II 

Calendar No. 62 

111TH CONGRESS 

1ST SESSION S. 1054 

[Report No. 111–20] 

Making supplemental appropriations for the fiscal year ending September 

30, 2009, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 14, 2009 

Mr. INOUYE, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making supplemental appropriations for the fiscal year 

ending September 30, 2009, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2009, and for other pur6 poses, namely: 
2 

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1 TITLE I 

2 DEPARTMENT OF AGRICULTURE 

3 FOREIGN AGRICULTURAL SERVICE

4 PUBLIC LAW 480 TITLE II GRANTS

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

6 II Grants’’, $700,000,000, to remain available until ex7 pended: Provided, That the amount under this heading is 

8 designated as being for overseas deployments and other 

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

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

11 on the budget for fiscal year 2010. 

12 GENERAL PROVISION—THIS TITLE 

13 SEC. 101. Notwithstanding any other provision of 

14 law, any amounts made available prior to the date of en15 actment of this Act to provide assistance under the emer16 gency conservation program established under title IV of 

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

18 2202) that are unobligated as of the date of enactment 

19 of this Act shall be available to carry out any purpose 

20 under that program without fiscal year limitation: Pro21 vided, That the amount under this heading is designated 

22 as an emergency requirement and necessary to meet emer23 gency needs pursuant to sections 403(a) and 423(b) of 

24 S. Con. Res. 13 (111th Congress), the concurrent resolu25 tion on the budget for fiscal year 2010. 
3 

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1 (INCLUDING RESCISSION OF FUNDS)

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

3 obligations for the principal amount of direct farm owner4 ship (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 

5 et seq.) loans, to be available from funds in the Agricul6 tural Credit Insurance Fund, as follows: direct farm own7 ership loans, $360,000,000; and direct operating loans, 

8 $225,000,000. 

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

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

11 section 502 of the Congressional Budget Act of 1974, as 

12 follows: direct farm ownership loans, $22,860,000; and di13 rect operating loans, $26,530,000. 

14 (b) Of available unobligated discretionary balances 

15 from the Rural Development mission area carried forward 

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

17 Provided, That none of the amounts may be rescinded 

18 other than those from amounts that were designated by 

19 the Congress as an emergency requirement pursuant to 

20 a Concurrent Resolution on the Budget or the Balanced 

21 Budget and Emergency Deficit Control Act of 1985, as 

22 amended. 

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

24 as an emergency requirement and necessary to meet emer25 gency needs pursuant to sections 403(a) and 423(b) of 
4 

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1 S. Con. Res. 13 (111th Congress), the concurrent resolu2 tion on the budget for fiscal year 2010. 

3 TITLE II 

4 DEPARTMENT OF COMMERCE 

5 ECONOMIC DEVELOPMENT ADMINISTRATION

6 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

7 For an additional amount for ‘‘Economic Develop8 ment Assistance Programs’’, $40,000,000, to remain 

9 available until September 30, 2010: Provided, That the 

10 amount provided under this heading shall be for the Trade 

11 Adjustment Assistance for Communities program as au12 thorized by section 1872 of Public Law 111–5: Provided 

13 further, That the amount provided under this heading is 

14 designated as an emergency requirement and necessary to 

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

16 423(b) of S. Con. Res. 13 (111th Congress), the concur17 rent resolution on the budget for fiscal year 2010. 

18 DEPARTMENT OF JUSTICE 

19 GENERAL ADMINISTRATION

20 SALARIES AND EXPENSES

21 For an additional amount for ‘‘Salaries and ex22 penses’’, $30,000,000, to remain available until September 

23 30, 2010: Provided, That funds provided in the previous 

24 proviso shall only be for carrying out Department of Jus25 tice responsibilities required by Executive Orders 13491, 
5 

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1 13492, and 13493: Provided further, That the Attorney 

2 General shall submit to the Committees on Appropriations 

3 of the House and the Senate a detailed plan for expendi4 ture of such funds no later than 30 days after enactment 

5 of this Act. 

6 DETENTION TRUSTEE

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

8 $60,000,000, to remain available until September 30, 

9 2010. 

10 LEGAL ACTIVITIES

11 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

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

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

14 until September 30, 2010. 

15 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

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

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

18 until September 30, 2010. 

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

20 United States attorneys’’, $10,000,000, to remain avail21 able until September 30, 2010: Provided, That the amount 

22 provided in this paragraph is designated as an emergency 

23 requirement and necessary to meet emergency needs pur24 suant to sections 403(a) and 423(b) of S. Con. Res. 13 
6 

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1 (111th Congress), the concurrent resolution on the budget 

2 for fiscal year 2010. 

3 UNITED STATES MARSHALS SERVICES

4 SALARIES AND EXPENSES

5 For an additional amount for ‘‘Salaries and ex6 penses’’, $10,000,000, to remain available until September 

7 30, 2010. 

8 NATIONAL SECURITY DIVISION

9 SALARIES AND EXPENSES

10 For an additional amount for ‘‘Salaries and ex11 penses,’’ $1,389,000, to remain available until September 

12 30, 2010. 

13 FEDERAL BUREAU OF INVESTIGATIONS

14 SALARIES AND EXPENSES

15 For an additional amount for ‘‘Salaries and ex16 penses’’, $35,000,000, to remain available until September 

17 30, 2010: Provided, That the amount provided under this 

18 heading is designated as an emergency requirement and 

19 necessary to meet emergency needs pursuant to sections 

20 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), 

21 the concurrent resolution on the budget for fiscal year 

22 2010. 
7 

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1 DRUG ENFORCEMENT ADMINISTRATION

2 SALARIES AND EXPENSES

3 For an additional amount for ‘‘Salaries and ex4 penses’’, $20,000,000, to remain available until September 

5 30, 2010. 

6 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

7 EXPLOSIVES

8 SALARIES AND EXPENSES

9 For an additional amount for ‘‘Salaries and ex10 penses’’, $14,000,000, to remain available until September 

11 30, 2010. 

12 FEDERAL PRISON SYSTEM

13 SALARIES AND EXPENSES

14 For an additional amount for ‘‘Salaries and ex15 penses’’, $5,038,000, to remain available until September 

16 30, 2010. 

17 GENERAL PROVISIONS—THIS TITLE 

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

19 this title is designated as being for overseas deployment 

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

21 423(a) of S. Con. Res. 13 (111th Congress), the concur22 rent resolution on the budget for fiscal year 2010. 

23 SEC. 202. None of the funds provided in this title 

24 shall be used to transfer, relocate, or incarcerate Guanta25 namo Bay detainees to or within the United States. 
8 

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1 TITLE III 

2 DEPARTMENT OF DEFENSE 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $11,455,777,000. 

7 MILITARY PERSONNEL, NAVY

8 For an additional amount for ‘‘Military Personnel, 

9 Navy’’, $1,565,227,000. 

10 MILITARY PERSONNEL, MARINE CORPS

11 For an additional amount for ‘‘Military Personnel, 

12 Marine Corps’’, $1,464,353,000. 

13 MILITARY PERSONNEL, AIR FORCE

14 For an additional amount for ‘‘Military Personnel, 

15 Air Force’’, $1,469,173,000. 

16 RESERVE PERSONNEL, ARMY

17 For an additional amount for ‘‘Reserve Personnel, 

18 Army’’, $387,155,000. 

19 RESERVE PERSONNEL, NAVY

20 For an additional amount for ‘‘Reserve Personnel, 

21 Navy’’, $39,478,000. 

22 RESERVE PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, 

24 Marine Corps’’, $29,179,000. 
9 

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1 RESERVE PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Reserve Personnel, 

3 Air Force’’, $14,943,000. 

4 NATIONAL GUARD PERSONNEL, ARMY

5 For an additional amount for ‘‘National Guard Per6 sonnel, Army’’, $1,542,333,000. 

7 NATIONAL GUARD PERSONNEL, AIR FORCE

8 For an additional amount for ‘‘National Guard Per9 sonnel, Air Force’’, $46,860,000. 

10 OPERATION AND MAINTENANCE 

11 OPERATION AND MAINTENANCE, ARMY

12 For an additional amount for ‘‘Operation and Main13 tenance, Army’’, $13,933,801,000. 

14 OPERATION AND MAINTENANCE, NAVY

15 For an additional amount for ‘‘Operation and Main16 tenance, Navy’’, $2,337,360,000. 

17 OPERATION AND MAINTENANCE, MARINE CORPS

18 For an additional amount for ‘‘Operation and Main19 tenance, Marine Corps’’, $1,037,842,000. 

20 OPERATION AND MAINTENANCE, AIR FORCE

21 For an additional amount for ‘‘Operation and Main22 tenance, Air Force’’, $5,992,125,000. 

23 OPERATION AND MAINTENANCE, DEFENSE-WIDE

24 For an additional amount for ‘‘Operation and Main25 tenance, Defense-Wide’’, $5,065,783,000, of which: 
10 

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1 (1) not to exceed $12,500,000 for the Combat2 ant Commander Initiative Fund, to be used in sup3 port of Operation Iraqi Freedom and Operation En4 during Freedom; 

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

6 available until expended, for payments to reimburse 

7 key cooperating nations, for logistical, military, and 

8 other support including access provided to United 

9 States military operations in support of Operation 

10 Iraqi Freedom and Operation Enduring Freedom, 

11 notwithstanding any other provision of law: Pro12 vided, That such reimbursement payments may be 

13 made in such amounts as the Secretary of Defense, 

14 with the concurrence of the Secretary of State, and 

15 in consultation with the Director of the Office of 

16 Management and Budget, may determine, in his dis17 cretion, based on documentation determined by the 

18 Secretary of Defense to adequately account for the 

19 support provided and such determination is final and 

20 conclusive upon the accounting officers of the United 

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

23 That these funds may be used for the purpose of 

24 providing specialized training and procuring supplies 

25 and specialized equipment and providing such sup-
11 

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

3 States military operations in Iraq and Afghanistan: 

4 Provided further, That the Secretary of Defense 

5 shall provide quarterly reports to the congressional 

6 defense committees on the use of funds provided in 

7 this paragraph; and 

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

9 days after the Secretary of Defense submits an ex10 penditure plan to the congressional defense commit11 tees detailing the specific planned use of these 

12 funds, only to support the relocation and disposition 

13 of individuals detained at the Guantanamo Bay 

14 Naval Base to locations outside of the United 

15 States, relocate military and support forces associ16 ated with detainee operations, and facilitate the clo17 sure of detainee facilities: Provided, That the Sec18 retary of Defense shall certify in writing to the con19 gressional defense committees, prior to transferring 

20 prisoners to foreign nations, that he has been as21 sured by the receiving nation that the individual or 

22 individuals to be transferred will be retained in that 

23 nation’s custody as long as they remain a threat to 

24 the national security interest of the United States: 

25 Provided further, That the funds in this paragraph 
12 

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1 available to provide assistance to foreign nations to 

2 facilitate the relocation and disposition of individuals 

3 detained at the Guantanamo Bay Naval Base are in 

4 addition to any other authority to provide assistance 

5 to foreign nations: Provided further, That these 

6 funds are available for transfer to any other appro7 priations accounts of the Department of Defense or, 

8 with the concurrence of the head of the relevant 

9 Federal department or agency, to any other Federal 

10 appropriations accounts to accomplish the purposes 

11 provided herein: Provided further, That this transfer 

12 authority is in addition to any other transfer author13 ity available to the Department of Defense. 

14 OPERATION AND MAINTENANCE, ARMY RESERVE

15 For an additional amount for ‘‘Operation and Main16 tenance, Army Reserve’’, $110,017,000. 

17 OPERATION AND MAINTENANCE, NAVY RESERVE

18 For an additional amount for ‘‘Operation and Main19 tenance, Navy Reserve’’, $25,569,000. 

20 OPERATION AND MAINTENANCE, MARINE CORPS

21 RESERVE

22 For an additional amount for ‘‘Operation and Main23 tenance, Marine Corps Reserve’’, $30,775,000. 
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1 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Air Force Reserve’’, $34,599,000. 

4 OPERATION AND MAINTENANCE, ARMY NATIONAL

5 GUARD

6 For an additional amount for ‘‘Operation and Main7 tenance, Army National Guard’’, $203,399,000. 

8 AFGHANISTAN SECURITY FORCES FUND

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

10 $3,606,939,000, to remain available until September 30, 

11 2010: Provided, That such funds shall be available to the 

12 Secretary of Defense, notwithstanding any other provision 

13 of law, for the purpose of allowing the Commander, Com14 bined Security Transition Command—Afghanistan, or the 

15 Secretary’s designee, to provide assistance, with the con16 currence of the Secretary of State, to the security forces 

17 of Afghanistan, including the provision of equipment, sup18 plies, services, training, facility and infrastructure repair, 

19 renovation, and construction, and funding: Provided fur20 ther, That the authority to provide assistance under this 

21 heading is in addition to any other authority to provide 

22 assistance to foreign nations: Provided further, That con23 tributions of funds for the purposes provided herein from 

24 any person, foreign government, or international organiza25 tion may be credited to this Fund and used for such pur-
14 

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1 poses: Provided further, That the Secretary shall notify the 

2 congressional defense committees in writing upon the re3 ceipt and upon the transfer of any contribution, delin4 eating the sources and amounts of the funds received and 

5 the specific use of such contributions: Provided further, 

6 That the Secretary of Defense shall, not fewer than 15 

7 days prior to making transfers from this appropriation ac8 count, notify the congressional defense committees in writ9 ing of the details of any such transfer. 

10 IRAQ SECURITY FORCES FUND

11 For an additional amount for the ‘‘Iraq Security 

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

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

14 31, 2010, any remaining unobligated funds in this account 

15 shall be transferred to the Department of State to be 

16 available for the same purposes as provided herein. 

17 PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

18 (INCLUDING TRANSFER OF FUNDS)

19 There is hereby established in the Treasury of the 

20 United States the ‘‘Pakistan Counterinsurgency Capa21 bility Fund’’. For the ‘‘Pakistan Counterinsurgency Capa22 bility Fund’’, $400,000,000, to remain available until Sep23 tember 30, 2010: Provided, That such funds shall be avail24 able to the Secretary of Defense, with the concurrence of 

25 the Secretary of State, notwithstanding any other provi-
15 

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1 sion of law, for the purpose of allowing the Commander, 

2 United States Central Command, or the Secretary’s des3 ignee, to provide assistance to Pakistan’s security forces; 

4 including program management and the provision of 

5 equipment, supplies, services, training, and funds; and fa6 cility and infrastructure repair, renovation, and construc7 tion to build the counterinsurgency capability of Paki8 stan’s military and Frontier Corps, and of which up to 

9 $2,000,000 shall be available to assist the Government of 

10 Pakistan in creating a program to respond to urgent hu11 manitarian relief and reconstruction requirements that 

12 will immediately assist Pakistani people affected by mili13 tary operations: Provided further, That the authority to 

14 provide assistance under this provision is in addition to 

15 any other authority to provide assistance to foreign na16 tions: Provided further, That the Secretary of Defense may 

17 transfer such amounts as he may determine from the 

18 funds provided herein to appropriations for operation and 

19 maintenance; Overseas Humanitarian, Disaster, and Civic 

20 Aid; procurement; research, development, test and evalua21 tion; and defense working capital funds: Provided further, 

22 That funds so transferred shall be merged with and be 

23 available for the same purposes and for the same time pe24 riod as the appropriation or fund to which transferred: 

25 Provided further, That the Secretary of Defense shall, not 
16 

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1 fewer than 15 days prior to making transfers from this 

2 appropriation account, notify the congressional defense 

3 committees in writing of the details of any such transfer. 

