[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2346 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
May 21, 2009.
Resolved, That the bill from the House of Representatives (H.R.
2346) entitled ``An Act making supplemental appropriations for the
fiscal year ending September 30, 2009, and for other purposes.'', do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert the
following:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2009, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
public law 480 title ii grants
For an additional amount for ``Public Law 480 Title II Grants'',
$700,000,000, to remain available until expended: Provided, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to sections 401(c)(4) and
423(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
GENERAL PROVISION--THIS TITLE
Sec. 101. Notwithstanding any other provision of law, any amounts
made available prior to the date of enactment of this Act to provide
assistance under the emergency conservation program established under
title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and
2202) that are unobligated as of the date of enactment of this Act
shall be available to carry out any purpose under that program without
fiscal year limitation: Provided, That the amount under this heading is
designated as an emergency requirement and necessary to meet emergency
needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
(including rescission of funds)
Sec. 102. (a)(1) For an additional amount for gross obligations for
the principal amount of direct farm ownership (7 U.S.C. 1922 et seq.)
and operating (7 U.S.C. 1941 et seq.) loans, to be available from funds
in the Agricultural Credit Insurance Fund, as follows: direct farm
ownership loans, $360,000,000; and direct operating loans,
$225,000,000.
(2) For an additional amount for the cost of direct loans,
including the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: direct farm ownership
loans, $22,860,000; and direct operating loans, $26,530,000.
(b) Of available unobligated discretionary balances from the Rural
Development mission area carried forward from fiscal year 2008,
$49,390,000 are hereby rescinded: Provided, That none of the amounts
may be rescinded other than those from amounts that were designated by
the Congress as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
(c) That the amount under this section is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development Assistance
Programs'', $40,000,000, to remain available until September 30, 2010:
Provided, That the amount provided under this heading shall be for the
Trade Adjustment Assistance for Communities program as authorized by
section 1872 of Public Law 111-5: Provided further, That the amount
provided under this heading is designated as an emergency requirement
and necessary to meet emergency needs pursuant to sections 403(a) and
423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$30,000,000, to remain available until September 30, 2010: Provided,
That funds provided in the previous proviso shall only be for carrying
out Department of Justice responsibilities required by Executive Orders
13491, 13492, and 13493: Provided further, That the Attorney General
shall submit to the Committees on Appropriations of the House and the
Senate a detailed plan for expenditure of such funds no later than 30
days after enactment of this Act.
Detention Trustee
For an additional amount for ``Detention trustee'', $60,000,000, to
remain available until September 30, 2010.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and expenses, general legal
activities'', $1,648,000, to remain available until September 30, 2010.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and expenses, United States
attorneys'', $5,000,000, to remain available until September 30, 2010.
For an additional amount for ``Salaries and expenses, United States
attorneys'', $10,000,000, to remain available until September 30, 2010:
Provided, That the amount provided in this paragraph is designated as
an emergency requirement and necessary to meet emergency needs pursuant
to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
United States Marshals Services
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$10,000,000, to remain available until September 30, 2010.
National Security Division
salaries and expenses
For an additional amount for ``Salaries and expenses,'' $1,389,000,
to remain available until September 30, 2010.
Federal Bureau of Investigations
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$35,000,000, to remain available until September 30, 2010: Provided,
That the amount provided under this heading is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
Drug Enforcement Administration
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$20,000,000, to remain available until September 30, 2010.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Salaries and expenses'',
$14,000,000, to remain available until September 30, 2010.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and expenses'', $5,038,000,
to remain available until September 30, 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 201. Unless otherwise specified, each amount in this title is
designated as being for overseas deployment and other activities
pursuant to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
Sec. 202. (a)(1) None of the funds appropriated or otherwise made
available by this Act or any prior Act may be used to transfer,
release, or incarcerate any individual who was detained as of May 19,
2009, at Naval Station, Guantanamo Bay, Cuba, to or within the United
States.
(2) In this subsection, the term ``United States'' means the
several States and the District of Columbia.
(b) The amount appropriated or otherwise made available by title II
for the Department of Justice for general administration under the
heading ``salaries and expenses'' is hereby reduced by $30,000,000.
(c) The amount appropriated or otherwise made available by title
III under the heading ``Operation and Maintenance, Defense-Wide'' under
paragraph (3) is hereby reduced by $50,000,000.
TITLE III
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,455,777,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,565,227,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,464,353,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,469,173,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$387,155,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$39,478,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$29,179,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$14,943,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$1,542,333,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $46,860,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$13,933,801,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$2,337,360,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,037,842,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $5,992,125,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $5,065,783,000, of which:
(1) not to exceed $12,500,000 for the Combatant Commander
Initiative Fund, to be used in support of Operation Iraqi
Freedom and Operation Enduring Freedom;
(2) not to exceed $1,050,000,000, to remain available until
expended, for payments to reimburse key cooperating nations,
for logistical, military, and other support including access
provided to United States military operations in support of
Operation Iraqi Freedom and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided, That such
reimbursement payments may be made in such amounts as the
Secretary of Defense, with the concurrence of the Secretary of
State, and in consultation with the Director of the Office of
Management and Budget, may determine, in his discretion, based
on documentation determined by the Secretary of Defense to
adequately account for the support provided and such
determination is final and conclusive upon the accounting
officers of the United States, and 15 days following
notification to the appropriate congressional committees:
Provided further, That these funds may be used for the purpose
of providing specialized training and procuring supplies and
specialized equipment and providing such supplies and loaning
such equipment on a non-reimbursable basis to coalition forces
supporting United States military operations in Iraq and
Afghanistan: Provided further, That the Secretary of Defense
shall provide quarterly reports to the congressional defense
committees on the use of funds provided in this paragraph; and
(3) up to $50,000,000 shall be available, 30 days after the
Secretary of Defense submits an expenditure plan to the
congressional defense committees detailing the specific planned
use of these funds, only to support the relocation and
disposition of individuals detained at the Guantanamo Bay Naval
Base to locations outside of the United States, relocate
military and support forces associated with detainee
operations, and facilitate the closure of detainee facilities:
Provided, That the Secretary of Defense shall certify in
writing to the congressional defense committees, prior to
transferring prisoners to foreign nations, that he has been
assured by the receiving nation that the individual or
individuals to be transferred will be retained in that nation's
custody as long as they remain a threat to the national
security interest of the United States: Provided further, That
the funds in this paragraph available to provide assistance to
foreign nations to facilitate the relocation and disposition of
individuals detained at the Guantanamo Bay Naval Base are in
addition to any other authority to provide assistance to
foreign nations: Provided further, That these funds are
available for transfer to any other appropriations accounts of
the Department of Defense or, with the concurrence of the head
of the relevant Federal department or agency, to any other
Federal appropriations accounts to accomplish the purposes
provided herein: Provided further, That this transfer authority
is in addition to any other transfer authority available to the
Department of Defense.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $110,017,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $25,569,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $30,775,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $34,599,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $203,399,000.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $3,606,939,000, to
remain available until September 30, 2010: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security forces of Afghanistan, including the
provision of equipment, supplies, services, training, facility and
infrastructure repair, renovation, and construction, and funding:
Provided further, That the authority to provide assistance under this
heading is in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds for the
purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund and used for
such purposes: Provided further, That the Secretary shall notify the
congressional defense committees in writing upon the receipt and upon
the transfer of any contribution, delineating the sources and amounts
of the funds received and the specific use of such contributions:
Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to making transfers from this appropriation account,
notify the congressional defense committees in writing of the details
of any such transfer.
Iraq Security Forces Fund
For an additional amount for the ``Iraq Security Forces Fund'',
$1,000,000,000, to remain available until September 30, 2011: Provided,
That, not later than July 31, 2010, any remaining unobligated funds in
this account shall be transferred to the Department of State to be
available for the same purposes as provided herein.
Pakistan Counterinsurgency Capability Fund
(including transfer of funds)
There is hereby established in the Treasury of the United States
the ``Pakistan Counterinsurgency Capability Fund''. For the ``Pakistan
Counterinsurgency Capability Fund'', $400,000,000, to remain available
until September 30, 2010: Provided, That such funds shall be available
to the Secretary of Defense, with the concurrence of the Secretary of
State, notwithstanding any other provision of law, for the purpose of
allowing the Commander, United States Central Command, or the
Secretary's designee, to provide assistance to Pakistan's security
forces; including program management and the provision of equipment,
supplies, services, training, and funds; and facility and
infrastructure repair, renovation, and construction to build the
counterinsurgency capability of Pakistan's military and Frontier Corps,
and of which up to $2,000,000 shall be available to assist the
Government of Pakistan in creating a program to respond to urgent
humanitarian relief and reconstruction requirements that will
immediately assist Pakistani people affected by military operations:
Provided further, That the authority to provide assistance under this
provision is in addition to any other authority to provide assistance
to foreign nations: Provided further, That the Secretary of Defense may
transfer such amounts as he may determine from the funds provided
herein to appropriations for operation and maintenance; Overseas
Humanitarian, Disaster, and Civic Aid; procurement; research,
development, test and evaluation; and defense working capital funds:
Provided further, That funds so transferred shall be merged with and be
available for the same purposes and for the same time period as the
appropriation or fund to which transferred: Provided further, That the
Secretary of Defense shall, not fewer than 15 days prior to making
transfers from this appropriation account, notify the congressional
defense committees in writing of the details of any such transfer.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$315,684,000, to remain available until September 30, 2011.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$737,041,000, to remain available until September 30, 2011.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $1,434,071,000, to remain available until
September 30, 2011.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$230,075,000, to remain available until September 30, 2011.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$7,029,145,000, to remain available until September 30, 2011.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$754,299,000, to remain available until September 30, 2011.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$31,403,000, to remain available until September 30, 2011.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $348,919,000, to remain available until September 30,
2011.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$207,181,000, to remain available until September 30, 2011.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,658,347,000, to remain available until September 30, 2011.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$2,064,118,000, to remain available for obligation until September 30,
2011.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$49,716,000, to remain available until September 30, 2011.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $138,284,000, to remain available until September 30, 2011.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$1,910,343,000, to remain available until September 30, 2011.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$237,868,000, to remain available until September 30, 2011.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $500,000,000, to remain available until September 30,
2011.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the ``Mine Resistant Ambush Protected Vehicle Fund'',
$4,243,000,000, to remain available until September 30, 2010: Provided,
That such funds shall be available to the Secretary of Defense,
notwithstanding any other provision of law, to procure, sustain,
transport, and field Mine Resistant Ambush Protected vehicles: Provided
further, That the Secretary shall transfer such funds only to
appropriations for operation and maintenance; procurement; research,
development, test and evaluation; and defense working capital funds to
accomplish the purpose provided herein: Provided further, That this
transfer authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That the
Secretary shall, not fewer than 15 days prior to making transfers from
this appropriation, notify the congressional defense committees in
writing of the details of any such transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $71,935,000, to remain available until September
30, 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount of ``Research, Development, Test and
Evaluation, Navy'', $141,681,000, to remain available until September
30, 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount of ``Research, Development, Test and
Evaluation, Air Force'', $174,159,000, to remain available until
September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount of ``Research, Development, Test and
Evaluation, Defense-Wide'', $498,168,000, to remain available until
September 30, 2010.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$861,726,000, to remain available until expended.
Defense Health Program
For an additional amount for ``Defense Health Program'',
$909,297,000, of which $845,508,000 for operation and maintenance; of
which $30,185,000, to remain available until September 30, 2011, for
procurement; and of which $33,604,000, to remain available until
September 30, 2010, for research, development, test and evaluation.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $123,398,000, to remain available until
September 30, 2010: Provided, That these funds may be used only for
such activities related to Afghanistan, Pakistan, and Central Asia.
Joint Improvised Explosive Device Defeat Fund
For an additional amount for ``Joint Improvised Explosive Device
Defeat Fund'', $1,116,746,000, to remain available until September 30,
2011.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$9,551,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 301. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2009.
(including transfer of funds)
Sec. 302. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may
transfer between appropriations up to $2,500,000,000 of the funds made
available to the Department of Defense in this title: Provided, That
the Secretary shall notify the Congress promptly of each transfer made
pursuant to this authority: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of the
Department of Defense Appropriations Act, 2009, (Public Law 110-116)
except for the fourth proviso.
