H. R. 2346 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

Making supplemental appropriations for the fiscal year ending September 30, 2009, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

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

not otherwise appropriated, for the fiscal year ending September 

30, 2009, and for other purposes, namely: 

TITLE I 

DEPARTMENT OF AGRICULTURE 

FOREIGN AGRICULTURAL SERVICE

PUBLIC LAW 480 TITLE II GRANTS

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

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

GENERAL PROVISIONS—THIS TITLE 

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

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

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

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

Secretary of Agriculture, until expended, for expenses under that 

program related to recovery efforts in response to natural disasters. 

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

for the principal amount of direct and guaranteed farm ownership 

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

to be available from funds in the Agricultural Credit Insurance 

Fund, as follows: direct farm ownership loans, $360,000,000; direct 

operating loans, $400,000,000; and unsubsidized guaranteed operating loans, $50,201,000. 

(b) For an additional amount for the cost of direct and guaranteed loans, including the cost of modifying loans as defined in 

section 502 of the Congressional Budget Act of 1974, as follows: 

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

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

$1,250,000. 
H. R. 2346—2 

TITLE II 

DEPARTMENT OF COMMERCE 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

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

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

shall be for Trade Adjustment Assistance for Communities under 

subchapter A, chapter 4, title II of the Trade Act of 1974 (19 

U.S.C. 2371 et seq.) and Trade Adjustment Assistance for Firms 

under chapter 3, title II of the Trade Act of 1974 (19 U.S.C. 

2341 et seq.). 

DEPARTMENT OF JUSTICE 

DETENTION TRUSTEE

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

to remain available until September 30, 2010. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

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

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For an additional amount for ‘‘Salaries and Expenses’’, $15,000,000, to remain available until September 30, 2010. 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

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

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

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

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

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

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

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

$35,000,000, to remain available until September 30, 2010. 
H. R. 2346—3 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

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

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

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

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

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

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

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

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

GENERAL PROVISION—THIS TITLE 

(INCLUDING RESCISSION)

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

I of Public Law 110–252 under the heading ‘‘Office of Inspector 

General’’, $3,000,000 is rescinded. 

(b) For an additional amount for ‘‘Office of Inspector General’’, $3,000,000, to remain available until September 30, 2010. 

TITLE III 

DEPARTMENT OF DEFENSE 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

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

$11,750,687,000. 

MILITARY PERSONNEL, NAVY

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

$1,627,288,000. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $1,524,947,000. 

MILITARY PERSONNEL, AIR FORCE

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

$1,500,740,000. 
H. R. 2346—4 

RESERVE PERSONNEL, ARMY

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

$418,155,000. 

RESERVE PERSONNEL, NAVY

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

$39,478,000. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $29,179,000. 

RESERVE PERSONNEL, AIR FORCE

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

$14,943,000. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $1,775,733,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $45,000,000. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $13,769,418,000. 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, Navy’’, $2,274,903,000. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $1,034,366,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, 

Air Force’’, $5,980,386,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, 

Defense-Wide’’, $5,101,696,000, of which: 

(1) not to exceed $12,500,000 for the Combatant Commander Initiative Fund, to be used in support of Operation 

Iraqi Freedom and Operation Enduring Freedom; and 
H. R. 2346—5 

(2) not to exceed $1,000,000,000, to remain available until 

expended, for payments to reimburse key cooperating nations, 

for logistical, military, and other support including access provided to United States military operations in support of Operation Iraqi Freedom and Operation Enduring Freedom, notwithstanding any other provision of law: Provided, That such 

reimbursement payments may be made in such amounts as 

the Secretary of Defense, with the concurrence of the Secretary 

of State, and in consultation with the Director of the Office 

of Management and Budget, may determine, in his discretion, 

based on documentation determined by the Secretary of Defense 

to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers 

of the United States, and 15 days following notification to 

the appropriate congressional committees: Provided further, 

That these funds may be used for the purpose of providing 

specialized training and procuring supplies and specialized 

equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting 

United States military operations in Iraq and Afghanistan: 

Provided further, That the Secretary of Defense shall provide 

quarterly reports to the congressional defense committees on 

the use of funds provided in this paragraph. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $110,017,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

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

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

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

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

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

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $178,446,000. 

AFGHANISTAN SECURITY FORCES FUND

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

to remain available until September 30, 2010: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing 

the Commander, Combined Security Transition Command— 

Afghanistan, or the Secretary’s designee, to provide assistance, 

with the concurrence of the Secretary of State, to the security 
H. R. 2346—6 

forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, and funding: Provided further, That the 

authority to provide assistance under this heading is in addition 

to any other authority to provide assistance to foreign nations: 

Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international 

organization may be credited to this Fund and used for such purposes: Provided further, That the Secretary shall notify the congressional defense committees in writing upon the receipt and upon 

the obligation of any contribution, delineating the sources and 

amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not 

fewer than 15 days prior to obligating from this appropriation 

account, notify the congressional defense committees in writing 

of the details of any such obligation. 

PAKISTAN COUNTERINSURGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

There is hereby established in the Treasury of the United 

States the ‘‘Pakistan Counterinsurgency Fund’’. For the ‘‘Pakistan 

Counterinsurgency Fund’’, $400,000,000, to remain available until 

September 30, 2010: Provided, That such funds shall be available 

to the Secretary of Defense, with the concurrence of the Secretary 

of State, notwithstanding any other provision of law, for the purpose 

of allowing the Secretary of Defense, or the Secretary’s designee, 

to provide assistance to Pakistan’s security forces; including program management and the provision of equipment, supplies, services, training, and funds; and facility and infrastructure repair, 

renovation, and construction to build the counterinsurgency capability of Pakistan’s military and Frontier Corps, and of which up 

to $2,000,000 shall be available to provide urgent humanitarian 

assistance to the people of Pakistan only as part of civil-military 

training exercises for Pakistani security forces receiving assistance 

under the ‘‘Pakistan Counterinsurgency Fund’’ and to assist the 

Government of Pakistan in creating such a program beginning 

in fiscal year 2010: Provided further, That the authority to provide 

assistance under this provision is in addition to any other authority 

to provide assistance to foreign nations: Provided further, That 

the Secretary of Defense may transfer such amounts as the Secretary may determine from the funds provided herein to any appropriations available to the Department of Defense or, with the 

concurrence of the Secretary of State and head of the relevant 

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

Federal account to accomplish the purposes provided herein: Provided further, That funds so transferred shall be merged with 

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

period as the appropriation or fund to which transferred: Provided 

further, That the authority of the Secretary of Defense to obligate 

or transfer funds pursuant to this paragraph shall apply only to 

funds appropriated for such purposes in this Act (including funds 

appropriated by another paragraph of this Act that are transferred 

to the ‘‘Pakistan Counterinsurgency Fund’’ by such other paragraph), and such authority shall not be continued beyond the expiration date specified in the matter preceding the first proviso, except 
H. R. 2346—7 

with respect to funds so transferred to the ‘‘Pakistan Counterinsurgency Fund’’ by another paragraph of this Act: Provided further, 

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

to making transfers from this appropriation account, notify the 

Committees on Appropriations in writing of the details of any 

such transfer. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, $1,192,744,000, to remain available until September 30, 2011. 

MISSILE PROCUREMENT, ARMY

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

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

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

For an additional amount for ‘‘Procurement of Weapons and 

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

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

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

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, $7,113,742,000, to remain available until September 30, 2011. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, $636,669,000, to remain available until September 30, 2011. 

WEAPONS PROCUREMENT, NAVY

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

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

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

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

September 30, 2011. 

OTHER PROCUREMENT, NAVY

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

$197,193,000, to remain available until September 30, 2011. 
H. R. 2346—8 

PROCUREMENT, MARINE CORPS

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

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

AIRCRAFT PROCUREMENT, AIR FORCE

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

$4,592,068,000, to remain available until September 30, 2011. 

MISSILE PROCUREMENT, AIR FORCE

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

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

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, 

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

2011. 

OTHER PROCUREMENT, AIR FORCE

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

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

PROCUREMENT, DEFENSE-WIDE

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

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

NATIONAL GUARD AND RESERVE EQUIPMENT

For an additional amount for ‘‘National Guard and Reserve 

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

30, 2011: Provided, That such funds may be used only to procure 

high priority items of equipment that may be used by reserve 

component units for combat missions and units’ missions in support 

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

National Guard and of the Reserve components shall, not later 

than 60 days after the enactment of this Act, individually submit 

to the congressional defense committees a listing of items of equipment to be procured for their respective National Guard or Reserve 

component. 

MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Mine Resistant Ambush Protected Vehicle Fund’’, 

$4,543,000,000, to remain available until September 30, 2010: Provided, That such funds shall be available to the Secretary of 

Defense, notwithstanding any other provision of law, to procure, 

sustain, transport, and field Mine Resistant Ambush Protected 

vehicles: Provided further, That the Secretary shall transfer such 

funds only to appropriations for operation and maintenance; 

procurement; research, development, test and evaluation; and 

defense working capital funds to accomplish the purpose provided 

herein: Provided further, That this transfer authority is in addition 
H. R. 2346—9 

to any other transfer authority available to the Department of 

Defense: Provided further, That the Secretary shall, not fewer than 

10 days prior to making transfers from this appropriation, notify 

the congressional defense committees in writing of the details of 

any such transfer. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

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

and Evaluation, Army’’, $52,935,000, to remain available until September 30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

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

and Evaluation, Navy’’, $136,786,000, to remain available until 

September 30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

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

and Evaluation, Air Force’’, $160,474,000, to remain available until 

September 30, 2010. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

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

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

until September 30, 2010. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’, 

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

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$1,055,297,000, of which $845,508,000 is for operation and maintenance; of which $50,185,000, to remain available until September 

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

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

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

prior Act may be available for contracts entered into under the 

Tricare program. 
H. R. 2346—10 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

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

September 30, 2010. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

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

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for ‘‘Office of the Inspector General’’, $9,551,000. 

GENERAL PROVISIONS—THIS TITLE 

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

made available in this title are in addition to amounts appropriated 

or otherwise made available for the Department of Defense for 

fiscal year 2009. 

(INCLUDING TRANSFER OF FUNDS)

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

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

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

funds made available to the Department of Defense in this title: 

Provided, That the Secretary shall notify the Congress promptly 

of each transfer made pursuant to the authority in this section: 

Provided further, That the authority provided in this section is 

in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions 

as the authority provided in section 8005 of the Department of 

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

329) except for the fourth proviso. 

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

by the transfer of funds in this Act, for intelligence activities are 

deemed to be specifically authorized by the Congress for purposes 

of section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 

414(a)(1)). 

(INCLUDING TRANSFER OF FUNDS)

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

‘‘Defense Cooperation Account’’, as established by 10 U.S.C. 2608, 

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

to such appropriations or funds of the Department of Defense as 

the Secretary shall determine for use consistent with the purposes 

for which such funds were contributed and accepted: Provided, 

That such amounts shall be available for the same time period 

as the appropriation to which transferred: Provided further, That 

the Secretary shall report to the Congress all transfers made pursuant to this authority. 
H. R. 2346—11 

SEC. 305. Supervision and administration costs associated with 

a construction project funded with appropriations available for operation and maintenance or ‘‘Afghanistan Security Forces Fund’’ provided in this title, and executed in direct support of the overseas 

contingency operations in Iraq and Afghanistan, may be obligated 

at the time a construction contract is awarded: Provided, That 

for the purpose of this section, supervision and administration 

costs include all in-house Government costs. 

(INCLUDING RESCISSIONS)

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

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

Forces Fund’’, $1,000,000,000 is rescinded. 

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

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

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

notifies the congressional defense committees in writing of the 

details of the proposed obligation or transfer. 

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

amount in this section is designated as an emergency requirement 

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

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

resolution on the budget for fiscal year 2010. 

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

of Defense for operation and maintenance may be used to purchase 

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

Provided, That upon determination by the Secretary of Defense 

that such action is necessary to meet the operational requirements 

of a Commander of a Combatant Command engaged in contingency 

operations overseas, such funds may be used to purchase items 

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

Provided further, That the Secretary shall report to the Congress 

all purchases made pursuant to this authority within 30 days 

of using the authority. 

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

of Defense may purchase motor vehicles for use by military and 

civilian employees of the Department of Defense in Iraq and 

Afghanistan, up to a limit of $75,000 per vehicle, notwithstanding 

other limitations applicable to passenger carrying motor vehicles. 

(RESCISSIONS)

SEC. 309. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

Provided, That none of the amounts may be rescinded from amounts 

that were designated by the Congress as an emergency requirement 

pursuant to a Concurrent Resolution on the Budget or the Balanced 

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

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

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

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

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

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

2009’’, $11,300,000; 
H. R. 2346—12 

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

2008/2009’’, $36,107,000; 

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

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

$352,359,000; 

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

$881,481,000; 

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

$54,466,000; 

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

$925,203,000; 

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

$267,635,000; 

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

$23,338,000; 

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

$62,910,000; 

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

2009’’, $1,250,000; 

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

2009’’, $163,786,000; 

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

2009’’, $57,819,000; 

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

2009’’, $250,645,000; 

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

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

$107,100,000; 

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

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

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

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

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

2010’’, $187,710,000; 

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

2010’’, $217,060,000; and 

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

2009/2010’’, $287,567,000. 

(INCLUDING TRANSFER OF FUNDS)

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

$534,400,000 is appropriated to the Department of Defense, to 

remain available for obligation until expended: Provided, That such 

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

(b) to members of the Armed Forces, including members of the 

reserve components, and former and retired members under the 

jurisdiction of the Secretary who, at any time during the period 

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

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

period of obligated service was extended, or whose eligibility for 

retirement was suspended, pursuant to section 123 or 12305 of 
H. R. 2346—13 

title 10, United States Code, or any other provision of law (commonly referred to as a ‘‘stop-loss authority’’) authorizing the President to extend an enlistment or period of obligated service, or 

suspend an eligibility for retirement, of a member of the uniformed 

services in time of war or of national emergency declared by Congress or the President. 

(b) CLAIMS SUBMISSION REQUIRED.—Claims for retroactive StopLoss Special Pay compensation under this section shall be submitted 

to the Secretary of the Military Department concerned not later 

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

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

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

that are submitted more than 1 year after the date on which 

the implementing rules of subsection (d) take effect. 

(c) PAYMENT AMOUNT.—The amount to be paid under subsection 

(a) to or on behalf of an eligible member, retired member, or 

former member described in such subsection shall be $500 per 

month for each month or portion of a month during the period 

specified in such subsection that the member was retained on 

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

(d) RULEMAKING.—Not later than 120 days after the date of 

enactment of this Act, the Secretary of Defense shall issue rules 

to expedite the payment of claims under subsection (b). 

(e) TREATMENT OF DECEASED MEMBERS.—If an eligible member, 

retired member, or former member described in subsection (a) dies 

before the payment required by this section is made, the Secretary 

concerned shall make the payment in accordance with section 2771 

of title 10, United States Code. 