4 PROCUREMENT 

5 AIRCRAFT PROCUREMENT, ARMY

6 For an additional amount for ‘‘Aircraft Procurement, 

7 Army’’, $315,684,000, to remain available until Sep8 tember 30, 2011. 

9 MISSILE PROCUREMENT, ARMY

10 For an additional amount for ‘‘Missile Procurement, 

11 Army’’, $737,041,000, to remain available until Sep12 tember 30, 2011. 

13 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

14 VEHICLES, ARMY

15 For an additional amount for ‘‘Procurement of Weap16 ons and Tracked Combat Vehicles, Army’’, 

17 $1,434,071,000, to remain available until September 30, 

18 2011. 

19 PROCUREMENT OF AMMUNITION, ARMY

20 For an additional amount for ‘‘Procurement of Am21 munition, Army’’, $230,075,000, to remain available until 

22 September 30, 2011. 
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1 OTHER PROCUREMENT, ARMY

2 For an additional amount for ‘‘Other Procurement, 

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

5 AIRCRAFT PROCUREMENT, NAVY

6 For an additional amount for ‘‘Aircraft Procurement, 

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

8 30, 2011. 

9 WEAPONS PROCUREMENT, NAVY

10 For an additional amount for ‘‘Weapons Procure11 ment, Navy’’, $31,403,000, to remain available until Sep12 tember 30, 2011. 

13 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

14 CORPS

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

18 OTHER PROCUREMENT, NAVY

19 For an additional amount for ‘‘Other Procurement, 

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

21 30, 2011. 

22 PROCUREMENT, MARINE CORPS

23 For an additional amount for ‘‘Procurement, Marine 

24 Corps’’, $1,658,347,000, to remain available until Sep25 tember 30, 2011. 
18 

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1 AIRCRAFT PROCUREMENT, AIR FORCE

2 For an additional amount for ‘‘Aircraft Procurement, 

3 Air Force’’, $2,064,118,000, to remain available for obli4 gation until September 30, 2011. 

5 MISSILE PROCUREMENT, AIR FORCE

6 For an additional amount for ‘‘Missile Procurement, 

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

9 PROCUREMENT OF AMMUNITION, AIR FORCE

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

12 until September 30, 2011. 

13 OTHER PROCUREMENT, AIR FORCE

14 For an additional amount for ‘‘Other Procurement, 

15 Air Force’’, $1,910,343,000, to remain available until 

16 September 30, 2011. 

17 PROCUREMENT, DEFENSE-WIDE

18 For an additional amount for ‘‘Procurement, De19 fense-Wide’’, $237,868,000, to remain available until Sep20 tember 30, 2011. 

21 NATIONAL GUARD AND RESERVE EQUIPMENT

22 For an additional amount for ‘‘National Guard and 

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

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

2 (INCLUDING TRANSFER OF FUNDS)

3 For the ‘‘Mine Resistant Ambush Protected Vehicle 

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

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

8 field Mine Resistant Ambush Protected vehicles: Provided 

9 further, That the Secretary shall transfer such funds only 

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

14 is in addition to any other transfer authority available to 

15 the Department of Defense: Provided further, That the 

16 Secretary shall, not fewer than 15 days prior to making 

17 transfers from this appropriation, notify the congressional 

18 defense committees in writing of the details of any such 

19 transfer. 
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1 RESEARCH, DEVELOPMENT, TEST AND 

2 EVALUATION 

3 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

4 ARMY

5 For an additional amount for ‘‘Research, Develop6 ment, Test and Evaluation, Army’’, $71,935,000, to re7 main available until September 30, 2010. 

8 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

9 NAVY

10 For an additional amount of ‘‘Research, Develop11 ment, Test and Evaluation, Navy’’, $141,681,000, to re12 main available until September 30, 2010. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 AIR FORCE

15 For an additional amount of ‘‘Research, Develop16 ment, Test and Evaluation, Air Force’’, $174,159,000, to 

17 remain available until September 30, 2010. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

19 DEFENSE-WIDE

20 For an additional amount of ‘‘Research, Develop21 ment, Test and Evaluation, Defense-Wide’’, 

22 $498,168,000, to remain available until September 30, 

23 2010. 
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1 REVOLVING AND MANAGEMENT FUNDS 

2 DEFENSE WORKING CAPITAL FUNDS

3 For an additional amount for ‘‘Defense Working 

4 Capital Funds’’, $861,726,000, to remain available until 

5 expended. 

6 DEFENSE HEALTH PROGRAM

7 For an additional amount for ‘‘Defense Health Pro8 gram’’, $909,297,000, of which $845,508,000 for oper9 ation and maintenance; of which $30,185,000, to remain 

10 available until September 30, 2011, for procurement; and 

11 of which $33,604,000, to remain available until September 

12 30, 2010, for research, development, test and evaluation. 

13 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

14 DEFENSE

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount for ‘‘Drug Interdiction and 

17 Counter-Drug Activities, Defense’’, $123,398,000, to re18 main available until September 30, 2010: Provided, That 

19 these funds may be used only for such activities related 

20 to Afghanistan, Pakistan, and Central Asia. 

21 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

22 For an additional amount for ‘‘Joint Improvised Ex23 plosive Device Defeat Fund’’, $1,116,746,000, to remain 

24 available until September 30, 2011. 
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1 OFFICE OF THE INSPECTOR GENERAL

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

3 General’’, $9,551,000. 

4 GENERAL PROVISIONS—THIS TITLE 

5 SEC. 301. Notwithstanding any other provision of 

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

7 amounts appropriated or otherwise made available for the 

8 Department of Defense for fiscal year 2009. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 302. Upon the determination of the Secretary 

11 of Defense that such action is necessary in the national 

12 interest, the Secretary may transfer between appropria13 tions up to $2,500,000,000 of the funds made available 

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

15 the Secretary shall notify the Congress promptly of each 

16 transfer made pursuant to this authority: Provided further, 

17 That the authority provided in this section is in addition 

18 to any other transfer authority available to the Depart19 ment of Defense and is subject to the same terms and 

20 conditions as the authority provided in section 8005 of the 

21 Department of Defense Appropriations Act, 2009, (Public 

22 Law 110–116) except for the fourth proviso. 

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

24 available by the transfer of funds in this Act, for intel25 ligence activities are deemed to be specifically authorized 
23 

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1 by the Congress for purposes of section 504(a)(1) of the 

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

3 SEC. 304. During fiscal year 2009 and from funds 

4 in the ‘‘Defense Cooperation Account’’, as established by 

5 10 U.S.C. 2608, the Secretary of Defense may transfer 

6 not to exceed $6,500,000 to such appropriations or funds 

7 of the Department of Defense as the Secretary shall deter8 mine for use consistent with the purposes for which such 

9 funds were contributed and accepted: Provided, That such 

10 amounts shall be available for the same time period as 

11 the appropriation to which transferred: Provided further, 

12 That the Secretary shall report to the Congress all trans13 fers made pursuant to this authority. 

14 SEC. 305. Supervision and administration costs asso15 ciated with a construction project funded with appropria16 tions available for operation and maintenance or ‘‘Afghan17 istan Security Forces Fund’’ provided in this title, and 

18 executed in direct support of the overseas contingency op19 erations in Iraq and Afghanistan, may be obligated at the 

20 time a construction contract is awarded: Provided, That 

21 for the purpose of this section, supervision and adminis22 tration costs include all in-house Government costs. 

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

24 Department of Defense for operation and maintenance 

25 may be used to purchase items having an investment unit 
24 

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1 cost of not more than $250,000: Provided, That upon de2 termination by the Secretary of Defense that such action 

3 is necessary to meet the operational requirements of a 

4 Commander of a Combatant Command engaged in contin5 gency operations overseas, such funds may be used to pur6 chase items having an investment item unit cost of not 

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

8 shall report to the Congress all purchases made pursuant 

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

10 SEC. 307. From funds made available in this title, 

11 the Secretary of Defense may purchase motor vehicles for 

12 use by military and civilian employees of the Department 

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

14 $75,000 per vehicle, notwithstanding other limitations ap15 plicable to passenger carrying motor vehicles. 

16 SEC. 308. Of the funds appropriated in Department 

17 of Defense Appropriations Acts, the following funds are 

18 hereby rescinded from the following accounts and pro19 grams in the specified amounts: Provided, That none of 

20 the amounts may be rescinded from amounts that were 

21 designated by the Congress as an emergency requirement 

22 pursuant to a Concurrent Resolution on the Budget or the 

23 Balanced Budget and Emergency Deficit Control Act of 

24 1985, as amended: 
25 

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

2 $54,400,000; 

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

4 $29,300,000; 

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

6 $10,300,000; 

7 ‘‘Research, Development, Test and Evaluation, 

8 Navy, 2008/2009’’, $5,000,000; 

9 ‘‘Research, Development, Test and Evaluation, 

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

11 ‘‘Research, Development, Test and Evaluation, 

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

13 ‘‘Operation and Maintenance, Army, 2009/ 

14 2009’’, $352,359,000; 

15 ‘‘Operation and Maintenance, Navy, 2009/ 

16 2009’’, $881,481,000; 

17 ‘‘Operation and Maintenance, Marine Corps, 

18 2009/2009’’, $54,466,000; 

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

20 2009’’, $925,203,000; 

21 ‘‘Operation and Maintenance, Defense-Wide, 

22 2009/2009’’, $267,635,000; 

23 ‘‘Operation and Maintenance, Army Reserve, 

24 2009/2009’’, $23,338,000; 
26 

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1 ‘‘Operation and Maintenance, Navy Reserve, 

2 2009/2009’’, $62,910,000; 

3 ‘‘Operation and Maintenance, Marine Corps Re4 serve, 2009/2009’’, $1,250,000; 

5 ‘‘Operation and Maintenance, Air Force Re6 serve, 2009/2009’’, $163,786,000; 

7 ‘‘Operation and Maintenance, Army National 

8 Guard, 2009/2009’’, $57,819,000; 

9 ‘‘Operation and Maintenance, Air National 

10 Guard, 2009/2009’’, $250,645,000; 

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

12 $11,500,000; 

13 ‘‘Procurement of Ammunition, Army, 2009/ 

14 2011’’, $107,100,000; 

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

16 $195,000,000; 

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

18 $10,300,000; 

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

20 $6,400,000; 

21 ‘‘Research, Development, Test and Evaluation, 

22 Army, 2009/2010’’, $202,710,000; 

23 ‘‘Research, Development, Test and Evaluation, 

24 Navy, 2009/2010’’, $270,260,000; and 
27 

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1 ‘‘Research, Development, Test and Evaluation, 

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

3 SEC. 309. None of the funds appropriated or other4 wise made available by this title may be obligated or ex5 pended to provide award fees to any defense contractor 

6 contrary to the provisions of section 814 of the National 

7 Defense Authorization Act, Fiscal Year 2007 (Public Law 

8 109–364). 

9 SEC. 310. None of the funds provided in this title 

10 may be used to finance programs or activities denied by 

11 Congress in fiscal years 2008 or 2009 appropriations to 

12 the Department of Defense or to initiate a procurement 

13 or research, development, test and evaluation new start 

14 program without prior written notification to the congres15 sional defense committees. 

16 SEC. 311. None of the funds appropriated or other17 wise made available by this or any other Act shall be obli18 gated or expended by the United States Government for 

19 the purpose of establishing any military installation or 

20 base for the purpose of providing for the permanent sta21 tioning of United States Armed Forces in Afghanistan. 

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

23 REPORTS ON TRANSITION READINESS OF IRAQ AND AF24 GHAN SECURITY FORCES.—Subsection (a) of section 9205 

25 of Public Law 110–252 (122 Stat. 2412) is repealed. 
28 

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1 (b) MODIFICATION OF REPORTS ON USE OF CERTAIN

2 SECURITY FORCES FUNDS.— 

3 (1) PREPARATION IN CONSULTATION WITH

4 COMMANDER OF CENTCOM.—Subsection (b)(1) of 

5 such section is amended by inserting ‘‘the Com6 mander of the United States Central Command;’’ 

7 after ‘‘the Secretary of Defense;’’. 

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

9 further amended by striking ‘‘not later than 120 

10 days after the date of the enactment of this Act and 

11 every 90 days thereafter’’ and inserting ‘‘not later 

12 than 45 days after the end of each fiscal year quar13 ter’’. 

14 (3) FUNDS COVERED BY REPORTS.—Such sub15 section is further amended by striking ‘‘and ‘Af16 ghanistan Security Forces Fund’ ’’ and inserting ‘‘, 

17 ‘Afghanistan Security Forces Fund’, and ‘Pakistan 

18 Counterinsurgency Capability Fund’ ’’. 

19 (c) NOTICE NEW PROJECTS AND TRANSFERS OF

20 FUNDS.—Subsection (c) of such section is amended by 

21 striking ‘‘the headings’’ and all that follows and inserting 

22 ‘‘the headings as follows: 

23 ‘‘(1) ‘Iraq Security Forces Fund’. 

24 ‘‘(2) ‘Afghanistan Security Forces Fund’. 
29 

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1 ‘‘(3) ‘Pakistan Counterinsurgency Capability 

2 Fund’.’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

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

5 of this Act. 

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

7 States Code, is amended to read as follows: 

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

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

10 or readjustment pay under any other provision of 

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

12 later qualifies for retired or retainer pay under this 

13 title or title 14 shall have deducted from each pay14 ment of such retired or retainer pay an amount, in 

15 such schedule of monthly installments as the Sec16 retary of Defense shall specify, taking into account 

17 the financial ability of the member to pay and avoid18 ing the imposition of undue financial hardship on 

19 the member and member’s dependents, until the 

20 total amount deducted is equal to the total amount 

21 of separation pay, severance pay, and readjustment 

22 pay so paid.’’. 

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

24 Code, is amended to read as follows: 
30 

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1 ‘‘(3)(A) A member who has received the vol2 untary separation incentive and who later qualifies 

3 for retired or retainer pay under this title shall have 

4 deducted from each payment of such retired or re5 tainer pay an amount, in such schedule of monthly 

6 installments as the Secretary of Defense shall speci7 fy, taking into account the financial ability of the 

8 member to pay and avoiding the imposition of undue 

9 financial hardship on the member and member’s de10 pendents, until the total amount deducted is equal to 

11 the total amount of separation pay, severance pay, 

12 and readjustment pay so paid. If the member elected 

13 to have a reduction in voluntary separation incentive 

14 for any period pursuant to paragraph (2), the deduc15 tion required under the preceding sentence shall be 

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

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to any repayments of separation 

19 pay, severance pay, readjustment pay, special separation 

20 benefit, or voluntary separation incentive, that occur on 

21 or after the date of enactment, including any ongoing re22 payment actions that were initiated prior to this amend23 ment. 

