8 made with due regard to the present and prospective

9 balance of payments and reserve position of the

10 United States.’’.

11 and

12 (2) in subsection (b)—

13 (A) by inserting ‘‘(1)’’ before ‘‘For the pur14 pose of’’;

15 (B) by inserting ‘‘subsection (a)(1) of’’ after

16 ‘‘pursuant to’’; and

17 (C) by adding at the end the following:

18 ‘‘(2) For the purpose of making loans to the

19 International Monetary Fund pursuant to subsection

20 (a)(2) of this section, there is hereby authorized to be

21 appropriated not to exceed the dollar equivalent of

22 75,000,000,000 Special Drawing Rights, in addition

23 to any amounts previously authorized under this sec24 tion, except that prior to activation, the Secretary of

25 the Treasury shall report to Congress on whether sup-
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1 plementary resources are needed to forestall or cope

2 with an impairment of the international monetary

3 system and whether the Fund has fully explored other

4 means of funding, to remain available until expended

5 to meet calls by the Fund. Any payments made to the

6 United States by the Fund as a repayment on ac7 count of the principal of a loan made under this sec8 tion shall continue to be available for loans to the

9 Fund.’’.

10 SEC. 1302. The Bretton Woods Agreements Act (22

11 U.S.C. 286 et seq.) is amended by adding at the end the

12 following:

13 ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES

14 OF AGREEMENT OF THE FUND.

15 ‘‘The United States Governor of the Fund may agree

16 to and accept the amendments to the Articles of Agreement

17 of the Fund as proposed in the resolutions numbered 63–

18 2 and 63–3 of the Board of Governors of the Fund which

19 were approved by such Board on April 28, 2008 and May

20 5, 2008, respectively.

21 ‘‘SEC. 65. QUOTA INCREASE.

22 ‘‘(a) IN GENERAL.—The United States Governor of the

23 Fund may consent to an increase in the quota of the United

24 States in the Fund equivalent to 4,973,100,000 Special

25 Drawing Rights.
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1 ‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority

2 provided by subsection (a) shall be effective only to such

3 extent or in such amounts as are provided in advance in

4 appropriations Acts.

5 ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE

6 FUND’S GOLD.

7 ‘‘(a) The Secretary of the Treasury is authorized to

8 instruct the United States Executive Director of the Fund

9 to vote to approve the sale of up to 12,965,649 ounces of

10 the Fund’s gold acquired since the second Amendment to

11 the Fund’s Articles of Agreement, only if such sales are con12 sistent with the guidelines agreed to by the Executive Board

13 of the Fund described in the Report of the Managing Direc14 tor to the International Monetary and Financial Committee

15 on a New Income and Expenditure Framework for the

16 International Monetary Fund (April 9, 2008) to prevent

17 disruption to the world gold market: Provided, That at least

18 30 days prior to any such vote, the Secretary shall consult

19 with the Committee on Foreign Relations and the Com20 mittee on Banking, Housing, and Urban Affairs of the Sen21 ate and the Committee on Financial Services of the House

22 of Representatives regarding the use of proceeds from the

23 sale of such gold: Provided further, That the Secretary of

24 the Treasury shall seek to ensure that:
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1 ‘‘(1) the Fund will provide support to low-in2 come countries that are eligible for the Poverty Reduc3 tion and Growth Facility or other low-income lending

4 from the Fund by making available Fund resources of

5 not less than $4 billion;

6 ‘‘(2) such Fund resources referenced above will be

7 used to leverage additional support by a significant

8 multiple to provide loans with substantial

9 concessionality and debt service payment relief and/

10 or grants, as appropriate to a country’s cir11 cumstances:

12 ‘‘(3) support provided through forgiveness of in13 terest on concessional loans will be provided for not

14 less than two years; and

15 ‘‘(4) the support provided to low-income coun16 tries occurs within six years, a substantial amount of

17 which shall occur within the initial two years.

18 ‘‘(b) In addition to agreeing to and accepting the

19 amendments referred to in section 64 of this Act relating

20 to the use of proceeds from the sale of such gold, the United

21 States Governor is authorized, consistent with subsection

22 (a), to take such actions as may be necessary, including

23 those referred to in section 5(e) of this Act, to also use such

24 proceeds for the purpose of assisting low-income countries.
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1 ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES

2 OF AGREEMENT OF THE FUND.

3 ‘‘The United States Governor of the Fund may agree

4 to and accept the amendment to the Articles of Agreement

5 of the Fund as proposed in the resolution numbered 54–

6 4 of the Board of Governors of the Fund which was ap7 proved by such Board on October 22, 1997: Provided, That

8 not more than one year after the acceptance of such amend9 ments to the Fund’s Articles of Agreement, the Secretary

10 of the Treasury shall submit a report to the Committee on

11 Foreign Relations and the Committee on Banking, Hous12 ing, and Urban Affairs of the Senate and the Committee

13 on Financial Services of the House of Representatives ana14 lyzing Special Drawing Rights, to include a discussion of

15 how those countries that significantly use or acquire Special

16 Drawing Rights in accordance with Article XIX, Section

17 2(c), use or acquire them; the extent to which countries expe18 riencing balance of payment difficulties exchange or use

19 their Special Drawing Rights to acquire reserve currencies;

20 and the manner in which those reserve currencies are ac21 quired when utilizing Special Drawing Rights.’’.

22 SEC. 1303. (a) Not later than 30 days after enactment

23 of this Act, the Secretary of the Treasury, in consultation

24 with the Executive Director of the World Bank and the Ex25 ecutive Board of the International Monetary Fund (IMF),

26 shall submit a report to the appropriate congressional com-
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1 mittees detailing the steps taken to coordinate the activities

2 of the World Bank and the IMF to avoid duplication of

3 missions and programs, and steps taken by the Department

4 of the Treasury and the IMF to increase the oversight and

5 accountability of IMF activities.