(f) EXCLUSION OF CERTAIN FORMER MEMBERS.—A former 

member of the Armed Forces is not eligible for a payment under 

this section if the former member was discharged or released from 

the Armed Forces under other than honorable conditions. 

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

retired member, or former member may not receive a payment 

under this section and stop-loss special pay under section 8116 

of the Department of Defense Appropriations Act, 2009 (division 

C of Public Law 110–329; 122 Stat. 3646) for the same month 

or portion of a month during which the member was retained 

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

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

provide a report to the congressional defense committees on the 

implementation of the retroactive stop-loss benefit. The report shall 

include the following: the number of claims filed, the number of 

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

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

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

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

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

every 6 months thereafter until all funding provided for this purpose 

has been obligated and all submitted claims have been processed. 

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

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

is repealed. 

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

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

the Air Force 15 days after certifying to the congressional defense 

committees that retiring the aircraft will not significantly increase 
H. R. 2346—14 

operational risk of not meeting the National Defense Strategy, 

provided that such retirements may not reduce total strategic airlift 

force structure inventory below the 292 strategic airlift aircraft 

level identified in the Mobility Capability Study 2005 (MCS–05) 

unless otherwise addressed in the fiscal year 2010 National Defense 

Authorization Act. 

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

available by this title may be obligated or expended to provide 

award fees to any defense contractor contrary to the provisions 

of section 814 of the National Defense Authorization Act, Fiscal 

Year 2007 (Public Law 109–364). 

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

used to finance programs or activities denied by Congress in fiscal 

years 2008 or 2009 appropriations to the Department of Defense 

or to initiate a procurement or research, development, test and 

evaluation new start program without prior written notification 

to the congressional defense committees. 

SEC. 314. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended 

by the United States Government for a purpose as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control over any oil resource 

of Iraq. 

SEC. 315. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended 

by the United States Government for the purpose of establishing 

any military installation or base for the purpose of providing for 

the permanent stationing of United States Armed Forces in Afghanistan. 

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

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

of President Barack Obama to withdraw all United States combat 

brigades from Iraq by August 31, 2010, and all United States 

military forces from Iraq on December 31, 2011, Congress directs 

the Secretary of Defense (in consultation with other members of 

the National Security Council) to prepare a report that identifies 

troop drawdown status and goals and includes— 

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

of United States military forces and equipment out of Iraq; 

and 

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

of United States contractors out of Iraq. 

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

Defense shall address the following: 

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

States Armed Forces transitions. 

(2) How the drawdown of military forces complies with 

the President’s planned withdrawal of combat brigades by 

August 31, 2010, and all United States forces by December 

31, 2011. 

(3) The roles and responsibilities of remaining contractors 

in Iraq as the United States mission evolves, including the 

anticipated number of United States contractors to remain 

in Iraq after August 31, 2010, and December 31, 2011. 
H. R. 2346—15 

(c) SUBMISSION.— 

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

of this Act, and every 90 days thereafter through September 

30, 2010, the Secretary of Defense shall submit the report 

required by subsection (a) and a classified annex to the report, 

as necessary. 

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

the information required by this report when submitting reports 

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

Stat. 2410). 

(d) EXTENSION OF RELATED REPORTING REQUIREMENT.—Section 

9204(a) of the Supplemental Appropriations Act, 2008 is amended 

by striking ‘‘fiscal year 2009’’ and inserting ‘‘fiscal year 2010’’. 

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

ON TRANSITION READINESS OF IRAQ AND AFGHAN SECURITY

FORCES.—Subsection (a) of section 9205 of Public Law 110–252 

(122 Stat. 2412) is repealed. 

(b) MODIFICATION OF REPORTS ON USE OF CERTAIN SECURITY

FORCES FUNDS.— 

(1) PREPARATION IN CONSULTATION WITH COMMANDER OF

CENTCOM.—Subsection (b)(1) of such section is amended by 

inserting ‘‘the Commander of the United States Central Command;’’ after ‘‘the Secretary of Defense;’’. 

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

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

of the enactment of this Act and every 90 days thereafter’’ 

and inserting ‘‘not later than 45 days after the end of each 

fiscal year quarter’’. 

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

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

and ‘Pakistan Counterinsurgency Fund’ ’’. 

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

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

‘‘(1) ‘Iraq Security Forces Fund’. 

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

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

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

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

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

is amended to read as follows: 

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

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

pay under any other provision of law, based on service in 

the armed forces, and who later qualifies for retired or retainer 

pay under this title or title 14 shall have deducted from each 

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

schedule of monthly installments as the Secretary of Defense 

shall specify, taking into account the financial ability of the 

member to pay and avoiding the imposition of undue financial 

hardship on the member and member’s dependents, until the 

total amount deducted is equal to the total amount of separation 

pay, severance pay, and readjustment pay so paid.’’. 
H. R. 2346—16 

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

amended to read as follows: 

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

pay under this title shall have deducted from each payment 

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

of monthly installments as the Secretary of Defense shall 

specify, taking into account the financial ability of the member 

to pay and avoiding the imposition of undue financial hardship 

on the member and member’s dependents, until the total 

amount deducted is equal to the total amount of voluntary 

separation incentive so paid. If the member elected to have 

a reduction in voluntary separation incentive for any period 

pursuant to paragraph (2), the deduction required under the 

preceding sentence shall be reduced as the Secretary of Defense 

shall specify.’’. 

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

shall apply to any repayments of separation pay, severance pay, 

readjustment pay, special separation benefit, or voluntary separation incentive, that occur on or after the date of enactment, 

including any ongoing repayment actions that were initiated prior 

to this amendment. 

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

after the date of the enactment of this Act and every 90 days 

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

population at the detention facility at Naval Station Guantanamo 

Bay, Cuba. 

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

members and committees of Congress specified in this subsection 

are the following: 

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

(2) The Chairman and Ranking Member on the Committee 

on Armed Services of the Senate. 

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

(4) The Chairman and Vice Chairman of the Committee 

on Appropriations of the Senate. 

(5) The Speaker of the House of Representatives. 

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

(7) The Chairman and Ranking Member on the Committee 

on Armed Services of the House of Representatives. 

(8) The Chairman and Vice Chairman of the Permanent 

Select Committee on Intelligence of the House of Representatives. 

(9) The Chairman and Ranking Member of the Committee 

on Appropriations of the House of Representatives. 

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

subsection (a) shall include the following: 

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

the detention facility at Naval Station Guantanamo Bay, Cuba, 

as of the date of such report. 

(2) A current summary of the evidence, intelligence, and 

information used to justify the detention of each detainee listed 

under paragraph (1) at Naval Station Guantanamo Bay. 
H. R. 2346—17 

(3) A current accounting of all the measures taken to 

transfer each detainee listed under paragraph (1) to the individual’s country of citizenship or another country. 

(4) A current description of the number of individuals 

released or transferred from detention at Naval Station Guantanamo Bay who are confirmed or suspected of returning to 

terrorist activities after release or transfer from Naval Station 

Guantanamo Bay. 

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

detainees released from detention at Naval Station Guantanamo Bay. 

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

the following: 

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

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

to their release or transfer from detention at Naval Station 

Guantanamo Bay, Cuba. 

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

for reducing the risk that detainees previously released or 

transferred from Naval Station Guantanamo Bay would return 

to terrorist activities after release or transfer from Naval Station Guantanamo Bay. 

(3) An assessment of lessons learned from previous releases 

and transfers of individuals who returned to terrorist activities 

for reducing the risk that detainees released or transferred 

from Naval Station Guantanamo Bay will return to terrorist 

activities after their release or transfer. 

TITLE IV 

DEPARTMENT OF DEFENSE—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

OPERATION AND MAINTENANCE

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

to dredge navigation channels and repair damage to Corps projects 

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

available until expended: Provided, That the Assistant Secretary 

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

the Committees on Appropriations of the House of Representatives 

and the Senate detailing the allocation and obligation of these 

funds, beginning not later than 60 days after enactment of this 

Act. 

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ‘‘Flood Control and Coastal Emergencies’’, as authorized by section 5 of the Act of August 18, 1941 

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

to remain available until expended: Provided, That the Secretary 

of the Army is directed to use $315,290,000 of the funds appropriated under this heading to support emergency operations, to 
H. R. 2346—18 

repair eligible projects nationwide, and for other activities in 

response to natural disasters: Provided further, That the Secretary 

of the Army is directed to use $439,000,000 of the amount provided 

under this heading for barrier island restoration and ecosystem 

restoration to restore historic levels of storm damage reduction 

to the Mississippi Gulf Coast: Provided further, That this work 

shall be carried out at full Federal expense: Provided further, That 

the Assistant Secretary of the Army for Civil Works shall provide 

a monthly report to the Committees on Appropriations of the House 

of Representatives and the Senate detailing the allocation and 

obligation of these funds, beginning not later than 60 days after 

enactment of this Act. 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

STRATEGIC PETROLEUM RESERVE

(TRANSFER OF FUNDS)

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

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

by transfer from the ‘‘SPR Petroleum Account’’ for site maintenance 

activities. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

For an additional amount for ‘‘Weapons Activities’’, $30,000,000, 

to remain available until expended, to be divided among the three 

national security laboratories of Livermore, Sandia and Los Alamos 

and other entities to fund a sustainable capability to analyze nuclear 

and biological weapons intelligence: Provided, That the Secretary 

of Energy, in cooperation with the Director of National Intelligence, 

shall provide a written report to the Appropriations Committees 

of the House of Representatives and the Senate, the Armed Services 

Committees of the House of Representatives and the Senate, the 

Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate 

within 90 days of enactment of this Act on how the Department 

of Energy will invest these resources to sustain technical and core 

analytical capabilities. 

DEFENSE NUCLEAR NONPROLIFERATION

For an additional amount for ‘‘Defense Nuclear Nonproliferation’’, $55,000,000, to remain available until expended. 
H. R. 2346—19 

GENERAL PROVISIONS—THIS TITLE 

LIMITED TRANSFER AUTHORITY

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

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

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

‘‘SEC. 403. LIMITED TRANSFER AUTHORITY. 

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

each amount appropriated to the Department of Energy in this 

title to any other appropriate account within the Department of 

Energy, to be used for management and oversight activities: Provided, That the Secretary shall provide a report to the Committees 

on Appropriations of the House of Representatives and the Senate 

15 days prior to any transfer: Provided further, That any funds 

so transferred under this section shall remain available for obligation until September 30, 2012.’’. 

WAIVER OF FEDERAL EMPLOYMENT REQUIREMENTS

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

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

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

CORPS OF ENGINEERS TECHNICAL FIX

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

Development Act of 2007 (Public Law 110–114; 121 Stat. 1158) 

is amended— 

(1) in subsection (a)— 

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

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

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

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

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

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

by subparagraph (A)) the following: 

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

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

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

(2) in subsection (h)— 

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

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

paragraphs (15) through (27), respectively. 

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

(a) shall take effect as if included in the Water Resources Development Act of 2007 (Public Law 110–114; 121 Stat. 1041). 

CORPS OF ENGINEERS REPROGRAMMING AUTHORITY

SEC. 404. Unlimited reprogramming authority is granted to 

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

and Water Development of Public Law 111–5 under the heading 

‘‘Department of Defense—Civil, Department of the Army, Corps 

of Engineers—Civil’’. 
H. R. 2346—20 

BUREAU OF RECLAMATION REPROGRAMMING AUTHORITY

SEC. 405. Unlimited reprogramming authority is granted to 

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

and Water Development of Public Law 111–5 under the heading 

‘‘Bureau of Reclamation, Water and Related Resources’’. 

COST ANALYSIS OF TRITIUM PROGRAM CHANGES

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

be provided to fund activities related to the mission relocation 

of either the design authority for the gas transfer systems or tritium 

research and development facilities during the current fiscal year 

and until the Department can provide the Senate Appropriations 

Committee an independent technical mission review and cost analysis by the JASON’s as proposed in the Complex Transformation 

Site-Wide Programmatic Environmental Impact Statement. 

CORPS OF ENGINEERS PROJECT COST CEILING INCREASE

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

Bay, California, authorized by section 101(b)(9) of the Water 

Resources Development Act of 2000 (114 Stat. 2577), is modified 

to authorize the Secretary to construct the project at a total cost 

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

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

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

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

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

of the Omnibus Appropriations Act, 2009 (Public Law 111–8; 123 

Stat. 619) is amended in the ninth proviso— 

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

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

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

where such project licenses technology from the Department 

of Energy, and pays royalties to the federal government for 

such license and the amount of such royalties will exceed the 

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

or agreements; or (f) grants or cooperative agreements, to the 

extent that obligations of such grants or cooperative agreements 

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

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

TITLE V 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

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

$2,936,000, of which $800,000 shall remain available until expended 

and $2,136,000 shall remain available until September 30, 2010. 
H. R. 2346—21 

THE JUDICIARY 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Salaries and Expenses’’, $10,000,000, to remain available until September 30, 2010: Provided, That notwithstanding section 302 of division D of Public 

Law 111–8, funding shall be available for transfer between 

Judiciary accounts to meet increased workload requirements 

resulting from immigration and other law enforcement initiatives. 

INDEPENDENT AGENCIES 

FINANCIAL CRISIS INQUIRY COMMISSION

SALARIES AND EXPENSES

For the necessary expenses of the Financial Crisis Inquiry 

Commission established pursuant to section 5 of the Fraud Enforcement and Recovery Act of 2009 (Public Law 111–21), $8,000,000, 

to remain available until February 15, 2011. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

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

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

GENERAL PROVISIONS—THIS TITLE 

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

110–428 is amended— 

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

and inserting ‘‘5-year’’; and 

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

year’’. 

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

(a) shall take effect as if included in the enactment of Public 

Law 110–428. 

SEC. 502. The fourth proviso under the heading ‘‘District of 

Columbia Funds’’ of title IV of division D of the Omnibus Appropriations Act, 2009 (Public Law 111–8; 123 Stat. 655) is amended 

by striking ‘‘and such title’’ and inserting ‘‘, as amended by laws 

enacted pursuant to section 442(c) of the District of Columbia 

Home Rule Act of 1973, approved December 24, 1973 (87 Stat. 

798), and such title, as amended,’’. 