24 SEC. 314. Each amount in this title is designated as 

25 being for overseas deployments and other activities pursu-
31 

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1 ant to sections 401(c)(4) and 423(a) of S. Con. Res. 13 

2 (111th Congress), the concurrent resolution on the budget 

3 for fiscal year 2010. 

4 TITLE IV 

5 DEPARTMENT OF DEFENSE—CIVIL 

6 DEPARTMENT OF THE ARMY 

7 CORPS OF ENGINEERS—CIVIL

8 OPERATION AND MAINTENANCE

9 For an additional amount for ‘‘Operation and Main10 tenance’’ to dredge navigation channels and repair damage 

11 to Corps projects nationwide related to natural disasters, 

12 $38,375,000, to remain available until expended: Pro13 vided, That the Assistant Secretary of the Army for Civil 

14 Works shall provide a monthly report to the Committees 

15 on Appropriations of the House of Representatives and the 

16 Senate detailing the allocation and obligation of these 

17 funds, beginning not later than 60 days after enactment 

18 of this Act: Provided further, That the amount under this 

19 heading is designated as an emergency requirement and 

20 necessary to meet emergency needs pursuant to sections 

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

22 the concurrent resolution on the budget for fiscal year 

23 2010. 
32 

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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For an additional amount for ‘‘Flood Control and 

3 Coastal Emergencies’’, as authorized by section 5 of the 

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

5 expenses relating to the consequences of natural disasters 

6 as authorized by law, $804,290,000, to remain available 

7 until expended: Provided, That the Secretary of the Army 

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

9 under this heading to support emergency operations, re10 pair eligible projects nationwide, and for other activities 

11 in response to natural disasters: Provided further, That 

12 the Secretary of the Army is directed to use $489,000,000 

13 of the amount provided under this heading for barrier is14 land restoration and ecosystem restoration to restore his15 toric levels of storm damage reduction to the Mississippi 

16 Gulf Coast: Provided further, That this work shall be car17 ried out at full Federal expense: Provided further, That 

18 the Assistant Secretary of the Army for Civil Works shall 

19 provide a monthly report to the Committees on Appropria20 tions of the House of Representatives and the Senate de21 tailing the allocation and obligation of these funds, begin22 ning not later than 60 days after enactment of this Act: 

23 Provided further, That the amount under this heading is 

24 designated as an emergency requirement and necessary to 

25 meet emergency needs pursuant to sections 403(a) and 
33 

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1 423(b) of S. Con. Res. 13 (111th Congress), the concur2 rent resolution on the budget for fiscal year 2010. 

3 DEPARTMENT OF ENERGY 

4 ENERGY PROGRAMS 

5 STRATEGIC PETROLEUM RESERVE

6 (TRANSFER OF FUNDS) 

7 For an additional amount for the ‘‘Strategic Petro8 leum Reserve’’ account, $21,585,723, to remain available 

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

10 Petroleum Account’’ for site maintenance activities: Pro11 vided, That the amount under this heading is designated 

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

14 S. Con. Res. 13 (111th Congress), the concurrent resolu15 tion on the budget for fiscal year 2010. 

16 NATIONAL NUCLEAR SECURITY ADMINISTRATION

17 WEAPONS ACTIVITIES

18 (TRANSFER OF FUNDS)

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

20 $34,500,000, to remain available until expended, to be di21 vided among the three national security laboratories of 

22 Livermore, Sandia and Los Alamos to fund a sustainable 

23 capability to analyze nuclear and biological weapons intel24 ligence: Provided, That the Director of National Intel25 ligence shall provide a written report to the Senate Appro-
34 

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1 priations Committee, the Senate Armed Services Com2 mittee and the Senate Select Committee on Intelligence 

3 within 90 days of enactment on how the National Nuclear 

4 Security Administration will invest these resources in tech5 nical and core analytical capabilities: Provided further, 

6 That the amount under this heading is designated as 

7 being for overseas deployments and other activities pursu8 ant to sections 401(c)(4) and 423(a) of S. Con. Res. 13 

9 (111th Congress), the concurrent resolution on the budget 

10 for fiscal year 2010. 

11 DEFENSE NUCLEAR NONPROLIFERATION

12 For an additional amount for ‘‘Defense Nuclear Non13 proliferation’’ in the National Nuclear Security Adminis14 tration, $55,000,000, to remain available until expended, 

15 for the International Nuclear Materials Protection and 

16 Cooperation Program to counter emerging threats at nu17 clear facilities in Russia and other countries of concern 

18 through detecting and deterring insider threats through 

19 security upgrades: Provided, That the amount under this 

20 heading is designated as being for overseas deployments 

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

22 423(a) of S. Con. Res. 13 (111th Congress), the concur23 rent resolution on the budget for fiscal year 2010. 
35 

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1 GENERAL PROVISIONS—THIS TITLE 

2 LIMITED TRANSFER AUTHORITY

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

4 American Recovery and Reinvestment Act of 2009 (Public 

5 Law 111–5) is amended by striking all of the text and 

6 inserting the following: 

7 ‘‘SEC. 403. LIMITED TRANSFER AUTHORITY. 

8 ‘‘The Secretary of Energy may transfer up to 0.5 per9 cent from each amount appropriated to the Department 

10 of Energy in this title to any other appropriate account 

11 within the Department of Energy, to be used for manage12 ment and oversight activities: Provided, That the Sec13 retary shall provide a report to the Committees on Appro14 priations of the House of Representatives and the Senate 

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

16 funds so transferred under this section shall remain avail17 able for obligation until September 30, 2012.’’. 

18 WAIVER OF FEDERAL EMPLOYMENT REQUIREMENTS

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

20 Defense Act (50 U.S.C. 2701(c)(1)) is amended by strik21 ing ‘‘September 30, 2008’’ and inserting ‘‘September 30, 

22 2009’’. 
36 

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1 CORPS OF ENGINEERS TECHNICAL FIX

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

3 Water Resources Development Act of 2007 (Public Law 

4 110–114; 121 Stat. 1158) is amended— 

5 (1) in subsection (a)— 

6 (A) by redesignating paragraphs (4) 

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

8 (10), (11), (12), and (13), respectively; 

9 (B) by inserting after paragraph (3) the 

10 following: 

11 ‘‘(4) NORTHEAST HARBOR, MAINE.—The 

12 project for navigation, Northeast Harbor, Maine, au13 thorized by section 2 of the Act of March 2, 1945 

14 (59 Stat. 12).’’; and 

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

16 redesignated by subparagraph (A)) the fol17 lowing: 

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

19 for navigation, Tenants Harbor, Maine, authorized 

20 by the first section of the Act of March 2, 1919 (40 

21 Stat. 1275).’’; and 

22 (2) in subsection (h)— 

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

24 and 
37 

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1 (B) by redesignating paragraphs (17) 

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

3 respectively. 

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

5 subsection (a) shall take effect as if included in the Water 

6 Resources Development Act of 2007 (Public Law 110– 

7 114; 121 Stat. 1041) 

8 CORPS OF ENGINEERS REPROGRAMMING AUTHORITY

9 SEC. 404. Unlimited reprogramming authority is 

10 granted to the Secretary of the Army for funds provided 

11 in title IV—Energy and Water Development of Public 

12 Law 111–5 under the heading ‘‘Department of Defense— 

13 Civil, Department of the Army, Corps of Engineers— 

14 Civil’’. 

15 BUREAU OF RECLAMATION REPROGRAMMING AUTHORITY

16 SEC. 405. Unlimited reprogramming authority is 

17 granted to the Secretary of the Interior for funds provided 

18 in title IV—Energy and Water Development of Public 

19 Law 111–5 under the heading ‘‘Bureau of Reclamation, 

20 Water and Related Resources’’. 

21 COST ANALYSIS OF TRITIUM PROGRAM CHANGES

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

23 Acts, shall be provided to fund activities related to the 

24 mission relocation of either the design authority for the 

25 gas transfer systems or tritium research and development 
38 

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1 facilities during the current fiscal year and until the De2 partment can provide the Senate Appropriations Com3 mittee an independent technical mission review and cost 

4 analysis by the JASON’s as proposed in the Complex 

5 Transformation Site-Wide Programmatic Environmental 

6 Impact Statement. 

7 CORPS OF ENGINEERS PROJECT COST CEILING INCREASE

8 SEC. 407. The project for ecosystem restoration, 

9 Upper Newport Bay, California, authorized by section 

10 101(b)(9) of the Water Resources Development Act of 

11 2000 (114 Stat. 2577), is modified to authorize the Sec12 retary to construct the project at a total cost of 

13 $50,659,000, with an estimated Federal cost of 

14 $32,928,000 and a non-Federal cost of $17,731,000. 

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

16 under the heading entitled ‘‘Department of Defense— 

17 Civil’’ in this Act, or provided by previous appropriations 

18 Acts under the heading entitled ‘‘Department of De19 fense—Civil’’ may be used to deconstruct any work (in20 cluding any partially completed work) completed under the 

21 Mississippi River and Tributaries Project authorized by 

22 the Act of May 15, 1928 (45 2 Stat. 534; 100 Stat. 4183), 

23 during fiscal year 2009, 2010, and 2011. 
39 

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1 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

2 PROGRAM

3 SEC. 409. The matter under the heading ‘‘Title 17 

4 Innovative Technology Loan Guarantee Program’’of title 

5 III of division C of the Omnibus Appropriations Act, 2009 

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

7 ninth proviso— 

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

9 and 

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

11 ‘‘the guarantee; (e) contracts, leases or other agree12 ments entered into prior to May 1, 2009 for front13 end nuclear fuel cycle projects, where such project li14 censes technology from the Department of Energy, 

15 and pays royalties to the federal government for 

16 such license and the amount of such royalties will 

17 exceed the amount of federal spending, if any, under 

18 such contracts, leases or agreements; or (f) grants or 

19 cooperative agreements, to the extent that obliga20 tions of such grants or cooperative agreements have 

21 been recorded in accordance with section 1501(a)(5) 

22 of title 31, United States Code, on or before May 1, 

23 2009’’. 
40 

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1 TITLE V 

2 DEPARTMENT OF THE TREASURY 

3 DEPARTMENTAL OFFICES

4 SALARIES AND EXPENSES

5 (INCLUDING TRANSFER OF FUNDS)

6 For an additional amount for ‘‘Departmental Offices, 

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

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

9 10 days following enactment of this Act, the Secretary of 

10 the Treasury shall transfer funds provided under this 

11 heading to an account to be designated for the necessary 

12 expenses of the Financial Crisis Inquiry Commission es13 tablished pursuant to section 5 of the Fraud Enforcement 

14 and Recovery Act of 2009: Provided further, That the 

15 amount under this heading is designated as an emergency 

16 requirement and necessary to meet emergency needs pur17 suant to sections 403(a) and 423(b) of S. Con. Res. 13 

18 (111th Congress), the concurrent resolution on the budget 

19 for fiscal year 2010. 

20 EXECUTIVE OFFICE OF THE PRESIDENT AND 

21 FUNDS APPROPRIATED TO THE PRESIDENT 

22 NATIONAL SECURITY COUNCIL

23 SALARIES AND EXPENSES

24 For an additional amount for ‘‘Salaries and Ex25 penses’’, $2,936,000, of which $800,000 shall remain 
41 

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

2 available until September 30, 2010: Provided, That the 

3 amount under this heading is designated as being for over4 seas deployments and other activities pursuant to sections 

5 401(c)(4) and 423(a) of S. Con. Res. 13 (111th Con6 gress), the concurrent resolution on the budget for fiscal 

7 year 2010. 

8 PANDEMIC PREPAREDNESS AND RESPONSE

9 (INCLUDING TRANSFERS OF FUNDS)

10 For an amount to be deposited into an account for 

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

12 within the Executive Office of the President for expenses 

13 to prepare for and respond to a potential pandemic disease 

14 outbreak and to assist international efforts to control the 

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

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

17 until September 30, 2010, and to be transferred by the 

18 Director of the Office of Management and Budget as fol19 lows: $900,000,000 shall be transferred to and merged 

20 with funds made available under the heading ‘‘Department 

21 of Health and Human Services, Public Health and Social 

22 Services Emergency Fund’’ for allocation by the Sec23 retary; $190,000,000 shall be transferred to and merged 

24 with funds made available for the United States Depart25 ment of Homeland Security under the heading ‘‘Depart-
42 

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1 mental Management and Operations, Office of the Sec2 retary and Executive Management’’ for allocation by the 

3 Secretary; $100,000,000 shall be transferred to and 

4 merged with funds made available for the United States 

5 Department of Agriculture under the heading ‘‘Agricul6 tural Programs, Production, Processing and Marketing, 

7 Office of the Secretary’’ for allocation by the Secretary; 

8 $50,000,000 shall be transferred to and merged with 

9 funds made available under the heading ‘‘Department of 

10 Health and Human Services, Food and Drug Administra11 tion, Salaries and Expenses’’; $110,000,000 shall be 

12 transferred to and merged with funds made available 

13 under the heading ‘‘Department of Veterans Affairs, Vet14 erans Health Administration, Medical Services’’; and 

15 $150,000,000 shall be transferred to and merged with 

16 funds made available under the heading ‘‘Bilateral Eco17 nomic Assistance, Funds Appropriated to the President, 

18 Global Health and Child Survival’’, to support programs 

19 of the United States Agency for International Develop20 ment: Provided, That such transfers shall be made not 

21 more than 10 days after the date of enactment of this 

22 Act: Provided further, That none of the funds provided 

23 under this heading shall be available for obligation until 

24 15 days following the submittal of a detailed spending plan 

25 by each Department receiving funds to the Committees on 
43 

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1 Appropriations of the House of Representatives and the 

2 Senate: Provided further, That the transfer authority pro3 vided under this heading is in addition to any other trans4 fer authority available in this or any other Act: Provided 

5 further, That the amount under this heading is designated 

6 as an emergency requirement and necessary to meet emer7 gency needs pursuant to sections 403(a) and 423(b) of 

8 S. Con. Res. 13 (111th Congress), the concurrent resolu9 tion on the budget for fiscal year 2010. 

10 THE JUDICIARY 

11 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

12 JUDICIAL SERVICES

13 SALARIES AND EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Salaries and Ex16 penses’’, $10,000,000, to remain available until September 

17 30, 2010: Provided, That notwithstanding section 302 of 

18 division D of Public Law 111–8, funding shall be available 

19 for transfer between Judiciary accounts to meet increased 

20 workload requirements resulting from immigration and 

21 other law enforcement initiatives on the Southwest border: 

22 Provided further, That the amount under this heading is 

23 designated as being for overseas deployments and other 

24 activities pursuant to sections 401(c)(4) and 423(a) of S. 
44 

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

2 on the budget for fiscal year 2010. 

