[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2346 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 2346
_______________________________________________________________________
AN ACT
Making supplemental appropriations for the fiscal year ending September
30, 2009, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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--DEFENSE MATTERS
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$10,924,641,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,716,827,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,577,850,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,783,208,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$381,155,000.
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'',
$16,943,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$1,373,273,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $101,360,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$14,024,703,000.
Operation and Maintenance, Navy
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Navy'',
$2,367,959,000: Provided, That up to $129,503,000 may be transferred to
the Coast Guard ``Operating Expenses'' account.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,084,081,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $6,216,729,000.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $5,353,701,000, of which--
(1) not to exceed $10,000,000 shall be available for the
Combatant Commander Initiative Fund, to be used in support of
Operation Iraqi Freedom and Operation Enduring Freedom;
(2) not to exceed $810,000,000, to remain available until
expended, shall be for payments to reimburse Pakistan, Jordan,
and other key cooperating nations, for logistical, military,
and other support including access provided, or to be 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, at the discretion of the Secretary of
Defense, 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, 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 friendly foreign
forces supporting United States military operations in Iraq and
Afghanistan;
(3) not to exceed $10,000,000 shall be available for
emergencies and extraordinary expenses: Provided, That the
Secretary of Defense shall certify that such payments are
necessary for confidential military purposes; and
(4) not to exceed $350,000,000, to remain available until
September 30, 2010, shall be for counternarcotics and other
activities including assistance to other Federal agencies, on
the United States border with Mexico: Provided, That the
Secretary of Defense may transfer these funds to appropriations
for military personnel, operation and maintenance, and
procurement to be available for the same purposes as the
appropriation or fund to which transferred: Provided further,
That the Secretary of Defense may transfer up to $100,000,000
of this amount to any other Federal appropriations accounts,
with the concurrence of the head of the relevant Federal
department or agency for border-related activities: Provided
further, That the funds transferred shall be merged with and be
available for the same purposes and the same time period, as
the appropriation to which transferred: Provided further, That
this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the
funds so transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be
transferred back to this appropriation, to be merged with and
made available for the same purposes and for the time period
provided under this heading.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $101,317,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $24,318,000.
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'', $178,446,000.
Iraq Freedom Fund
(including transfer of funds)
For an additional amount for the ``Iraq Freedom Fund'',
$365,000,000, to remain available to the Secretary of Defense for
transfer until September 30, 2010, of which--
(1) not to exceed $350,000,000 shall be available for rapid
response to unforeseen, immediate warfighter needs for Iraq,
Afghanistan, and other geographic areas in which combat or
direct combat support operations for Iraq and Afghanistan occur
in order to minimize casualties and ensure mission success for
Operation Iraqi Freedom and Operation Enduring Freedom:
Provided, That these funds are available for transfer to any
other appropriations accounts of the Department of Defense to
accomplish the purposes provided herein: Provided further, That
upon a determination that all or part of the funds so
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense; and
(2) not to exceed $15,000,000 shall be available to the
Secretary of Defense to transport the remains of servicemembers
killed in combat operations: Provided, That these funds are
available for transfer to any other appropriations accounts of
the Department of Defense to accomplish the purposes provided
herein: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense.
Afghanistan Security Forces Fund
(including transfer of funds)
For an additional amount for the ``Afghanistan Security Forces
Fund'', $3,606,939,000, to remain available until September 30, 2010:
Provided, That the Secretary of Defense shall, not fewer than 15 days
prior to making any obligation or transfer from this appropriation
account, notify the congressional defense committees in writing of the
details of the proposed obligation or transfer.
