counterinsurgency and counterterrorism operations 
and in purging themselves of policies, programs and 
personnel that provide material support to extremist 
networks that target United States troops or under-
mine United States objectives in the region. 
(5) Ability of the Afghan and Pakistani govern-
ments to effectively control the territory within their 
respective borders. 
PROHIBITION ON ASSISTANCE TO HAMAS 
SEC. 21009. (a) None of the funds made available 
in this chapter may be made available for assistance to 
Hamas, or any entity effectively controlled by Hamas or 
any power-sharing government of which Hamas is a mem-
ber. 
(b) Notwithstanding the limitation of subsection (a), 
assistance may be provided to a power-sharing government 
if the President certifies in writing and reports to the 
Committees on Appropriations of the House of Represent-
atives and the Senate that such government, including all 
of its ministers or such equivalent, has publicly accepted 
and is complying with the principles contained in subpara-
graphs (A) and (B) of section 620K(b)(1) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2378b(b)(1)). 
(c) The President may exercise the authority in sec-
tion 620K(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2378b(e)) with respect to the limitations of this 
section. 
(d) REPORT.—Whenever the certification pursuant to 
subsection (b) is exercised, the Secretary of State shall 
submit a report to the Committees on Appropriations of 
the House of Representatives and the Senate within 120 
days of the certification and every quarter thereafter on 
whether such government, including all of its ministers or 
such equivalent are continuing to publically accept and 
comply with the principles contained in section 620K(b)(l) 
(A) and (B) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2378b(b)(l)). The report shall also detail the 
amount, purposes and delivery mechanisms for any assist-
ance provided pursuant to the abovementioned certifi-
cation and a full accounting of any direct support of such 
government. 
TERMS AND CONDITIONS 
SEC. 21010. Unless otherwise provided for in this 
Act, funds appropriated or otherwise made available in 
this chapter shall be available under the authorities and 
conditions provided in the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 
2009 (division H of Public Law 111–8), except that sec-
tions 7070(e), with respect to funds made available for 
macroeconomic growth assistance for Zimbabwe, and 7042
(a) and (c) of such Act shall not apply to funds made 
available in this chapter. 
TITLE III—GENERAL PROVISIONS, THIS ACT 
SEC. 30001. (a) Not later than October 1, 2009, the 
President shall submit to the Congress, in writing, a com-
prehensive plan regarding the proposed disposition of the 
detention center at Naval Station, Guantanamo Bay, 
Cuba, to include— 
(1) a proposed disposition of individuals de-
tained as of April 30, 2009; 
(2) a determination that such disposition does 
not pose a risk that cannot be mitigated if such indi-
vidual is prosecuted, transferred or released, includ-
ing a plan for such mitigation; and 
(3) a detailed analysis of the total estimated di-
rect costs of closing the detention facility at Naval 
Station, Guantanamo Bay, Cuba, and any related 
costs, including the estimated costs of detention, 
prosecution, security, and incarceration in the 
United States of the individuals detained at such fa-
cility. 
(b) The plan required under subsection (a) shall be 
submitted in unclassified form, but shall include a classi-
fied annex, if necessary.
AVAILABILITY OF FUNDS 
SEC. 30002. No part of any appropriation contained 
in this Act shall remain available for obligation beyond 
the current fiscal year unless expressly so provided herein. 
OVERSEAS DEPLOYMENTS AND EMERGENCY 
DESIGNATIONS 
SEC. 30003. (a) OVERSEAS DEPLOYMENTS DESIGNA-
TIONS.—Except as provided in subsection (b), each 
amount in this Act is designated as being for overseas de-
ployments and other activities pursuant to paragraphs (1) 
and (2) of section 423(a) of S. Con. Res. 13 (111th Con-
gress), the concurrent resolution on the budget for fiscal 
year 2010. 
(b) EMERGENCY DESIGNATIONS.—Each amount in 
chapters 6, 7, and 8 of title II is designated as necessary 
to meet emergency needs pursuant to section 423(b) of 
S. Con. Res. 13 (111th Congress), the concurrent resolu-
tion on the budget for fiscal year 2010. 
RESTRICTIONS
AND
REQUIREMENTS
REGARDING
THE 
TRANSFER AND RELEASE OF GUANTANAMO BAY DE-
TAINEES 
SEC. 30004. (a) None of the funds made available 
in this or any prior Act may be used to release an indi-
vidual who is detained, as of April, 30, 2009, at Naval 
Station, Guantanamo Bay, Cuba, into the continental
United States, Alaska, Hawaii, or the District of Colum-
bia. 
(b) None of the funds made available in this or any 
prior Act may be used to transfer an individual who is 
detained, as of April, 30, 2009, at Naval Station, Guanta-
namo Bay, Cuba, into the continental United States, Alas-
ka, Hawaii, or the District of Columbia, for the purposes 
of detaining or prosecuting such individual until 2 months 
after the plan detailed in subsection (c) is received. 
(c) The President shall submit to the Congress, in 
writing, a comprehensive plan regarding the proposed dis-
position of each individual who is detained, as of April, 
30, 2009, at Naval Station, Guantanamo Bay, Cuba, who 
is not covered under subsection (d). Such plan shall in-
clude, at a minimum, each of the following for each such 
individual: 
(1) The findings of an analysis regarding any 
risk to the national security of the United States 
that is posed by the transfer of the individual. 
(2) The costs associated with not transferring 
the individual in question. 
(3) The legal rationale and associated court de-
mands for transfer. 
(4) A certification by the President that any 
risk described in paragraph (1) has been mitigated,
together with a full description of the plan for such 
mitigation. 
(5) A certification by the President that the 
President has submitted to the Governor and legisla-
ture of the State to which the President intends to 
transfer the individual a certification in writing at 
least 30 days prior to such transfer (together with 
supporting documentation and justification) that the 
individual does not pose a security risk to the United 
States. 
(d) None of the funds made available in this or any 
prior Act may be used to transfer or release an individual 
detained at Naval Station, Guantanamo Bay, Cuba, as of 
April 30, 2009, to the country of such individual’s nation-
ality or last habitual residence or to any other country 
other than the United States, unless the President submits 
to the Congress, in writing, at least 30 days prior to such 
transfer or release, the following information: 
(1) The name of any individual to be trans-
ferred or released and the country to which such in-
dividual is to be transferred or released. 
(2) An assessment of any risk to the national 
security of the United States or its citizens, includ-
ing members of the Armed Services of the United
States, that is posed by such transfer or release and 
the actions taken to mitigate such risk. 
(3) The terms of any agreement with another 
country for acceptance of such individual, including 
the amount of any financial assistance related to 
such agreement. 
SHORT TITLE 
SEC. 30005. This Act may be cited as the ‘‘Supple-
mental Appropriations Act, 2009’’. 
Passed the House of Representatives May 14, 2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 2346 
AN ACT 
Making supplemental appropriations for the fiscal 
year ending September 30, 2009, and for other 
purposes.