3 INDEPENDENT AGENCIES 

4 SECURITIES AND EXCHANGE COMMISSION

5 SALARIES AND EXPENSES

6 For an additional amount for necessary expenses for 

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

8 remain available until September 30, 2010, for investiga9 tion of securities fraud: Provided, That the amount under 

10 this heading is designated as an emergency requirement 

11 and necessary to meet emergency needs pursuant to sec12 tions 403(a) and 423(b) of S. Con. Res. 13 (111th Con13 gress), the concurrent resolution on the budget for fiscal 

14 year 2010. 

15 GENERAL PROVISIONS—THIS TITLE 

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

17 Public Law 110–428 is amended— 

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

19 ‘‘4-year’’ and inserting ‘‘5-year’’; and 

20 (2) in clause (i), by striking ‘‘1-year’’ and in21 serting ‘‘2-year’’. 

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

23 subsection (a) shall take effect as if included in the enact24 ment of Public Law 110–428. 
45 

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1 SEC. 502. The fourth proviso under the heading 

2 ‘‘District of Columbia Funds’’ of title IV of division D of 

3 the Omnibus Appropriations Act, 2009 (Public Law 111– 

4 8; 123 Stat. 655) is amended by striking ‘‘and such title’’ 

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

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

7 Columbia Home Rule Act of 1973, approved December 24, 

8 1973 (87 Stat. 798), and such title, as amended,’’. 

9 SEC. 503. Title V of division D of the Omnibus Ap10 propriations Act, 2009 (Public Law 111–8) is amended 

11 under the heading ‘‘Federal Communications Commis12 sion’’ by striking the first proviso and inserting the fol13 lowing: ‘‘Provided, That of the funds provided, not less 

14 than $3,000,000 shall be available for developing a na15 tional broadband plan pursuant to title VI of division B 

16 of the American Recovery and Reinvestment Act of 2009 

17 (Public Law 111–5) and for carrying out any other re18 sponsibility pursuant to that title:’’. 

19 TITLE VI 

20 DEPARTMENT OF HOMELAND SECURITY 

21 U.S. CUSTOMS AND BORDER PROTECTION

22 SALARIES AND EXPENSES

23 For an additional amount for ‘‘Salaries and Ex24 penses’’, $46,200,000, to remain available until September 

25 30, 2010, of which $6,200,000 shall be for the care, treat-
46 

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1 ment, and transportation of unaccompanied alien children; 

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

3 security issues on the Southwest border of the United 

4 States. 

5 AIR AND MARINE INTERDICTION, OPERATIONS, 

6 MAINTENANCE, AND PROCUREMENT

7 For an additional amount for ‘‘Salaries and Ex8 penses’’, $5,000,000, to remain available until September 

9 30, 2010, for response to border security issues on the 

10 Southwest border of the United States. 

11 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

12 SALARIES AND EXPENSES

13 For an additional amount for ‘‘Salaries and Ex14 penses’’, $66,800,000, to remain available until September 

15 30, 2010, of which $11,800,000 shall be for the care, 

16 treatment, and transportation of unaccompanied alien 

17 children; and of which $55,000,000 shall be for response 

18 to border security issues on the Southwest border of the 

19 United States. 

20 COAST GUARD

21 OPERATING EXPENSES

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

23 $139,503,000; of which $129,503,000 shall be for Coast 

24 Guard operations in support of Operation Iraqi Freedom 

25 and Operation Enduring Freedom; and of which 
47 

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1 $10,000,000 shall be available until September 30, 2010, 

2 for High Endurance Cutter maintenance, major repairs, 

3 and improvements. 

4 FEDERAL EMERGENCY MANAGEMENT AGENCY

5 STATE AND LOCAL PROGRAMS

6 For an additional amount for ‘‘State and Local Pro7 grams’’, $30,000,000 shall be for Operation Stonegarden. 

8 GENERAL PROVISIONS—THIS TITLE 

9 (INCLUDING RESCISSION)

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

11 made available from ‘‘Federal Emergency Management 

12 Agency, Disaster Relief’’ to the State of Mississippi pursu13 ant to section 404 of the Robert T. Stafford Disaster Re14 lief and Emergency Assistance Act (42 U.S.C. 5170c) for 

15 Hurricane Katrina, an additional $100,000,000 are re16 scinded. 

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

18 Management Agency, State and Local Programs’’, there 

19 is appropriated an additional $100,000,000, to remain 

20 available until expended, for a grant to the State of Mis21 sissippi for an interoperable communications system re22 quired in the aftermath of Hurricane Katrina: Provided, 

23 That the amount under this heading is designated as an 

24 emergency requirement and necessary to meet emergency 

25 needs pursuant to sections 403(a) and 423(b) of S. Con. 
48 

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

2 the budget for fiscal year 2010. 

3 SEC. 602. The Department of Homeland Security 

4 Appropriations Act, 2009 (Public Law 110–329) is 

5 amended under the heading ‘‘Federal Emergency Manage6 ment Agency, Management and Administration’’ after 

7 ‘‘the Robert T. Stafford Disaster Relief and Emergency 

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

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

10 title I, 114 Stat. 583),’’. 

11 SEC. 603. Notwithstanding any provision under 

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

13 be used to increase the number of fire fighters in fire de14 partments, the Secretary of Homeland Security may, in 

15 making grants described under 15 U.S.C. 2229a for fiscal 

16 year 2009 or 2010, grant waivers from the requirements 

17 of subsection (a)(1)(B), subsection (c)(1), subsection 

18 (c)(2), and subsection (c)(4)(A), and may award grants 

19 for the hiring, rehiring, or retention of firefighters. 

20 SEC. 604. The Administrator of the Federal Emer21 gency Management Agency shall extend through March 

22 2010 reimbursement of case management activities con23 ducted by the State of Mississippi under the Disaster 

24 Housing Assistance Program to individuals in the pro25 gram on April 30, 2009. 
49 

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1 SEC. 605. Section 552 of division E of the Consoli2 dated Appropriations Act, 2008 (Public Law 110–161) is 

3 amended by striking ‘‘local educational agencies’’ and in4 serting ‘‘primary or secondary school sites’’ and by insert5 ing ‘‘and section 406(c)(2)’’ after ‘‘section 406(c)(1)’’. 

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

7 title is designated as being for overseas deployments and 

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

9 of S. Con. Res. 13 (111th Congress), the concurrent reso10 lution on the budget for fiscal year 2010. 

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

12 any amount under section 601 of this title. 

13 TITLE VII 

14 DEPARTMENT OF THE INTERIOR 

15 DEPARTMENT-WIDE PROGRAMS

16 WILDLAND FIRE MANAGEMENT

17 (INCLUDING TRANSFER OF FUNDS)

18 For an additional amount to cover necessary expenses 

19 for wildfire suppression and emergency rehabilitation ac20 tivities of the Department of the Interior, $50,000,000, 

21 to remain available until expended: Provided, That such 

22 funds shall only become available if funds provided pre23 viously for wildland fire suppression will be exhausted im24 minently and after the Secretary of the Interior notifies 

25 the Committees on Appropriations of the House of Rep-
50 

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1 resentatives and the Senate in writing of the need for 

2 these additional funds: Provided further, That the Sec3 retary of the Interior may transfer any of these funds to 

4 the Secretary of Agriculture if the transfer enhances the 

5 efficiency or effectiveness of Federal wildland fire suppres6 sion activities: Provided further, That the amount under 

7 this heading is designated as an emergency requirement 

8 and necessary to meet emergency needs pursuant to sec9 tions 403(a) and 423(b) of S. Con. Res. 13 (111th Con10 gress), the concurrent resolution on the budget for fiscal 

11 year 2010. 

12 DEPARTMENT OF AGRICULTURE 

13 FOREST SERVICE

14 WILDLAND FIRE MANAGEMENT

15 (INCLUDING TRANSFER OF FUNDS)

16 For an additional amount to cover necessary expenses 

17 for wildfire suppression and emergency rehabilitation ac18 tivities of the Forest Service, $200,000,000, to remain 

19 available until expended: Provided, That such funds shall 

20 only become available if funds provided previously for 

21 wildland fire suppression will be exhausted imminently 

22 and after the Secretary of Agriculture notifies the Com23 mittees on Appropriations of the House of Representatives 

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

25 funds: Provided further, That the Secretary of Agriculture 
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1 may transfer not more than $50,000,000 of these funds 

2 to the Secretary of the Interior if the transfer enhances 

3 the efficiency or effectiveness of Federal wildland fire sup4 pression activities: Provided further, That the amount 

5 under this heading is designated as an emergency require6 ment and necessary to meet emergency needs pursuant to 

7 sections 403(a) and 423(b) of S. Con. Res. 13 (111th Con8 gress), the concurrent resolution on the budget for fiscal 

9 year 2010. 

10 GENERAL PROVISIONS—THIS TITLE 

11 SEC. 701. Public Law 111–8, division E, title III, De12 partment of Health and Human Services, Agency for 

13 Toxic Substances and Disease Registry, Toxic Substances 

14 and Environmental Public Health is amended by inserting 

15 ‘‘per eligible employee’’ after ‘‘$1,000’’. 

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

17 of Public Law 111–5 shall not be applied to projects car18 ried out by youth conservation organizations under agree19 ment with the Department of the Interior or the Forest 

20 Service for which funds were provided in title VII. 

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

22 conservation organizations’’ means not-for-profit organi23 zations that provide conservation service learning opportu24 nities for youth 16 to 25 years of age. 
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1 TITLE VIII 

2 DEPARTMENT OF HEALTH AND HUMAN 

3 SERVICES 

4 ADMINISTRATION FOR CHILDREN AND FAMILIES

5 REFUGEE AND ENTRANT ASSISTANCE

6 For an additional amount for ‘‘Refugee and Entrant 

7 Assistance’’ for necessary expenses for unaccompanied 

8 alien children as authorized by section 462 of the Home9 land Security Act of 2002 and section 235 of the William 

10 Wilberforce Trafficking Victims Protection Reauthoriza11 tion Act of 2008, $82,000,000, to remain available 

12 through September 30, 2011: Provided, That the amount 

13 under this heading is designated as being for overseas de14 ployments and other activities pursuant to sections 

15 401(c)(4) and 423(a) of S. Con. Res. 13 (111th Con16 gress), the concurrent resolution on the budget for fiscal 

17 year 2010. 

18 GENERAL PROVISIONS—THIS TITLE 

19 (TRANSFER OF FUNDS)

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

21 111–5 is amended by inserting ‘‘, and may be transferred 

22 by the Department of Labor to any other account within 

23 the Department for such purposes’’ before the end period. 
53 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 802. (a) Notwithstanding any other provision 

3 of law, during the period from September 1 through Sep4 tember 30, 2009, the Secretary of Education shall transfer 

5 to the Career, Technical, and Adult Education account an 

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

7 would otherwise lapse at the end of fiscal year 2009 and 

8 that were originally made available under the Department 

9 of Education Appropriations Act, 2009 or any Depart10 ment of Education Appropriations Act for a previous fiscal 

11 year. 

12 (b) Funds transferred under this section to the Ca13 reer, Technical, and Adult Education account shall be obli14 gated by September 30, 2009. 

15 (c) Any amounts transferred pursuant to this section 

16 shall be for carrying out Adult Education State Grants, 

17 and shall be allocated, notwithstanding any other provision 

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

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

20 less than those States received under that program for fis21 cal year 2008. 

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

23 increase those States’ allocations under that program up 

24 to the amount they received under that program for fiscal 

25 year 2008. 
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1 (e) The Secretary shall notify the Committees on Ap2 propriations of both Houses of Congress of any transfer 

3 pursuant to this section. 

4 TITLE IX 

5 LEGISLATIVE BRANCH 

6 CAPITOL POLICE 

7 GENERAL EXPENSES

8 For an additional amount for ‘‘Capitol Police, Gen9 eral Expenses’’, $71,606,000, to purchase and install a 

10 new radio system for the U.S. Capitol Police, to remain 

11 available until September 30, 2012: Provided, That the 

12 Chief of the Capitol Police may not obligate any of the 

13 funds appropriated under this heading without approval 

14 of an obligation plan by the Committees on Appropriations 

15 of the Senate and the House of Representatives. 

16 CONGRESSIONAL BUDGET OFFICE 

17 SALARIES AND EXPENSES

18 For an additional amount for ‘‘Salaries and Ex19 penses’’, $2,000,000, to remain available until September 

20 30, 2010. 

21 GENERAL PROVISION—THIS TITLE 

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

23 the Judiciary for expenses, including salaries, under sec24 tion 13(b) of Senate Resolution 73, agreed to March 10, 

25 2009, is increased by $500,000. 
55 

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1 TITLE X 

2 MILITARY CONSTRUCTION 

3 MILITARY CONSTRUCTION, ARMY

4 (INCLUDING RESCISSION)

5 For an additional amount for ‘‘Military Construction, 

6 Army’’, $1,229,731,000, to remain available until Sep7 tember 30, 2013: Provided, That notwithstanding any 

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

9 expended to carry out planning and design and military 

10 construction projects not otherwise authorized by law: 

11 Provided further, That none of the funds provided under 

12 this heading for military construction projects in Afghani13 stan shall be obligated or expended until the Secretary of 

14 Defense certifies to the Committees on Appropriations of 

15 both Houses of Congress that a prefinancing statement 

16 for each project has been submitted to the North Atlantic 

17 Treaty Organization (NATO) for consideration of funding 

18 by the NATO Security Investment Program. 

19 For an additional amount for ‘‘Military Construction, 

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

21 30, 2013: Provided, That notwithstanding any other provi22 sion of law, such funds may be obligated and expended 

23 to carry out planning and design and military construction 

24 projects not otherwise authorized by law: Provided further, 

25 That the preceding amount in this paragraph is des-
56 

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1 ignated as an emergency requirement and necessary to 

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

3 423(b) of S. Con. Res. 13 (111th Congress), the concur4 rent resolution on the budget for fiscal year 2010: Pro5 vided further, That of the funds appropriated for ‘‘Military 

6 Construction, Army’’ under Public Law 110–252, 

7 $49,000,000 are hereby rescinded. 

8 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

9 For an additional amount for ‘‘Military Construction, 

10 Navy and Marine Corps’’, $243,083,000, to remain avail11 able until September 30, 2013: Provided, That notwith12 standing any other provision of law, such funds may be 

13 obligated and expended to carry out planning and design 

14 and military construction projects not otherwise author15 ized by law. 