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

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

and inserting the following: ‘‘Provided, That of the funds provided, 

not less than $3,000,000 shall be available for developing a national 
H. R. 2346—22 

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

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

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

EXTENSION OF LIMITATIONS

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

Deposit Insurance Act (12 U.S.C. 1831u(f)(1)) is amended— 

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

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

the right; 

(2) by striking ‘‘evidence of debt by any insured’’ and 

inserting the following: ‘‘evidence of debt by— 

‘‘(A) any insured’’; and 

(3) by striking the period at the end and inserting the 

following: ‘‘; and 

‘‘(B) any nondepository institution operating in such 

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

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

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

financings related thereto, including— 

‘‘(I) uniform accessibility of student loans, 

including the issuance of qualified student loan 

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

Revenue Code of 1986; 

‘‘(II) the uniform accessibility of mortgage 

loans, including the issuance of qualified mortgage 

bonds and qualified veterans’ mortgage bonds as 

set forth in section 143 of such Code; 

‘‘(III) the uniform accessibility of safe and 

affordable housing programs administered or subject to review by the Department of Housing and 

Urban Development, including— 

‘‘(aa) the issuance of exempt facility bonds 

for qualified residential rental property as set 

forth in section 142(d) of such Code; 

‘‘(bb) the issuance of low income housing 

tax credits as set forth in section 42 of such 

Code, to facilitate the uniform accessibility of 

provisions of the American Recovery and 

Reinvestment Act of 2009; and 

‘‘(cc) the issuance of bonds and obligations 

issued under that Act, to facilitate economic 

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

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

‘‘(ii) to facilitate interstate commerce generally, 

including consumer loans, in the case of any person 

or governmental entity (other than a depository institution subject to subparagraph (A) and paragraph (2)).’’. 

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

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

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

on December 31, 2010. 
H. R. 2346—23 

TITLE VI 

DEPARTMENT OF HOMELAND SECURITY 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’, $46,200,000, to remain available until September 30, 2010, of which 

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

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

be for response to border security issues on the Southwest border 

of the United States. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

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

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

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

issues on the Southwest border of the United States. 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

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

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

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

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

be for response to border security issues on the Southwest border 

of the United States. 

COAST GUARD

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, $139,503,000; of which $129,503,000 shall be for Coast Guard operations in support of Operation Iraqi Freedom and Operation 

Enduring Freedom; and of which $10,000,000 shall be available 

until September 30, 2010, for High Endurance Cutter maintenance, 

major repairs, and improvements. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

STATE AND LOCAL PROGRAMS

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

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

GENERAL PROVISIONS—THIS TITLE 

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

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

in which the Coast Guard is operating shall issue a certificate 

of documentation with appropriate endorsement for engaging in 
H. R. 2346—24 

the coastwise trade in the State of Alabama for the drydock ALABAMA (United States official number 641504). 

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

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

in which the Coast Guard is operating may issue a certificate 

of documentation with a coastwise endorsement for the vessel 

MARYLAND INDEPENDENCE (official number 662573). The 

coastwise endorsement issued under authority of this section is 

terminated if— 

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

owns the vessel, is conveyed after the date of enactment of 

this Act; or 

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

of the United States. 

(INCLUDING RESCISSION OF FUNDS)

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

Relief’’ to the State of Mississippi pursuant to section 404 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5170c) for Hurricane Katrina, an additional $100,000,000 

are rescinded. 

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

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

to the State of Mississippi for an interoperable communications 

system required in the aftermath of Hurricane Katrina. 

SEC. 604. The Department of Homeland Security Appropriations 

Act, 2009 (Public Law 110–329) is amended under the heading 

‘‘Federal Emergency Management Agency, Management and 

Administration’’ after ‘‘the Robert T. Stafford Disaster Relief and 

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

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

114 Stat. 583),’’. 

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

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

the number of firefighters in fire departments, the Secretary of 

Homeland Security may, in making grants described under 15 

U.S.C. 2229a for fiscal year 2009 or fiscal year 2010, grant waivers 

from the requirements of subsection (a)(1)(B), subsection (c)(1), subsection (c)(2), and subsection (c)(4)(A), and may award grants for 

the hiring, rehiring, or retention of firefighters. 

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

State-run case management programs related to Hurricanes 

Katrina and Rita for individuals in such programs on April 30, 

2009. 

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

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

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

406(c)(1)’’. 

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

the Disaster Assistance Direct Loan Program as allowed under 

Public Law 111–5 relating to disaster declaration FEMA–1791– 
H. R. 2346—25 

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

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

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

the Federal share of assistance, including direct Federal assistance 

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

and Emergency Assistance Act (42 U.S.C. 5172), for damages 

resulting from Hurricane Ike (FEMA–1791–DR and FEMA–1792– 

DR), shall be 90 percent of the eligible costs under such section 

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

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

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

agreement, the Federal share of assistance, including direct Federal 

assistance provided under section 406 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), 

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

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

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

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

agreement, the Federal share of assistance, including direct Federal 

assistance provided under section 406 of the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), 

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

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

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

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

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

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

TITLE VII 

DEPARTMENT OF THE INTERIOR 

DEPARTMENT-WIDE PROGRAMS

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

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

Department of the Interior, $50,000,000, to remain available until 

expended: Provided, That such funds shall only become available 

if funds provided previously for wildland fire suppression will be 

exhausted imminently and after the Secretary of the Interior notifies the Committees on Appropriations of the House of Representatives and the Senate in writing of the need for these additional 

funds: Provided further, That the Secretary of the Interior may 

transfer any of these funds to the Secretary of Agriculture if the 

transfer enhances the efficiency or effectiveness of Federal wildland 

fire suppression activities. 
H. R. 2346—26 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

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

Forest Service, $200,000,000, to remain available until expended: 

Provided, That such funds shall only become available if funds 

provided previously for wildland fire suppression will be exhausted 

imminently and after the Secretary of Agriculture notifies the 

Committees on Appropriations of the House of Representatives and 

the Senate in writing of the need for these additional funds: Provided further, That the Secretary of Agriculture may transfer not 

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

if the transfer enhances the efficiency or effectiveness of Federal 

wildland fire suppression activities. 

GENERAL PROVISION—THIS TITLE 

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

of Health and Human Services, Agency for Toxic Substances and 

Disease Registry, Toxic Substances and Environmental Public 

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

‘‘$1,000’’. 

TITLE VIII 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

ADMINISTRATION FOR CHILDREN AND FAMILIES

REFUGEE AND ENTRANT ASSISTANCE

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

for necessary expenses for unaccompanied alien children as authorized by section 462 of the Homeland Security Act of 2002 and 

section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, $82,000,000, to remain available 

through September 30, 2011. 

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Public Health and Social Services 

Emergency Fund’’ to prepare for and respond to an influenza pandemic, including the development and purchase of vaccine, 

antivirals, necessary medical supplies, diagnostics, and other 

surveillance tools and to assist international efforts and respond 

to international needs relating to the 2009–H1N1 influenza outbreak, $1,850,000,000, to remain available until expended: Provided, 

That no less than $350,000,000 shall be for upgrading State and 
H. R. 2346—27 

local capacity: Provided further, That no less than $200,000,000 

shall be transferred to the Centers for Disease Control and Prevention to carry out global and domestic disease surveillance, laboratory 

capacity and research, laboratory diagnostics, risk communication, 

rapid response, and quarantine: Provided further, That products 

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

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

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

Health Service Act: Provided further, That notwithstanding section 

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

the construction or renovation of privately owned facilities for the 

production of pandemic influenza vaccine and other biologics, where 

the Secretary finds such a contract necessary to secure sufficient 

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

appropriated in this paragraph and not specifically designated in 

this paragraph may be transferred to, and merged with, other 

appropriation accounts of the Department of Health and Human 

Services and other Federal agencies, as determined by the Secretary 

to be appropriate, to be used for the purposes specified in this 

paragraph and to the fund authorized by section 319F–4 of the 

Public Health Service Act: Provided further, That transfers to other 

Federal agencies shall be made in consultation with the Director 

of the Office of Management and Budget: Provided further, That 

15 days prior to transferring any funds in this paragraph, the 

Secretary shall notify the Committees on Appropriations of the 

House of Representatives and the Senate of any such transfer 

and the planned uses of the funds: Provided further, That the 

transfer authority provided in this paragraph is in addition to 

any other transfer authority available in this or any other Act. 

For an additional amount for ‘‘Public Health and Social Services 

Emergency Fund’’ to prepare for and respond to an influenza pandemic, including the development and purchase of vaccine, 

antivirals, necessary medical supplies, diagnostics, and other 

surveillance tools and to assist international efforts and respond 

to international needs, $5,800,000,000, to remain available until 

expended: Provided, That products purchased with these funds 

may, at the discretion of the Secretary of Health and Human 

Services, be deposited in the Strategic National Stockpile under 

section 319F–2 of the Public Health Service Act: Provided further, 

That funds provided in this paragraph shall be available for obligation only in the amounts designated by the President in one or 

more written notices to the Congress as emergency funds required 

to address critical needs related to emerging influenza viruses: 

Provided further, That funds appropriated in this paragraph may 

be transferred to, and merged with, other appropriation accounts 

of the Department of Health and Human Services and other Federal 

agencies to be used for the purposes specified in this paragraph 

and to the fund authorized by section 319F–4 of the Public Health 

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

of Management and Budget: Provided further, That none of the 

funds provided in this paragraph shall be made available for obligation until 15 days following the submittal of a detailed obligation 

plan to the Committees on Appropriations of the House of Representatives and the Senate by the Department of Health and 
H. R. 2346—28 

Human Services or any other Federal agency receiving funds: Provided further, That such plan shall be coordinated with the Executive Office of the President, shall identify the amounts and the 

activities for which funds are specified by the President, and shall 

be subject to reprogramming procedures: Provided further, That 

the transfer authority provided in this paragraph is in addition 

to any other transfer authority available in this or any other Act. 

GENERAL PROVISIONS—THIS TITLE 

(TRANSFER OF FUNDS)

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

5 is amended by inserting ‘‘, and may be transferred by the Department of Labor to any other account within the Department for 

such purposes’’ before the end period. 

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

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

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

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

and inserting ‘‘Provided’’. 

SEC. 803. The Commissioner of the Rehabilitation Services 

Administration, or the Director of a designated State unit that 

has approval to make awards under section 723 of the Rehabilitation Act, may allocate funds appropriated under the American 

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

(‘‘ARRA’’) for the Centers for Independent Living Program among 

centers in a State without regard to the priority in section 722(e)(3) 

or section 723(e)(3) of the Rehabilitation Act of 1973 for funding 

new centers if the allocation is consistent with the provisions of 

the State plan submitted under section 704 of the Rehabilitation 

Act and approved by the Commissioner. Such funds and other 

Independent Living funds available under ARRA that are being 

set aside by the Department of Education for competitive grants 

may be used to support multi-year grants of up to 5 years and 

may be expended by any recipients of such multi-year grants during 

the project period of the grant, notwithstanding any provision in 

the Rehabilitation Act limiting the period of availability for obligation or expenditure by the grantee. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 804. (a) Notwithstanding any other provision of law, 

during the period from September 1 through September 30, 2009, 

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

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

from amounts that would otherwise lapse at the end of fiscal 

year 2009 and that were originally made available under the 

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

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

30, 2009. 

(c) Any amounts transferred pursuant to this section shall 

be for carrying out Adult Education State Grants, and shall be 

allocated, notwithstanding any other provision of law, only to those 

States that received funds under that program for fiscal year 2009 
H. R. 2346—29 

that were at least 9.9 percent less than those States received 

under that program for fiscal year 2008. 

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

those States’ allocations under that program up to the amount 

they received under that program for fiscal year 2008. 

(e) The Secretary shall notify the Committees on Appropriations 

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

TITLE IX 

LEGISLATIVE BRANCH 

CAPITOL POLICE 

GENERAL EXPENSES

For an additional amount for ‘‘Capitol Police, General 

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

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

30, 2012: Provided, That the Chief of the Capitol Police may not 

obligate any of the funds appropriated under this heading without 

approval of an obligation plan by the Committees on Appropriations 

of the Senate and the House of Representatives. 

CONGRESSIONAL BUDGET OFFICE 

SALARIES AND EXPENSES

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

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

TITLE X 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

(INCLUDING RESCISSION)

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

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

September 30, 2010, and of which $645,381,000 for child development centers, warrior in transition facilities, hurricane damage 

repair, and planning and design shall remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry 

out planning and design and military construction projects not 

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

provided under this heading, not to exceed $68,081,000 shall be 

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

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

this heading for military construction projects in Afghanistan shall 

be obligated or expended until the Secretary of Defense certifies 

to the Committees on Appropriations of both Houses of Congress 

that a prefinancing statement for each project has been submitted 

to the North Atlantic Treaty Organization (NATO) for consideration 

of funding by the NATO Security Investment Program: Provided 

further, That, notwithstanding any other provision of this Act, of 
H. R. 2346—30 

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

as an emergency requirement and necessary to meet emergency 

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

(111th Congress), the concurrent resolution on the budget for fiscal 

year 2010: Provided further, That of the funds appropriated for 

‘‘Military Construction, Army’’ under Public Law 110–252, 

$143,242,000 are hereby rescinded. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy and Marine Corps’’, $235,881,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry 

out planning and design and military construction projects not 

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

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

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

services. 

MILITARY CONSTRUCTION, AIR FORCE

For an additional amount for ‘‘Military Construction, Air Force’’, $281,620,000, of which $258,150,000 shall remain available until 

September 30, 2010, and of which $23,470,000 for child development 

centers and planning and design shall remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry 

out planning and design and military construction projects not 

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

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

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

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

this heading for military construction projects in Afghanistan shall 

be obligated or expended until the Secretary of Defense certifies 

to the Committees on Appropriations of both Houses of Congress 

that a prefinancing statement for each project has been submitted 

to the North Atlantic Treaty Organization (NATO) for consideration 

of funding by the NATO Security Investment Program. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

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

Provided, That notwithstanding any other provision of law, such 

funds may be obligated and expended to carry out planning and 

design and military construction projects in the United States not 

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

provided under this heading, $169,500,000 shall be for the construction of a National Security Agency data center and $488,000,000 

shall be for the construction of hospitals: Provided further, That 

$1,589,500,000 is hereby authorized for the National Security 

Agency data center for fiscal years 2009 through 2013 for the 

purposes of this appropriation: Provided further, That not later 

than 30 days after the enactment of this Act, the Secretary of 

Defense shall submit to the Committees on Appropriations of both 

Houses of Congress an expenditure plan for the funds provided 

for hospital construction under this heading. 
H. R. 2346—31 

NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT

PROGRAM

For an additional amount for ‘‘North Atlantic Treaty Organization Security Investment Program’’, $100,000,000, to remain available until expended: Provided, That notwithstanding any other 

provision of law, such funds are authorized for the North Atlantic 

Treaty Security Investment Program for purposes of section 2806 

of title 10, United States Code, and section 2502 of the Military 

Construction Authorization Act for Fiscal Year 2009 (division B 

of Public Law 110–417). 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

For deposit into the Department of Defense Base Closure 

Account 2005, established by section 2906A(a)(1) of the Defense 

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

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

notwithstanding any other provision of law, such funds may be 

obligated and expended to carry out operation and maintenance, 

planning and design and military construction projects not otherwise authorized by law. 

GENERAL PROVISIONS—THIS TITLE 

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

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

Armed Forces Institute of Pathology, except for the Armed Forces 

Medical Examiner and the National Museum of Health and Medicine, until the President has established, as required by section 

722 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 122 Stat. 199; 10 U.S.C. 176 note), 

a Joint Pathology Center, and the Joint Pathology Center is demonstrably performing the minimum requirements set forth in section 

722 of the National Defense Authorization Act for Fiscal Year 

2008. 