6 (b) For the purposes of this section, the ‘‘appropriate

7 congressional committees’’ means the Committees on Appro8 priations, Banking, Housing, and Urban Affairs, and For9 eign Relations of the Senate, and the Committees on Appro10 priations, Foreign Affairs, and Ways and Means of the

11 House of Representatives.

12 (c) In the next report to Congress on international eco13 nomic and exchange rate policies, the Secretary of the

14 Treasury shall: (1) report on ways in which the IMF’s sur15 veillance function under Article IV could be enhanced and

16 made more effective in terms of avoiding currency manipu17 lation; (2) report on the feasibility and usefulness of pub18 lishing the IMF’s internal calculations of indicative ex19 change rates; and (3) provide recommendations on the steps

20 that the IMF can take to promote global financial stability

21 and conduct effective multilateral surveillance.

22 (d) The Secretary of the Treasury shall instruct the

23 United States Executive Director of the International Mon24 etary Fund to use the voice and vote of the United States

25 to oppose any loan, project, agreement, memorandum, in-
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1 strument, plan, or other program of the Fund to a Heavily

2 Indebted Poor Country that imposes budget caps or re3 straints that do not allow the maintenance of or an increase

4 in governmental spending on health care or education; and

5 to promote government spending on health care, education,

6 food aid, or other critical safety net programs in all of the

7 Fund’s activities with respect to Heavily Indebted Poor

8 Countries.

9 SEC. 1304. Each amount in this title is designated as

10 being for overseas deployments and other activities pursu11 ant to sections 401(c)(4) and 423(a) of S. Con. Res. 13

12 (111th Congress), the concurrent resolution on the budget

13 for fiscal year 2010.

14 DETAINEE PHOTOGRAPHIC RECORDS PROTECTION

15 SEC. 1305. (a) SHORT TITLE.—This section may be

16 cited as the ‘‘Detainee Photographic Records Protection Act

17 of 2009’’.

18 (b) DEFINITIONS.—In this section:

19 (1) COVERED RECORD.—The term ‘‘covered

20 record’’ means any record—

21 (A) that is a photograph that was taken be22 tween September 11, 2001 and January 22, 2009

23 relating to the treatment of individuals engaged,

24 captured, or detained after September 11, 2001,
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1 by the Armed Forces of the United States in op2 erations outside of the United States; and

3 (B) for which a certification by the Sec4 retary of Defense under subsection (c) is in effect.

5 (2) PHOTOGRAPH.—The term ‘‘photograph’’ en6 compasses all photographic images, whether originals

7 or copies, including still photographs, negatives, dig8 ital images, films, video tapes, and motion pictures.

9 (c) CERTIFICATION.—

10 (1) IN GENERAL.—For any photograph described

11 under subsection (b)(1)(A), the Secretary of Defense

12 shall certify, if the Secretary of Defense, in consulta13 tion with the Chairman of the Joint Chiefs of Staff,

14 determines that the disclosure of that photograph

15 would endanger—

16 (A) citizens of the United States; or

17 (B) members of the Armed Forces or em18 ployees of the United States Government de19 ployed outside the United States.

20 (2) CERTIFICATION EXPIRATION.—A certification

21 submitted under paragraph (1) and a renewal of a

22 certification submitted under paragraph (3) shall ex23 pire 3 years after the date on which the certification

24 or renewal, as the case may be, is submitted to the

25 President.
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1 (3) CERTIFICATION RENEWAL.—The Secretary of

2 Defense may submit to the President—

3 (A) a renewal of a certification in accord4 ance with paragraph (1) at any time; and

5 (B) more than 1 renewal of a certification.

6 (4) CERTIFICATION RENEWAL.—A timely notice

7 of the Secretary’s certification shall be provided to

8 Congress.

9 (d) NONDISCLOSURE OF DETAINEE RECORDS.—A cov10 ered record shall not be subject to—

11 (1) disclosure under section 552 of title 5, United

12 States Code (commonly referred to as the Freedom of

13 Information Act); or

14 (2) disclosure under any proceeding under that

15 section.

16 (e) Nothing in this section shall be construed to pre17 clude the voluntary disclosure of a covered record.

18 (f) EFFECTIVE DATE.—This section shall take effect on

19 the date of enactment of this Act and apply to any photo20 graph created before, on, or after that date that is a covered

21 record.

22 SHORT TITLE

23 SEC. 1306. This section may be cited as the ‘‘OPEN

24 FOIA Act of 2009’’.
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1 SPECIFIC CITATIONS IN STATUTORY EXEMPTIONS

2 SEC. 1307. Section 552(b) of title 5, United States

3 Code, is amended by striking paragraph (3) and inserting

4 the following:

5 ‘‘(3) specifically exempted from disclosure by

6 statute (other than section 552b of this title), if that

7 statute—

8 ‘‘(A)(i) requires that the matters be withheld

9 from the public in such a manner as to leave no

10 discretion on the issue; or

11 ‘‘(ii) establishes particular criteria for

12 withholding or refers to particular types of

13 matters to be withheld; and

14 ‘‘(B) if enacted after the date of enactment

15 of the OPEN FOIA Act of 2009, specifically cites

16 to this paragraph.’’.

17 GENERAL PROVISION—THIS ACT

18 AVAILABILITY OF FUNDS

19 SEC. 1308. No part of any appropriation contained

20 in this Act shall remain available for obligation beyond the

21 current fiscal year unless expressly so provided herein.
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1 This Act may be cited as the ‘‘Supplemental Appro2 priations Act, 2009’’.

Attest:

Secretary.
111TH CONGRESS

1ST SESSION H.R. 2346

AMENDMENT