16 MILITARY CONSTRUCTION, AIR FORCE

17 For an additional amount for ‘‘Military Construction, 

18 Air Force’’, $265,470,000, to remain available until Sep19 tember 30, 2013: Provided, That notwithstanding any 

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

21 expended to carry out planning and design and military 

22 construction projects not otherwise authorized by law: 

23 Provided further, That none of the funds provided under 

24 this heading for military construction projects in Afghani25 stan shall be obligated or expended until the Secretary of 
57 

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1 Defense certifies to the Committees on Appropriations of 

2 both Houses of Congress that a prefinancing statement 

3 for each project has been submitted to the North Atlantic 

4 Treaty Organization (NATO) for consideration of funding 

5 by the NATO Security Investment Program. 

6 MILITARY CONSTRUCTION, DEFENSE-WIDE

7 For an additional amount for ‘‘Military Construction, 

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

9 September 30, 2013: Provided, That notwithstanding any 

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

11 expended to carry out planning and design and military 

12 construction projects not otherwise authorized by law: 

13 Provided further, That $1,781,500,000 is hereby author14 ized for fiscal years 2009 through 2013 for the purposes 

15 of this appropriation. 

16 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

17 INVESTMENT PROGRAM

18 For an additional amount for ‘‘North Atlantic Treaty 

19 Organization Security Investment Program’’, 

20 $100,000,000, to remain available until expended: Pro21 vided, That notwithstanding any other provision of law, 

22 such funds are authorized for the North Atlantic Treaty 

23 Security Investment Program for purposes of section 2806 

24 of title 10, United States Code, and section 2502 of the 
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1 Military Construction Authorization Act for Fiscal Year 

2 2009 (division B of Public Law 110–417). 

3 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

4 2005 

5 For deposit into the Department of Defense Base 

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

7 of the Defense Base Closure and Realignment Act of 1990 

8 (10 U.S.C. 2687 note), $230,900,000, to remain available 

9 until expended: Provided, That notwithstanding any other 

10 provision of law, such funds may be obligated and ex11 pended to carry out operation and maintenance, planning 

12 and design and military construction projects not other13 wise authorized by law. 

14 GENERAL PROVISIONS—THIS TITLE 

15 SEC. 1001. None of the funds appropriated in this 

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

17 or relocate the Armed Forces Institute of Pathology, ex18 cept for the Armed Forces Medical Examiner, until the 

19 President has established, as required by section 722 of 

20 the National Defense Authorization Act for Fiscal Year 

21 2008 (Public Law 110–181; 122 Stat. 199; 10 U.S.C. 176 

22 note), a Joint Pathology Center, and the Joint Pathology 

23 Center is demonstrably performing the minimum require24 ments set forth in section 722 of the National Defense 

25 Authorization Act for Fiscal Year 2008. 
59 

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1 SEC. 1002. (a) IN GENERAL.—Unless otherwise des2 ignated, each amount in this title is designated as being 

3 for overseas deployments and other activities pursuant to 

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

5 Congress), the concurrent resolution on the budget for fis6 cal year 2010. 

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

8 any amount under the heading ‘‘Military Construction, 

9 Defense-Wide’’. 

10 TITLE XI 

11 DEPARTMENT OF STATE 

12 ADMINISTRATION OF FOREIGN AFFAIRS

13 DIPLOMATIC AND CONSULAR PROGRAMS

14 (INCLUDING TRANSFER OF FUNDS)

15 For an additional amount for ‘‘Diplomatic and Con16 sular Programs’’, $645,444,000, to remain available until 

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

18 Wide Security Protection and shall remain available until 

19 expended: Provided, That the Secretary of State may 

20 transfer up to $135,629,000 of the total funds made avail21 able under this heading to any other appropriation of any 

22 department or agency of the United States, upon the con23 currence of the head of such department or agency, to sup24 port operations in and assistance for Afghanistan and to 

25 carry out the provisions of the Foreign Assistance Act of 
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1 1961: Provided further, That of the funds appropriated 

2 under this heading, not more than $10,000,000 for public 

3 diplomacy activities may be transferred to, and merged 

4 with, funds made available under the heading ‘‘Inter5 national Broadcasting Operations’’ for broadcasting ac6 tivities to the Pakistan-Afghanistan border region: Pro7 vided further, That of the funds appropriated under this 

8 heading, $57,000,000 shall be made available for aircraft 

9 acquisition, maintenance, operations and leases in Afghan10 istan for the Department of State and the United States 

11 Agency for International Development (USAID), and the 

12 uses and oversight of such aircraft shall be the responsi13 bility of the United States Chief of Mission in Afghani14 stan: Provided further, That of the funds made available 

15 pursuant to the previous proviso, $40,000,000 shall be 

16 transferred to, and merged with, funds made available 

17 under the heading ‘‘United States Agency for Inter18 national Development, Funds Appropriated to the Presi19 dent, Operating Expenses’’ for the purpose of USAID’s 

20 air services: Provided further, That such aircraft utilized 

21 by USAID may be used to transport Federal and non22 Federal personnel supporting USAID programs and ac23 tivities: Provided further, That official travel of other agen24 cies for other purposes may be supported on a reimburs-
61 

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1 able basis, or without reimbursement when traveling on 

2 a space available basis. 

3 OFFICE OF INSPECTOR GENERAL

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Office of Inspector 

6 General’’, $22,200,000, to remain available until Sep7 tember 30, 2010, of which $7,000,000 shall be transferred 

8 to the Special Inspector General for Iraq Reconstruction 

9 for reconstruction oversight, and $7,200,000 shall be 

10 transferred to the Special Inspector General for Afghani11 stan Reconstruction for reconstruction oversight: Pro12 vided, That the Special Inspector General for Afghanistan 

13 Reconstruction may exercise the authorities of subsections 

14 (b) through (i) of section 3161 of title 5, United States 

15 Code (without regard to subsection (a) of such section) 

16 for funds made available for fiscal years 2009 and 2010. 

17 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

18 For an additional amount for ‘‘Embassy Security, 

19 Construction, and Maintenance’’, $820,500,000, to re20 main available until expended, for worldwide security up21 grades, acquisition, and construction as authorized, and 

22 shall be made available for secure diplomatic facilities and 

23 housing for United States mission staff in Afghanistan 

24 and Pakistan, and for mobile mail screening units. 
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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

3 ACTIVITIES

4 For an additional amount for ‘‘Contributions for 

5 International Peacekeeping Activities’’, $721,000,000, to 

6 remain available until September 30, 2010. 

7 UNITED STATES AGENCY FOR INTERNATIONAL 

8 DEVELOPMENT 

9 FUNDS APPROPRIATED TO THE PRESIDENT

10 OPERATING EXPENSES

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

12 $112,600,000, to remain available until September 30, 

13 2010. 

14 CAPITAL INVESTMENT FUND

15 For an additional amount for ‘‘Capital Investment 

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

17 OFFICE OF INSPECTOR GENERAL

18 For an additional amount for ‘‘Office of Inspector 

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

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

21 Pakistan. 
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1 BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 GLOBAL HEALTH AND CHILD SURVIVAL

4 For an additional amount for ‘‘Global Health and 

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

6 September 30, 2010, notwithstanding any other provision 

7 of law, except for the United States Leadership Against 

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

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

10 Global Fund to Fight AIDS, Tuberculosis and Malaria. 

11 DEVELOPMENT ASSISTANCE

12 For an additional amount for ‘‘Development Assist13 ance’’, $38,000,000, to remain available until September 

14 30, 2010, for assistance for Kenya. 

15 INTERNATIONAL DISASTER ASSISTANCE

16 For an additional amount for ‘‘International Disaster 

17 Assistance’’, $245,000,000, to remain available until ex18 pended. 

19 ECONOMIC SUPPORT FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 For an additional amount for ‘‘Economic Support 

22 Fund’’, $2,828,000,000, to remain available until Sep23 tember 30, 2010: Provided, That of the funds appro24 priated under this heading, not less than $866,000,000 

25 may be made available for assistance for Afghanistan, of 
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1 which not less than $100,000,000 shall be made available 

2 to support programs that directly address the needs of Af3 ghan women and girls, including for the Afghan Inde4 pendent Human Rights Commission, the Afghan Ministry 

5 of Women’s Affairs, and for women-led nongovernmental 

6 organizations: Provided further, That of the funds appro7 priated under this heading, not less than $115,000,000 

8 shall be made available for the Afghan Reconstruction 

9 Trust Fund, of which not less than $70,000,000 shall be 

10 made available for the National Solidarity Program: Pro11 vided further, That of the funds appropriated under this 

12 heading, not less than $11,000,000 shall be made avail13 able for the Afghan Civilian Assistance Program: Provided 

14 further, That of the funds appropriated under this head15 ing, not less than $439,000,000 shall be made available 

16 for assistance for Pakistan, of which not more than 

17 $215,000,000 shall be made available for economic growth 

18 programs, including basic education to counter the influ19 ence of madrassas; not less than $50,000,000 shall be 

20 made available for assistance for internally displaced per21 sons; and not less than $10,000,000 shall be made avail22 able for democracy programs, including to strengthen 

23 democratic political parties: Provided further, That of the 

24 funds appropriated under this heading that are available 

25 for assistance for Afghanistan and Pakistan, not less than 
65 

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1 $20,000,000 shall be made available for a cross border 

2 development program to be administered by the Special 

3 Representative for Afghanistan and Pakistan at the De4 partment of State: Provided further, That of the funds ap5 propriated under this heading, not less than $439,000,000 

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

7 not less than $50,000,000 shall be for the Community Ac8 tion Program and not less than $10,000,000 shall be for 

9 the Marla Ruzicka Iraqi War Victims Fund: Provided fur10 ther, That of the funds appropriated under this heading, 

11 not less than $150,000,000 shall be made available for 

12 assistance for Jordan to mitigate the impact of the global 

13 economic crisis, including for health, education, water and 

14 sanitation, and other assistance for Iraqi and other refu15 gees in Jordan: Provided further, That of the funds appro16 priated under this heading, not less than $15,000,000 

17 shall be made available for assistance for Yemen; not less 

18 than $10,000,000 shall be made available for assistance 

19 for Somalia; and not less than $10,000,000 shall be made 

20 available for programs and activities to assist victims of 

21 gender-based violence in the Democratic Republic of the 

22 Congo: Provided further, That funds made available pursu23 ant to the previous proviso shall be administered by the 

24 United States Agency for International Development: Pro25 vided further, That none of the funds appropriated in this 
66 

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1 title for democracy and civil society programs may be 

2 made available for the construction of facilities in the 

3 United States. 

4 ASSISTANCE FOR EUROPE, EURASIA, AND CENTRAL ASIA

5 For an additional amount for ‘‘Assistance for Eu6 rope, Eurasia and Central Asia’’, $230,000,000, to remain 

7 available until September 30, 2010, of which 

8 $200,000,000 may be made available for assistance for 

9 Georgia and other Eurasian countries: Provided, That of 

10 the funds appropriated under this heading, $30,000,000 

11 may be made available for assistance for the Kyrgyz Re12 public to provide a long-range air traffic control and safety 

13 system to support air operations in the Kyrgyz Republic, 

14 including at Manas International Airport, notwithstanding 

15 any other provision of law. 

16 DEPARTMENT OF STATE

17 INTERNATIONAL NARCOTICS CONTROL AND LAW

18 ENFORCEMENT

19 For an additional amount for ‘‘International Nar20 cotics Control and Law Enforcement’’, $393,500,000, to 

21 remain available until September 30, 2010: Provided, 

22 That of the funds appropriated under this heading, not 

23 more than $109,000,000 may be made available for assist24 ance for the West Bank and not more than $66,000,000 

25 may be made available for assistance for Mexico. 
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1 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

2 RELATED PROGRAMS

3 For an additional amount for ‘‘Nonproliferation, 

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

5 $102,000,000, to remain available until September 30, 

6 2010: Provided, That of this amount, not more than 

7 $77,000,000, to remain available until expended, may be 

8 made available for the Nonproliferation and Disarmament 

9 Fund, notwithstanding any other provision of law, of 

10 which not more than $50,000,000 may be made available 

11 to enhance security along the Gaza border: Provided fur12 ther, That the Secretary of State shall work assiduously 

13 to facilitate the regular flow of people and licit goods in 

14 and out of Gaza at established border crossings and shall 

15 submit a report to the Committees on Appropriations not 

16 later than 45 days after enactment of this Act, and every 

17 45 days thereafter until September 30, 2010, detailing 

18 progress in this effort. 

19 MIGRATION AND REFUGEE ASSISTANCE

20 For an additional amount for ‘‘Migration and Ref21 ugee Assistance’’, $345,000,000, to remain available until 

22 expended. 
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1 INTERNATIONAL SECURITY ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 PEACEKEEPING OPERATIONS

4 (INCLUDING TRANSFER OF FUNDS)

5 For an additional amount for ‘‘Peacekeeping Oper6 ations’’, $172,900,000, to remain available until Sep7 tember 30, 2010, of which $155,900,000 may be made 

8 available to support the African Union Mission to Somalia 

9 and which may be transferred to, and merged with, funds 

10 appropriated under the heading ‘‘Contributions for Inter11 national Peacekeeping Activities’’ for peacekeeping in So12 malia: Provided, That of the funds appropriated under this 

13 heading, $15,000,000 shall be made available for assist14 ance for the Democratic Republic of the Congo and 

15 $2,000,000 shall be made available for the Multinational 

16 Force and Observer mission in the Sinai. 

17 INTERNATIONAL MILITARY EDUCATION AND TRAINING

18 For an additional amount for ‘‘International Military 

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

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

21 FOREIGN MILITARY FINANCING PROGRAM

22 For an additional amount for ‘‘Foreign Military Fi23 nancing Program’’, $98,000,000, to remain available until 

24 September 30, 2009, for assistance for Lebanon. 
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1 GENERAL PROVISIONS—THIS TITLE 

2 AFGHANISTAN

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

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

5 available for assistance for Afghanistan shall be made 

6 available, to the maximum extent practicable, in a manner 

7 that utilizes Afghan entities and emphasizes the participa8 tion of Afghan women and directly improves the security, 

9 economic and social well-being, and political status, of Af10 ghan women and girls. 

11 (b) LIMITATION ON CONTRACTS AND GRANTS.— 

12 Funds appropriated under the heading ‘‘Economic Sup13 port Fund’’ that are available for assistance for Afghani14 stan shall not be used to initiate or make an amendment 

15 to any contract, grant or cooperative agreement in an 

16 amount exceeding $10,000,000. 

17 (c) ASSISTANCE FOR WOMEN AND GIRLS.— 

18 (1) Of the funds appropriated under the head19 ing ‘‘International Narcotics Control and Law En20 forcement’’ that are available for assistance for Af21 ghanistan, not less than $10,000,000 shall be made 

22 available to train and support Afghan women inves23 tigators, police officers, prosecutors and judges with 

24 responsibility for investigating, prosecuting, and 
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1 punishing crimes of violence against women and 

2 girls. 

3 (2) Of the funds appropriated under the head4 ing ‘‘Economic Support Fund’’ that are available for 

5 assistance for Afghanistan, not less than $5,000,000 

6 shall be made available for capacity building for Af7 ghan women-led nongovernmental organizations, and 

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

9 support programs and activities of such organiza10 tions, including to provide legal assistance and train11 ing for Afghan women and girls about their rights, 

12 and to promote women’s health (including mental 

13 health), education, and leadership. 