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

States Code, is amended— 

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

new paragraph: 

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

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

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

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

‘‘(f) MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP.— ‘‘(1) IN GENERAL.—Educational assistance payable by reason of paragraph (9) of subsection (b) shall be known as the 

‘Marine Gunnery Sergeant John David Fry scholarship’. 

‘‘(2) DEFINITION OF CHILD.—For purposes of that paragraph, 

the term ‘child’ includes a married individual or an individual 

who is above the age of twenty-three years.’’. 

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

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

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

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

is amended by adding at the end the following new paragraph: 
H. R. 2346—32 

‘‘(4) APPLICABILITY TO CHILDREN OF DECEASED MEMBERS.— The period during which an individual entitled to educational 

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

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

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

begin making payments to individuals entitled to educational 

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

title 38, United States Code, as added by subsection (a), by 

not later than August 1, 2010. In the case of an individual 

entitled to educational assistance by reason of such paragraph 

for the period beginning on August 1, 2009, and ending on 

July 31, 2010, the Secretary shall make retroactive payments 

to such individual for such period by not later than August 

1, 2010. 

TITLE XI 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $997,890,000, to remain available until September 30, 2010, 

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

shall remain available until expended: Provided, That the Secretary 

of State may transfer up to $137,600,000 of the funds made available under this heading to any other appropriation of any department or agency of the United States, upon the concurrence of 

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

and assistance for Afghanistan and to carry out the provisions 

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

the funds appropriated under this heading, up to $10,000,000 for 

public diplomacy activities may be transferred to, and merged with, 

funds made available under the heading ‘‘International Broadcasting Operations’’ for broadcasting activities to the PakistanAfghanistan border region. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

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

$24,122,000, to remain available until September 30, 2010, of which 

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

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

shall be transferred to the Special Inspector General for Afghanistan 

Reconstruction for reconstruction oversight: Provided, That the Special Inspector General for Afghanistan Reconstruction may exercise 

the authorities of subsections (b) through (i) of section 3161 of 

title 5, United States Code (without regard to subsection (a) of 
H. R. 2346—33 

such section) for funds made available for fiscal years 2009 and 

2010: Provided further, That the Inspector General of the United 

States Department of State and the Broadcasting Board of Governors, the Special Inspector General for Iraq Reconstruction, the 

Special Inspector General for Afghanistan Reconstruction, and the 

Inspector General of the United States Agency for International 

Development shall coordinate and integrate the programming of 

funds made available under this heading in fiscal year 2009 for 

oversight of programs in Afghanistan, Pakistan and Iraq: Provided 

further, That the Secretary of State shall submit to the Committees 

on Appropriations, within 30 days of completion, the annual comprehensive audit plan for the Middle East and South Asia developed 

by the Southwest Asia Joint Planning Group in accordance with 

section 842 of Public Law 110–181. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

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

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

expended, for worldwide security upgrades, acquisition, and 

construction as authorized, and shall be made available for secure 

diplomatic facilities and housing for United States mission staff 

in Afghanistan and Pakistan, and for mobile mail screening units. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International 

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

September 30, 2010. 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

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

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

CAPITAL INVESTMENT FUND

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

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

OFFICE OF INSPECTOR GENERAL

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

$3,500,000, to remain available until September 30, 2010, for oversight of programs in Afghanistan and Pakistan. 
H. R. 2346—34 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

GLOBAL HEALTH AND CHILD SURVIVAL

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

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

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

shall be made available, notwithstanding any other provision of 

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

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

a United States contribution to the Global Fund to Fight AIDS, 

Tuberculosis and Malaria: Provided further, That notwithstanding 

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

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

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

and is spreading internationally, funds made available under the 

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

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

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

made available pursuant to the authority of the previous proviso 

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

INTERNATIONAL DISASTER ASSISTANCE

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

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

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

$2,973,601,000, to remain available until September 30, 2010: Provided, That of the funds made available under this heading for 

assistance for the West Bank and Gaza, $2,000,000 shall be transferred to, and merged with, funds available under the heading 

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

oversight of programs in the West Bank and Gaza: Provided further, 

That of the amounts made available for assistance for the West 

Bank and Gaza, not more than $200,000,000 may be made available 

for cash transfer assistance to the Palestinian Authority: Provided 

further, That none of the funds made available under this heading 

for cash transfer assistance to the Palestinian Authority may be 

obligated for salaries of personnel of the Palestinian Authority 

located in Gaza: Provided further, That of the funds appropriated 

under this heading, up to $10,000,000 may be made available 

for humanitarian assistance in Burma for individuals and communities impacted by Cyclone Nargis, notwithstanding any other provision of law: Provided further, That of the funds appropriated under 

this heading for assistance for Afghanistan and Pakistan, assistance 
H. R. 2346—35 

may be provided notwithstanding any provision of law that restricts 

assistance to foreign countries for cross border stabilization and 

development programs between Afghanistan and Pakistan or 

between either country and the Central Asian republics, and shall 

be administered by the Special Representative for Afghanistan and 

Pakistan at the Department of State: Provided further, That none 

of the funds appropriated in this title for democracy and civil 

society programs may be made available for the construction of 

facilities in the United States. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

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

and Central Asia’’, $272,000,000, to remain available until September 30, 2010, of which $242,000,000 shall be available for assistance for Georgia: Provided, That funds appropriated under this 

heading may be made available for assistance for other Eurasian 

countries to meet unanticipated requirements only if the Secretary 

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

United States: Provided further, That of the funds appropriated 

under this heading, $30,000,000 may be made available for assistance for the Kyrgyz Republic to provide a long-range air traffic 

control and safety system to support air operations in the Kyrgyz 

Republic, including at Manas International Airport, notwithstanding any other provision of law: Provided further, That funds 

appropriated under this heading shall be subject to prior consultation with, and the regular notification procedures of, the Committees 

on Appropriations. 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

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

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

shall be made available for assistance for Mexico to combat drug 

trafficking and related violence and organized crime, and for judicial 

reform, institution building, anti-corruption, and rule of law activities: Provided further, That funds made available pursuant to the 

previous proviso shall be made available subject to prior consultation with, and the regular notification procedures of, the Committees 

on Appropriations, except that notifications shall be transmitted 

at least 5 days in advance of the obligation of any funds appropriated under this heading: Provided further, That none of the 

funds appropriated in this title may be made available for the 

cost of fuel for aircraft provided to Mexico, or for operations and 

maintenance of aircraft purchased by the Government of Mexico: 

Provided further, That in order to enhance border security and 

cooperation in law enforcement efforts between Mexico and the 

United States, funds appropriated in this title that are available 

for assistance for Mexico may be made available for the procurement 

of law enforcement communications equipment only if such equipment utilizes open standards and is compatible with, and capable 

of operating with, radio communications systems and related equipment utilized by Federal law enforcement agencies in the United 
H. R. 2346—36 

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

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-Terrorism, 

Demining and Related Programs’’, $102,000,000, to remain available 

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

made available for the Nonproliferation and Disarmament Fund, 

notwithstanding any other provision of law, to promote bilateral 

and multilateral activities relating to nonproliferation, disarmament 

and weapons destruction, and shall remain available until 

expended: Provided, That funds made available for the Nonproliferation and Disarmament Fund shall be subject to prior consultation 

with, and the regular notification procedures of, the Committees 

on Appropriations: Provided further, That the Secretary of State 

shall work assiduously to facilitate the regular flow of people and 

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

MIGRATION AND REFUGEE ASSISTANCE

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

INTERNATIONAL SECURITY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

PEACEKEEPING OPERATIONS

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

$185,000,000, to remain available until September 30, 2010: Provided, That up to $168,000,000 may be made available for assistance 

for Somalia, of which up to $115,900,000 may be used to pay 

assessed expenses of international peacekeeping activities in 

Somalia: Provided further, That of the funds appropriated under 

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

for the Democratic Republic of the Congo and $2,000,000 shall 

be made available for the Multinational Force and Observer mission 

in the Sinai. 

INTERNATIONAL MILITARY EDUCATION AND TRAINING

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

30, 2010, for assistance for Iraq. 

FOREIGN MILITARY FINANCING PROGRAM

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

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

available for assistance for the Mexican Navy and shall be available 

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

Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8): Provided further, That funds made 
H. R. 2346—37 

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

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

less than $150,000,000 shall be made available for assistance for 

Jordan: Provided further, That of the funds appropriated under 

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

grants only for Israel and shall be disbursed not later than October 

30, 2009: Provided further, That to the extent that the Government 

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

made available for Israel by this paragraph shall, as agreed by 

the United States and Israel, be available for advanced weapons 

systems, of which $145,965,000 shall be available for the procurement in Israel of defense articles and defense services, including 

research and development: Provided further, That of the funds 

appropriated under this heading, not less than $260,000,000 shall 

be made available for grants only for Egypt, including for border 

security programs and activities in the Sinai: Provided further, 

That funds appropriated pursuant to the previous proviso estimated 

to be outlayed for Egypt shall be transferred to an interest bearing 

account for Egypt in the Federal Reserve Bank of New York not 

later than October 30, 2009: Provided further, That up to 

$69,000,000 may be made available for assistance for Lebanon. 

PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

(INCLUDING TRANSFER OF FUNDS)

There is hereby established in the Treasury of the United 

States a special account to be known as the ‘‘Pakistan Counterinsurgency Capability Fund’’. For necessary expenses to carry out the 

provisions of chapter 8 of part I and chapters 2, 5, 6, and 8 

of part II of the Foreign Assistance Act of 1961 and section 23 

of the Arms Export Control Act for counterinsurgency activities 

in Pakistan, $700,000,000, which shall become available on September 30, 2009, and remain available until September 30, 2011: 

Provided, That such funds shall be available to the Secretary of 

State, with the concurrence of the Secretary of Defense, notwithstanding any other provision of law, for the purpose of providing 

assistance for Pakistan to build and maintain the counterinsurgency 

capability of Pakistani security forces (including the Frontier Corps), 

to include program management and the provision of equipment, 

supplies, services, training, and facility and infrastructure repair, 

renovation, and construction: Provided further, That such funds 

may be transferred by the Secretary of State to the Department 

of Defense or other Federal departments or agencies to support 

counterinsurgency operations and may be merged with and be 

available for the same purposes and for the same time period 

as the appropriation or fund to which transferred, or may be transferred pursuant to the authorities contained in the Foreign Assistance Act of 1961: Provided further, That the Secretary of State 

shall, not fewer than 15 days prior to making transfers from this 

appropriation, notify the Committees on Appropriations, and the 

congressional defense and foreign affairs committees, in writing 

of the details of any such transfer: Provided further, That the 

Secretary of State shall submit not later than 30 days after the 

end of each fiscal quarter to the Committees on Appropriations 

a report summarizing, on a project-by-project basis, the transfer 
H. R. 2346—38 

of funds from this appropriation: Provided further, That upon determination by the Secretary of Defense or head of other Federal 

department or agency, with the concurrence of the Secretary of 

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

may be transferred by the head of the relevant Federal department 

or agency back to this appropriation and shall be available for 

the same purposes and for the same time period as originally 

appropriated: Provided further, That any required notification or 

report may be submitted in classified or unclassified form. 

GENERAL PROVISIONS—THIS TITLE 

EXTENSION OF AUTHORITIES

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

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

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

section 313 of the Foreign Relations Authorization Act, Fiscal Years 

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

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

AFGHANISTAN

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

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

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

and emphasizes the participation of Afghan women and directly 

improves the security, economic and social well-being, and political 

status, of Afghan women and girls. 

(b) ASSISTANCE FOR WOMEN AND GIRLS.— (1) Funds appropriated in this title for assistance for 

Afghanistan shall comply with sections 7062 and 7063 of Public 

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

that increase participation by women in the political process, 

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

and in efforts to improve security in Afghanistan. 

(2) Of the funds appropriated for assistance for Afghanistan 

in fiscal year 2009 under the headings ‘‘Economic Support 

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

to support programs that directly address the needs of Afghan 

women and girls, including for the Afghan Independent Human 

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

and for women-led nongovernmental organizations. 

(c) PROCUREMENT OF AFGHAN PRODUCTS AND SERVICES.— (1) IN GENERAL.—Funds made available for assistance for 

Afghanistan in this title and in prior acts appropriating funds 

for Department of State, foreign operations, and related programs, may be used to conduct procurements and to award 

assistance instruments in which— 

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

sources that are from Afghanistan; 

(B) procedures other than competitive procedures are 

used to award a contract or assistance instrument to a 

particular source or sources from Afghanistan; or 
H. R. 2346—39 

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

sources that are from Afghanistan. 

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

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

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

in Afghanistan by citizens or permanent resident aliens 

of Afghanistan. 

(C) A source is from Afghanistan if it— 

(i) is located in Afghanistan; and 

(ii) offers products or services that are from 

Afghanistan. 

(3) REPORTING AND CONSULTING REQUIREMENT.—Not less 

than 180 days after enactment of this Act the Secretary of 

State shall submit a report to the Committees on Appropriations on efforts undertaken by the Department of State and 

the United States Agency for International Development 

(USAID) to utilize this authority in order to enhance participation by Afghan entities in development activities in Afghanistan: Provided, That the Secretary of State and the Administrator of USAID shall consult with the Committees on Appropriations regarding the exercise of the authority of this subsection and prior to submitting the report required by this 

paragraph: Provided further, That the exercise of such authority in excess of $15,000,000 for any single contract or assistance 

instrument is subject to the regular notification procedures 

of the Committees on Appropriations. 

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

under the heading ‘‘International Narcotics Control and Law 

Enforcement’’ that are available for assistance for the Government 

of Afghanistan shall be withheld from obligation until the Secretary 

of State reports to the Committees on Appropriations that the 

Government of Afghanistan is implementing a policy to promptly 

remove from office any government official who is credibly alleged 

to have engaged in narcotics trafficking, gross violations of human 

rights, or other major crimes. 

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

of the funds appropriated in this title should be made available 

to pay for the acquisition of property for diplomatic facilities in 

Afghanistan. 

(f) UNITED NATIONS DEVELOPMENT PROGRAM.—Funds appropriated in this title may be made available for programs and activities of the United Nations Development Program (UNDP) in 

Afghanistan if the Secretary of State reports to the Committees 

on Appropriations that UNDP is fully cooperating with efforts of 

the United States Agency for International Development (USAID) 

to investigate expenditures by UNDP of USAID funds associated 

with the Quick Impact Program in Afghanistan. 

(g) NATIONAL SOLIDARITY PROGRAM.—Of the funds appropriated 

in this title under the heading ‘‘Economic Support Fund’’ that 

are available for assistance for Afghanistan, not less than 

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

Program. 

