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(2) have seen a contraction in predicted growth 
rates of 2 percent or more since 2007; and 
(3) demonstrate consistent improvement on the 
democracy and governance indicators as measured 
by the Millennium Challenge Corporation 2009 
Country Scorebook. 
(b) TRANSFER AUTHORITIES.—Of the funds made 
available in this chapter under the heading ‘‘Economic 
Support Fund’’ for developing countries impacted by the 
global financial crisis— 
(1) up to $29,000,000 may be transferred and 
merged with ‘‘Development Credit Authority’’, for 
the cost of direct loans and loan guarantees notwith-
standing the dollar limitations in such account on 
transfers to the account and the principal amount of 
loans made or guaranteed with respect to any single 
country or borrower: Provided, That such trans-
ferred funds may be available to subsidize total loan 
principal, any portion of which is to be guaranteed, 
of up to $2,000,000,000: Provided further, That the 
authority provided by the previous proviso is in addi-
tion to authority provided under the heading ‘‘Devel-
opment Credit Authority’’ in the Department of 
State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 
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111–8): Provided further, That up to $1,500,000 
may be for administrative expenses to carry out 
credit programs administered by the United States 
Agency for International Development; and 
(2) up to $20,000,000 may be transferred and 
merged with ‘‘Overseas Private Investment Corpora-
tion Program Account’’: Provided, That the author-
ity provided in this paragraph is in addition to au-
thority provided in section 7081 in the Department 
of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 
111–8). 
(c) REPORT.—The Secretary of State, in consultation 
with the Administrator of the United States Agency for 
International Development, shall submit a spending plan 
not later than 45 days after the date of enactment of this 
Act to the Committees on Appropriations of the House 
of Representatives and Senate, and prior to the initial obli-
gation of funds appropriated for countries impacted by the 
global economic crisis, detailing the use of all funds on 
a country-by-country, and project-by-project basis: Pro-
vided, For each project, the report shall include (1) the 
projected economic impact of providing such funds; (2) the 
name of the entity or implementing organization to which 
funds are being provided; and (3) if funds will be provided 
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as a direct cash transfer to a local or national government 
entity: Provided further, That funds transferred to the De-
velopment Credit Authority and the Overseas Private In-
vestment Corporation are subject to the reporting require-
ments in section 21003. 
EVALUATING AFGHAN AND PAKISTANI CONDUCT AND 
COMMITMENT 
SEC. 21008. (a) FINDINGS REGARDING PROGRESS IN 
AFGHANISTAN AND PAKISTAN.—Congress makes the fol-
lowing findings: 
(1) Over 40,000 American military personnel 
are currently serving in Afghanistan, with the brav-
ery and professionalism consistent with the finest 
traditions of the United States Armed Forces, and 
are deserving of the strong support of all Americans. 
(2) Many American service personnel have lost 
their lives, and many more have been wounded in 
Afghanistan. The American people will always honor 
their sacrifice and honor their families. 
(3) Afghanistan and Pakistan are experiencing 
a deterioration of their internal security resulting 
from a growing insurgency fueled by Al Qaeda, the 
Taliban and other extremist networks that continue 
to operate along the western border of Pakistan, in-
cluding in the Federally Administered Tribal Areas 
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(FATA), as well as in areas under central govern-
ment authority such as Quetta in Baluchistan and 
Muridke in Punjab. 
(4) The United States and the international 
community have welcomed and supported Pakistan’s 
return to civilian rule after almost nine years with 
the free and fair elections of February 18, 2008, 
and have supported the development of a democratic 
government in Afghanistan. 
(5) Since 2001, the United States has contrib-
uted more than $33,000,000,000 to Afghanistan and 
$12,000,000,000 to Pakistan to strengthen each 
country’s governance, economy, education system, 
healthcare services, and military. 
(6) The governments of Afghanistan and Paki-
stan must expand the writ of the national govern-
ment across all provinces to secure their borders, 
protect their population, enforce the rule of law, and 
tackle the pervasive problem of corruption in order 
to bring security and stability to their people. 
(b) REPORT.—Because the stability and security of 
the region is tied more to the capacity and conduct of the 
Afghan and Pakistani governments and to the resolve of 
both societies than it is to the policies of the United 
States, the President shall submit a report to the Con-
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gress, not later than the date of submission of the fiscal 
year 2011 budget request, assessing whether the Govern-
ments of Afghanistan and Pakistan are, or are not, dem-
onstrating the necessary commitment, capability, conduct 
and unity of purpose to warrant the continuation of the 
President’s policy announced on March 27, 2009. The 
President, on the basis of information gathered and co-
ordinated by the National Security Council, shall advise 
the Congress on how that assessment requires, or does not 
require, changes to that policy. The measures used to 
evaluate the Afghan and Pakistani governments’ record 
of concrete performance shall include the following stand-
ards of performance: 
(1) Level of political consensus and unity of 
purpose across ethnic, tribal, religious and party af-
filiations to confront the political and security chal-
lenges facing the region. 
(2) Level of government corruption and actions 
taken to eliminate it. 
(3) Performance of the respective security 
forces in developing a counterinsurgency capability, 
conducting counterinsurgency operations and estab-
lishing population security. 
(4) Performance of the respective intelligence 
agencies in cooperating with the United States on 
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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 
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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 
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(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. 
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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 
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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, 
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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 
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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: 
LORRAINE C. MILLER, 
Clerk. 
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Calendar No. 63 
111TH CONGRESS 
1ST SESSION 
H. R. 2346 
AN ACT 
Making supplemental appropriations for the fiscal 
year ending September 30, 2009, and for other 
purposes. 
MAY 14, 2009 
Received; read twice and placed on the calendar 
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