Sec. 303. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed
to be specifically authorized by the Congress for purposes of section
504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
Sec. 304. During fiscal year 2009 and from funds in the ``Defense
Cooperation Account'', as established by 10 U.S.C. 2608, the Secretary
of Defense may transfer not to exceed $6,500,000 to such appropriations
or funds of the Department of Defense as the Secretary shall determine
for use consistent with the purposes for which such funds were
contributed and accepted: Provided, That such amounts shall be
available for the same time period as the appropriation to which
transferred: Provided further, That the Secretary shall report to the
Congress all transfers made pursuant to this authority.
Sec. 305. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance or ``Afghanistan Security Forces Fund'' provided in
this title, and executed in direct support of the overseas contingency
operations in Iraq and Afghanistan, may be obligated at the time a
construction contract is awarded: Provided, That for the purpose of
this section, supervision and administration costs include all in-house
Government costs.
Sec. 306. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That upon determination by the Secretary of Defense that such action is
necessary to meet the operational requirements of a Commander of a
Combatant Command engaged in contingency operations overseas, such
funds may be used to purchase items having an investment item unit cost
of not more than $500,000: Provided further, That the Secretary shall
report to the Congress all purchases made pursuant to this authority
within 30 days of using the authority.
Sec. 307. From funds made available in this title, the Secretary
of Defense may purchase motor vehicles for use by military and civilian
employees of the Department of Defense in Iraq and Afghanistan, up to a
limit of $75,000 per vehicle, notwithstanding other limitations
applicable to passenger carrying motor vehicles.
Sec. 308. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That none of the amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to a
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended:
``Procurement, Marine Corps, 2007/2009'', $54,400,000;
``Other Procurement, Army, 2008/2010'', $29,300,000;
``Procurement, Marine Corps, 2008/2010'', $10,300,000;
``Research, Development, Test and Evaluation, Navy, 2008/
2009'', $5,000,000;
``Research, Development, Test and Evaluation, Air Force,
2008/2009'', $36,107,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2008/2009'', $200,000,000;
``Operation and Maintenance, Army, 2009/2009'',
$352,359,000;
``Operation and Maintenance, Navy, 2009/2009'',
$881,481,000;
``Operation and Maintenance, Marine Corps, 2009/2009'',
$54,466,000;
``Operation and Maintenance, Air Force, 2009/2009'',
$925,203,000;
``Operation and Maintenance, Defense-Wide, 2009/2009'',
$267,635,000;
``Operation and Maintenance, Army Reserve, 2009/2009'',
$23,338,000;
``Operation and Maintenance, Navy Reserve, 2009/2009'',
$62,910,000;
``Operation and Maintenance, Marine Corps Reserve, 2009/
2009'', $1,250,000;
``Operation and Maintenance, Air Force Reserve, 2009/
2009'', $163,786,000;
``Operation and Maintenance, Army National Guard, 2009/
2009'', $57,819,000;
``Operation and Maintenance, Air National Guard, 2009/
2009'', $250,645,000;
``Aircraft Procurement, Army, 2009/2011'', $11,500,000;
``Procurement of Ammunition, Army, 2009/2011'',
$107,100,000;
``Other Procurement, Army, 2009/2011'', $195,000,000;
``Procurement, Marine Corps, 2009/2011'', $10,300,000;
``Procurement, Defense-Wide, 2009/2011'', $6,400,000;
``Research, Development, Test and Evaluation, Army, 2009/
2010'', $202,710,000;
``Research, Development, Test and Evaluation, Navy, 2009/
2010'', $270,260,000; and
``Research, Development, Test and Evaluation, Air Force,
2009/2010'', $392,567,000.
Sec. 309. None of the funds appropriated or otherwise made
available by this title may be obligated or expended to provide award
fees to any defense contractor contrary to the provisions of section
814 of the National Defense Authorization Act, Fiscal Year 2007 (Public
Law 109-364).
Sec. 310. None of the funds provided in this title may be used to
finance programs or activities denied by Congress in fiscal years 2008
or 2009 appropriations to the Department of Defense or to initiate a
procurement or research, development, test and evaluation new start
program without prior written notification to the congressional defense
committees.
Sec. 311. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by
the United States Government for the purpose of establishing any
military installation or base for the purpose of providing for the
permanent stationing of United States Armed Forces in Afghanistan.
Sec. 312. (a) Repeal of Secretary of Defense Reports on Transition
Readiness of Iraq and Afghan Security Forces.--Subsection (a) of
section 9205 of Public Law 110-252 (122 Stat. 2412) is repealed.
(b) Modification of Reports on Use of Certain Security Forces
Funds.--
(1) Preparation in consultation with commander of
centcom.--Subsection (b)(1) of such section is amended by
inserting ``the Commander of the United States Central
Command;'' after ``the Secretary of Defense;''.
(2) Period of reports.--Such subsection is further amended
by striking ``not later than 120 days after the date of the
enactment of this Act and every 90 days thereafter'' and
inserting ``not later than 45 days after the end of each fiscal
year quarter''.
(3) Funds covered by reports.--Such subsection is further
amended by striking ``and `Afghanistan Security Forces Fund'''
and inserting ``, `Afghanistan Security Forces Fund', and
`Pakistan Counterinsurgency Capability Fund'''.
(c) Notice New Projects and Transfers of Funds.--Subsection (c) of
such section is amended by striking ``the headings'' and all that
follows and inserting ``the headings as follows:
``(1) `Iraq Security Forces Fund'.
``(2) `Afghanistan Security Forces Fund'.
``(3) `Pakistan Counterinsurgency Capability Fund'.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Sec. 313. (a) Section 1174(h)(1) of title 10, United States Code,
is amended to read as follows:
``(1) A member who has received separation pay under this
section, or separation pay, severance pay, or readjustment pay
under any other provision of law, based on service in the armed
forces, and who later qualifies for retired or retainer pay
under this title or title 14 shall have deducted from each
payment of such retired or retainer pay an amount, in such
schedule of monthly installments as the Secretary of Defense
shall specify, taking into account the financial ability of the
member to pay and avoiding the imposition of undue financial
hardship on the member and member's dependents, until the total
amount deducted is equal to the total amount of separation pay,
severance pay, and readjustment pay so paid.''.
(b) Section 1175(e)(3)(A) of title 10, United States Code, is
amended to read as follows:
``(3)(A) A member who has received the voluntary separation
incentive and who later qualifies for retired or retainer pay
under this title shall have deducted from each payment of such
retired or retainer pay an amount, in such schedule of monthly
installments as the Secretary of Defense shall specify, taking
into account the financial ability of the member to pay and
avoiding the imposition of undue financial hardship on the
member and member's dependents, until the total amount deducted
is equal to the total amount of separation pay, severance pay,
and readjustment pay so paid. If the member elected to have a
reduction in voluntary separation incentive for any period
pursuant to paragraph (2), the deduction required under the
preceding sentence shall be reduced as the Secretary of Defense
shall specify.''.
(c) Effective Date.--The amendments made by this section shall
apply to any repayments of separation pay, severance pay, readjustment
pay, special separation benefit, or voluntary separation incentive,
that occur on or after the date of enactment, including any ongoing
repayment actions that were initiated prior to this amendment.
Sec. 314. (a) In General.--Unless otherwise designated, each amount
in this title is designated as being for overseas deployments and other
activities pursuant to sections 401(c)(4) and 423(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
(b) Exception.--Subsection (a) shall not apply to the amount
rescinded in section 308 for ``Operation and Maintenance, Air Force''.
Sec. 315. (a) Reports Required.--Not later than 60 days after the
date of the enactment of this Act and every 90 days thereafter, the
President shall submit to the members and committees of Congress
specified in subsection (b) a report on the prisoner population at the
detention facility at Naval Station Guantanamo Bay, Cuba.
(b) Specified Members and Committees of Congress.--The members and
committees of Congress specified in this subsection are the following:
(1) The majority leader and minority leader of the Senate.
(2) The Chairman and Ranking Member on the Committee on
Armed Services of the Senate.
(3) The Chairman and Vice Chairman of the Select Committee
on Intelligence of the Senate.
(4) The Speaker of the House of Representatives.
(5) The minority leader of the House of Representatives.
(6) The Chairman and Ranking Member on the Committee on
Armed Services of the House of Representatives.
(7) The Chairman and Vice Chairman of the Permanent Select
Committee on Intelligence of the House of Representatives
(c) Matters To Be Included.--Each report submitted under subsection
(a) shall include the following:
(1) The name and country of origin of each detainee at the
detention facility at Naval Station Guantanamo Bay, Cuba, as of
the date of such report.
(2) A current summary of the evidence, intelligence, and
information used to justify the detention of each detainee
listed under paragraph (1) at Naval Station Guantanamo Bay.
(3) A current accounting of all the measures taken to
transfer each detainee listed under paragraph (1) to the
individual's country of citizenship or another country.
(4) A current description of the number of individuals
released or transferred from detention at Naval Station
Guantanamo Bay who are confirmed or suspected of returning to
terrorist activities after release or transfer from Naval
Station Guantanamo Bay.
(5) An assessment of any efforts by al Qaeda to recruit
detainees released from detention at Naval Station Guantanamo
Bay.
(6) For each detainee listed under paragraph (1), a threat
assessment that includes--
(A) an assessment of the likelihood that such
detainee may return to terrorist activity after release
or transfer from Naval Station Guantanamo Bay;
(B) an evaluation of the status of any
rehabilitation program in such detainee's country of
origin, or in the country such detainee is anticipated
to be transferred to; and
(C) an assessment of the risk posed to the American
people by the release or transfer of such detainee from
Naval Station Guantanamo Bay.
(d) Additional Matters To Be Included in Initial Report.--The first
report submitted under subsection (a) shall also include the following:
(1) A description of the process that was previously used
for screening the detainees described by subsection (c)(4)
prior to their release or transfer from detention at Naval
Station Guantanamo Bay, Cuba.
(2) An assessment of the adequacy of that screening process
for reducing the risk that detainees previously released or
transferred from Naval Station Guantanamo Bay would return to
terrorist activities after release or transfer from Naval
Station Guantanamo Bay.
(3) An assessment of lessons learned from previous releases
and transfers of individuals who returned to terrorist
activities for reducing the risk that detainees released or
transferred from Naval Station Guantanamo Bay will return to
terrorist activities after their release or transfer.
(e) Form.--Each report submitted under subsection (a), or parts
thereof, may be submitted in classified form.
(f) Limitation on Release or Transfer.--No detainee detained at the
detention facility at Naval Station Guantanamo Bay, Cuba, as of the
date of the enactment of this Act may be released or transferred to
another country until the President--
(1) submits to Congress the first report required by
subsection (a); or
(2) certifies to the members and committees of Congress
specified in subsection (b) that such action poses no threat to
the members of the United States Armed Forces.
(g) Sense of Senate.--It is the sense of the Senate that the
Secretary of Defense should consult with State and local government
officials before making any decision about where detainees at Naval
Station Guantanamo Bay, Cuba, might be transferred, housed, or
otherwise incarcerated as a result of the implementation of the
Executive Order of the President to close the detention facilities at
Naval Station Guantanamo Bay.