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

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

for International Development by funds appropriated by this Act 
H. R. 2346—40 

or prior Acts making appropriations for the Department of State, 

foreign operations and related programs shall be coordinated under 

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

Provided, That such aircraft may be used to transport Federal 

and non-Federal personnel supporting the Department of State 

and United States Agency for International Development programs 

and activities: Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable basis, 

or without reimbursement when traveling on a space available 

basis. 

ALLOCATIONS

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

accounts shall be made available for programs and countries in 

the amounts contained in the respective tables included in the 

joint statement accompanying this Act: 

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

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

(3) ‘‘Economic Support Fund’’. 

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

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

with respect to the tables included in the joint statement accompanying this Act, the Secretary of State and the Administrator 

of the United States Agency for International Development, as 

appropriate, may propose deviations to the amounts referenced 

in subsection (a), subject to the regular notification procedures 

of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961. 

SPENDING PLAN AND NOTIFICATION PROCEDURES

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

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

with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations a report detailing planned expenditures for funds appropriated in this title, except for funds appropriated under the 

headings ‘‘International Disaster Assistance’’ and ‘‘Migration and 

Refugee Assistance’’. 

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

be subject to the regular notification procedures of the Committees 

on Appropriations and section 634A of the Foreign Assistance Act 

of 1961. 

GLOBAL FINANCIAL CRISIS

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

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

than $255,601,000 may be made available for assistance for vulnerable populations in developing countries severely affected by the 

global financial crisis that— 

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

or less; 

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

2 percent or more since 2007; and 
H. R. 2346—41 

(3) demonstrate consistent improvement on the democracy 

and governance indicators as measured by the Millennium 

Challenge Corporation 2009 Country Scorebook. 

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

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

countries impacted by the global financial crisis— 

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

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

and loan guarantees notwithstanding the dollar limitations in 

such account on transfers to the account and the principal 

amount of loans made or guaranteed with respect to any single 

country or borrower: Provided, That such transferred funds 

may be available to subsidize total loan principal, any portion 

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

further, That the authority provided by the previous proviso 

is in addition to authority provided under the heading ‘‘Development Credit Authority’’ in Public Law 111–8: Provided further, 

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

to carry out credit programs administered by the United States 

Agency for International Development; and 

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

with, ‘‘Overseas Private Investment Corporation Program 

Account’’: Provided, That the authority provided in this paragraph is in addition to authority provided in section 7081 

in Public Law 111–8. 

(c) REPROGRAMMING AUTHORITY.—Notwithstanding any other 

provision of law, funds appropriated under the heading ‘‘Millennium 

Challenge Corporation’’ (MCC) in prior Acts making appropriations 

for the Department of State, foreign operations, and related programs may be made available for programs and activities to assist 

vulnerable populations severely affected by the global financial 

crisis in a country that has signed a compact with the MCC or 

has been designated by the MCC as a threshold country: Provided, 

That such a modification of a compact or threshold program by 

the MCC should be made, if practicable, prior to making available 

additional assistance for such purposes: Provided further, That the 

MCC shall consult with the Committees on Appropriations prior 

to exercising the authority of this subsection. 

(d) REPORT.—The Secretary of State, in consultation with the 

Administrator of the United States Agency for International 

Development (USAID), shall submit a spending plan not later than 

45 days after the date of enactment of this Act to the Committees 

on Appropriations, and prior to the initial obligation of funds appropriated for countries impacted by the global economic crisis, 

detailing the use of all funds on a country-by-country, and projectby-project basis: Provided, That for each project, the report shall 

include (1) the projected long-term economic impact of providing 

such funds; (2) the name of the entity or implementing organization 

to which funds are being provided; (3) whether funds will be provided as a direct cash transfer to a local or national government 

entity; and (4) an assessment of whether USAID has reviewed 

its existing programs in such country to determine reprogramming 

opportunities to increase assistance for vulnerable populations: Provided further, That funds transferred to the Development Credit 

Authority and the Overseas Private Investment Corporation are 

subject to the reporting requirements in section 1104. 
H. R. 2346—42 

IRAQ

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

that are available for assistance for Iraq shall be made available, 

to the maximum extent practicable, in a manner that utilizes Iraqi 

entities. 

(b) MATCHING REQUIREMENT.—Funds appropriated in this title 

for assistance for Iraq shall be made available in accordance with 

the Department of State’s April 9, 2009, ‘‘Guidelines for Government 

of Iraq Financial Participation in United States GovernmentFunded Civilian Foreign Assistance Programs and Projects’’. 

(c) OTHER ASSISTANCE.—Of the funds appropriated in this title 

under the heading ‘‘Economic Support Fund’’, not less than 

$15,000,000 shall be made available for targeted development programs and activities in areas of conflict in Iraq, and the responsibility for policy decisions and justifications for the use of such 

funds shall be the responsibility of the United States Chief of 

Mission in Iraq. 

PROHIBITION ON ASSISTANCE TO HAMAS

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

may be made available for assistance to Hamas, or any entity 

effectively controlled by Hamas or any power-sharing government 

of which Hamas is a member. 

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

may be provided to a power-sharing government only if the President certifies in writing and reports to the Committees on Appropriations that such government, including all of its ministers or 

such equivalent, has publicly accepted and is complying with the 

principles contained in section 620K(b)(1)(A) and (B) of the Foreign 

Assistance Act of 1961. 

(c) The President may exercise the authority in section 620K(e) 

of the Foreign Assistance Act as added by the Palestinian AntiTerrorism Act of 2006 (Public Law 109–446) with respect to this 

section. 

(d) Whenever the certification pursuant to subsection (b) is 

exercised, the Secretary of State shall submit a report to the 

Committees on Appropriations within 120 days of the certification 

and every quarter thereafter on whether such government, 

including all of its ministers or such equivalent, are continuing 

to comply with the principles contained in section 620K(b)(1)(A) 

and (B) of the Foreign Assistance Act of 1961. The report shall 

also detail the amount, purposes and delivery mechanisms for any 

assistance provided pursuant to the abovementioned certification 

and a full accounting of any direct support of such government. 

TERMS AND CONDITIONS

SEC. 1108. Unless otherwise provided for in this Act, funds 

appropriated or otherwise made available in this title shall be 

available under the authorities and conditions provided in the 

Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2009 (division H of Public Law 111–8), except 

that sections 7070(e), with respect to funds made available for 

macroeconomic growth assistance for Zimbabwe, and 7042(a) and 

(c) of such Act shall not apply to funds made available in this 

title. 
H. R. 2346—43 

MULTILATERAL DEVELOPMENT BANK REPLENISHMENTS

SEC. 1109. (a) INTERNATIONAL DEVELOPMENT ASSOCIATION.— 

The International Development Association Act (22 U.S.C. 284 et 

seq.) is amended by adding at the end thereof the following: 

‘‘SEC. 24. FIFTEENTH REPLENISHMENT. 

‘‘(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United 

States $3,705,000,000 to the fifteenth replenishment of the 

resources of the Association, subject to obtaining the necessary 

appropriations. 

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

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $3,705,000,000 for payment by the Secretary of the Treasury. 

‘‘SEC. 25. MULTILATERAL DEBT RELIEF. 

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

on behalf of the United States, not more than $356,000,000 to 

the International Development Association for the purpose of 

funding debt relief under the Multilateral Debt Relief Initiative 

in the period governed by the fifteenth replenishment of resources 

of the International Development Association, subject to obtaining 

the necessary appropriations and without prejudice to any funding 

arrangements in existence on the date of the enactment of this 

section. 

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

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $356,000,000 for payment 

by the Secretary of the Treasury. 

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

means the proposal set out in the G8 Finance Ministers’ Communique entitled ‘Conclusions on Development,’ done at London, June 

11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles 

Summit on July 8, 2005.’’. 

(b) AFRICAN DEVELOPMENT FUND.—The African Development 

Fund Act (22 U.S.C. 290 et seq.) is amended by adding at the 

end thereof the following: 

‘‘SEC. 219. ELEVENTH REPLENISHMENT. 

‘‘(a) The United States Governor of the African Development 

Fund is authorized to contribute on behalf of the United States 

$468,165,000 to the eleventh replenishment of the resources of 

the Fund, subject to obtaining the necessary appropriations. 

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

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $468,165,000 for payment by the Secretary 

of the Treasury. 

‘‘SEC. 220. MULTILATERAL DEBT RELIEF INITIATIVE. 

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

on behalf of the United States, not more than $26,000,000 to the 

African Development Fund for the purpose of funding debt relief 

under the Multilateral Debt Relief Initiative in the period governed 

by the eleventh replenishment of resources of the African Development Fund, subject to obtaining the necessary appropriations and 
H. R. 2346—44 

without prejudice to any funding arrangements in existence on 

the date of the enactment of this section. 

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

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $26,000,000 for payment 

by the Secretary of the Treasury.’’. 

PROMOTION OF POLICY GOALS AT THE WORLD BANK GROUP

SEC. 1110. Title XVI of the International Financial Institutions 

Act (22 U.S.C. 262p et seq.) is amended by adding at the end 

thereof the following: 

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

WORLD BANK. 

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

States Executive Directors at the International Bank for 

Reconstruction and Development, the International Development 

Association, and the International Finance Corporation of the following United States policy goals, and to use the voice and vote 

of the United States to actively promote and work to achieve these 

goals: 

‘‘(1) Suspension of the use of the ‘Employing Workers’ Indicator for the purpose of ranking or scoring country performance 

in the annual Doing Business Report of the World Bank until 

a set of indicators can be devised that fairly represent the 

value of internationally recognized workers’ rights, including 

core labor standards, in creating a stable and favorable environment for attracting private investment. The indicators shall 

bring to bear the experiences of the member governments in 

dealing with the economic, social and political complexity of 

labor market issues. The indicators should be developed 

through collaborative discussions with and between the World 

Bank, the International Finance Corporation, the International 

Labor Organization, private companies, and labor unions. 

‘‘(2) Elimination of the ‘Labor Tax and Social Contributions’ 

Subindicator from the annual Doing Business Report of the 

World Bank. 

‘‘(3) Removal of the ‘Employing Workers’ Indicator as a 

‘guidepost’ for calculating the annual Country Policy and 

Institutional Assessment score for each recipient country. 

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

section, the Secretary of the Treasury shall provide an instruction 

to the United States Executive Directors referred to in subsection 

(a) to take appropriate actions with respect to implementing the 

policy goals of the United States set forth in subsection (a), and 

such instruction shall be posted on the website of the Department 

of the Treasury. 

‘‘SEC. 1627. ENHANCING THE TRANSPARENCY AND EFFECTIVENESS 

OF THE INSPECTION PANEL PROCESS OF THE WORLD 

BANK. 

‘‘(a) ENHANCING TRANSPARENCY IN IMPLEMENTATION OF

MANAGEMENT ACTION PLANS.—The Secretary of the Treasury shall 

direct the United States Executive Directors at the World Bank 

to seek to ensure that World Bank Procedure 17.55, which establishes the operating procedures of Management with regard to 

the Inspection Panel, provides that Management prepare and make 
H. R. 2346—45 

available to the public semiannual progress reports describing 

implementation of Action Plans considered by the Board; allow 

and receive comments from Requesters and other Affected Parties 

for two months after the date of disclosure of the progress reports; 

post these comments on World Bank and Inspection Panel websites 

(after receiving permission from the requestors to post with or 

without attribution); submit the reports to the Board with any 

comments received; and make public the substance of any actions 

taken by the Board after Board consideration of the reports. 

‘‘(b) SAFEGUARDING THE INDEPENDENCE AND EFFECTIVENESS OF

THE INSPECTION PANEL.—The Secretary of the Treasury shall direct 

the United States Executive Directors at the World Bank to continue to promote the independence and effectiveness of the Inspection Panel, including by seeking to ensure the availability of, and 

access by claimants to, the Inspection Panel for projects supported 

by World Bank resources. 

‘‘(c) EVALUATION OF COUNTRY SYSTEMS.—The Secretary of the 

Treasury shall direct the United States Executive Directors at 

the World Bank to request an evaluation by the Independent 

Evaluation Group on the use of country environmental and social 

safeguard systems to determine the degree to which, in practice, 

the use of such systems provides the same level of protection 

at the project level as do the policies and procedures of the World 

Bank. 

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

Bank’ means the International Bank for Reconstruction and 

Development and the International Development Association.’’. 

CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING

SEC. 1111. Title XIII of the International Financial Institutions 

Act (22 U.S.C. 262m et seq.) is amended by adding at the end 

thereof the following: 

‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS 

ACCOUNTING. 

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

of the Treasury shall seek to ensure that multilateral development 

banks (as defined in section 1701(c)(4) of this Act) adopt and implement greenhouse gas accounting in analyzing the benefits and 

costs of individual projects (excluding those with de minimus greenhouse gas emissions) for which funding is sought from the bank. 

‘‘(b) EXPANSION OF CLIMATE CHANGE MITIGATION ACTIVITIES.— 

The Secretary of the Treasury shall work to ensure that the multilateral development banks (as defined in section 1701(c)(4)) expand 

their activities supporting climate change mitigation by— 

‘‘(1) significantly expanding support for investments in 

energy efficiency and renewable energy, including zero carbon 

technologies; 

‘‘(2) reviewing all proposed infrastructure investments to 

ensure that all opportunities for integrating energy efficiency 

measures have been considered; 

‘‘(3) increasing the dialogue with the governments of developing countries regarding— 

‘‘(A) analysis and policy measures needed for low 

carbon emission economic development; and 
H. R. 2346—46 

‘‘(B) reforms needed to promote private sector investments in energy efficiency and renewable energy, including 

zero carbon technologies; and 

‘‘(4) integrate low carbon emission economic development 

objectives into multilateral development bank country strategies. 

‘‘(c) REPORT TO CONGRESS.—Not later than 1 year after the 

date of the enactment of this section, and annually thereafter, 

the Secretary of the Treasury shall submit a report on the status 

of efforts to implement this section to the Committee on Foreign 

Relations and the Committee on Appropriations of the Senate and 

the Committee on Financial Services and the Committee on Appropriations of the House of Representatives.’’. 

MULTILATERAL DEVELOPMENT BANK REFORM

SEC. 1112. (a) BUDGET DISCLOSURE.—The Secretary of the 

Treasury shall seek to ensure that the multilateral development 

banks make timely, public disclosure of their operating budgets 

including expenses for staff, consultants, travel and facilities. 

(b) EVALUATION.—The Secretary of the Treasury shall seek 

to ensure that multilateral development banks rigorously evaluate 

the development impact of selected bank projects, programs, and 

financing operations, and emphasize use of random assignment 

in conducting such evaluations, where appropriate and to the extent 

feasible. 

(c) EXTRACTIVE INDUSTRIES.—The Secretary of the Treasury 

shall direct the United States Executive Directors at the multilateral development banks to promote the endorsement of the Extractive Industry Transparency Initiative (EITI) by these institutions 

and the integration of the principles of the EITI into extractive 

industry-related projects that are funded by the multilateral 

development banks. 