14 (d) ANTICORRUPTION.—Ten percent of the funds ap15 propriated under the heading ‘‘International Narcotics 

16 Control and Law Enforcement’’ that are available for as17 sistance for the Government of Afghanistan shall be with18 held from obligation until the Secretary of State reports 

19 to the Committees on Appropriations that the Government 

20 of Afghanistan is implementing a policy to promptly re21 move from office any government official who is credibly 

22 alleged to have engaged in narcotics trafficking, gross vio23 lations of human rights, or other major crimes. 

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

25 $10,000,000 of the funds appropriated in this title may 
71 

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1 be made available to pay for the acquisition of property 

2 for diplomatic facilities in Afghanistan. 

3 (f) UNITED NATIONS DEVELOPMENT PROGRAM.— 

4 None of the funds appropriated in this title may be made 

5 available for programs and activities of the United Nations 

6 Development Program (UNDP) in Afghanistan unless the 

7 Secretary of State reports to the Committees on Appro8 priations that UNDP is fully cooperating with efforts of 

9 the United States Agency for International Development 

10 (USAID) to investigate expenditures by UNDP of USAID 

11 funds associated with the Quick Impact Program in Af12 ghanistan, and has agreed to reimburse USAID, if appro13 priate. 

14 ALLOCATIONS

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

16 the following accounts shall be made available for pro17 grams and countries in the amounts contained in the re18 spective tables included in the report accompanying this 

19 Act: 

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

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

22 Maintenance’’. 

23 (3) ‘‘Economic Support Fund’’. 

24 (4) ‘‘International Narcotics Control and Law 

25 Enforcement’’. 
72 

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

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

3 accompanying this Act, the Secretary of State and the Ad4 ministrator of the United States Agency for International 

5 Development, as appropriate, may propose deviations to 

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

7 regular notification procedures of the Committees on Ap8 propriations and section 634A of the Foreign Assistance 

9 Act of 1961. 

10 BURMA

11 SEC. 1103. (a) Funds appropriated under the head12 ing ‘‘Economic Support Fund’’ for humanitarian assist13 ance for Burma may be made available notwithstanding 

14 any other provision of law. 

15 (b) Not later than 30 days after enactment of this 

16 Act, the Secretary of State shall submit to the Committees 

17 on Appropriations a report that details the findings and 

18 recommendations of the Department of State’s review of 

19 United States policy toward Burma. 

20 EXTENSION OF AUTHORITIES

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

22 obligated and expended notwithstanding section 10 of 

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

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

25 Relations Authorization Act, Fiscal Years 1994 and 1995 
73 

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1 (Public Law 103–236), and section 504(a)(1) of the Na2 tional Security Act of 1947 (50 U.S.C. 414(a)(1)). 

3 GLOBAL FINANCIAL CRISIS

4 SEC. 1105. (a) IN GENERAL.—Of the funds appro5 priated under the heading ‘‘Economic Support Fund’’, not 

6 more than $285,000,000 may be made available for assist7 ance for vulnerable populations in developing countries se8 verely affected by the global financial crisis: Provided, 

9 That funds made available pursuant to this section may 

10 be obligated only after the Administrator of the United 

11 States Agency for International Development (USAID) 

12 submits a report to the Committees on Appropriations de13 tailing a spending plan for each such country including 

14 criteria for eligibility, proposed amounts and purposes of 

15 assistance, and mechanisms for monitoring the uses of 

16 such assistance, and indicating that USAID has reviewed 

17 its existing programs in such country to determine re18 programming opportunities to increase assistance for vul19 nerable populations: Provided further, That funds made 

20 available pursuant to this section shall be transferred to, 

21 and merged with, the following accounts: 

22 (1) Not less than $12,000,000 for the ‘‘Devel23 opment Credit Authority’’, for the cost of direct 

24 loans and loan guarantees notwithstanding the dol25 lar limitations in such account on transfers to the 
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1 account and the principal amount of loans made or 

2 guaranteed with respect to any single country or 

3 borrower: Provided, That such transferred funds 

4 may be made available to subsidize total loan prin5 cipal, any portion of which is to be guaranteed, of 

6 up to $3,300,000,000: Provided further, That the 

7 authority provided in this subsection is in addition 

8 to authority provided under the heading ‘‘Develop9 ment Credit Authority’’ in Public Law 111–8: Pro10 vided further, That and up to $1,500,000 may be 

11 made available for administrative expenses to carry 

12 out credit programs administered by the United 

13 States Agency for International Development; and 

14 (2) Not more than $20,000,000 for the ‘‘Over15 seas Private Investment Corporation Program Ac16 count’’, notwithstanding section 708(b) of Public 

17 Law 111–8: Provided, That such funds shall not be 

18 available for administrative expenses of the Overseas 

19 Private Investment Corporation. 

20 (b) REPROGRAMMING AUTHORITY.—Notwith21 standing any other provision of law and in addition to 

22 funds otherwise available for such purposes, funds appro23 priated under the heading ‘‘Millennium Challenge Cor24 poration’’ (MCC) in prior Acts making appropriations for 

25 the Department of State, foreign operations, export fi-
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1 nancing, and related programs may be transferred to, and 

2 merged with, funds appropriated under the heading ‘‘Eco3 nomic Support Fund’’ that are made available pursuant 

4 to this section. 

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

6 may only be exercised for a country that has signed 

7 a compact with the MCC or has been designated by 

8 the MCC as a threshold country, and such a re9 programming of funds should be made, if prac10 ticable, prior to making available additional assist11 ance for such purposes. 

12 (2) The MCC shall consult with the Committees 

13 on Appropriations prior to exercising the authority 

14 of this subsection. 

15 IRAQ

16 SEC. 1106. (a) IN GENERAL.—Funds appropriated 

17 in this title that are available for assistance for Iraq shall 

18 be made available, to the maximum extent practicable, in 

19 a manner that utilizes Iraqi entities. 

20 (b) MATCHING REQUIREMENT.—Funds appropriated 

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

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

23 2009, ‘‘Guidelines for Government of Iraq Financial Par24 ticipation in United States Government-Funded Civilian 

25 Foreign Assistance Programs and Projects’’. 
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1 (c) OTHER ASSISTANCE.—Of the funds appropriated 

2 in this title under the heading ‘‘Economic Support Fund’’, 

3 not less than $20,000,000 shall be made available for tar4 geted development programs and activities in areas of con5 flict in Iraq, and the responsibility for policy decisions and 

6 justifications for the use of such funds shall be the respon7 sibility of the United States Chief of Mission in Iraq. 

8 PROHIBITION ON ASSISTANCE FOR HAMAS

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

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

11 any entity effectively controlled by Hamas or any power12 sharing government of which Hamas is a member. 

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

14 assistance may be provided to a power-sharing government 

15 only if the President certifies and reports to the Commit16 tees on Appropriations that such government, including all 

17 of its ministers or such equivalent, has publicly accepted 

18 and is complying with the principles contained in section 

19 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 

20 1961, as amended. 

21 (c) The President may exercise the authority in sec22 tion 620K(e) of the Foreign Assistance Act as added by 

23 the Palestinian Anti-Terrorism Act of 2006 (Public Law 

24 109–446) with respect to this subsection. 
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1 (d) Whenever the certification pursuant to subsection 

2 (b) is exercised, the Secretary of State shall submit a re3 port to the Committees on Appropriations within 120 days 

4 of the certification and every quarter thereafter on wheth5 er such government, including all of its ministers or such 

6 equivalent, are continuing to comply with the principles 

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

8 shall also detail the amount, purposes and delivery mecha9 nisms for any assistance provided pursuant to the 

10 abovementioned certification and a full accounting of any 

11 direct support of such government. 

12 MEXICO

13 SEC. 1108. (a) Not later than 60 days after enact14 ment of this Act, the Secretary of State shall submit a 

15 report to the Committees on Appropriations detailing ac16 tions taken by the Government of Mexico since June 30, 

17 2008, to investigate and prosecute violations of inter18 nationally recognized human rights by members of the 

19 Mexican Federal police and military forces, and to support 

20 a thorough, independent, and credible investigation of the 

21 murder of American citizen Bradley Roland Will. 

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

23 be made available for the cost of fuel for helicopters pro24 vided to Mexico, or for logistical support, including oper-
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1 ations and maintenance, of aircraft purchased by the Gov2 ernment of Mexico. 

3 (c) In order to enhance border security and coopera4 tion in law enforcement efforts between Mexico and the 

5 United States, funds appropriated in this title that are 

6 available for assistance for Mexico may be made available 

7 for the procurement of law enforcement communications 

8 equipment only if such equipment utilizes open standards 

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

10 radio communications systems and related equipment uti11 lized by Federal law enforcement agencies in the United 

12 States to enhance border security and cooperation in law 

13 enforcement efforts between Mexico and the United 

14 States. 

15 MULTILATERAL DEVELOPMENT BANK REPLENISHMENTS

16 SEC. 1109. (a) INTERNATIONAL DEVELOPMENT AS17 SOCIATION.—The International Development Association 

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

19 end thereof the following: 

20 ‘‘SEC. 24. FIFTEENTH REPLENISHMENT. 

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

22 Development Association is authorized to contribute on 

23 behalf of the United States $3,705,000,000 to the fif24 teenth replenishment of the resources of the Association, 

25 subject to obtaining the necessary appropriations. 
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1 ‘‘(b) In order to pay for the United States contribu2 tion provided for in subsection (a), there are authorized 

3 to be appropriated, without fiscal year limitation, 

4 $3,705,000,000 for payment by the Secretary of the 

5 Treasury. 

6 ‘‘SEC. 25. MULTILATERAL DEBT RELIEF. 

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

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

9 $356,000,000 to the International Development Associa10 tion for the purpose of funding debt relief under the Multi11 lateral Debt Relief Initiative in the period governed by the 

12 fifteenth replenishment of resources of the International 

13 Development Association, subject to obtaining the nec14 essary appropriations and without prejudice to any fund15 ing arrangements in existence on the date of the enact16 ment of this section. 

17 ‘‘(b) In order to pay for the United States contribu18 tion provided for in subsection (a), there are authorized 

19 to be appropriated, without fiscal year limitation, not more 

20 than $356,000,000 for payment by the Secretary of the 

21 Treasury. 

22 ‘‘(c) In this section, the term ‘Multilateral Debt Re23 lief Initiative’ means the proposal set out in the G8 Fi24 nance Ministers’ Communique entitled ‘Conclusions on 

25 Development,’ done at London, June 11, 2005, and re-
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1 affirmed by G8 Heads of State at the Gleneagles Summit 

2 on July 8, 2005.’’. 

3 (b) AFRICAN DEVELOPMENT FUND.—The African 

4 Development Fund Act (22 U.S.C. 290 et seq.) is amend5 ed by adding at the end thereof the following: 

6 ‘‘SEC. 219. ELEVENTH REPLENISHMENT. 

7 ‘‘(a) The United States Governor of the Fund is au8 thorized to contribute on behalf of the United States 

9 $468,165,000 to the eleventh replenishment of the re10 sources of the Fund, subject to obtaining the necessary 

11 appropriations. 

12 ‘‘(b) In order to pay for the United States contribu13 tion provided for in subsection (a), there are authorized 

14 to be appropriated, without fiscal year limitation, 

15 $468,165,000 for payment by the Secretary of the Treas16 ury. 

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

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

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

20 $26,000,000 to the African Development Fund for the 

21 purpose of funding debt relief under the Multilateral Debt 

22 Relief Initiative in the period governed by the eleventh re23 plenishment of resources of the African Development 

24 Fund, subject to obtaining the necessary appropriations 
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1 and without prejudice to any funding arrangements in ex2 istence on the date of the enactment of this section. 

3 ‘‘(b) In order to pay for the United States contribu4 tion provided for in subsection (a), there are authorized 

5 to be appropriated, without fiscal year limitation, not more 

6 than $26,000,000 for payment by the Secretary of the 

7 Treasury.’’. 

8 PROMOTION OF POLICY GOALS AT THE WORLD BANK

9 GROUP

10 SEC. 1110. Title XVI of the International Financial 

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

12 adding at the end thereof the following: 

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

14 THE WORLD BANK. 

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

16 United States Executive Directors at the International 

17 Bank for Reconstruction and Development, the Inter18 national Development Association, and the International 

19 Finance Corporation of the following United States policy 

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

21 to actively promote and work to achieve these goals: 

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

23 Workers’ Indicator for the purpose of ranking or 

24 scoring country performance in the annual Doing 

25 Business Report of the World Bank until a set of in-
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1 dicators can be devised that fairly represent the 

2 value of internationally recognized workers’ rights, 

3 including core labor standards, in creating a stable 

4 and favorable environment for attracting private in5 vestment. The indicators shall bring to bear the ex6 periences of the member governments in dealing 

7 with the economic, social and political complexity of 

8 labor market issues. The indicators should be devel9 oped through collaborative discussions with and be10 tween the World Bank, the International Finance 

11 Corporation, the International Labor Organization, 

12 private companies, and labor unions. 

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

14 Contributions’ Subindicator from the annual Doing 

15 Business Report of the World Bank. 

16 ‘‘(3) Removal of the ‘Employing Workers’ Indi17 cator as a ‘guidepost’ for calculating the annual 

18 Country Policy and Institutional Assessment score 

19 for each recipient country. 

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

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

22 an instruction to the United States Executive Directors 

23 referred to in subsection (a) to take appropriate actions 

24 with respect to implementing the policy goals of the 

25 United States set forth in subsection (a), and such in-
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1 struction shall be posted on the website of the Department 

2 of the Treasury. 

3 ‘‘SEC. 1627. ENHANCING THE TRANSPARENCY AND EFFEC4 TIVENESS OF THE INSPECTION PANEL PROC5 ESS OF THE WORLD BANK. 

6 ‘‘(a) ENHANCING TRANSPARENCY IN IMPLEMENTA7 TION OF MANAGEMENT ACTION PLANS.—The Secretary 

8 of the Treasury shall direct the United States Executive 

9 Directors at the World Bank to seek to ensure that World 

10 Bank Procedure 17.55, which establishes the operating 

11 procedures of Management with regard to the Inspection 

12 Panel, provides that Management prepare and make avail13 able to the public semiannual progress reports describing 

14 implementation of Action Plans considered by the Board; 

15 allow and receive comments from Requesters and other 

16 Affected Parties for two months after the date of disclo17 sure of the progress reports; post these comments on 

18 World Bank and Inspection Panel websites (after receiving 

19 permission from the requestors to post with or without 

20 attribution); submit the reports to the Board with any 

21 comments received; and make public the substance of any 

22 actions taken by the Board after Board consideration of 

23 the reports. 

24 ‘‘(b) SAFEGUARDING THE INDEPENDENCE AND EF25 FECTIVENESS OF THE INSPECTION PANEL.—The Sec-
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1 retary of the Treasury shall direct the United States Exec2 utive Directors at the World Bank to continue to promote 

3 the independence and effectiveness of the Inspection 

4 Panel, including by seeking to ensure the availability of, 

5 and access by claimants to, the Inspection Panel for 

6 projects supported by World Bank resources. 

7 ‘‘(c) EVALUATION OF COUNTRY SYSTEMS.—The Sec8 retary of the Treasury shall direct the United States Exec9 utive Directors at the World Bank to request an evalua10 tion by the Independent Evaluation Group on the use of 

11 country environmental and social safeguard systems to de12 termine the degree to which, in practice, the use of such 

13 systems provides the same level of protection at the project 

14 level as do the policies and procedures of the World Bank. 

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

16 term ‘World Bank’ means the International Bank for Re17 construction and Development and the International De18 velopment Association.’’. 

19 CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS

20 ACCOUNTING

21 SEC. 1111. Title XIII of the International Financial 

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

23 adding at the end thereof the following: 
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1 ‘‘SEC. 1308. CLIMATE CHANGE MITIGATION AND GREEN2 HOUSE GAS ACCOUNTING. 

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

4 Secretary of the Treasury shall seek to ensure that multi5 lateral development banks (as defined in section 

6 1701(c)(4) of this Act) adopt and implement greenhouse 

7 gas accounting in analyzing the benefits and costs of indi8 vidual projects (excluding those with de minimus green9 house gas emissions) for which funding is sought from the 

10 bank. 

11 ‘‘(b) EXPANSION OF CLIMATE CHANGE MITIGATION

12 ACTIVITIES.—The Secretary of the Treasury shall work 

13 to ensure that the multilateral development banks (as de14 fined in section 1701(c)(4)) expand their activities sup15 porting climate change mitigation by— 

16 ‘‘(1) significantly expanding support for invest17 ments in energy efficiency and renewable energy, in18 cluding zero carbon technologies; 

19 ‘‘(2) reviewing all proposed infrastructure in20 vestments to ensure that all opportunities for inte21 grating energy efficiency measures have been consid22 ered; 

23 ‘‘(3) increasing the dialogue with the govern24 ments of developing countries regarding— 
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1 ‘‘(A) analysis and policy measures needed 

2 for low carbon emission economic development; 

3 and 

4 ‘‘(B) reforms needed to promote private 

5 sector investments in energy efficiency and re6 newable energy, including zero carbon tech7 nologies; and 

8 ‘‘(4) integrate low carbon emission economic de9 velopment objectives into multilateral development 

10 bank country strategies. 

11 ‘‘(c) REPORT TO CONGRESS.—Not later than 1 year 

12 after the date of the enactment of this section, and annu13 ally thereafter, the Secretary of the Treasury shall submit 

14 a report on the status of efforts to implement this section 

15 to the Committee on Foreign Relations and the Committee 

16 on Appropriations of the Senate and the Committee on 

17 Financial Services and the Committee on Appropriations 

18 of the House of Representatives.’’. 

19 MULTILATERAL DEVELOPMENT BANK REFORM

20 SEC. 1112. (a) BUDGET DISCLOSURE.—The Sec21 retary of the Treasury shall seek to ensure that the multi22 lateral development banks make timely, public disclosure 

23 of their operating budgets including expenses for staff, 

24 consultants, travel and facilities. 
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1 (b) EVALUATION.—The Secretary of the Treasury 

2 shall seek to ensure that multilateral development banks 

3 rigorously evaluate the development impact of selected 

4 bank projects, programs, and financing operations, and 

5 emphasize use of random assignment in conducting such 

6 evaluations, where appropriate and to the extent feasible. 

7 (c) EXTRACTIVE INDUSTRIES.—The Secretary of the 

8 Treasury shall direct the United States Executive Direc9 tors at the multilateral development banks to promote the 

10 endorsement of the Extractive Industry Transparency Ini11 tiative (EITI) by these institutions and the integration of 

12 the principles of the EITI into extractive industry-related 

13 projects that are funded by the multilateral development 

14 banks. 

15 (d) REPORT.—Not later than September 30, 2009, 

16 the Secretary of the Treasury shall submit a report to the 

17 Committee on Appropriations and the Committee on For18 eign Relations of the Senate, and the Committee on Ap19 propriations and the Committee on Foreign Affairs of the 

20 House, detailing actions taken by the multilateral develop21 ment banks to achieve the objectives of this section. 

22 (e) COORDINATION OF DEVELOPMENT POLICY.—The 

23 Secretary of the Treasury shall coordinate the formulation 

24 and implementation of United States policy relating to the 

25 development activities of the World Bank Group with the 
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1 Secretary of State, the Administrator of the United States 

2 Agency for International Development, and other Federal 

3 agencies, as appropriate. 

4 OVERSEAS COMPARABILITY PAY ADJUSTMENT

5 SEC. 1113. (a) Subject to such regulations prescribed 

6 by the Secretary of State, including with respect to phase7 in schedule and treatment as basic pay, and notwith8 standing any other provision of law, funds appropriated 

9 for this fiscal year in this or any other Act may be used 

10 to pay an eligible member of the Foreign Service as de11 fined in subsection (b) of this section a locality-based com12 parability payment (stated as a percentage) up to the 

13 amount of the locality-based comparability payment (stat14 ed as a percentage) that would be payable to such member 

15 under section 5304 of title 5, United States Code if such 

16 member’s official duty station were in the District of Co17 lumbia. 

18 (b) A member of the Service shall be eligible for a 

19 payment under this section only if the member is des20 ignated class 1 or below for purposes of section 403 of 

21 the Foreign Service Act of 1980 (22 U.S.C. 3963) and 

22 the member’s official duty station is not in the continental 

23 United States or in a non-foreign area, as defined in sec24 tion 591.205 of title 5, Code of Federal Regulations. 
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1 (c) The amount of any locality-based comparability 

2 payment that is paid to a member of the Foreign Service 

3 under this section shall be subject to any limitations on 

4 pay applicable to locality-based comparability payments 

5 under section 5304 of title 5, United States Code. 

6 ASSESSMENT ON AFGHANISTAN AND PAKISTAN

7 SEC. 1114. (a) FINDING.—The Congress supports 

8 economic and security assistance for Afghanistan and 

9 Pakistan, but long-term stability and security in those 

10 countries is tied more to the capacity and conduct of the 

11 Afghan and Pakistani governments and the resolve of both 

12 societies for peace and stability, to include combating ex13 tremist networks, than it is to the policies of the United 

14 States. 

15 (b) REPORT.—The President shall submit a report 

16 to the appropriate congressional committees, not later 

17 than 90 days after the date of enactment of this Act and 

18 every 6 months thereafter until September 30, 2010, in 

19 classified form if necessary, assessing the extent to which 

20 the Afghan and Pakistani governments are demonstrating 

21 the necessary commitment, capability, conduct and unity 

22 of purpose to warrant the continuation of the President’s 

23 policy announced on March 27, 2009, to include: 

24 (1) The level of political consensus and unity of 

25 purpose across ethnic, tribal, religious and political 
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1 party affiliations to confront the political and secu2 rity challenges facing the region; 

3 (2) The level of official corruption that under4 mines such political consensus and unity of purpose, 

5 and actions taken to eliminate it; 

6 (3) The actions taken by the respective security 

7 forces and appropriate government entities in devel8 oping a counterinsurgency capability, conducting 

9 counterinsurgency operations, and establishing secu10 rity and governance on the ground; 

11 (4) The actions taken by the respective intel12 ligence agencies in cooperating with the United 

13 States on counterinsurgency and counterterrorism 

14 operations and in terminating policies and programs, 

15 and removing personnel, that provide material sup16 port to extremist networks that target United States 

17 troops or undermine United States objectives in the 

18 region; 

19 (5) The ability of the Afghan and Pakistani 

20 governments to effectively control and govern the 

21 territory within their respective borders; and 

22 (6) The ways in which United States Govern23 ment assistance contributed, or failed to contribute, 

24 to achieving the goals outlined above. 
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1 (c) POLICY ASSESSMENT.—The President, on the 

2 basis of information gathered and coordinated by the Na3 tional Security Council, shall advise the Congress on how 

4 such assessment requires, or does not require, changes to 

5 such policy. 

6 (d) DEFINITION.—For purposes of this section, ‘‘ap7 propriate congressional committees’’ means the Commit8 tees on Appropriations, Foreign Relations and Armed 

9 Services of the Senate, and the Committees on Appropria10 tions, Foreign Affairs and Armed Services of the House 

11 of Representatives. 

12 ASSISTANCE FOR PAKISTAN

13 SEC. 1115. (a) FINDINGS.— 

14 (1) The United States and the international 

15 community have welcomed and supported Pakistan’s 

16 return to civilian rule since the democratic elections 

17 of February 18, 2008; 

18 (2) Since 2001, the United States has provided 

19 more than $12,000,000,000 in economic and secu20 rity assistance to Pakistan; 

21 (3) Afghanistan and Pakistan are facing grave 

22 threats to their internal security from a growing in23 surgency fueled by al Qaeda, the Taliban and other 

24 violent extremist groups operating in areas along the 

25 Afghanistan-Pakistan border; and 
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1 (4) The United States is committed to sup2 porting vigorous efforts by the Government of Paki3 stan to secure Pakistan’s western border and 

4 counter violent extremism, expand government serv5 ices, support economic development, combat corrup6 tion and uphold the rule of law in such areas. 

7 (b) REPORT.—Not later than 90 days after enact8 ment of this Act, the Secretary of State shall submit a 

9 report, in classified form if necessary, to the Committees 

10 on Appropriations detailing— 

11 (1) a spending plan for the proposed uses of 

12 funds appropriated in this title under the headings 

13 ‘‘Economic Support Fund’’ and ‘‘International Nar14 cotics Control and Law Enforcement’’ that are avail15 able for assistance for Pakistan including amounts, 

16 the purposes for which funds are to be made avail17 able, and intended results; 

18 (2) the actions to be taken by the United States 

19 and the Government of Pakistan relating to such as20 sistance; 

21 (3) the metrics for measuring progress in 

22 achieving such results; and 

23 (4) the mechanisms for monitoring such funds. 
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1 SPECIAL AUTHORITY

2 SEC. 1116. (a) Notwithstanding any other provision 

3 of law, funds appropriated under the headings ‘‘Global 

4 HIV/AIDS Initiative’’ or ‘‘Global Health and Child Sur5 vival’’ in prior Acts making appropriations for the Depart6 ment of State, foreign operations, export financing and re7 lated programs for assistance for Kenya to carry out the 

8 President’s Emergency Plan for AIDS Relief may be 

9 transferred to, and merged with, funds made available 

10 under the heading ‘‘Economic Support Fund’’ to respond 

11 to instability in Kenya arising from conflict or civil strife. 

12 (b) The Secretary of State shall consult with the 

13 Committees on Appropriations prior to exercising the au14 thority of this section. 

15 SPENDING PLAN AND NOTIFICATION PROCEDURES

16 SEC. 1117. (a) SPENDING PLAN.—Not later than 45 

17 days after the enactment of this Act, the Secretary of 

18 State, in consultation with the Administrator of the 

19 United States Agency for International Development, shall 

20 submit to the Committees on Appropriations a report de21 tailing planned expenditures for funds appropriated in this 

22 title, except for funds appropriated under the headings 

23 ‘‘International Disaster Assistance’’ and ‘‘Migration and 

24 Refugee Assistance’’. 
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1 (b) NOTIFICATION.—Funds appropriated in this title, 

2 with the exception of funds appropriated under the head3 ings ‘‘International Disaster Assistance’’ and ‘‘Migration 

4 and Refugee Assistance’’, shall be subject to the regular 

5 notification procedures of the Committees on Appropria6 tions and section 634A of the Foreign Assistance Act of 

7 1961. 

8 TECHNICAL PROVISIONS

9 SEC. 1118. (a) MODIFICATIONS.—The funding limi10 tation in section 7046(a) of Public Law 111–8 shall not 

11 apply to funds made available for assistance for Colombia 

12 through the United States Agency for International Devel13 opment’s Office of Transition Initiatives: Provided, That 

14 title III of division H of Public Law 111–8 is amended 

15 under the heading ‘‘Economic Support Fund’’ in the sec16 ond proviso by striking ‘‘up to $20,000,000’’ and inserting 

17 ‘‘not less than $20,000,000’’. 

18 (b) NOTIFICATION REQUIREMENT.—Funds appro19 priated by this Act that are transferred to the Department 

20 of State or the United States Agency for International De21 velopment shall be subject to the regular notification pro22 cedures of the Committees on Appropriations, notwith23 standing any other provision of law. 

24 (c) AUTHORITY.—Funds appropriated in this title, 

25 and subsequent and prior acts appropriating funds for De-
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1 partment of State, Foreign Operations, and Related Pro2 grams and under the heading ‘‘Public Law 480 Title II 

3 Grants’’ in this, subsequent, and prior Acts appropriating 

4 funds for Agriculture, Rural Development, Food and Drug 

5 Administration, and Related Agencies, shall be made 

6 available notwithstanding the requirements of and amend7 ments made by section 3511 of Public Law 110–417. 

8 (d) REEMPLOYMENT OF ANNUITANTS.— 

9 (1) Section 824 of the Foreign Service Act of 

10 1980 (22 U.S.C. 4064) is amended in subsection 

11 (g)(1)(B) by inserting ‘‘, Pakistan,’’ after ‘‘Iraq’’ 

12 each place it appears; by inserting ‘‘to positions in 

13 the Response Readiness Corps,’’ before ‘‘or to posts 

14 vacated’’; and, in subsection (g)(2) by striking 

15 ‘‘2009’’ and inserting instead ‘‘2012’’. 

16 (2) Section 61 of the State Department Basic 

17 Authorities Act of 1956 (22 U.S.C. 2733) is amend18 ed in subsection (a)(1) by adding ‘‘, Pakistan,’’ after 

19 ‘‘Iraq’’ each place it appears; by inserting ‘‘, to posi20 tions in the Response Readiness Corps,’’ before ‘‘or 

21 to posts vacated’’; and, in subsection (a)(2) by strik22 ing ‘‘2008’’ and inserting instead ‘‘2012’’. 

23 (3) Section 625 of the Foreign Assistance Act 

24 of 1961 (22 U.S.C. 2385) is amended in subsection 

25 (j)(1)(A) by adding ‘‘, Pakistan,’’ after ‘‘Iraq’’ each 
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1 place it appears; by inserting ‘‘, to positions in the 

2 Response Readiness Corps,’’ before ‘‘or to posts va3 cated’’; and, in subsection (J)(1)(B) by striking 

4 ‘‘2008’’ and inserting instead ‘‘2012’’. 

5 (e) INCENTIVES FOR CRITICAL POSTS.—Notwith6 standing sections 5753(a)(2)(A) and 5754(a)(2)(A) of 

7 title 5, United States Code, appropriations made available 

8 by this or any other Act may be used to pay recruitment, 

9 relocation, and retention bonuses under chapter 57 of title 

10 5, United States Code to members of the Foreign Service, 

11 other than chiefs of mission and ambassadors at large, 

12 who are on official duty in Iraq, Afghanistan, or Pakistan. 

13 This authority shall terminate on October 1, 2012. 

14 (f) Of the funds appropriated under the heading 

15 ‘‘Foreign Military Financing Program’’ in Public Law 

16 110–161 that are available for assistance for Colombia, 

17 $500,000 may be transferred to, and merged with, funds 

18 appropriated under the heading ‘‘International Narcotics 

19 Control and Law Enforcement’’ to provide medical and re20 habilitation assistance for members of Colombian security 

21 forces who have suffered severe injuries. 

22 TERMS AND CONDITIONS

23 SEC. 1119. Unless otherwise provided for in this Act, 

24 funds appropriated or otherwise made available in this 

25 title shall be available under the authorities and conditions 
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1 provided in the Department of State, Foreign Operations, 

2 and Related Programs Appropriations Act, 2009 (division 

3 H of Public Law 111–8), except that sections 7042(a) and 

4 (c) and 7070(e)(2) of such Act shall not apply to such 

5 funds. 

6 OVERSEAS DEPLOYMENTS

7 SEC. 1120. Each amount in this title is designated 

8 as being for overseas deployments and other activities pur9 suant to sections 401(c)(4) and 423(a) of S. Con. Res. 

10 13 (111th Congress), the concurrent resolution on the 

11 budget for fiscal year 2010. 

12 TITLE XII 

13 DEPARTMENT OF TRANSPORTATION 

14 OFFICE OF THE SECRETARY

15 PAYMENTS TO AIR CARRIERS

16 (AIRPORT AND AIRWAY TRUST FUND)

17 In addition to funds made available under Public Law 

18 111–8 and funds authorized under subsection 41742(a)(1) 

19 of title 49, United States Code, to carry out the essential 

20 air service program, to be derived from the Airport and 

21 Airway Trust Fund, $13,200,000, to remain available 

22 until expended. 
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1 FEDERAL AVIATION ADMINISTRATION

2 GRANTS-IN-AID FOR AIRPORTS

3 (AIRPORT AND AIRWAY TRUST FUND)

4 (RESCISSION)

5 Of the amounts authorized under sections 48103 and 

6 48112 of title 49, United States Code, $13,200,000 are 

7 permanently rescinded from amounts authorized for the 

8 fiscal year ending September 30, 2008. 

9 GENERAL PROVISIONS—THIS TITLE 

10 SEC. 1201. Section 1937 of Public Law 109–59 (119 

11 Stat. 1144, 1510) is amended— 

12 (1) in paragraph (1) by striking ‘‘expenditures’’ 

13 each place that it appears and inserting ‘‘alloca14 tions’’; and 

15 (2) in paragraph (2) by striking ‘‘expenditure’’ 

16 and inserting ‘‘allocation’’. 

17 SEC. 1202. A recipient and subrecipient of funds ap18 propriated in Public Law 111–5 and apportioned pursuant 

19 to section 5311 and section 5336 (other than subsection 

20 (i)(1) and (j)) of title 49, United States Code, may use 

21 up to 10 percent of the amount apportioned for the oper22 ating costs of equipment and facilities for use in public 

23 transportation: Provided, That a grant obligating such 

24 funds prior to the date of the enactment of this Act may 

25 be amended to allow a recipient and subrecipient to use 
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1 the funds made available for operating assistance: Pro2 vided further, That such funds are designated as an emer3 gency requirement pursuant to section 403 of S. Con. Res. 

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

5 budget for fiscal year 2010. 

6 SEC. 1203. Public Law 110–329, under the heading 

7 ‘‘Project-Based Rental Assistance’’, is amended by strik8 ing ‘‘project-based vouchers’’ and all that follows up to 

9 the period and inserting ‘‘activities and assistance for the 

10 provision of tenant-based rental assistance, including re11 lated administrative expenses, as authorized under the 

12 United States Housing Act of 1937, as amended (42 

13 U.S.C. 1437 et seq.), $80,000,000, to remain available 

14 until expended: Provided, That such funds shall be made 

15 available within 60 days of the enactment of this Act: Pro16 vided further, That in carrying out the activities author17 ized under this heading, the Secretary shall waive section 

18 (o)(13)(B) of the United States Housing Act of 1937 (42 

19 U.S.C. 1437f(o)(13)(B))’’: Provided, That such additional 

20 funds are designated as an emergency requirement pursu21 ant to section 403 of S. Con. Res. 13 (111th Congress), 

22 the concurrent resolution on the budget for fiscal year 

23 2010. 

24 SEC. 1204. Public Law 111–5 is amended by striking 

25 the second proviso under the heading ‘‘HOME Investment 
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1 Partnerships Program’’ and inserting ‘‘Provided further, 

2 That the housing credit agencies in each State shall dis3 tribute these funds competitively under this heading and 

4 pursuant to their qualified allocation plan (as defined in 

5 section 42(m) of the Internal Revenue Code of 1986) to 

6 owners of projects who have received or receive simulta7 neously an award of low-income housing tax credits under 

8 sections 42(h) and 1400N of the Internal Revenue Code 

9 of 1986:’’. 

10 TITLE XIII 

11 OTHER MATTERS 

12 INTERNATIONAL ASSISTANCE PROGRAMS 

13 INTERNATIONAL MONETARY PROGRAMS 

14 UNITED STATES QUOTA, INTERNATIONAL MONETARY

15 FUND

16 For an increase in the United States quota in the 

17 International Monetary Fund, the dollar equivalent of 

18 4,973,100,000 Special Drawing Rights, to remain avail19 able until expended: Provided, That the cost of the 

20 amounts provided herein shall be determined as provided 

21 under the Federal Credit Reform Act of 1990 (2 U.S.C. 

22 661 et. seq.): Provided further, That for purposes of sec23 tion 502(5) of the Federal Credit Reform Act of 1990, 

24 the discount rate in section 502(5)(E) shall be adjusted 

25 for market risks: Provided further, That section 504(b) of 
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1 the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) 

2 shall not apply. 

3 LOANS TO INTERNATIONAL MONETARY FUND

4 For loans to the International Monetary Fund under 

5 section 17(a)(ii) and (b)(ii) of the Bretton Woods Agree6 ments Act (Public Law 87–490, 22 U.S.C. 286e–2), as 

7 amended by this Act pursuant to the New Arrangements 

8 to Borrow, the dollar equivalent of up to 75,000,000,000 

9 Special Drawing Rights, to remain available until ex10 pended, in addition to any amounts previously appro11 priated under section 17 of such Act: Provided, That if 

12 the United States agrees to an expansion of its credit ar13 rangement in an amount less than the dollar equivalent 

14 of 75,000,000,000 Special Drawing Rights, any amount 

15 over the United States’ agreement shall not be available 

16 until further appropriated: Provided further, That the cost 

17 of the amounts provided herein shall be determined as pro18 vided under the Federal Credit Reform Act of 1990 (2 

19 U.S.C. 661 et. seq.): Provided further, That for purposes 

20 of section 502(5) of the Federal Credit Reform Act of 

21 1990, the discount rate in section 502(5)(E) shall be ad22 justed for market risks: Provided further, That section 

23 504(b) of the Federal Credit Reform Act of 1990 (2 

24 U.S.C. 661c(b)) shall not apply. 
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1 GENERAL PROVISIONS—INTERNATIONAL 

2 ASSISTANCE PROGRAMS 

3 SEC. 1301. Section 17 of the Bretton Woods Agree4 ments Act (22 U.S.C. 286e–2) is amended— 

5 (1) in subsection (a)— 

6 (A) by inserting ‘‘(1)’’ before ‘‘In order 

7 to’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) In order to carry out the purposes of a de10 cision of the Executive Directors of the International 

11 Monetary Fund to expand the resources of and 

12 make other amendments to the New Arrangements 

13 to Borrow, which was established pursuant to the 

14 decision of January 27, 1997 referred to in para15 graph (1) above, the Secretary of the Treasury is 

16 authorized to instruct the United States Executive 

17 Director to consent to such amendments, notwith18 standing subsection (d) of this section, and to make 

19 loans, in an amount not to exceed the dollar equiva20 lent of 75,000,000,000 Special Drawing Rights, in 

21 addition to any amounts previously authorized under 

22 this section and limited to such amounts as are pro23 vided in advance in appropriations Acts, except that 

24 prior to activation, the Secretary of the Treasury 

25 shall report to Congress as to whether supple-
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1 mentary resources are needed to forestall or cope 

2 with an impairment of the international monetary 

3 system and whether the Fund has fully explored 

4 other means of funding, to the Fund under article 

5 VII, section 1(i), of the Articles of Agreement of the 

6 Fund. Any loan under the authority granted in this 

7 subsection shall be made with due regard to the 

8 present and prospective balance of payments and re9 serve position of the United States.’’; and 

10 (2) in subsection (b)— 

11 (A) by inserting ‘‘(1)’’ before ‘‘For the 

12 purpose of’’; 

13 (B) by inserting ‘‘subsection (a)(1) of’’ 

14 ‘‘after pursuant to’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(2) For the purpose of making loans to the 

17 International Monetary Fund pursuant to subsection 

18 (a)(2) of this section, there is hereby authorized to 

19 be appropriated not to exceed the dollar equivalent 

20 of 75,000,000,000 Special Drawing Rights, in addi21 tion to any amounts previously authorized under this 

22 section, except that prior to activation, the Secretary 

23 of the Treasury shall report to Congress as to 

24 whether supplementary resources are needed to fore25 stall or cope with an impairment of the international 
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1 monetary system and whether the Fund has fully ex2 plored other means of funding, to remain available 

3 until expended to meet calls by the International 

4 Monetary Fund. Any payments made to the United 

5 States by the International Monetary Fund as a re6 payment on account of the principal of a loan made 

7 under this section shall continue to be available for 

8 loans to the International Monetary Fund.’’. 

9 SEC. 1302. The Bretton Woods Agreements Act (22 

10 U.S.C. 286 et seq.) is amended by adding at the end the 

11 following: 

12 ‘‘SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTI13 CLES OF AGREEMENT OF THE FUND. 

14 ‘‘The United States Governor of the Fund may agree 

15 to and accept the amendments to the Articles of Agree16 ment of the Fund as proposed in the resolutions numbered 

17 63–2 and 63–3 of the Board of Governors of the Fund 

18 which were approved by such Board on April 28, 2008 

19 and May 5, 2008, respectively. 

20 ‘‘SEC. 65. QUOTA INCREASE. 

21 ‘‘(a) IN GENERAL.—The United States Governor of 

22 the Fund may consent to an increase in the quota of the 

23 United States in the Fund equivalent to 4,973,100,000 

24 Special Drawing Rights. 
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1 ‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority 

2 provided by subsection (a) shall be effective only to such 

3 extent or in such amounts as are provided in advance in 

4 appropriations Acts. 

5 ‘‘SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE 

6 FUND’S GOLD. 

7 ‘‘The Secretary of the Treasury is authorized to in8 struct the United States Executive Director of the Fund 

9 to vote to approve the sale of up to 12,965,649 ounces 

10 of the Fund’s gold acquired since the second Amendment 

11 of the Fund’s Articles of Agreement in April 1978, only 

12 if such sales are consistent with the guidelines agreed to 

13 by the Executive Board of the Fund described in the Re14 port of the Managing Director to the International Mone15 tary and Financial Committee on a New Income and Ex16 penditure Framework for the International Monetary 

17 Fund (April 9, 2008) to prevent disruption to the world 

18 gold market. In addition to agreeing to and accepting the 

19 amendments referred to in section 64 of this act relating 

20 to the use of proceeds from the sale of such gold, the U.S. 

21 Governor is authorized to take such actions as may be nec22 essary, including those referred to in section 5(e) of this 

23 act, to also use such proceeds for the purpose of assisting 

24 low-income countries, only after the Secretary of the 

25 Treasury has consulted with the chairman and ranking 
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1 minority member of the Committee on Foreign Relations 

2 and the Committee on Banking, Housing, and Urban Af3 fairs of the Senate and the Committee on Financial Serv4 ices of the House of Representatives, and the appropriate 

5 subcommittees thereof, at least 60 days prior to any au6 thorization by the United States Executive Director of dis7 tribution of gold sale proceeds. 

8 ‘‘SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES 

9 OF AGREEMENT OF THE FUND. 

10 ‘‘The United States Governor of the Fund may agree 

11 to and accept the amendment to the Articles of Agreement 

12 of the Fund as proposed in the resolution numbered 54– 

13 4 of the Board of Governors of the Fund which was ap14 proved by such Board on October 22, 1997.’’. 

15 SEC. 1303. (a) Not later than 30 days after enact16 ment of this Act, the Secretary of the Treasury, in con17 sultation with the Executive Director of the World Bank 

18 and the Executive Board of the International Monetary 

19 Fund (IMF), shall submit a report to the appropriate con20 gressional committees detailing the steps taken to coordi21 nate the activities of the World Bank and the IMF to 

22 avoid duplication of missions and programs, and steps 

23 taken by the Department of the Treasury and the IMF 

24 to increase the oversight and accountability of IMF activi25 ties. 
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1 (b) For the purposes of this section, the ‘‘appropriate 

2 congressional committees’’ means the Committees on Ap3 propriations, Banking, Housing, and Urban Affairs, and 

4 Foreign Relations of the Senate, and the Committees on 

5 Appropriations, Foreign Affairs, and Ways and Means of 

6 the House of Representatives. 

7 (c) In the next report to Congress on international 

8 economic and exchange rate policies, the Secretary of the 

9 Treasury shall: (1) report on ways in which the IMF’s sur10 veillance function under Article IV could be enhanced and 

11 made more effective in terms of avoiding currency manipu12 lation; (2) report on the feasibility and usefulness of pub13 lishing the IMF’s internal calculations of indicative ex14 change rates; and (3) provide recommendations on the 

15 steps that the IMF can take to promote global financial 

16 stability and conduct effective multilateral surveillance. 

17 SEC. 1304. Each amount in this title is designated 

18 as being for overseas deployments and other activities pur19 suant to sections 401(c)(4) and 423(a) of S. Con. Res. 

20 13 (111th Congress), the concurrent resolution on the 

21 budget for fiscal year 2010. 
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1 GENERAL PROVISION—THIS ACT 

2 AVAILABILITY OF FUNDS

3 SEC. 1305. No part of any appropriation contained 

4 in this Act shall remain available for obligation beyond 

5 the current fiscal year unless expressly so provided herein. 

6 This Act may be cited as the ‘‘Supplemental Appro7 priations Act, 2009’’. 

Calendar No. 62 

111TH CONGRESS 

1ST SESSION S. 1054 

[Report No. 111–20] 

A BILL 

Making supplemental appropriations for the fiscal 

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

MAY 14, 2009 

Read twice and placed on the calendar