TITLE IV
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
operation and maintenance
For an additional amount for ``Operation and Maintenance'' to
dredge navigation channels and repair damage to Corps projects
nationwide related to natural disasters, $38,375,000, to remain
available until expended: Provided, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds, beginning not
later than 60 days after enactment of this Act: Provided further, That
the amount under this heading is designated as an emergency requirement
and necessary to meet emergency needs pursuant to sections 403(a) and
423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses relating to the consequences
of natural disasters as authorized by law, $804,290,000, to remain
available until expended: Provided, That the Secretary of the Army is
directed to use $315,290,000 of the funds appropriated under this
heading to support emergency operations, repair eligible projects
nationwide, and for other activities in response to natural disasters:
Provided further, That the Secretary of the Army is directed to use
$489,000,000 of the amount provided under this heading for barrier
island restoration and ecosystem restoration to restore historic levels
of storm damage reduction to the Mississippi Gulf Coast: Provided
further, That this work shall be carried out at full Federal expense:
Provided further, That the Assistant Secretary of the Army for Civil
Works shall provide a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the allocation and obligation of these funds, beginning not later than
60 days after enactment of this Act: Provided further, That the amount
under this heading is designated as an emergency requirement and
necessary to meet emergency needs pursuant to sections 403(a) and
423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Strategic Petroleum Reserve
(transfer of Funds)
For an additional amount for the ``Strategic Petroleum Reserve''
account, $21,585,723, to remain available until expended, to be derived
by transfer from the ``SPR Petroleum Account'' for site maintenance
activities: Provided, That the amount under this heading is designated
as an emergency requirement and necessary to meet emergency needs
pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
National Nuclear Security Administration
weapons activities
(transfer of funds)
For an additional amount for ``Weapons Activities'', $34,500,000,
to remain available until expended, to be divided among the three
national security laboratories of Livermore, Sandia and Los Alamos to
fund a sustainable capability to analyze nuclear and biological weapons
intelligence: Provided, That the Director of National Intelligence
shall provide a written report to the Senate Appropriations Committee,
the Senate Armed Services Committee and the Senate Select Committee on
Intelligence within 90 days of enactment on how the National Nuclear
Security Administration will invest these resources in technical and
core analytical capabilities: Provided further, That the amount under
this heading is designated as being for overseas deployments and other
activities pursuant to sections 401(c)(4) and 423(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
defense nuclear nonproliferation
For an additional amount for ``Defense Nuclear Nonproliferation''
in the National Nuclear Security Administration, $55,000,000, to remain
available until expended, for the International Nuclear Materials
Protection and Cooperation Program to counter emerging threats at
nuclear facilities in Russia and other countries of concern through
detecting and deterring insider threats through security upgrades:
Provided, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to sections
401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
limited transfer authority
Sec. 401. Section 403 of title IV of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by
striking all of the text and inserting the following:
``SEC. 403. LIMITED TRANSFER AUTHORITY.
``The Secretary of Energy may transfer up to 0.5 percent from each
amount appropriated to the Department of Energy in this title to any
other appropriate account within the Department of Energy, to be used
for management and oversight activities: Provided, That the Secretary
shall provide a report to the Committees on Appropriations of the House
of Representatives and the Senate 15 days prior to any transfer:
Provided further, That any funds so transferred under this section
shall remain available for obligation until September 30, 2012.''.
waiver of federal employment requirements
Sec. 402. Section 4601(c)(1) of the Atomic Energy Defense Act (50
U.S.C. 2701(c)(1)) is amended by striking ``September 30, 2008'' and
inserting ``September 30, 2009''.
corps of engineers technical fix
Sec. 403. (a) In General.--Section 3181 of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1158) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through (11) as
paragraphs (5), (6), (8), (9), (10), (11), (12), and
(13), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Northeast harbor, maine.--The project for navigation,
Northeast Harbor, Maine, authorized by section 2 of the Act of
March 2, 1945 (59 Stat. 12).''; and
(C) by inserting after paragraph (6) (as
redesignated by subparagraph (A)) the following:
``(7) Tenants harbor, maine.--The project for navigation,
Tenants Harbor, Maine, authorized by the first section of the
Act of March 2, 1919 (40 Stat. 1275).''; and
(2) in subsection (h)--
(A) by striking paragraphs (15) and (16); and
(B) by redesignating paragraphs (17) through (29)
as paragraphs (15) through (27), respectively.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the Water Resources Development Act of
2007 (Public Law 110-114; 121 Stat. 1041)
corps of engineers reprogramming authority
Sec. 404. Unlimited reprogramming authority is granted to the
Secretary of the Army for funds provided in title IV--Energy and Water
Development of Public Law 111-5 under the heading ``Department of
Defense--Civil, Department of the Army, Corps of Engineers--Civil''.
bureau of reclamation reprogramming authority
Sec. 405. Unlimited reprogramming authority is granted to the
Secretary of the Interior for funds provided in title IV--Energy and
Water Development of Public Law 111-5 under the heading ``Bureau of
Reclamation, Water and Related Resources''.
cost analysis of tritium program changes
Sec. 406. No funds in this Act, or other previous Acts, shall be
provided to fund activities related to the mission relocation of either
the design authority for the gas transfer systems or tritium research
and development facilities during the current fiscal year and until the
Department can provide the Senate Appropriations Committee an
independent technical mission review and cost analysis by the JASON's
as proposed in the Complex Transformation Site-Wide Programmatic
Environmental Impact Statement.
corps of engineers project cost ceiling increase
Sec. 407. The project for ecosystem restoration, Upper Newport
Bay, California, authorized by section 101(b)(9) of the Water Resources
Development Act of 2000 (114 Stat. 2577), is modified to authorize the
Secretary to construct the project at a total cost of $50,659,000, with
an estimated Federal cost of $32,928,000 and a non-Federal cost of
$17,731,000.
Sec. 408. None of the funds provided in the matter under the
heading entitled ``Department of Defense--Civil'' in this Act, or
provided by previous appropriations Acts under the heading entitled
``Department of Defense--Civil'' may be used to deconstruct any work
(including any partially completed work) completed under the
Mississippi River and Tributaries Project authorized by the Act of May
15, 1928 (45 2 Stat. 534; 100 Stat. 4183), during fiscal year 2009,
2010, and 2011.
title 17 innovative technology loan guarantee program
Sec. 409. The matter under the heading ``Title 17 Innovative
Technology Loan Guarantee Program'' of title III of division C of the
Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 619) is
amended in the ninth proviso--
(1) by striking ``or (d)'' and inserting ``(d)''; and
(2) by striking ``the guarantee'' and inserting ``the
guarantee; (e) contracts, leases or other agreements entered
into prior to May 1, 2009 for front-end nuclear fuel cycle
projects, where such project licenses technology from the
Department of Energy, and pays royalties to the federal
government for such license and the amount of such royalties
will exceed the amount of federal spending, if any, under such
contracts, leases or agreements; or (f) grants or cooperative
agreements, to the extent that obligations of such grants or
cooperative agreements have been recorded in accordance with
section 1501(a)(5) of title 31, United States Code, on or
before May 1, 2009''.
TITLE V
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
(including transfer of funds)
For an additional amount for ``Departmental Offices, Salaries and
Expenses'', $4,000,000, to remain available until December 31, 2010:
Provided, That, not later than 10 days following enactment of this Act,
the Secretary of the Treasury shall transfer funds provided under this
heading to an account to be designated for the necessary expenses of
the Financial Crisis Inquiry Commission established pursuant to section
5 of the Fraud Enforcement and Recovery Act of 2009: Provided further,
That the amount under this heading is designated as an emergency
requirement and necessary to meet emergency needs pursuant to sections
403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
National Security Council
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $2,936,000,
of which $800,000 shall remain available until expended and $2,136,000
shall remain available until September 30, 2010: Provided, That the
amount under this heading is designated as being for overseas
deployments and other activities pursuant to sections 401(c)(4) and
423(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Pandemic Preparedness and Response
(including transfers of funds)
For an amount to be deposited into an account for ``Pandemic
Preparedness and Response'' to be established within the Executive
Office of the President for expenses to prepare for and respond to a
potential pandemic disease outbreak and to assist international efforts
to control the spread of such an outbreak, including for the 2009-H1N1
influenza outbreak, $1,500,000,000, to remain available until September
30, 2010, and to be transferred by the Director of the Office of
Management and Budget as follows: $900,000,000 shall be transferred to
and merged with funds made available under the heading ``Department of
Health and Human Services, Public Health and Social Services Emergency
Fund'' for allocation by the Secretary; $190,000,000 shall be
transferred to and merged with funds made available for the United
States Department of Homeland Security under the heading ``Departmental
Management and Operations, Office of the Secretary and Executive
Management'' for allocation by the Secretary; $100,000,000 shall be
transferred to and merged with funds made available for the United
States Department of Agriculture under the heading ``Agricultural
Programs, Production, Processing and Marketing, Office of the
Secretary'' for allocation by the Secretary; $50,000,000 shall be
transferred to and merged with funds made available under the heading
``Department of Health and Human Services, Food and Drug
Administration, Salaries and Expenses''; $110,000,000 shall be
transferred to and merged with funds made available under the heading
``Department of Veterans Affairs, Veterans Health Administration,
Medical Services''; and $150,000,000 shall be transferred to and merged
with funds made available under the heading ``Bilateral Economic
Assistance, Funds Appropriated to the President, Global Health and
Child Survival'', to support programs of the United States Agency for
International Development: Provided, That such transfers shall be made
not more than 10 days after the date of enactment of this Act: Provided
further, That none of the funds provided under this heading shall be
available for obligation until 15 days following the submittal of a
detailed spending plan by each Department receiving funds to the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That the transfer authority provided under
this heading is in addition to any other transfer authority available
in this or any other Act: Provided further, That the amount under this
heading is designated as an emergency requirement and necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
THE JUDICIARY
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
(including transfer of funds)
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2010: Provided,
That notwithstanding section 302 of division D of Public Law 111-8,
funding shall be available for transfer between Judiciary accounts to
meet increased workload requirements resulting from immigration and
other law enforcement initiatives on the Southwest border: Provided
further, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to sections
401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
INDEPENDENT AGENCIES
Securities and Exchange Commission
salaries and expenses
For an additional amount for necessary expenses for the Securities
and Exchange Commission, $10,000,000, to remain available until
September 30, 2010, for investigation of securities fraud: Provided,
That the amount under this heading is designated as an emergency
requirement and necessary to meet emergency needs pursuant to sections
403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 501. (a) In General.--Section 3(c)(2)(A) of Public Law 110-428
is amended--
(1) in the matter before clause (i), by striking ``4-year''
and inserting ``5-year''; and
(2) in clause (i), by striking ``1-year'' and inserting
``2-year''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of Public Law 110-428.
Sec. 502. The fourth proviso under the heading ``District of
Columbia Funds'' of title IV of division D of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 655) is amended
by striking ``and such title'' and inserting ``, as amended by laws
enacted pursuant to section 442(c) of the Home Rule Act of the District
of Columbia Home Rule Act of 1973, approved December 24, 1973 (87 Stat.
798), and such title, as amended,''.
Sec. 503. Title V of division D of the Omnibus Appropriations Act,
2009 (Public Law 111-8) is amended under the heading ``Federal
Communications Commission'' by striking the first proviso and inserting
the following: ``Provided, That of the funds provided, not less than
$3,000,000 shall be available for developing a national broadband plan
pursuant to title VI of division B of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) and for carrying out any
other responsibility pursuant to that title:''.
extension of limitations
Sec. 504. (a) In General.--Section 44(f)(1) of the Federal Deposit
Insurance Act (12 U.S.C. 1831u(f)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving the margins 2 ems to the
right;
(2) by striking ``evidence of debt by any insured'' and
inserting the following: ``evidence of debt by--
``(A) any insured''; and
(3) by striking the period at the end and inserting the
following: ``; and
``(B) any nondepository institution operating in
such State, shall be equal to not more than the greater
of the State's maximum lawful annual percentage rate or
17 percent--
``(i) to facilitate the uniform
implementation of federally mandated or
federally established programs and financings
related thereto, including--
``(I) uniform accessibility of
student loans, including the issuance
of qualified student loan bonds as set
forth in section 144(b) of the Internal
Revenue Code of 1986;
``(II) the uniform accessibility of
mortgage loans, including the issuance
of qualified mortgage bonds and
qualified veterans' mortgage bonds as
set forth in section 143 of such Code;
``(III) the uniform accessibility
of safe and affordable housing programs
administered or subject to review by
the Department of Housing and Urban
Development, including--
``(aa) the issuance of
exempt facility bonds for
qualified residential rental
property as set forth in
section 142(d) of such Code;
``(bb) the issuance of low
income housing tax credits as
set forth in section 42 of such
Code, to facilitate the uniform
accessibility of provisions of
the American Recovery and
Reinvestment Act of 2009; and
``(cc) the issuance of
bonds and obligations issued
under that Act, to facilitate
economic development, higher
education, and improvements to
infrastructure, and the
issuance of bonds and
obligations issued under any
provision of law to further the
same; and
``(ii) to facilitate interstate commerce
generally, including consumer loans, in the
case of any person or governmental entity
(other than a depository institution subject to
subparagraph (A) and paragraph (2)).''.
(b) Effective Period.--The amendments made by subsection (a) shall
apply with respect to contracts consummated during the period beginning
on the date of enactment of this Act and ending on December 31, 2010.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$46,200,000, to remain available until September 30, 2010, of which
$6,200,000 shall be for the care, treatment, and transportation of
unaccompanied alien children; and of which $40,000,000 shall be for
response to border security issues on the Southwest border of the
United States.
air and marine interdiction, operations, maintenance, and procurement
For an additional amount for ``Salaries and Expenses'', $5,000,000,
to remain available until September 30, 2010, for response to border
security issues on the Southwest border of the United States.
U.S. Immigration and Customs Enforcement
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$66,800,000, to remain available until September 30, 2010, of which
$11,800,000 shall be for the care, treatment, and transportation of
unaccompanied alien children; and of which $55,000,000 shall be for
response to border security issues on the Southwest border of the
United States.
Coast Guard
operating expenses
For an additional amount for ``Operating Expenses'', $139,503,000;
of which $129,503,000 shall be for Coast Guard operations in support of
Operation Iraqi Freedom and Operation Enduring Freedom; and of which
$10,000,000 shall be available until September 30, 2010, for High
Endurance Cutter maintenance, major repairs, and improvements.
Federal Emergency Management Agency
state and local programs
For an additional amount for ``State and Local Programs'',
$30,000,000 shall be for Operation Stonegarden.
GENERAL PROVISIONS--THIS TITLE
(including rescission)
Sec. 601. (a) Rescission.--Of amounts previously made available
from ``Federal Emergency Management Agency, Disaster Relief'' to the
State of Mississippi pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) for
Hurricane Katrina, an additional $100,000,000 are rescinded.
(b) Appropriation.--For ``Federal Emergency Management Agency,
State and Local Programs'', there is appropriated an additional
$100,000,000, to remain available until expended, for a grant to the
State of Mississippi for an interoperable communications system
required in the aftermath of Hurricane Katrina: Provided, That the
amount under this heading is designated as an emergency requirement and
necessary to meet emergency needs pursuant to sections 403(a) and
423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution
on the budget for fiscal year 2010.
Sec. 602. The Department of Homeland Security Appropriations Act,
2009 (Public Law 110-329) is amended under the heading ``Federal
Emergency Management Agency, Management and Administration'' after
``the Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.),'' by adding ``Cerro Grande Fire Assistance
Act of 2000 (division C, title I, 114 Stat. 583),''.
Sec. 603. Notwithstanding any provision under (a)(1)(A) of 15
U.S.C. 2229a specifying that grants must be used to increase the number
of fire fighters in fire departments, the Secretary of Homeland
Security may, in making grants described under 15 U.S.C. 2229a for
fiscal year 2009 or 2010, grant waivers from the requirements of
subsection (a)(1)(B), subsection (c)(1), subsection (c)(2), and
subsection (c)(4)(A), and may award grants for the hiring, rehiring, or
retention of firefighters.
Sec. 604. The Administrator of the Federal Emergency Management
Agency shall extend through March 2010 reimbursement of case management
activities conducted by the State of Mississippi under the Disaster
Housing Assistance Program to individuals in the program on April 30,
2009.
Sec. 605. Section 552 of division E of the Consolidated
Appropriations Act, 2008 (Public Law 110-161) is amended by striking
``local educational agencies'' and inserting ``primary or secondary
school sites'' and by inserting ``and section 406(c)(2)'' after
``section 406(c)(1)''.
Sec. 606. (a) In General.--Each amount in this title is designated
as being for overseas deployments and other activities pursuant to
sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
(b) Exception.--Subsection (a) shall not apply to any amount under
section 601 of this title.
Sec. 607. For purposes of qualification for loans made under the
Disaster Assistance Direct Loan Program as allowed under Public Law
111-5 relating to disaster declaration DR-1791 (issued September 13,
2008) the base period for tax determining loss of revenue may be fiscal
year 2009 or 2010.
TITLE VII
DEPARTMENT OF THE INTERIOR
Department-Wide Programs
wildland fire management
(including transfer of funds)
For an additional amount to cover necessary expenses for wildfire
suppression and emergency rehabilitation activities of the Department
of the Interior, $50,000,000, to remain available until expended:
Provided, That such funds shall only become available if funds provided
previously for wildland fire suppression will be exhausted imminently
and after the Secretary of the Interior notifies the Committees on
Appropriations of the House of Representatives and the Senate in
writing of the need for these additional funds: Provided further, That
the Secretary of the Interior may transfer any of these funds to the
Secretary of Agriculture if the transfer enhances the efficiency or
effectiveness of Federal wildland fire suppression activities: Provided
further, That the amount under this heading is designated as an
emergency requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
(including transfer of funds)
For an additional amount to cover necessary expenses for wildfire
suppression and emergency rehabilitation activities of the Forest
Service, $200,000,000, to remain available until expended: Provided,
That such funds shall only become available if funds provided
previously for wildland fire suppression will be exhausted imminently
and after the Secretary of Agriculture notifies the Committees on
Appropriations of the House of Representatives and the Senate in
writing of the need for these additional funds: Provided further, That
the Secretary of Agriculture may transfer not more than $50,000,000 of
these funds to the Secretary of the Interior if the transfer enhances
the efficiency or effectiveness of Federal wildland fire suppression
activities: Provided further, That the amount under this heading is
designated as an emergency requirement and necessary to meet emergency
needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
GENERAL PROVISIONS--THIS TITLE
Sec. 701. Public Law 111-8, division E, title III, Department of
Health and Human Services, Agency for Toxic Substances and Disease
Registry, Toxic Substances and Environmental Public Health is amended
by inserting ``per eligible employee'' after ``$1,000''.
Sec. 702. (a) Section 1606 of division A, title XVI of Public Law
111-5 shall not be applied to projects carried out by youth
conservation organizations under agreement with the Department of the
Interior or the Forest Service for which funds were provided in title
VII.
(b) For purposes of this provision, the term ``youth conservation
organizations'' means not-for-profit organizations that provide
conservation service learning opportunities for youth 16 to 25 years of
age.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'' for
necessary expenses for unaccompanied alien children as authorized by
section 462 of the Homeland Security Act of 2002 and section 235 of the
William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008, $82,000,000, to remain available through September 30, 2011:
Provided, That the amount under this heading is designated as being for
overseas deployments and other activities pursuant to sections
401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
GENERAL PROVISIONS--THIS TITLE
(transfer of funds)
Sec. 801. Section 801(a) of division A of Public Law 111-5 is
amended by inserting ``, and may be transferred by the Department of
Labor to any other account within the Department for such purposes''
before the end period.
(including transfer of funds)
Sec. 802. (a) Notwithstanding any other provision of law, during
the period from September 1 through September 30, 2009, the Secretary
of Education shall transfer to the Career, Technical, and Adult
Education account an amount not to exceed $17,678,270 from amounts that
would otherwise lapse at the end of fiscal year 2009 and that were
originally made available under the Department of Education
Appropriations Act, 2009 or any Department of Education Appropriations
Act for a previous fiscal year.
(b) Funds transferred under this section to the Career, Technical,
and Adult Education account shall be obligated by September 30, 2009.
(c) Any amounts transferred pursuant to this section shall be for
carrying out Adult Education State Grants, and shall be allocated,
notwithstanding any other provision of law, only to those States that
received funds under that program for fiscal year 2009 that were at
least 9.9 percent less than those States received under that program
for fiscal year 2008.
(d) The Secretary shall use these additional funds to increase
those States' allocations under that program up to the amount they
received under that program for fiscal year 2008.
(e) The Secretary shall notify the Committees on Appropriations of
both Houses of Congress of any transfer pursuant to this section.
TITLE IX
LEGISLATIVE BRANCH
CAPITOL POLICE
General Expenses
For an additional amount for ``Capitol Police, General Expenses'',
$71,606,000, to purchase and install a new radio system for the U.S.
Capitol Police, to remain available until September 30, 2012: Provided,
That the Chief of the Capitol Police may not obligate any of the funds
appropriated under this heading without approval of an obligation plan
by the Committees on Appropriations of the Senate and the House of
Representatives.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $2,000,000,
to remain available until September 30, 2010.
GENERAL PROVISION--THIS TITLE
Sec. 901. The amount available to the Committee on the Judiciary
for expenses, including salaries, under section 13(b) of Senate
Resolution 73, agreed to March 10, 2009, is increased by $500,000.
TITLE X
MILITARY CONSTRUCTION
Military Construction, Army
(including rescission)
For an additional amount for ``Military Construction, Army'',
$1,229,731,000, to remain available until September 30, 2013: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law: Provided
further, That none of the funds provided under this heading for
military construction projects in Afghanistan shall be obligated or
expended until the Secretary of Defense certifies to the Committees on
Appropriations of both Houses of Congress that a prefinancing statement
for each project has been submitted to the North Atlantic Treaty
Organization (NATO) for consideration of funding by the NATO Security
Investment Program.
For an additional amount for ``Military Construction, Army'',
$49,000,000, to remain available until September 30, 2013: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law: Provided
further, That the preceding amount in this paragraph is designated as
an emergency requirement and necessary to meet emergency needs pursuant
to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010: Provided
further, That of the funds appropriated for ``Military Construction,
Army'' under Public Law 110-252, $49,000,000 are hereby rescinded.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $243,083,000, to remain available until September 30,
2013: Provided, That notwithstanding any other provision of law, such
funds may be obligated and expended to carry out planning and design
and military construction projects not otherwise authorized by law.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$265,470,000, to remain available until September 30, 2013: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law: Provided
further, That none of the funds provided under this heading for
military construction projects in Afghanistan shall be obligated or
expended until the Secretary of Defense certifies to the Committees on
Appropriations of both Houses of Congress that a prefinancing statement
for each project has been submitted to the North Atlantic Treaty
Organization (NATO) for consideration of funding by the NATO Security
Investment Program.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $181,500,000, to remain available until September 30, 2013:
Provided, That notwithstanding any other provision of law, such funds
may be obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law:
Provided further, That $1,781,500,000 is hereby authorized for fiscal
years 2009 through 2013 for the purposes of this appropriation.
North Atlantic Treaty Organization Security Investment Program
For an additional amount for ``North Atlantic Treaty Organization
Security Investment Program'', $100,000,000, to remain available until
expended: Provided, That notwithstanding any other provision of law,
such funds are authorized for the North Atlantic Treaty Security
Investment Program for purposes of section 2806 of title 10, United
States Code, and section 2502 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public Law 110-
417).
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $230,900,000, to
remain available until expended: Provided, That notwithstanding any
other provision of law, such funds may be obligated and expended to
carry out operation and maintenance, planning and design and military
construction projects not otherwise authorized by law.
GENERAL PROVISIONS--THIS TITLE
Sec. 1001. None of the funds appropriated in this or any other Act
may be used to disestablish, reorganize, or relocate the Armed Forces
Institute of Pathology, except for the Armed Forces Medical Examiner,
until the President has established, as required by section 722 of the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint Pathology Center,
and the Joint Pathology Center is demonstrably performing the minimum
requirements set forth in section 722 of the National Defense
Authorization Act for Fiscal Year 2008.
Sec. 1002. (a) In General.--Unless otherwise designated, each
amount in this title is designated as being for overseas deployments
and other activities pursuant to sections 401(c)(4) and 423(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
(b) Exception.--Subsection (a) shall not apply to any amount under
the heading ``Military Construction, Defense-Wide''.
TITLE XI
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$645,444,000, to remain available until September 30, 2010, of which
$117,983,000 is for World Wide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $135,629,000 of the total funds made available under
this heading to any other appropriation of any department or agency of
the United States, upon the concurrence of the head of such department
or agency, to support operations in and assistance for Afghanistan and
to carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That of the funds appropriated under this heading,
not more than $10,000,000 for public diplomacy activities may be
transferred to, and merged with, funds made available under the heading
``International Broadcasting Operations'' for broadcasting activities
to the Pakistan-Afghanistan border region: Provided further, That of
the funds appropriated under this heading, $57,000,000 shall be made
available for aircraft acquisition, maintenance, operations and leases
in Afghanistan for the Department of State and the United States Agency
for International Development (USAID), and the uses and oversight of
such aircraft shall be the responsibility of the United States Chief of
Mission in Afghanistan: Provided further, That of the funds made
available pursuant to the previous proviso, $40,000,000 shall be
transferred to, and merged with, funds made available under the heading
``United States Agency for International Development, Funds
Appropriated to the President, Operating Expenses'' for the purpose of
USAID's air services: Provided further, That such aircraft utilized by
USAID may be used to transport Federal and non-Federal personnel
supporting USAID programs and activities: Provided further, That
official travel of other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when traveling on a
space available basis.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$22,200,000, to remain available until September 30, 2010, of which
$7,000,000 shall be transferred to the Special Inspector General for
Iraq Reconstruction for reconstruction oversight, and $7,200,000 shall
be transferred to the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight: Provided, That the Special
Inspector General for Afghanistan Reconstruction may exercise the
authorities of subsections (b) through (i) of section 3161 of title 5,
United States Code (without regard to subsection (a) of such section)
for funds made available for fiscal years 2009 and 2010.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $820,500,000, to remain available until expended, for
worldwide security upgrades, acquisition, and construction as
authorized, and shall be made available for secure diplomatic
facilities and housing for United States mission staff in Afghanistan
and Pakistan, and for mobile mail screening units.
International Organizations
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $721,000,000, to remain available until
September 30, 2010.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $112,600,000,
to remain available until September 30, 2010.
capital investment fund
For an additional amount for ``Capital Investment Fund'',
$48,500,000, to remain available until expended.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$3,500,000, to remain available until September 30, 2010, for oversight
of programs in Afghanistan and Pakistan.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
global health and child survival
For an additional amount for ``Global Health and Child Survival'',
$50,000,000, to remain available until September 30, 2010,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria.
development assistance
For an additional amount for ``Development Assistance'',
$38,000,000, to remain available until September 30, 2010, for
assistance for Kenya.
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$245,000,000, to remain available until expended.
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$2,828,000,000, to remain available until September 30, 2010: Provided,
That of the funds appropriated under this heading, not less than
$866,000,000 may be made available for assistance for Afghanistan, of
which not less than $100,000,000 shall be made available to support
programs that directly address the needs of Afghan women and girls,
including for the Afghan Independent Human Rights Commission, the
Afghan Ministry of Women's Affairs, and for women-led nongovernmental
organizations: Provided further, That of the funds appropriated under
this heading, not less than $115,000,000 shall be made available for
the Afghan Reconstruction Trust Fund, of which not less than
$70,000,000 shall be made available for the National Solidarity
Program: Provided further, That of the funds appropriated under this
heading, not less than $11,000,000 shall be made available for the
Afghan Civilian Assistance Program: Provided further, That of the funds
appropriated under this heading, not less than $439,000,000 shall be
made available for assistance for Pakistan, of which not more than
$215,000,000 shall be made available for economic growth programs,
including basic education to counter the influence of madrassas; not
less than $50,000,000 shall be made available for assistance for
internally displaced persons; and not less than $10,000,000 shall be
made available for democracy programs, including to strengthen
democratic political parties: Provided further, That of the funds
appropriated under this heading that are available for assistance for
Afghanistan and Pakistan, not less than $20,000,000 shall be made
available for a cross border development program to be administered by
the Special Representative for Afghanistan and Pakistan at the
Department of State: Provided further, That of the funds appropriated
under this heading, not less than $439,000,000 shall be made available
for assistance for Iraq, of which not less than $50,000,000 shall be
for the Community Action Program and not less than $10,000,000 shall be
for the Marla Ruzicka Iraqi War Victims Fund: Provided further, That of
the funds appropriated under this heading, not less than $150,000,000
shall be made available for assistance for Jordan to mitigate the
impact of the global economic crisis, including for health, education,
water and sanitation, and other assistance for Iraqi and other refugees
in Jordan: Provided further, That of the funds appropriated under this
heading, not less than $15,000,000 shall be made available for
assistance for Yemen; not less than $10,000,000 shall be made available
for assistance for Somalia; and not less than $10,000,000 shall be made
available for programs and activities to assist victims of gender-based
violence in the Democratic Republic of the Congo: Provided further,
That funds made available pursuant to the previous proviso shall be
administered by the United States Agency for International Development:
Provided further, That none of the funds appropriated in this title for
democracy and civil society programs may be made available for the
construction of facilities in the United States.
assistance for europe, eurasia, and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $230,000,000, to remain available until September 30,
2010, of which $200,000,000 may be made available for assistance for
Georgia and other Eurasian countries: Provided, That of the funds
appropriated under this heading, $30,000,000 may be made available for
assistance for the Kyrgyz Republic to provide a long-range air traffic
control and safety system to support air operations in the Kyrgyz
Republic, including at Manas International Airport, notwithstanding any
other provision of law.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $393,500,000, to remain available until September
30, 2010: Provided, That of the funds appropriated under this heading,
not more than $109,000,000 may be made available for assistance for the
West Bank and not more than $66,000,000 may be made available for
assistance for Mexico.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $102,000,000, to remain available
until September 30, 2010: Provided, That of this amount, not more than
$77,000,000, to remain available until expended, may be made available
for the Nonproliferation and Disarmament Fund, notwithstanding any
other provision of law, of which not more than $50,000,000 may be made
available to enhance security along the Gaza border: Provided further,
That the Secretary of State shall work assiduously to facilitate the
regular flow of people and licit goods in and out of Gaza at
established border crossings and shall submit a report to the
Committees on Appropriations not later than 45 days after enactment of
this Act, and every 45 days thereafter until September 30, 2010,
detailing progress in this effort.
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$345,000,000, to remain available until expended.
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
peacekeeping operations
(including transfer of funds)
For an additional amount for ``Peacekeeping Operations'',
$172,900,000, to remain available until September 30, 2010, of which
$155,900,000 may be made available to support the African Union Mission
to Somalia and which may be transferred to, and merged with, funds
appropriated under the heading ``Contributions for International
Peacekeeping Activities'' for peacekeeping in Somalia: Provided, That
of the funds appropriated under this heading, $15,000,000 shall be made
available for assistance for the Democratic Republic of the Congo and
$2,000,000 shall be made available for the Multinational Force and
Observer mission in the Sinai.
international military education and training
For an additional amount for ``International Military Education and
Training'', $2,000,000, to remain available until September 30, 2010,
for assistance for Iraq.
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $98,000,000, to remain available until September 30, 2009,
for assistance for Lebanon.
GENERAL PROVISIONS--THIS TITLE
afghanistan
Sec. 1101. (a) In General.--Funds appropriated under the heading
``Economic Support Fund'' that are available for assistance for
Afghanistan shall be made available, to the maximum extent practicable,
in a manner that utilizes Afghan entities and emphasizes the
participation of Afghan women and directly improves the security,
economic and social well-being, and political status, of Afghan women
and girls.
(b) Limitation on Contracts and Grants.--Funds appropriated under
the heading ``Economic Support Fund'' that are available for assistance
for Afghanistan shall not be used to initiate or make an amendment to
any contract, grant or cooperative agreement in an amount exceeding
$10,000,000.
(c) Assistance for Women and Girls.--
(1) Of the funds appropriated under the heading
``International Narcotics Control and Law Enforcement'' that
are available for assistance for Afghanistan, not less than
$10,000,000 shall be made available to train and support Afghan
women investigators, police officers, prosecutors and judges
with responsibility for investigating, prosecuting, and
punishing crimes of violence against women and girls.
(2) Of the funds appropriated under the heading ``Economic
Support Fund'' that are available for assistance for
Afghanistan, not less than $5,000,000 shall be made available
for capacity building for Afghan women-led nongovernmental
organizations, and not less than $25,000,000 shall be made
available to support programs and activities of such
organizations, including to provide legal assistance and
training for Afghan women and girls about their rights, and to
promote women's health (including mental health), education,
and leadership.
(d) Anticorruption.--Ten percent of the funds appropriated under
the heading ``International Narcotics Control and Law Enforcement''
that are available for assistance for the Government of Afghanistan
shall be withheld from obligation until the Secretary of State reports
to the Committees on Appropriations that the Government of Afghanistan
is implementing a policy to promptly remove from office any government
official who is credibly alleged to have engaged in narcotics
trafficking, gross violations of human rights, or other major crimes.
(e) Acquisition of Property.--Not more than $10,000,000 of the
funds appropriated in this title may be made available to pay for the
acquisition of property for diplomatic facilities in Afghanistan.
(f) United Nations Development Program.--None of the funds
appropriated in this title may be made available for programs and
activities of the United Nations Development Program (UNDP) in
Afghanistan unless the Secretary of State reports to the Committees on
Appropriations that UNDP is fully cooperating with efforts of the
United States Agency for International Development (USAID) to
investigate expenditures by UNDP of USAID funds associated with the
Quick Impact Program in Afghanistan, and has agreed to reimburse USAID,
if appropriate.
(g) Training in Civilian-Military Coordination.--The Secretary of
State, in consultation with the Secretary of Defense and the
Administrator of the United States Agency for International
Development, shall seek to ensure that civilian personnel assigned to
serve in Afghanistan receive civilian-military coordination training
that focuses on counterinsurgency and stability operations, and shall
submit a report to the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations and
Foreign Affairs of the House of Representatives not later than 90 days
after the date of the enactment of this Act detailing how such training
addresses current and future civilian-military coordination
requirements.
allocations
Sec. 1102. (a) Funds appropriated in this title for the following
accounts shall be made available for programs and countries in the
amounts contained in the respective tables included in the report
accompanying this Act:
(1) ``Diplomatic and Consular Programs''.
(2) ``Embassy Security, Construction, and Maintenance''.
(3) ``Economic Support Fund''.
(4) ``International Narcotics Control and Law
Enforcement''.
(b) For the purposes of implementing this section, and only with
respect to the tables included in the report accompanying this Act, the
Secretary of State and the Administrator of the United States Agency
for International Development, as appropriate, may propose deviations
to the amounts referenced in subsection (a), subject to the regular
notification procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961.
burma
Sec. 1103. (a) Funds appropriated under the heading ``Economic
Support Fund'' for humanitarian assistance for Burma may be made
available notwithstanding any other provision of law.
(b) Not later than 30 days after enactment of this Act, the
Secretary of State shall submit to the Committees on Appropriations a
report that details the findings and recommendations of the Department
of State's review of United States policy toward Burma.
extension of authorities
Sec. 1104. Funds appropriated in this title may be obligated and
expended notwithstanding section 10 of Public Law 91-672, section 15 of
the State Department Basic Authorities Act of 1956, section 313 of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 414(a)(1)).
global financial crisis
Sec. 1105. (a) In General.--Of the funds appropriated under the
heading ``Economic Support Fund'', not more than $285,000,000 may be
made available for assistance for vulnerable populations in developing
countries severely affected by the global financial crisis: Provided,
That funds made available pursuant to this section may be obligated
only after the Administrator of the United States Agency for
International Development (USAID) submits a report to the Committees on
Appropriations detailing a spending plan for each such country
including criteria for eligibility, proposed amounts and purposes of
assistance, and mechanisms for monitoring the uses of such assistance,
and indicating that USAID has reviewed its existing programs in such
country to determine reprogramming opportunities to increase assistance
for vulnerable populations: Provided further, That funds made available
pursuant to this section shall be transferred to, and merged with, the
following accounts:
(1) Not less than $12,000,000 for the ``Development Credit
Authority'', for the cost of direct loans and loan guarantees
notwithstanding the dollar limitations in such account on
transfers to the account and the principal amount of loans made
or guaranteed with respect to any single country or borrower:
Provided, That such transferred funds may be made available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $3,300,000,000: Provided further, That the
authority provided in this subsection is in addition to
authority provided under the heading ``Development Credit
Authority'' in Public Law 111-8: Provided further, That and up
to $1,500,000 may be made available for administrative expenses
to carry out credit programs administered by the United States
Agency for International Development; and
(2) Not more than $20,000,000 for the ``Overseas Private
Investment Corporation Program Account'', notwithstanding
section 708(b) of Public Law 111-8: Provided, That such funds
shall not be available for administrative expenses of the
Overseas Private Investment Corporation.
(b) Reprogramming Authority.--Notwithstanding any other provision
of law and in addition to funds otherwise available for such purposes,
funds appropriated under the heading ``Millennium Challenge
Corporation'' (MCC) in prior Acts making appropriations for the
Department of State, foreign operations, export financing, and related
programs may be transferred to, and merged with, funds appropriated
under the heading ``Economic Support Fund'' that are made available
pursuant to this section.
(1) The authority contained in subsection (b) may only be
exercised for a country that has signed a compact with the MCC
or has been designated by the MCC as a threshold country, and
such a reprogramming of funds should be made, if practicable,
prior to making available additional assistance for such
purposes.
(2) The MCC shall consult with the Committees on
Appropriations prior to exercising the authority of this
subsection.
iraq
Sec. 1106. (a) In General.--Funds appropriated in this title that
are available for assistance for Iraq shall be made available, to the
maximum extent practicable, in a manner that utilizes Iraqi entities.
(b) Matching Requirement.--Funds appropriated in this title for
assistance for Iraq shall be made available in accordance with the
Department of State's April 9, 2009, ``Guidelines for Government of
Iraq Financial Participation in United States Government-Funded
Civilian Foreign Assistance Programs and Projects''.
(c) Other Assistance.--Of the funds appropriated in this title
under the heading ``Economic Support Fund'', not less than $20,000,000
shall be made available for targeted development programs and
activities in areas of conflict in Iraq, and the responsibility for
policy decisions and justifications for the use of such funds shall be
the responsibility of the United States Chief of Mission in Iraq.
prohibition on assistance for hamas
Sec. 1107. (a) None of the funds appropriated in this title may be
made available for assistance to Hamas, or any entity effectively
controlled by Hamas or any power-sharing government of which Hamas is a
member.
(b) Notwithstanding the limitation of subsection (a), assistance
may be provided to a power-sharing government only if the President
certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has
publicly accepted and is complying with the principles contained in
section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(c) The President may exercise the authority in section 620K(e) of
the Foreign Assistance Act as added by the Palestinian Anti-Terrorism
Act of 2006 (Public Law 109-446) with respect to this subsection.
(d) Whenever the certification pursuant to subsection (b) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification and
every quarter thereafter on whether such government, including all of
its ministers or such equivalent, are continuing to comply with the
principles contained in section 620K(b)(1)(A) and (B). The report shall
also detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
mexico
Sec. 1108. (a) Not later than 60 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing actions taken by the Government of Mexico
since June 30, 2008, to investigate and prosecute violations of
internationally recognized human rights by members of the Mexican
Federal police and military forces, and to support a thorough,
independent, and credible investigation of the murder of American
citizen Bradley Roland Will.
(b) None of the funds appropriated in this title may be made
available for the cost of fuel for helicopters provided to Mexico, or
for logistical support, including operations and maintenance, of
aircraft purchased by the Government of Mexico.
(c) In order to enhance border security and cooperation in law
enforcement efforts between Mexico and the United States, funds
appropriated in this title that are available for assistance for Mexico
may be made available for the procurement of law enforcement
communications equipment only if such equipment utilizes open standards
and is compatible with, and capable of operating with, radio
communications systems and related equipment utilized by Federal law
enforcement agencies in the United States to enhance border security
and cooperation in law enforcement efforts between Mexico and the
United States.
multilateral development bank replenishments
Sec. 1109. (a) International Development Association.--The
International Development Association Act (22 U.S.C. 284 et seq.) is
amended by adding at the end thereof the following:
``SEC. 24. FIFTEENTH REPLENISHMENT.
``(a) The United States Governor of the International Development
Association is authorized to contribute on behalf of the United States
$3,705,000,000 to the fifteenth replenishment of the resources of the
Association, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $3,705,000,000 for payment by the Secretary of
the Treasury.
``SEC. 25. MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to contribute, on
behalf of the United States, not more than $356,000,000 to the
International Development Association for the purpose of funding debt
relief under the Multilateral Debt Relief Initiative in the period
governed by the fifteenth replenishment of resources of the
International Development Association, subject to obtaining the
necessary appropriations and without prejudice to any funding
arrangements in existence on the date of the enactment of this section.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, not more than $356,000,000 for payment by the
Secretary of the Treasury.
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance Ministers'
Communique entitled `Conclusions on Development,' done at London, June
11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit
on July 8, 2005.''.
(b) African Development Fund.--The African Development Fund Act (22
U.S.C. 290 et seq.) is amended by adding at the end thereof the
following:
``SEC. 219. ELEVENTH REPLENISHMENT.
``(a) The United States Governor of the Fund is authorized to
contribute on behalf of the United States $468,165,000 to the eleventh
replenishment of the resources of the Fund, subject to obtaining the
necessary appropriations.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, $468,165,000 for payment by the Secretary of
the Treasury.
``SEC. 220. MULTILATERAL DEBT RELIEF INITIATIVE.
``(a) The Secretary of the Treasury is authorized to contribute, on
behalf of the United States, not more than $26,000,000 to the African
Development Fund for the purpose of funding debt relief under the
Multilateral Debt Relief Initiative in the period governed by the
eleventh replenishment of resources of the African Development Fund,
subject to obtaining the necessary appropriations and without prejudice
to any funding arrangements in existence on the date of the enactment
of this section.
``(b) In order to pay for the United States contribution provided
for in subsection (a), there are authorized to be appropriated, without
fiscal year limitation, not more than $26,000,000 for payment by the
Secretary of the Treasury.''.
promotion of policy goals at the world bank group
Sec. 1110. Title XVI of the International Financial Institutions
Act (22 U.S.C. 262p et seq.) is amended by adding at the end thereof
the following:
``SEC. 1626. REFORM OF THE `DOING BUSINESS' REPORT OF THE WORLD BANK.
``(a) The Secretary of the Treasury shall instruct the United
States Executive Directors at the International Bank for Reconstruction
and Development, the International Development Association, and the
International Finance Corporation of the following United States policy
goals, and to use the voice and vote of the United States to actively
promote and work to achieve these goals:
``(1) Suspension of the use of the `Employing Workers'
Indicator for the purpose of ranking or scoring country
performance in the annual Doing Business Report of the World
Bank until a set of indicators can be devised that fairly
represent the value of internationally recognized workers'
rights, including core labor standards, in creating a stable
and favorable environment for attracting private investment.
The indicators shall bring to bear the experiences of the
member governments in dealing with the economic, social and
political complexity of labor market issues. The indicators
should be developed through collaborative discussions with and
between the World Bank, the International Finance Corporation,
the International Labor Organization, private companies, and
labor unions.
``(2) Elimination of the `Labor Tax and Social
Contributions' Subindicator from the annual Doing Business
Report of the World Bank.
``(3) Removal of the `Employing Workers' Indicator as a
`guidepost' for calculating the annual Country Policy and
Institutional Assessment score for each recipient country.
``(b) Within 60 days after the date of the enactment of this
section, the Secretary of the Treasury shall provide an instruction to
the United States Executive Directors referred to in subsection (a) to
take appropriate actions with respect to implementing the policy goals
of the United States set forth in subsection (a), and such instruction
shall be posted on the website of the Department of the Treasury.
``SEC. 1627. ENHANCING THE TRANSPARENCY AND EFFECTIVENESS OF THE
INSPECTION PANEL PROCESS OF THE WORLD BANK.
``(a) Enhancing Transparency in Implementation of Management Action
Plans.--The Secretary of the Treasury shall direct the United States
Executive Directors at the World Bank to seek to ensure that World Bank
Procedure 17.55, which establishes the operating procedures of
Management with regard to the Inspection Panel, provides that
Management prepare and make available to the public semiannual progress
reports describing implementation of Action Plans considered by the
Board; allow and receive comments from Requesters and other Affected
Parties for two months after the date of disclosure of the progress
reports; post these comments on World Bank and Inspection Panel
websites (after receiving permission from the requestors to post with
or without attribution); submit the reports to the Board with any
comments received; and make public the substance of any actions taken
by the Board after Board consideration of the reports.
``(b) Safeguarding the Independence and Effectiveness of the
Inspection Panel.--The Secretary of the Treasury shall direct the
United States Executive Directors at the World Bank to continue to
promote the independence and effectiveness of the Inspection Panel,
including by seeking to ensure the availability of, and access by
claimants to, the Inspection Panel for projects supported by World Bank
resources.
``(c) Evaluation of Country Systems.--The Secretary of the Treasury
shall direct the United States Executive Directors at the World Bank to
request an evaluation by the Independent Evaluation Group on the use of
country environmental and social safeguard systems to determine the
degree to which, in practice, the use of such systems provides the same
level of protection at the project level as do the policies and
procedures of the World Bank.
``(d) World Bank Defined.--In this section, the term `World Bank'
means the International Bank for Reconstruction and Development and the
International Development Association.''.
climate change mitigation and greenhouse gas accounting
Sec. 1111. Title XIII of the International Financial Institutions
Act (22 U.S.C. 262m et seq.) is amended by adding at the end thereof
the following:
``SEC. 1308. CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING.
``(a) Use of Greenhouse Gas Accounting.--The Secretary of the
Treasury shall seek to ensure that multilateral development banks (as
defined in section 1701(c)(4) of this Act) adopt and implement
greenhouse gas accounting in analyzing the benefits and costs of
individual projects (excluding those with de minimus greenhouse gas
emissions) for which funding is sought from the bank.
``(b) Expansion of Climate Change Mitigation Activities.--The
Secretary of the Treasury shall work to ensure that the multilateral
development banks (as defined in section 1701(c)(4)) expand their
activities supporting climate change mitigation by--
``(1) significantly expanding support for investments in
energy efficiency and renewable energy, including zero carbon
technologies;
``(2) reviewing all proposed infrastructure investments to
ensure that all opportunities for integrating energy efficiency
measures have been considered;
``(3) increasing the dialogue with the governments of
developing countries regarding--
``(A) analysis and policy measures needed for low
carbon emission economic development; and
``(B) reforms needed to promote private sector
investments in energy efficiency and renewable energy,
including zero carbon technologies; and
``(4) integrate low carbon emission economic development
objectives into multilateral development bank country
strategies.
``(c) Report to Congress.--Not later than 1 year after the date of
the enactment of this section, and annually thereafter, the Secretary
of the Treasury shall submit a report on the status of efforts to
implement this section to the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee on
Financial Services and the Committee on Appropriations of the House of
Representatives.''.
multilateral development bank reform
Sec. 1112. (a) Budget Disclosure.--The Secretary of the Treasury
shall seek to ensure that the multilateral development banks make
timely, public disclosure of their operating budgets including expenses
for staff, consultants, travel and facilities.
(b) Evaluation.--The Secretary of the Treasury shall seek to ensure
that multilateral development banks rigorously evaluate the development
impact of selected bank projects, programs, and financing operations,
and emphasize use of random assignment in conducting such evaluations,
where appropriate and to the extent feasible.
(c) Extractive Industries.--The Secretary of the Treasury shall
direct the United States Executive Directors at the multilateral
development banks to promote the endorsement of the Extractive Industry
Transparency Initiative (EITI) by these institutions and the
integration of the principles of the EITI into extractive industry-
related projects that are funded by the multilateral development banks.
(d) Report.--Not later than September 30, 2009, the Secretary of
the Treasury shall submit a report to the Committee on Appropriations
and the Committee on Foreign Relations of the Senate, and the Committee
on Appropriations and the Committee on Foreign Affairs of the House,
detailing actions taken by the multilateral development banks to
achieve the objectives of this section.
(e) Coordination of Development Policy.--The Secretary of the
Treasury shall coordinate the formulation and implementation of United
States policy relating to the development activities of the World Bank
Group with the Secretary of State, the Administrator of the United
States Agency for International Development, and other Federal
agencies, as appropriate.
overseas comparability pay adjustment
Sec. 1113. (a) Subject to such regulations prescribed by the
Secretary of State, including with respect to phase-in schedule and
treatment as basic pay, and notwithstanding any other provision of law,
funds appropriated for this fiscal year in this or any other Act may be
used to pay an eligible member of the Foreign Service as defined in
subsection (b) of this section a locality-based comparability payment
(stated as a percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that would be payable to
such member under section 5304 of title 5, United States Code if such
member's official duty station were in the District of Columbia.
(b) A member of the Service shall be eligible for a payment under
this section only if the member is designated class 1 or below for
purposes of section 403 of the Foreign Service Act of 1980 (22 U.S.C.
3963) and the member's official duty station is not in the continental
United States or in a non-foreign area, as defined in section 591.205
of title 5, Code of Federal Regulations.
(c) The amount of any locality-based comparability payment that is
paid to a member of the Foreign Service under this section shall be
subject to any limitations on pay applicable to locality-based
comparability payments under section 5304 of title 5, United States
Code.
assessment on afghanistan and pakistan
Sec. 1114. (a) Finding.--The Congress supports economic and
security assistance for Afghanistan and Pakistan, but long-term
stability and security in those countries is tied more to the capacity
and conduct of the Afghan and Pakistani governments and the resolve of
both societies for peace and stability, to include combating extremist
networks, than it is to the policies of the United States.
(b) Report.--The President shall submit a report to the appropriate
congressional committees, not later than 90 days after the date of
enactment of this Act and every 6 months thereafter until September 30,
2010, in classified form if necessary, assessing the extent to which
the Afghan and Pakistani governments are demonstrating the necessary
commitment, capability, conduct and unity of purpose to warrant the
continuation of the President's policy announced on March 27, 2009, to
include:
(1) The level of political consensus and unity of purpose
across ethnic, tribal, religious and political party
affiliations to confront the political and security challenges
facing the region;
(2) The level of official corruption that undermines such
political consensus and unity of purpose, and actions taken to
eliminate it;
(3) The actions taken by the respective security forces and
appropriate government entities in developing a
counterinsurgency capability, conducting counterinsurgency
operations, and establishing security and governance on the
ground;
(4) The actions taken by the respective intelligence
agencies in cooperating with the United States on
counterinsurgency and counterterrorism operations and in
terminating policies and programs, and removing personnel, that
provide material support to extremist networks that target
United States troops or undermine United States objectives in
the region;
(5) The ability of the Afghan and Pakistani governments to
effectively control and govern the territory within their
respective borders; and
(6) The ways in which United States Government assistance
contributed, or failed to contribute, to achieving the goals
outlined above.
(c) Policy Assessment.--The President, on the basis of information
gathered and coordinated by the National Security Council, shall advise
the Congress on how such assessment requires, or does not require,
changes to such policy.
(d) Definition.--For purposes of this section, ``appropriate
congressional committees'' means the Committees on Appropriations,
Foreign Relations and Armed Services of the Senate, and the Committees
on Appropriations, Foreign Affairs and Armed Services of the House of
Representatives.
assistance for pakistan
Sec. 1115. (a) Findings.--
(1) The United States and the international community have
welcomed and supported Pakistan's return to civilian rule since
the democratic elections of February 18, 2008;
(2) Since 2001, the United States has provided more than
$12,000,000,000 in economic and security assistance to
Pakistan;
(3) Afghanistan and Pakistan are facing grave threats to
their internal security from a growing insurgency fueled by al
Qaeda, the Taliban and other violent extremist groups operating
in areas along the Afghanistan-Pakistan border; and
(4) The United States is committed to supporting vigorous
efforts by the Government of Pakistan to secure Pakistan's
western border and counter violent extremism, expand government
services, support economic development, combat corruption and
uphold the rule of law in such areas.
(b) Report.--Not later than 90 days after enactment of this Act,
the Secretary of State shall submit a report, in classified form if
necessary, to the Committees on Appropriations detailing--
(1) a spending plan for the proposed uses of funds
appropriated in this title under the headings ``Economic
Support Fund'' and ``International Narcotics Control and Law
Enforcement'' that are available for assistance for Pakistan
including amounts, the purposes for which funds are to be made
available, and intended results;
(2) the actions to be taken by the United States and the
Government of Pakistan relating to such assistance;
(3) the metrics for measuring progress in achieving such
results; and
(4) the mechanisms for monitoring such funds.
special authority
Sec. 1116. (a) Notwithstanding any other provision of law, funds
appropriated under the headings ``Global HIV/AIDS Initiative'' or
``Global Health and Child Survival'' in prior Acts making
appropriations for the Department of State, foreign operations, export
financing and related programs for assistance for Kenya to carry out
the President's Emergency Plan for AIDS Relief may be transferred to,
and merged with, funds made available under the heading ``Economic
Support Fund'' to respond to instability in Kenya arising from conflict
or civil strife.
(b) The Secretary of State shall consult with the Committees on
Appropriations prior to exercising the authority of this section.
spending plan and notification procedures
Sec. 1117. (a) Spending Plan.--Not later than 45 days after the
enactment of this Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to the Committees on Appropriations a report
detailing planned expenditures for funds appropriated in this title,
except for funds appropriated under the headings ``International
Disaster Assistance'' and ``Migration and Refugee Assistance''.
(b) Notification.--Funds appropriated in this title, with the
exception of funds appropriated under the headings ``International
Disaster Assistance'' and ``Migration and Refugee Assistance'', shall
be subject to the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act of 1961.
technical provisions
Sec. 1118. (a) Modifications.--The funding limitation in section
7046(a) of Public Law 111-8 shall not apply to funds made available for
assistance for Colombia through the United States Agency for
International Development's Office of Transition Initiatives: Provided,
That title III of division H of Public Law 111-8 is amended under the
heading ``Economic Support Fund'' in the second proviso by striking
``up to $20,000,000'' and inserting ``not less than $20,000,000''.
(b) Notification Requirement.--Funds appropriated by this Act that
are transferred to the Department of State or the United States Agency
for International Development shall be subject to the regular
notification procedures of the Committees on Appropriations,
notwithstanding any other provision of law.
(c) Authority.--Funds appropriated in this title, and subsequent
and prior acts appropriating funds for Department of State, Foreign
Operations, and Related Programs and under the heading ``Public Law 480
Title II Grants'' in this, subsequent, and prior Acts appropriating
funds for Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies, shall be made available notwithstanding the
requirements of and amendments made by section 3511 of Public Law 110-
417.
(d) Reemployment of Annuitants.--
(1) Section 824 of the Foreign Service Act of 1980 (22
U.S.C. 4064) is amended in subsection (g)(1)(B) by inserting
``, Pakistan,'' after ``Iraq'' each place it appears; by
inserting ``to positions in the Response Readiness Corps,''
before ``or to posts vacated''; and, in subsection (g)(2) by
striking ``2009'' and inserting instead ``2012''.
(2) Section 61 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1) by
adding ``, Pakistan,'' after ``Iraq'' each place it appears; by
inserting ``, to positions in the Response Readiness Corps,''
before ``or to posts vacated''; and, in subsection (a)(2) by
striking ``2008'' and inserting instead ``2012''.
(3) Section 625 of the Foreign Assistance Act of 1961 (22
U.S.C. 2385) is amended in subsection (j)(1)(A) by adding ``,
Pakistan,'' after ``Iraq'' each place it appears; by inserting
``, to positions in the Response Readiness Corps,'' before ``or
to posts vacated''; and, in subsection (J)(1)(B) by striking
``2008'' and inserting instead ``2012''.
(e) Incentives for Critical Posts.--Notwithstanding sections
5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United States Code,
appropriations made available by this or any other Act may be used to
pay recruitment, relocation, and retention bonuses under chapter 57 of
title 5, United States Code to members of the Foreign Service, other
than chiefs of mission and ambassadors at large, who are on official
duty in Iraq, Afghanistan, or Pakistan. This authority shall terminate
on October 1, 2012.
(f) Of the funds appropriated under the heading ``Foreign Military
Financing Program'' in Public Law 110-161 that are available for
assistance for Colombia, $500,000 may be transferred to, and merged
with, funds appropriated under the heading ``International Narcotics
Control and Law Enforcement'' to provide medical and rehabilitation
assistance for members of Colombian security forces who have suffered
severe injuries.
terms and conditions
Sec. 1119. Unless otherwise provided for in this Act, funds
appropriated or otherwise made available in this title shall be
available under the authorities and conditions provided in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8), except that
sections 7042(a) and (c) and 7070(e)(2) of such Act shall not apply to
such funds.
overseas deployments
Sec. 1120. Each amount in this title is designated as being for
overseas deployments and other activities pursuant to sections
401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
afghanistan and pakistan policy
Sec. 1121. (a) Objectives for Afghanistan and Pakistan.--Not later
than 60 days after the date of the enactment of this Act, the President
shall develop and submit to the appropriate committees of Congress the
following:
(1) A clear statement of the objectives of United States
policy with respect to Afghanistan and Pakistan.
(2) Metrics to be utilized to assess progress toward
achieving the objectives developed under paragraph (1).
(b) Reports.--
(1) In general.--Not later than March 30, 2010 and every
120 days thereafter until September 30, 2011, the President, in
consultation with Coalition partners as appropriate, shall
submit to the appropriate committees of Congress a report
setting forth the following:
(A) A description and assessment of the progress of
United States Government efforts, including those of
the Department of Defense, the Department of State, the
United States Agency for International Development, and
the Department of Justice, in achieving the objectives
for Afghanistan and Pakistan developed under subsection
(a)(1).
(B) Any modification of the metrics developed under
subsection (a)(2) in light of circumstances in
Afghanistan or Pakistan, together with a justification
for such modification.
(C) Recommendations for the additional resources or
authorities, if any, required to achieve such
objectives for Afghanistan and Pakistan.
(2) Form.--Each report under this subsection may be
submitted in classified or unclassified form. Any report
submitted in classified form shall include an unclassified
annex or summary of the matters contained in the report.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committees on Armed Services,
Appropriations, Foreign Relations, Homeland Security
and Governmental Affairs, and the Judiciary and the
Select Committee on Intelligence of the Senate; and
(B) the Committees on Armed Services,
Appropriations, Foreign Affairs, Homeland Security, and
the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives.
additional amount for assistance for georgia
Sec. 1122. The amount appropriated by this title under the heading
``Assistance for Europe, Eurasia and Central Asia'' may be increased by
up to $42,500,000, with the amount of the increase to be available for
assistance for Georgia.
TITLE XII
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
payments to air carriers
(airport and airway trust fund)
In addition to funds made available under Public Law 111-8 and
funds authorized under subsection 41742(a)(1) of title 49, United
States Code, to carry out the essential air service program, to be
derived from the Airport and Airway Trust Fund, $13,200,000, to remain
available until expended.
Federal Aviation Administration
grants-in-aid for airports
(airport and airway trust fund)
(rescission)
Of the amounts authorized under sections 48103 and 48112 of title
49, United States Code, $13,200,000 are permanently rescinded from
amounts authorized for the fiscal year ending September 30, 2008.
GENERAL PROVISIONS--THIS TITLE
Sec. 1201. Section 1937 of Public Law 109-59 (119 Stat. 1144,
1510) is amended--
(1) in paragraph (1) by striking ``expenditures'' each
place that it appears and inserting ``allocations''; and
(2) in paragraph (2) by striking ``expenditure'' and
inserting ``allocation''.
Sec. 1202. A recipient and subrecipient of funds appropriated in
Public Law 111-5 and apportioned pursuant to section 5311 and section
5336 (other than subsection (i)(1) and (j)) of title 49, United States
Code, may use up to 10 percent of the amount apportioned for the
operating costs of equipment and facilities for use in public
transportation: Provided, That a grant obligating such funds prior to
the date of the enactment of this Act may be amended to allow a
recipient and subrecipient to use the funds made available for
operating assistance: Provided further, That such funds are designated
as an emergency requirement pursuant to section 403 of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
Sec. 1203. Public Law 110-329, under the heading ``Project-Based
Rental Assistance'', is amended by striking ``project-based vouchers''
and all that follows up to the period and inserting ``activities and
assistance for the provision of tenant-based rental assistance,
including related administrative expenses, as authorized under the
United States Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.),
$80,000,000, to remain available until expended: Provided, That such
funds shall be made available within 60 days of the enactment of this
Act: Provided further, That in carrying out the activities authorized
under this heading, the Secretary shall waive section (o)(13)(B) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))'':
Provided, That such additional funds are designated as an emergency
requirement pursuant to section 403 of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
Sec. 1204. Public Law 111-5 is amended by striking the second
proviso under the heading ``HOME Investment Partnerships Program'' and
inserting ``Provided further, That the housing credit agencies in each
State shall distribute these funds competitively under this heading and
pursuant to their qualified allocation plan (as defined in section
42(m) of the Internal Revenue Code of 1986) to owners of projects who
have received or receive simultaneously an award of low-income housing
tax credits under sections 42(h) and 1400N of the Internal Revenue Code
of 1986:''.
TITLE XIII
OTHER MATTERS
INTERNATIONAL ASSISTANCE PROGRAMS
INTERNATIONAL MONETARY PROGRAMS
United States Quota, International Monetary Fund
For an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 4,973,100,000 Special Drawing
Rights, to remain available until expended: Provided, That the cost of
the amounts provided herein shall be determined as provided under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): Provided
further, That for purposes of section 502(5) of the Federal Credit
Reform Act of 1990, the discount rate in section 502(5)(E) shall be
adjusted for market risks: Provided further, That section 504(b) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply.
Loans to International Monetary Fund
For loans to the International Monetary Fund under section
17(a)(ii) and (b)(ii) of the Bretton Woods Agreements Act (Public Law
87-490, 22 U.S.C. 286e-2), as amended by this Act pursuant to the New
Arrangements to Borrow, the dollar equivalent of up to 75,000,000,000
Special Drawing Rights, to remain available until expended, in addition
to any amounts previously appropriated under section 17 of such Act:
Provided, That if the United States agrees to an expansion of its
credit arrangement in an amount less than the dollar equivalent of
75,000,000,000 Special Drawing Rights, any amount over the United
States' agreement shall not be available until further appropriated:
Provided further, That the cost of the amounts provided herein shall be
determined as provided under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et. seq.): Provided further, That for purposes of section
502(5) of the Federal Credit Reform Act of 1990, the discount rate in
section 502(5)(E) shall be adjusted for market risks: Provided further,
That section 504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661c(b)) shall not apply.
GENERAL PROVISIONS--INTERNATIONAL ASSISTANCE PROGRAMS
Sec. 1301. Section 17 of the Bretton Woods Agreements Act (22
U.S.C. 286e-2) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``In order to'';
and
(B) by adding at the end the following:
``(2) In order to carry out the purposes of a one-time
decision of the Executive Directors of the International
Monetary Fund (the Fund) to expand the resources of the New
Arrangements to Borrow, established pursuant to the decision of
January 27, 1997 referred to in paragraph (1) above, and to
make other amendments to the New Arrangements to Borrow to
achieve an expanded and more flexible New Arrangements to
Borrow as contemplated by paragraph 17 of the G-20 Leaders'
Statement of April 2, 2009 in London, the Secretary of the
Treasury is authorized to instruct the United States Executive
Director to consent to such amendments notwithstanding
subsection (d) of this section, and to make loans, in an amount
not to exceed the dollar equivalent of 75,000,000,000 Special
Drawing Rights, in addition to any amounts previously
authorized under this section and limited to such amounts as
are provided in advance in appropriations Acts, except that
prior to activation, the Secretary of the Treasury shall report
to Congress on whether supplementary resources are needed to
forestall or cope with an impairment of the international
monetary system and whether the Fund has fully explored other
means of funding, to the Fund under article VII, section 1(i),
of the Articles of Agreement of the Fund: Provided, That prior
to instructing the United States Executive Director to provide
consent to such amendments, the Secretary of the Treasury shall
consult with the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Financial Services of the House of
Representatives on the amendments to be made to the New
Arrangements to Borrow, including guidelines and criteria
governing the use of its resources; the countries that have
made commitments to contribute to the New Arrangements to
Borrow and the amount of such commitments; and the steps taken
by the United States to expand the number of countries so the
United States share of the expanded New Arrangements to Borrow
is representative of its share as of the date of enactment of
this Act: Provided further, That any loan under the authority
granted in this subsection shall be made with due regard to the
present and prospective balance of payments and reserve
position of the United States.''.
and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``For the purpose
of'';
(B) by inserting ``subsection (a)(1) of'' after
``pursuant to''; and
(C) by adding at the end the following:
``(2) For the purpose of making loans to the International
Monetary Fund pursuant to subsection (a)(2) of this section,
there is hereby authorized to be appropriated not to exceed the
dollar equivalent of 75,000,000,000 Special Drawing Rights, in
addition to any amounts previously authorized under this
section, except that prior to activation, the Secretary of the
Treasury shall report to Congress on whether supplementary
resources are needed to forestall or cope with an impairment of
the international monetary system and whether the Fund has
fully explored other means of funding, to remain available
until expended to meet calls by the Fund. Any payments made to
the United States by the Fund as a repayment on account of the
principal of a loan made under this section shall continue to
be available for loans to the Fund.''.
Sec. 1302. The Bretton Woods Agreements Act (22 U.S.C. 286 et
seq.) is amended by adding at the end the following:
``SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE
FUND.
``The United States Governor of the Fund may agree to and accept
the amendments to the Articles of Agreement of the Fund as proposed in
the resolutions numbered 63-2 and 63-3 of the Board of Governors of the
Fund which were approved by such Board on April 28, 2008 and May 5,
2008, respectively.
``SEC. 65. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund may
consent to an increase in the quota of the United States in the Fund
equivalent to 4,973,100,000 Special Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.
``SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE FUND'S GOLD.
``(a) The Secretary of the Treasury is authorized to instruct the
United States Executive Director of the Fund to vote to approve the
sale of up to 12,965,649 ounces of the Fund's gold acquired since the
second Amendment to the Fund's Articles of Agreement, only if such
sales are consistent with the guidelines agreed to by the Executive
Board of the Fund described in the Report of the Managing Director to
the International Monetary and Financial Committee on a New Income and
Expenditure Framework for the International Monetary Fund (April 9,
2008) to prevent disruption to the world gold market: Provided, That
at least 30 days prior to any such vote, the Secretary shall consult
with the Committee on Foreign Relations and the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on Financial
Services of the House of Representatives regarding the use of proceeds
from the sale of such gold: Provided further, That the Secretary of
the Treasury shall seek to ensure that:
``(1) the Fund will provide support to low-income countries
that are eligible for the Poverty Reduction and Growth Facility
or other low-income lending from the Fund by making available
Fund resources of not less than $4 billion;
``(2) such Fund resources referenced above will be used to
leverage additional support by a significant multiple to
provide loans with substantial concessionality and debt service
payment relief and/or grants, as appropriate to a country's
circumstances:
``(3) support provided through forgiveness of interest on
concessional loans will be provided for not less than two
years; and
``(4) the support provided to low-income countries occurs
within six years, a substantial amount of which shall occur
within the initial two years.
``(b) In addition to agreeing to and accepting the amendments
referred to in section 64 of this Act relating to the use of proceeds
from the sale of such gold, the United States Governor is authorized,
consistent with subsection (a), to take such actions as may be
necessary, including those referred to in section 5(e) of this Act, to
also use such proceeds for the purpose of assisting low-income
countries.
``SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES OF AGREEMENT OF THE
FUND.
``The United States Governor of the Fund may agree to and accept
the amendment to the Articles of Agreement of the Fund as proposed in
the resolution numbered 54-4 of the Board of Governors of the Fund
which was approved by such Board on October 22, 1997: Provided, That
not more than one year after the acceptance of such amendments to the
Fund's Articles of Agreement, the Secretary of the Treasury shall
submit a report to the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives analyzing Special
Drawing Rights, to include a discussion of how those countries that
significantly use or acquire Special Drawing Rights in accordance with
Article XIX, Section 2(c), use or acquire them; the extent to which
countries experiencing balance of payment difficulties exchange or use
their Special Drawing Rights to acquire reserve currencies; and the
manner in which those reserve currencies are acquired when utilizing
Special Drawing Rights.''.
Sec. 1303. (a) Not later than 30 days after enactment of this Act,
the Secretary of the Treasury, in consultation with the Executive
Director of the World Bank and the Executive Board of the International
Monetary Fund (IMF), shall submit a report to the appropriate
congressional committees detailing the steps taken to coordinate the
activities of the World Bank and the IMF to avoid duplication of
missions and programs, and steps taken by the Department of the
Treasury and the IMF to increase the oversight and accountability of
IMF activities.
(b) For the purposes of this section, the ``appropriate
congressional committees'' means the Committees on Appropriations,
Banking, Housing, and Urban Affairs, and Foreign Relations of the
Senate, and the Committees on Appropriations, Foreign Affairs, and Ways
and Means of the House of Representatives.
(c) In the next report to Congress on international economic and
exchange rate policies, the Secretary of the Treasury shall: (1) report
on ways in which the IMF's surveillance function under Article IV could
be enhanced and made more effective in terms of avoiding currency
manipulation; (2) report on the feasibility and usefulness of
publishing the IMF's internal calculations of indicative exchange
rates; and (3) provide recommendations on the steps that the IMF can
take to promote global financial stability and conduct effective
multilateral surveillance.
(d) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund to use the voice
and vote of the United States to oppose any loan, project, agreement,
memorandum, instrument, plan, or other program of the Fund to a Heavily
Indebted Poor Country that imposes budget caps or restraints that do
not allow the maintenance of or an increase in governmental spending on
health care or education; and to promote government spending on health
care, education, food aid, or other critical safety net programs in all
of the Fund's activities with respect to Heavily Indebted Poor
Countries.
Sec. 1304. Each amount in this title is designated as being for
overseas deployments and other activities pursuant to sections
401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the
concurrent resolution on the budget for fiscal year 2010.
detainee photographic records protection
Sec. 1305. (a) Short Title.--This section may be cited as the
``Detainee Photographic Records Protection Act of 2009''.
(b) Definitions.--In this section:
(1) Covered record.--The term ``covered record'' means any
record--
(A) that is a photograph that was taken between
September 11, 2001 and January 22, 2009 relating to the
treatment of individuals engaged, captured, or detained
after September 11, 2001, by the Armed Forces of the
United States in operations outside of the United
States; and
(B) for which a certification by the Secretary of
Defense under subsection (c) is in effect.
(2) Photograph.--The term ``photograph'' encompasses all
photographic images, whether originals or copies, including
still photographs, negatives, digital images, films, video
tapes, and motion pictures.
(c) Certification.--
(1) In general.--For any photograph described under
subsection (b)(1)(A), the Secretary of Defense shall certify,
if the Secretary of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff, determines that the disclosure of
that photograph would endanger--
(A) citizens of the United States; or
(B) members of the Armed Forces or employees of the
United States Government deployed outside the United
States.
(2) Certification expiration.--A certification submitted
under paragraph (1) and a renewal of a certification submitted
under paragraph (3) shall expire 3 years after the date on
which the certification or renewal, as the case may be, is
submitted to the President.
(3) Certification renewal.--The Secretary of Defense may
submit to the President--
(A) a renewal of a certification in accordance with
paragraph (1) at any time; and
(B) more than 1 renewal of a certification.
(4) Certification renewal.--A timely notice of the
Secretary's certification shall be provided to Congress.
(d) Nondisclosure of Detainee Records.--A covered record shall not
be subject to--
(1) disclosure under section 552 of title 5, United States
Code (commonly referred to as the Freedom of Information Act);
or
(2) disclosure under any proceeding under that section.
(e) Nothing in this section shall be construed to preclude the
voluntary disclosure of a covered record.
(f) Effective Date.--This section shall take effect on the date of
enactment of this Act and apply to any photograph created before, on,
or after that date that is a covered record.
short title
Sec. 1306. This section may be cited as the ``OPEN FOIA Act of
2009''.
specific citations in statutory exemptions
Sec. 1307. Section 552(b) of title 5, United States Code, is
amended by striking paragraph (3) and inserting the following:
``(3) specifically exempted from disclosure by statute
(other than section 552b of this title), if that statute--
``(A)(i) requires that the matters be withheld from
the public in such a manner as to leave no discretion
on the issue; or
``(ii) establishes particular criteria for
withholding or refers to particular types of
matters to be withheld; and
``(B) if enacted after the date of enactment of the
OPEN FOIA Act of 2009, specifically cites to this
paragraph.''.
GENERAL PROVISION--THIS ACT
availability of funds
Sec. 1308. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
This Act may be cited as the ``Supplemental Appropriations Act,
2009''.
Attest:
Secretary.
111th CONGRESS
1st Session
H.R. 2346
_______________________________________________________________________
AMENDMENT