(d) REPORT.—Not later than September 30, 2009, the Secretary 

of the Treasury shall submit a report to the Committee on Appropriations and the Committee on Foreign Relations of the Senate, 

and the Committee on Appropriations and the Committee on Financial Services of the House of Representatives, detailing actions 

taken by the multilateral development banks to achieve the objectives of this section. 

(e) COORDINATION OF DEVELOPMENT POLICY.—The Secretary 

of the Treasury shall consult with the Secretary of State, the 

Administrator of the United States Agency for International 

Development, and other Federal agencies, as appropriate, in the 

formulation and implementation of United States policy relating 

to the development activities of the World Bank Group. 

OVERSEAS COMPARABILITY PAY ADJUSTMENT

SEC. 1113. (a) Subject to such regulations prescribed by the 

Secretary of State, including with respect to phase-in schedule 

and treatment as basic pay, and notwithstanding any other provision of law, funds appropriated for this fiscal year in this or any 

other Act may be used to pay an eligible member of the Foreign 

Service as defined in subsection (b) of this section a locality-based 

comparability payment (stated as a percentage) up to the amount 

of the locality-based comparability payment (stated as a percentage) 

that would be payable to such member under section 5304 of title 
H. R. 2346—47 

5, United States Code if such member’s official duty station were 

in the District of Columbia. 

(b) A member of the Service shall be eligible for a payment 

under this section only if the member is designated class 1 or 

below for purposes of section 403 of the Foreign Service Act of 

1980 (22 U.S.C. 3963) and the member’s official duty station is 

not in the continental United States or in a non-foreign area, 

as defined in section 591.205 of title 5, Code of Federal Regulations. 

(c) The amount of any locality-based comparability payment 

that is paid to a member of the Foreign Service under this section 

shall be subject to any limitations on pay applicable to localitybased comparability payments under section 5304 of title 5, United 

States Code. 

REFUGEE PROGRAMS AND OVERSIGHT

(INCLUDING TRANSFER OF FUNDS)

SEC. 1114. (a) FUNDING.—Of the funds appropriated in this 

title under the heading ‘‘Migration and Refugee Assistance’’, up 

to $119,000,000 may be made available to the United Nations 

Relief and Works Agency for activities in the West Bank and 

Gaza. 

(b) OVERSIGHT.—Of the funds made available in this title under 

the heading ‘‘Economic Support Fund’’ for assistance for the West 

Bank and Gaza, $1,000,000 shall be transferred to, and merged 

with, funds available under the heading ‘‘Administration of Foreign 

Affairs, Office of Inspector General’’ for oversight of programs in 

the West Bank, Gaza and surrounding region. 

TECHNICAL AND OTHER PROVISIONS

SEC. 1115. (a) MODIFICATION.—Title III of division H of Public 

Law 111–8 is amended under the heading ‘‘Economic Support Fund’’ 

in the second proviso by striking ‘‘up to $20,000,000’’ and inserting 

‘‘not less than $20,000,000’’. 

(b) NOTIFICATION REQUIREMENT.—Funds appropriated by this 

Act that are transferred to the Department of State or the United 

States Agency for International Development from any other Federal department or agency shall be subject to the regular notification 

procedures of the Committees on Appropriations, notwithstanding 

any other provision of law. 

(c) REEMPLOYMENT OF ANNUITANTS.— 

(1) Section 824 of the Foreign Service Act of 1980 (22 

U.S.C. 4064) is amended in subsection (g)(1) by inserting ‘‘, 

Pakistan,’’ after ‘‘Iraq’’ each place it appears; and, in subsection 

(g)(2) by striking ‘‘2009’’ and inserting instead ‘‘2010’’. 

(2) Section 61 of the State Department Basic Authorities 

Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1) 

by adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ each place it appears; 

and, in subsection (a)(2) by striking ‘‘2008’’ and inserting 

instead ‘‘2010’’. 

(3) Section 625 of the Foreign Assistance Act of 1961 (22 

U.S.C. 2385) is amended in subsection (j)(1)(A) by adding ‘‘, 

Pakistan,’’ after ‘‘Iraq’’ each place it appears; and, in subsection 

(j)(1)(B) by striking ‘‘2008’’ and inserting instead ‘‘2010’’. 
H. R. 2346—48 

(d) INCENTIVES FOR CRITICAL POSTS.—Notwithstanding sections 

5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United States Code, appropriations made available by this or any other Act may be used 

to pay recruitment, relocation, and retention bonuses under chapter 

57 of title 5, United States Code to members of the Foreign Service, 

other than chiefs of mission and ambassadors at large, who are 

on official duty in Iraq, Afghanistan, or Pakistan. This authority 

shall terminate on October 1, 2010. 

(e) Of the funds appropriated under the heading ‘‘Foreign Military Financing Program’’ in Public Law 110–161 that are available 

for assistance for Colombia, $500,000 may be transferred to, and 

merged with, funds appropriated under the heading ‘‘International 

Narcotics Control and Law Enforcement’’ to provide medical and 

rehabilitation assistance for members of Colombian security forces 

who have suffered severe injuries. 

AFGHANISTAN AND PAKISTAN COMMITMENT AND CAPABILITIES REPORT

SEC. 1116. (a) REPORTING REQUIREMENT.—Not later than the 

date of submission of the fiscal year 2011 budget request, the 

President shall submit a report to the appropriate congressional 

committees, in classified form if necessary, assessing the extent 

to which the Afghan and Pakistani governments are demonstrating 

the necessary commitment, capability, conduct and unity of purpose 

to warrant the continuation of the President’s policy announced 

on March 27, 2009, to include: 

(1) the level of political consensus and unity of purpose 

across ethnic, tribal, religious and political party affiliations 

to confront the political and security challenges facing the 

region; 

(2) the level of government corruption that undermines 

such political consensus and unity of purpose, and actions taken 

to eliminate it; 

(3) the actions taken by respective security forces and 

appropriate government entities in developing a counterinsurgency capability, conducting counterinsurgency operations and 

establishing security and governance on the ground; 

(4) the actions taken by respective intelligence agencies 

in cooperating with the United States on counterinsurgency 

and counterterrorism operations and in terminating policies 

and programs, and removing personnel, that provide material 

support to extremist networks that target United States troops 

or undermine United States objectives in the region; 

(5) the ability of the Afghan and Pakistani governments 

to effectively control and govern the territory within their 

respective borders; and 

(6) the ways in which United States Government assistance 

contributed, or failed to contribute, to achieving the actions 

outlined above. 

(b) POLICY ASSESSMENT.—The President, on the basis of 

information gathered and coordinated by the National Security 

Council, shall advise the appropriate congressional committees on 

how such assessment requires, or does not require, changes to 

such policy. 

(c) DEFINITION.—For purposes of this section, ‘‘appropriate 

congressional committees’’ means the Committees on Appropriations, Foreign Relations and Armed Services of the Senate, and 
H. R. 2346—49 

the Committees on Appropriations, Foreign Affairs and Armed Services of the House of Representatives. 

UNITED STATES POLICY REPORT ON AFGHANISTAN AND PAKISTAN

SEC. 1117. (a) STATEMENT OF OBJECTIVES.—Not later than 90 

days after the date of the enactment of this Act, the President 

shall submit to the appropriate congressional committees a clear 

statement of the objectives of United States policy with respect 

to Afghanistan and Pakistan, and the metrics to be utilized to 

assess progress toward achieving such objectives. 

(b) REPORTING REQUIREMENT.—Not later than March 30, 2010 

and every 180 days thereafter until September 30, 2011, the President, in consultation with Coalition partners as appropriate, shall 

submit to the appropriate congressional committees a report, in 

classified form if necessary, setting forth the following: 

(1) a description and assessment of the progress of United 

States Government efforts, including those of the Department 

of Defense, the Department of State, the United States Agency 

for International Development, and the Department of Justice, 

in achieving the objectives for Afghanistan and Pakistan in 

subsection (a); 

(2) any modification of the metrics in subsection (a) in 

light of circumstances in Afghanistan or Pakistan, together 

with a justification for such modification; and 

(3) recommendations for the additional resources or 

authorities, if any, required to achieve such objectives for 

Afghanistan and Pakistan. 

(c) CLASSIFICATION.—Any report submitted in classified form 

shall include an unclassified annex or summary of the matters 

contained in the report. 

(d) DEFINITION.—For purposes of this section, ‘‘appropriate 

congressional committees’’ means— 

(1) the Committees on Armed Services, Appropriations, 

Foreign Relations, Homeland Security and Governmental 

Affairs, and the Judiciary, and the Select Committee on Intelligence of the Senate; and 

(2) the Committees on Armed Services, Appropriations, 

Foreign Affairs, Homeland Security, and the Judiciary, and 

the Permanent Select Committee on Intelligence of the House 

of Representatives. 

TITLE XII 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available under Public Law 111– 

8 and funds authorized under subsection 41742(a)(1) of title 49, 

United States Code, to carry out the essential air service program, 

to be derived from the Airport and Airway Trust Fund, $13,200,000, 

to remain available until expended. 
H. R. 2346—50 

FEDERAL AVIATION ADMINISTRATION

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

Of the amounts authorized under sections 48103 and 48112 

of title 49, United States Code, $13,200,000 are permanently 

rescinded from amounts authorized for the fiscal year ending September 30, 2008. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 1201. Section 1937(d) of Public Law 109–59 (119 Stat. 

1144, 1510) is amended— 

(1) in paragraph (1) by striking ‘‘expenditures’’ each place 

that it appears and inserting ‘‘allocations’’; and 

(2) in paragraph (2) by striking ‘‘expenditure’’ and inserting 

‘‘allocation’’. 

SEC. 1202. A recipient and subrecipient of funds appropriated 

in Public Law 111–5 and apportioned pursuant to section 5311 

and section 5336 (other than subsection (i)(1) and (j)) of title 49, 

United States Code, may use up to 10 percent of the amount 

apportioned for the operating costs of equipment and facilities for 

use in public transportation or for eligible activities under section 

5311(f): Provided, That a grant obligating such funds on or after 

February 17, 2009, may be amended to allow a recipient and subrecipient to use the funds made available for operating assistance: 

Provided further, That applicable chapter 53 requirements apply, 

except for the Federal share which shall be, at the option of the 

recipient, up to 100 percent. 

SEC. 1203. Public Law 110–329, under the heading ‘‘ProjectBased Rental Assistance’’, is amended by striking ‘‘project-based 

vouchers’’ and all that follows up to the period and inserting ‘‘activities and assistance for the provision of tenant-based rental assistance, including related administrative expenses, as authorized 

under the United States Housing Act of 1937, as amended (42 

U.S.C. 1437 et seq.), $80,000,000, to remain available until 

expended: Provided, That such funds shall be made available within 

60 days of the enactment of this Act: Provided further, That in 

carrying out the activities authorized under this heading, the Secretary shall waive section (o)(13)(B) of the United States Housing 

Act of 1937 (42 U.S.C. 1437f(o)(13)(B))’’. 

SEC. 1204. Public Law 111–5 is amended by striking the second 

proviso under the heading ‘‘HOME Investment Partnerships Program’’ and inserting ‘‘Provided further, That the housing credit 

agencies in each State shall distribute these funds competitively 

under this heading and pursuant to their qualified allocation plan 

(as defined in section 42(m) of the Internal Revenue Code of 1986) 

to owners of projects who have received or receive simultaneously 

an award of low-income housing tax credits under sections 42(h) 

and 1400N of the Internal Revenue Code of 1986:’’. 

SEC. 1205. Notwithstanding Section 1606, amounts made available under Division A of Public Law 111-5 for the ‘‘Public Housing 

Capital Fund’’ to carry out capital and management activities for 

public housing agencies as authorized under section 9 of the United 
H. R. 2346—51 

States Housing Act of 1937 (42 U.S.C. 1437g) shall be subject 

to 42 U.S.C. 1437j; for the ‘‘Community Development Fund’’ to 

carry out the community development block grant program under 

title I of the Housing and Community Development Act of 1974 

(42 U.S.C. 5301 et seq.) shall be subject to 42 U.S.C. 5310 (or 

a waiver under 42 U.S.C. 5307(e)(2)); for ‘‘Native American Housing 

Block Grants,’’ as authorized under title I of the Native American 

Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 

4111 et seq.) (‘‘NAHASDA’’) shall be subject to 25 U.S.C. 4114(b); 

and for a housing entity eligible to receive funding under title 

VIII of NAHASDA (25 U.S.C. 4221 et seq.) shall be subject to 

25 U.S.C. 4225(b). 

TITLE XIII—CONSUMER ASSISTANCE TO RECYCLE AND 

SAVE PROGRAM 

SEC. 1301. SHORT TITLE.—This title may be cited as the ‘‘Consumer Assistance to Recycle and Save Act of 2009’’. 

SEC. 1302. CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM.—(a) ESTABLISHMENT.—There is established in the National 

Highway Traffic Safety Administration a voluntary program to 

be known as the ‘‘Consumer Assistance to Recycle and Save Program’’ through which the Secretary, in accordance with this section 

and the regulations promulgated under subsection (d), shall— 

(1) authorize the issuance of an electronic voucher, subject 

to the specifications set forth in subsection (c), to offset the 

purchase price or lease price for a qualifying lease of a new 

fuel efficient automobile upon the surrender of an eligible tradein vehicle to a dealer participating in the Program; 

(2) register dealers for participation in the Program and 

require that all registered dealers— 

(A) accept vouchers as provided in this section as partial payment or down payment for the purchase or qualifying lease of any new fuel efficient automobile offered 

for sale or lease by that dealer; and 

(B) in accordance with subsection (c)(2), to transfer 

each eligible trade-in vehicle surrendered to the dealer 

under the Program to an entity for disposal; 

(3) in consultation with the Secretary of the Treasury, 

make electronic payments to dealers for eligible transactions 

by such dealers, in accordance with the regulations issued 

under subsection (d); and 

(4) in consultation with the Secretary of the Treasury and 

the Inspector General of the Department of Transportation, 

establish and provide for the enforcement of measures to prevent and penalize fraud under the program. 

(b) QUALIFICATIONS FOR AND VALUE OF VOUCHERS.—A voucher 

issued under the Program shall have a value that may be applied 

to offset the purchase price or lease price for a qualifying lease 

of a new fuel efficient automobile as follows: 

(1) $3,500 VALUE.—The voucher may be used to offset the 

purchase price or lease price of the new fuel efficient automobile 

by $3,500 if— 

(A) the new fuel efficient automobile is a passenger 

automobile and the combined fuel economy value of such 

automobile is at least 4 miles per gallon higher than the 

combined fuel economy value of the eligible trade-in vehicle; 
H. R. 2346—52 

(B) the new fuel efficient automobile is a category 

1 truck and the combined fuel economy value of such 

truck is at least 2 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; 

(C) the new fuel efficient automobile is a category 

2 truck that has a combined fuel economy value of at 

least 15 miles per gallon and— 

(i) the eligible trade-in vehicle is a category 2 

truck and the combined fuel economy value of the 

new fuel efficient automobile is at least 1 mile per 

gallon higher than the combined fuel economy value 

of the eligible trade-in vehicle; or 

(ii) the eligible trade-in vehicle is a category 3 

truck of model year 2001 or earlier; or 

(D) the new fuel efficient automobile is a category 

3 truck and the eligible trade-in vehicle is a category 3 

truck of model year of 2001 or earlier and is of similar 

size or larger than the new fuel efficient automobile as 

determined in a manner prescribed by the Secretary. 