Pakistan Counterinsurgency Fund
(including transfer of funds)
For the ``Pakistan Counterinsurgency Fund'', hereby established in
the Treasury of the United States, $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, to provide
assistance to the security forces of Pakistan (including the provision
of equipment, supplies, services, training, facility and infrastructure
repair, renovation, and construction) to improve the counterinsurgency
capability of Pakistan's security forces, and, on an exceptional basis,
irregular security forces: 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 the
Secretary may determine from the funds provided herein to any
appropriations available to the Department of Defense or, with the
concurrence of the Secretary of State and head of the relevant Federal
department or agency, to any other non-intelligence related Federal
account to accomplish the purposes provided herein: 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 upon determination by the
Secretary of Defense or head of other Federal department or agency,
with the concurrence of the Secretary of State, that all or part of the
funds so transferred from this appropriation are not necessary for the
purposes herein, such amounts may be transferred by the head of the
relevant Federal department or agency back to this appropriation and
shall be available for the same purposes and for the same time period
as originally appropriated: Provided further, That the authority of the
Secretary of Defense to obligate or transfer funds pursuant to this
paragraph shall apply only to the funds appropriated for such purposes
in this Act, and such authority shall not be continued beyond the
expiration date specified in the matter preceding the first proviso:
Provided further, That funds may not be obligated or transferred from
the ``Pakistan Counterinsurgency Fund'' until 15 days after the date on
which the Secretary of Defense notifies the Committees on
Appropriations of the House of Representatives and the Senate, and the
congressional defense and foreign affairs committees, in writing of the
details of the proposed obligation or transfer.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$1,285,304,000, to remain available until September 30, 2011.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$677,141,000, 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'', $2,233,871,000, 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'',
$8,039,349,000, to remain available until September 30, 2011.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$691,924,000, to remain available until September 30, 2011.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$31,698,000, 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'',
$172,095,000, to remain available until September 30, 2011.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,509,986,000, to remain available until September 30, 2011.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$5,138,268,000, to remain available until September 30, 2011.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$57,416,000, to remain available until September 30, 2011.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $183,684,000, to remain available until September 30, 2011.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$1,745,761,000, to remain available until September 30, 2011.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$200,068,000, to remain available until September 30, 2011.
National Guard and Reserve Equipment
For an additional amount for procurement of high priority items of
equipment that may be used by reserve component units for both its
combat mission and the units' mission in support of the State
governors, $500,000,000, to remain available for obligation until
September 30, 2011: Provided, That the Chiefs of the National Guard and
of the Reserve components shall, not later than 60 days after the
enactment of this Act, individually submit to the congressional defense
committees a listing of items of equipment to be procured for their
respective National Guard or Reserve component.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $73,734,000, to remain available until September
30, 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $96,231,000, to remain available until September
30, 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $92,574,000, to remain available until
September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $459,391,000, to remain available until
September 30, 2010.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$846,726,000, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,097,297,000, of which $845,508,000, to remain available until
September 30, 2009, is for operation and maintenance; of which
$50,185,000, to remain available until September 30, 2011, is for
procurement; and of which $201,604,000, to remain available until
September 30, 2010, is 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'', $137,198,000, to remain available until
expended.
Joint Improvised Explosive Device Defeat Fund
For an additional amount for ``Joint Improvised Explosive Device
Defeat Fund'', $1,316,746,000, to remain available until September 30,
2011.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For an additional amount for the ``Mine Resistant Ambush Protected
Vehicle Fund'', $4,843,000,000, 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 purposes 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 upon
determination that all or part of the funds so transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: 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.
Office of the Inspector General
For an additional amount for ``Office of the Inspector General'',
$9,551,000.
GENERAL PROVISIONS, THIS TITLE
Sec. 10001. 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. 10002. 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 $2,000,000,000 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 the authority in this section: 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
(division C of Public Law 110-329) except for the fourth proviso.
Sec. 10003. Funds appropriated by this title, or made available by
the transfer of funds in this title, 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)).
(including transfer of funds)
Sec. 10004. 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 up to $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. 10005. Supervision and administration costs associated with a
construction project funded with appropriations available for operation
and maintenance, ``Afghanistan Security Forces Fund'' or ``Iraq
Security Forces Fund'' provided in this title, and executed in direct
support of the overseas contingency operations only 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.
(including rescissions)
Sec. 10006. (a)(1) Of the funds appropriated in chapter 2 of title
IX of Public Law 110-252 under the heading, ``Iraq Security Forces
Fund'', $1,000,000,000 is rescinded.
(2) For an additional amount for ``Iraq Security Forces Fund'',
$1,000,000,000, to remain available until September 30, 2010: Provided,
That funds may not be obligated or transferred from this fund until 15
days after the date on which the Secretary of Defense notifies the
congressional defense committees in writing of the details of the
proposed obligation or transfer.
(b)(1) Of the funds appropriated in chapter 2 of title IX of Public
Law 110-252 under the heading, ``Afghanistan Security Forces Fund'',
$125,000,000 is rescinded.
(2) For an additional amount for the ``Afghanistan Security
Forces Fund'', $125,000,000, to remain available until
September 30, 2010.
Sec. 10007. