[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