(2) $4,500 VALUE.—The voucher may be used to offset the 

purchase price or lease price of the new fuel efficient automobile 

by $4,500 if— 

(A) the new fuel efficient automobile is a passenger 

automobile and the combined fuel economy value of such 

automobile is at least 10 miles per gallon higher than 

the combined fuel economy value of the eligible tradein vehicle; 

(B) the new fuel efficient automobile is a category 

1 truck and the combined fuel economy value of such 

truck is at least 5 miles per gallon higher than the combined fuel economy value of the eligible trade-in vehicle; 

or 

(C) the new fuel efficient automobile is a category 

2 truck that has a combined fuel economy value of at 

least 15 miles per gallon and the combined fuel economy 

value of such truck is at least 2 miles per gallon higher 

than the combined fuel economy value of the eligible tradein vehicle and the eligible trade-in vehicle is a category 

2 truck. 

(c) PROGRAM SPECIFICATIONS.— 

(1) LIMITATIONS.— 

(A) GENERAL PERIOD OF ELIGIBILITY.—A voucher issued 

under the Program shall be used only in connection with 

the purchase or qualifying lease of new fuel efficient automobiles that occur between July 1, 2009 and November 

1, 2009. 

(B) NUMBER OF VOUCHERS PER PERSON AND PER TRADE- IN VEHICLE.—Not more than 1 voucher may be issued for 

a single person and not more than 1 voucher may be 

issued for the joint registered owners of a single eligible 

trade-in vehicle. 

(C) NO COMBINATION OF VOUCHERS.—Only 1 voucher 

issued under the Program may be applied toward the purchase or qualifying lease of a single new fuel efficient 

automobile. 

(D) CAP ON FUNDS FOR CATEGORY 3 TRUCKS.—Not more 

than 7.5 percent of the total funds made available for 
H. R. 2346—53 

the Program shall be used for vouchers for the purchase 

or qualifying lease of category 3 trucks. 

(E) COMBINATION WITH OTHER INCENTIVES PERMITTED.—The availability or use of a Federal, State, or 

local incentive or a State-issued voucher for the purchase 

or lease of a new fuel efficient automobile shall not limit 

the value or issuance of a voucher under the Program 

to any person otherwise eligible to receive such a voucher. 

(F) NO ADDITIONAL FEES.—A dealer participating in 

the program may not charge a person purchasing or leasing 

a new fuel efficient automobile any additional fees associated with the use of a voucher under the Program. 

(G) NUMBER AND AMOUNT.—The total number and 

value of vouchers issued under the Program may not exceed 

the amounts appropriated for such purpose. 

(2) DISPOSITION OF ELIGIBLE TRADE-IN VEHICLES.— 

(A) IN GENERAL.—For each eligible trade-in vehicle 

surrendered to a dealer under the Program, the dealer 

shall certify to the Secretary, in such manner as the Secretary shall prescribe by rule, that the dealer— 

(i) has not and will not sell, lease, exchange, or 

otherwise dispose of the vehicle for use as an automobile in the United States or in any other country; 

and 

(ii) will transfer the vehicle (including the engine 

block), in such manner as the Secretary prescribes, 

to an entity that will ensure that the vehicle— 

(I) will be crushed or shredded within such 

period and in such manner as the Secretary prescribes; and 

(II) has not been, and will not be, sold, leased, 

exchanged, or otherwise disposed of for use as 

an automobile in the United States or in any other 

country. 

(B) SAVINGS PROVISION.—Nothing in subparagraph (A) 

may be construed to preclude a person who is responsible 

for ensuring that the vehicle is crushed or shredded from— 

(i) selling any parts of the disposed vehicle other 

than the engine block and drive train (unless with 

respect to the drive train, the transmission, drive shaft, 

or rear end are sold as separate parts); or 

(ii) retaining the proceeds from such sale. 

(C) COORDINATION.—The Secretary shall coordinate 

with the Attorney General to ensure that the National 

Motor Vehicle Title Information System and other publicly 

accessible systems are appropriately updated on a timely 

basis to reflect the crushing or shredding of vehicles under 

this section and appropriate reclassification of the vehicles’ 

titles. The commercial market shall also have electronic 

and commercial access to the vehicle identification numbers 

of vehicles that have been disposed of on a timely basis. 

(d) REGULATIONS.—Notwithstanding the requirements of section 553 of title 5, United States Code, the Secretary shall promulgate final regulations to implement the Program not later than 

30 days after the date of the enactment of this Act. Such regulations 

shall— 
H. R. 2346—54 

(1) provide for a means of registering dealers for participation in the Program; 

(2) establish procedures for the reimbursement of dealers 

participating in the Program to be made through electronic 

transfer of funds for the amount of the vouchers as soon as 

practicable but no longer than 10 days after the submission 

of information supporting the eligible transaction, as deemed 

appropriate by the Secretary; 

(3) require the dealer to use the voucher in addition to 

any other rebate or discount advertised by the dealer or offered 

by the manufacturer for the new fuel efficient automobile and 

prohibit the dealer from using the voucher to offset any such 

other rebate or discount; 

(4) require dealers to disclose to the person trading in 

an eligible trade-in vehicle the best estimate of the scrappage 

value of such vehicle and to permit the dealer to retain $50 

of any amounts paid to the dealer for scrappage of the automobile as payment for any administrative costs to the dealer 

associated with participation in the Program; 

(5) consistent with subsection (c)(2), establish requirements 

and procedures for the disposal of eligible trade-in vehicles 

and provide such information as may be necessary to entities 

engaged in such disposal to ensure that such vehicles are 

disposed of in accordance with such requirements and procedures, including— 

(A) requirements for the removal and appropriate disposition of refrigerants, antifreeze, lead products, mercury 

switches, and such other toxic or hazardous vehicle components prior to the crushing or shredding of an eligible 

trade-in vehicle, in accordance with rules established by 

the Secretary in consultation with the Administrator of 

the Environmental Protection Agency, and in accordance 

with other applicable Federal or State requirements; 

(B) a mechanism for dealers to certify to the Secretary 

that each eligible trade-in vehicle will be transferred to 

an entity that will ensure that the vehicle is disposed 

of, in accordance with such requirements and procedures, 

and to submit the vehicle identification numbers of the 

vehicles disposed of and the new fuel efficient automobile 

purchased with each voucher; 

(C) a mechanism for obtaining such other certifications 

as deemed necessary by the Secretary from entities engaged 

in vehicle disposal; and 

(D) a list of entities to which dealers may transfer 

eligible trade-in vehicles for disposal; and 

(6) provide for the enforcement of the penalties described 

in subsection (e). 

(e) ANTI-FRAUD PROVISIONS.— (1) VIOLATION.—It shall be unlawful for any person to 

violate any provision under this section or any regulations 

issued pursuant to subsection (d) (other than by making a 

clerical error). 

(2) PENALTIES.—Any person who commits a violation 

described in paragraph (1) shall be liable to the United States 

Government for a civil penalty of not more than $15,000 for 

each violation. The Secretary shall have the authority to assess 

and compromise such penalties, and shall have the authority 
H. R. 2346—55 

to require from any entity the records and inspections necessary 

to enforce this program. In determining the amount of the 

civil penalty, the severity of the violation and the intent and 

history of the person committing the violation shall be taken 

into account. 

(f) INFORMATION TO CONSUMERS AND DEALERS.—Not later than 

30 days after the date of the enactment of this Act, and promptly 

upon the update of any relevant information, the Secretary, in 

consultation with the Administrator of the Environmental Protection Agency, shall make available on an Internet website and 

through other means determined by the Secretary information about 

the Program, including— 

(1) how to determine if a vehicle is an eligible tradein vehicle; 

(2) how to participate in the Program, including how to 

determine participating dealers; and 

(3) a comprehensive list, by make and model, of new fuel 

efficient automobiles meeting the requirements of the Program. 

Once such information is available, the Secretary shall conduct 

a public awareness campaign to inform consumers about the Program and where to obtain additional information. 

(g) RECORD KEEPING AND REPORT.— 

(1) DATABASE.—The Secretary shall maintain a database 

of the vehicle identification numbers of all new fuel efficient 

vehicles purchased or leased and all eligible trade-in vehicles 

disposed of under the Program. 

(2) REPORT ON EFFICACY OF THE PROGRAM.—Not later than 

60 days after the termination date described in subsection 

(c)(1)(A), the Secretary shall submit a report to the Committee 

on Energy and Commerce of the House of Representatives 

and the Committee on Commerce, Science, and Transportation 

of the Senate describing the efficacy of the Program, including— 

(A) a description of Program results, including— 

(i) the total number and amount of vouchers issued 

for purchase or lease of new fuel efficient automobiles 

by manufacturer (including aggregate information concerning the make, model, model year) and category 

of automobile; 

(ii) aggregate information regarding the make, 

model, model year, and manufacturing location of 

vehicles traded in under the Program; and 

(iii) the location of sale or lease; 

(B) an estimate of the overall increase in fuel efficiency 

in terms of miles per gallon, total annual oil savings, and 

total annual greenhouse gas reductions, as a result of the 

Program; and 

(C) an estimate of the overall economic and employment effects of the Program. 

(h) EXCLUSION OF VOUCHERS FROM INCOME.— (1) FOR PURPOSES OF ALL FEDERAL AND STATE PROGRAMS.— 

A voucher issued under this program or any payment made 

for such a voucher pursuant to subsection (a)(3) shall not be 

regarded as income and shall not be regarded as a resource 

for the month of receipt of the voucher and the following 12 

months, for purposes of determining the eligibility of the 

recipient of the voucher (or the recipient’s spouse or other 

family or household members) for benefits or assistance, or 
H. R. 2346—56 

the amount or extent of benefits or assistance, under any Federal or State program. 

(2) FOR PURPOSES OF TAXATION.—A voucher issued under 

the program or any payment made for such a voucher pursuant 

to subsection (a)(3) shall not be considered as gross income 

of the purchaser of a vehicle for purposes of the Internal Revenue Code of 1986. 

(i) DEFINITIONS.—As used in this section— 

(1) the term ‘‘passenger automobile’’ means a passenger 

automobile, as defined in section 32901(a)(18) of title 49, United 

States Code, that has a combined fuel economy value of at 

least 22 miles per gallon; 

(2) the term ‘‘category 1 truck’’ means a nonpassenger 

automobile, as defined in section 32901(a)(17) of title 49, United 

States Code, that has a combined fuel economy value of at 

least 18 miles per gallon, except that such term does not 

include a category 2 truck; 

(3) the term ‘‘category 2 truck’’ means a large van or 

a large pickup, as categorized by the Secretary using the 

method used by the Environmental Protection Agency and 

described in the report entitled ‘‘Light-Duty Automotive Technology and Fuel Economy Trends: 1975 through 2008’’; 

(4) the term ‘‘category 3 truck’’ means a work truck, as 

defined in section 32901(a)(19) of title 49, United States Code; 

(5) the term ‘‘combined fuel economy value’’ means— 

(A) with respect to a new fuel efficient automobile, 

the number, expressed in miles per gallon, centered below 

the words ‘‘Combined Fuel Economy’’ on the label required 

to be affixed or caused to be affixed on a new automobile 

pursuant to subpart D of part 600 of title 40, Code of 

Federal Regulations; 

(B) with respect to an eligible trade-in vehicle, the 

equivalent of the number described in subparagraph (A), 

and posted under the words ‘‘Estimated New EPA MPG’’ 

and above the word ‘‘Combined’’ for vehicles of model year 

1984 through 2007, or posted under the words ‘‘New EPA 

MPG’’ and above the word ‘‘Combined’’ for vehicles of model 

year 2008 or later on the fueleconomy.gov website of the 

Environmental Protection Agency for the make, model, and 

year of such vehicle; or 

(C) with respect to an eligible trade-in vehicle manufactured between model years 1978 through 1985, the equivalent of the number described in subparagraph (A) as determined by the Secretary (and posted on the website of 

the National Highway Traffic Safety Administration) using 

data maintained by the Environmental Protection Agency 

for the make, model, and year of such vehicle. 

(6) the term ‘‘dealer’’ means a person licensed by a State 

who engages in the sale of new automobiles to ultimate purchasers; 

(7) the term ‘‘eligible trade-in vehicle’’ means an automobile 

or a work truck (as such terms are defined in section 32901(a) 

of title 49, United States Code) that, at the time it is presented 

for trade-in under this section— 

(A) is in drivable condition; 

(B) has been continuously insured consistent with the 

applicable State law and registered to the same owner 
H. R. 2346—57 

for a period of not less than 1 year immediately prior 

to such trade-in; 

(C) was manufactured less than 25 years before the 

date of the trade-in; and 

(D) in the case of an automobile, has a combined fuel 

economy value of 18 miles per gallon or less; 

(8) the term ‘‘new fuel efficient automobile’’ means an automobile described in paragraph (1), (2), (3), or (4)— 

(A) the equitable or legal title of which has not been 

transferred to any person other than the ultimate purchaser; 

(B) that carries a manufacturer’s suggested retail price 

of $45,000 or less; 

(C) that— 

(i) in the case of passenger automobiles, category 

1 trucks, or category 2 trucks, is certified to applicable 

standards under section 86.1811–04 of title 40, Code 

of Federal Regulations; or 

(ii) in the case of category 3 trucks, is certified 

to the applicable vehicle or engine standards under 

section 86.1816–08, 86–007–11, or 86.008–10 of title 

40, Code of Federal Regulations; and 

(D) that has the combined fuel economy value of at 

least— 

(i) 22 miles per gallon for a passenger automobile; 

(ii) 18 miles per gallon for a category 1 truck; 

or 

(iii) 15 miles per gallon for a category 2 truck; 

(9) the term ‘‘Program’’ means the Consumer Assistance 

to Recycle and Save Program established by this section; 

(10) the term ‘‘qualifying lease’’ means a lease of an automobile for a period of not less than 5 years; 

(11) the term ‘‘scrappage value’’ means the amount received 

by the dealer for a vehicle upon transferring title of such 

vehicle to the person responsible for ensuring the dismantling 

and destroying of the vehicle; 

(12) the term ‘‘Secretary’’ means the Secretary of Transportation acting through the National Highway Traffic Safety 

Administration; 

(13) the term ‘‘ultimate purchaser’’ means, with respect 

to any new automobile, the first person who in good faith 

purchases such automobile for purposes other than resale; 

(14) the term ‘‘vehicle identification number’’ means the 

17 character number used by the automobile industry to identify individual automobiles; and 

(15) the term ‘‘voucher’’ means an electronic transfer of 

funds to a dealer based on an eligible transaction under this 

program. 

(j) APPROPRIATION.—There is hereby appropriated to the Secretary of Transportation $1,000,000,000, of which up to $50,000,000 

is available for administration, to remain available until expended 

to carry out this section. 
H. R. 2346—58 

TITLE XIV 

OTHER MATTERS 

INTERNATIONAL ASSISTANCE PROGRAMS 

INTERNATIONAL MONETARY PROGRAMS 

UNITED STATES QUOTA, INTERNATIONAL MONETARY FUND

For an increase in the United States quota in the International 

Monetary Fund, the dollar equivalent of 4,973,100,000 Special 

Drawing Rights, to remain available until expended: Provided, That 

the cost of the amounts provided herein shall be determined as 

provided under the Federal Credit Reform Act of 1990 (2 U.S.C. 

661 et. seq.): Provided further, That for purposes of section 502(5) 

of the Federal Credit Reform Act of 1990, the discount rate in 

section 502(5)(E) shall be adjusted for market risks: Provided further, That section 504(b) of the Federal Credit Reform Act of 1990 

(2 U.S.C. 661c(b)) shall not apply. 

LOANS TO INTERNATIONAL MONETARY FUND

For loans to the International Monetary Fund under section 

17(a)(2) and (b)(2) of the Bretton Woods Agreements Act (Public 

Law 87–490, 22 U.S.C. 286e–2), as amended by this Act pursuant 

to the New Arrangements to Borrow, the dollar equivalent of up 

to 75,000,000,000 Special Drawing Rights, to remain available until 

expended, in addition to any amounts previously appropriated under 

section 17 of such Act: Provided, That if the United States agrees 

to an expansion of its credit arrangement in an amount less than 

the dollar equivalent of 75,000,000,000 Special Drawing Rights, 

any amount over the United States’ agreement shall not be available 

until further appropriated: Provided further, That the cost of the 

amounts provided herein shall be determined as provided under 

the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): 

Provided further, That for purposes of section 502(5) of the Federal 

Credit Reform Act of 1990, the discount rate in section 502(5)(E) 

shall be adjusted for market risks: Provided further, That section 

504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) 

shall not apply. 

GENERAL PROVISIONS—INTERNATIONAL ASSISTANCE 

PROGRAMS 

SEC. 1401. Section 17 of the Bretton Woods Agreements Act 

(22 U.S.C. 286e–2) is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘(1)’’ before ‘‘In order to’’; and 

(B) by adding at the end the following: 

‘‘(2) In order to carry out the purposes of a one-time decision 

of the Executive Directors of the International Monetary Fund 

(the Fund) to expand the resources of the New Arrangements 

to Borrow, established pursuant to the decision of January 

27, 1997 referred to in paragraph (1) above, and to make 

other amendments to the New Arrangements to Borrow to 

achieve an expanded and more flexible New Arrangements 

to Borrow as contemplated by paragraph 17 of the G–20 
H. R. 2346—59 

Leaders’ Statement of April 2, 2009 in London, the Secretary 

of the Treasury is authorized to instruct the United States 

Executive Director to consent to such amendments notwithstanding subsection (d) of this section, and to make loans, 

in an amount not to exceed the dollar equivalent of 

75,000,000,000 Special Drawing Rights, in addition to any 

amounts previously authorized under this section and limited 

to such amounts as are provided in advance in appropriations 

Acts, except that prior to activation, the Secretary of the 

Treasury shall report to Congress on whether supplementary 

resources are needed to forestall or cope with an impairment 

of the international monetary system and whether the Fund 

has fully explored other means of funding, to the Fund under 

article VII, section 1(i), of the Articles of Agreement of the 

Fund: Provided, That prior to instructing the United States 

Executive Director to provide consent to such amendments, 

the Secretary of the Treasury shall consult with the appropriate 

congressional committees on the amendments to be made to 

the New Arrangements to Borrow, including guidelines and 

criteria governing the use of its resources; the countries that 

have made commitments to contribute to the New Arrangements to Borrow and the amount of such commitments; and 

the steps taken by the United States to expand the number 

of countries so the United States share of the expanded New 

Arrangements to Borrow is representative of its share as of 

the date of enactment of this Act: Provided further, That any 

loan under the authority granted in this subsection shall be 

made with due regard to the present and prospective balance 

of payments and reserve position of the United States.’’. 

and 

(2) in subsection (b)— 

(A) by inserting ‘‘(1)’’ before ‘‘For the purpose of’’; 

(B) by inserting ‘‘subsection (a)(1) of’’ after ‘‘pursuant 

to’’; and 

(C) by adding at the end the following: 

‘‘(2) For the purpose of making loans to the International 

Monetary Fund pursuant to subsection (a)(2) of this section, 

there is hereby authorized to be appropriated not to exceed 

the dollar equivalent of 75,000,000,000 Special Drawing Rights, 

in addition to any amounts previously authorized under this 

section, except that prior to activation, the Secretary of the 

Treasury shall report to Congress on whether supplementary 

resources are needed to forestall or cope with an impairment 

of the international monetary system and whether the Fund 

has fully explored other means of funding, to remain available 

until expended to meet calls by the Fund. Any payments made 

to the United States by the Fund as a repayment on account 

of the principal of a loan made under this section shall continue 

to be available for loans to the Fund.’’. 

SEC. 1402. The Bretton Woods Agreements Act (22 U.S.C. 286 

et seq.) is amended by adding at the end the following: 

‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE FUND. 

‘‘The United States Governor of the Fund may agree to and 

accept the amendments to the Articles of Agreement of the Fund 

as proposed in the resolutions numbered 63–2 and 63–3 of the 
H. R. 2346—60 

Board of Governors of the Fund which were approved by such 

Board on April 28, 2008 and May 5, 2008, respectively. 

‘‘SEC. 65. QUOTA INCREASE. 

‘‘(a) IN GENERAL.—The United States Governor of the Fund 

may consent to an increase in the quota of the United States 

in the Fund equivalent to 4,973,100,000 Special Drawing Rights. 

‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority provided by 

subsection (a) shall be effective only to such extent or in such 

amounts as are provided in advance in appropriations Acts. 

‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE FUND’S 

GOLD. 

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

the United States Executive Director of the Fund to vote to approve 

the sale of up to 12,965,649 ounces of the Fund’s gold acquired 

since the second Amendment to the Fund’s Articles of Agreement, 

only if such sales are consistent with the guidelines agreed to 

by the Executive Board of the Fund described in the Report of 

the Managing Director to the International Monetary and Financial 

Committee on a New Income and Expenditure Framework for the 

International Monetary Fund (April 9, 2008) to prevent disruption 

to the world gold market: Provided, That at least 30 days prior 

to any such vote, the Secretary shall consult with the appropriate 

congressional committees regarding the use of proceeds from the 

sale of such gold: Provided further, That the Secretary of the 

Treasury shall seek to ensure that: 

‘‘(1) the Fund will provide support to low-income countries 

that are eligible for the Poverty Reduction and Growth Facility 

or other low-income lending from the Fund by making available 

Fund resources of not less than $4,000,000,000; 

‘‘(2) such Fund resources referenced above will be used 

to leverage additional support by a significant multiple to provide loans with substantial concessionality and debt service 

payment relief and/or grants, as appropriate to a country’s 

circumstances: 

‘‘(3) support provided through forgiveness of interest on 

concessional loans will be provided for not less than two years; 

and 

‘‘(4) the support provided to low-income countries occurs 

within six years, a substantial amount of which shall occur 

within the initial two years. 

‘‘(b) In addition to agreeing to and accepting the amendments 

referred to in section 64 of this Act relating to the use of proceeds 

from the sale of such gold, the United States Governor is authorized, 

consistent with subsection (a), to take such actions as may be 

necessary, including those referred to in section 5(e) of this Act, 

to also use such proceeds for the purpose of assisting low-income 

countries. 

‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES OF AGREEMENT OF THE FUND. 

‘‘The United States Governor of the Fund may agree to and 

accept the amendment to the Articles of Agreement of the Fund 

as proposed in the resolution numbered 54–4 of the Board of Governors of the Fund which was approved by such Board on October 

22, 1997: Provided, That not more than one year after the acceptance of such amendments to the Fund’s Articles of Agreement, 
H. R. 2346—61 

the Secretary of the Treasury shall submit a report to the appropriate congressional committees analyzing Special Drawing Rights, 

to include a discussion of how those countries that significantly 

use or acquire Special Drawing Rights in accordance with Article 

XIX, Section 2(c), use or acquire them; the extent to which countries 

experiencing balance of payment difficulties exchange or use their 

Special Drawing Rights to acquire reserve currencies; and the 

manner in which those reserve currencies are acquired when utilizing Special Drawing Rights.’’. 

SEC. 1403. (a) Not later than 30 days after enactment of this 

Act, the Secretary of the Treasury, in consultation with the Executive Director of the World Bank and the Executive Board of the 

International Monetary Fund (the Fund), shall submit a report 

to the appropriate congressional committees detailing the steps 

taken to coordinate the activities of the World Bank and the Fund 

to avoid duplication of missions and programs, and steps taken 

by the Department of the Treasury and the Fund to increase the 

oversight and accountability of the Fund’s activities. 

(b) For the purposes of this title, ‘‘appropriate congressional 

committees’’ means the Committees on Appropriations, Banking, 

Housing, and Urban Affairs, and Foreign Relations of the Senate, 

and the Committees on Appropriations, Foreign Affairs, and Financial Services of the House of Representatives. 

(c) In the next report to Congress on international economic 

and exchange rate policies, the Secretary of the Treasury shall: 

(1) report on ways in which the Fund’s surveillance function under 

Article IV could be enhanced and made more effective in terms 

of avoiding currency manipulation; (2) report on the feasibility 

and usefulness of publishing the Fund’s internal calculations of 

indicative exchange rates; and (3) provide recommendations on 

the steps that the Fund can take to promote global financial stability and conduct effective multilateral surveillance. 

(d) The Secretary of the Treasury shall instruct the United 

States Executive Director of the International Monetary Fund to 

use the voice and vote of the United States to oppose any loan, 

project, agreement, memorandum, instrument, plan, or other program of the Fund to a Heavily Indebted Poor Country that imposes 

budget caps or restraints that do not allow the maintenance of 

or an increase in governmental spending on health care or education; and to promote government spending on health care, education, food aid, or other critical safety net programs in all of 

the Fund’s activities with respect to Heavily Indebted Poor Countries. 

SEC. 1404. Title XVI of the International Financial Institutions 

Act (22 U.S.C. 262p–262p–8) is amended by adding at the end 

the following: ‘‘The Secretary of the Treasury shall instruct the 

United States Executive Director at each of the International Financial Institutions (as defined in section 1701(c)(2) of this Act) to 

use the voice and vote of the United States to oppose the provision 

of loans or other use of the funds of the respective institution 

to any country the government of which the Secretary of State 

has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act 

of 1961, or section 40 of the Arms Export Control Act, to be 

a government that has repeatedly provided support for acts of 

international terrorism.’’. 
H. R. 2346—62 

GENERAL PROVISIONS—THIS ACT 

AVAILABILITY OF FUNDS

SEC. 14101. No part of any appropriation contained in this 

Act shall remain available for obligation beyond the current fiscal 

year unless expressly so provided herein. 

SEC. 14102. (a) OVERSEAS DEPLOYMENTS DESIGNATIONS.— 

Except as provided in subsections (b) and (c), each amount in 

this Act is designated as being for overseas deployments and other 

activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. 

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

for fiscal year 2010. 

(b) EMERGENCY DESIGNATIONS.—Each amount in titles I, II, 

IV, V, VII, VIII, IX, XII, XIII, XIV, and VI except for amounts 

under the heading ‘‘Coast Guard Operating Expenses’’ is designated 

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

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

resolution on the budget for fiscal year 2010. 

(c) Subsection (a) shall not apply to the amounts rescinded 

in section 309 for ‘‘Operation and Maintenance, Marine Corps’’, 

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

Maintenance, Army Reserve’’. 

SEC. 14103. (a) None of the funds made available in this or 

any prior Act may be used to release an individual who is detained 

as of the date of enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, into the continental United States, Alaska, 

Hawaii, or the District of Columbia. 

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

Act may be used to transfer an individual who is detained as 

of the date of enactment of this Act, at Naval Station, Guantanamo 

Bay, Cuba, for the purpose of detention in the continental United 

States, Alaska, Hawaii, or the District of Columbia, except as provided in subsection (c). 

(c) None of the funds made available in this or any prior 

Act may be used to transfer an individual who is detained, as 

of the date of enactment of this Act, at Naval Station, Guantanamo 

Bay, Cuba, into the continental United States, Alaska, Hawaii, 

or the District of Columbia, for the purposes of prosecuting such 

individual, or detaining such individual during legal proceedings, 

until 45 days after the plan detailed in subsection (d) is received. 

(d) The President shall submit to the Congress, in classified 

form, a plan regarding the proposed disposition of any individual 

covered by subsection (c) who is detained as of the date of enactment 

of this Act. Such plan shall include, at a minimum, each of the 

following for each such individual: 

(1) The findings of an analysis regarding any risk to the 

national security of the United States that is posed by the 

transfer of the individual. 

(2) The costs associated with transferring the individual 

in question. 

(3) The legal rationale and associated court demands for 

transfer. 

(4) A plan for mitigation of any risk described in paragraph 

(1). 

(5) A copy of a notification to the Governor of the State 

to which the individual will be transferred or to the Mayor 
H. R. 2346—63 

of the District of Columbia if the individual will be transferred 

to the District of Columbia with a certification by the Attorney 

General of the United States in classified form at least 14 

days prior to such transfer (together with supporting documentation and justification) that the individual poses little 

or no security risk to the United States. 

(e) None of the funds made available in this or any prior 

Act may be used to transfer or release an individual detained 

at Naval Station, Guantanamo Bay, Cuba, as of the date of enactment of this Act, to the country of such individual’s nationality 

or last habitual residence or to any other country other than the 

United States, unless the President submits to the Congress, in 

classified form 15 days prior to such transfer, the following information: 

(1) The name of any individual to be transferred or released 

and the country to which such individual is to be transferred 

or released. 

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

of the United States or its citizens, including members of the 

Armed Services of the United States, that is posed by such 

transfer or release and the actions taken to mitigate such 

risk. 

(3) The terms of any agreement with another country for 

acceptance of such individual, including the amount of any 

financial assistance related to such agreement. 

(f) Prior to the termination of detention operations at Naval 

Station, Guantanamo Bay, Cuba, the President shall submit to 

the Congress a report in classified form describing the disposition 

or legal status of each individual detained at the facility as of 

the date of enactment of this Act. 

This Act may be cited as the ‘‘Supplemental Appropriations 

Act, 2009’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.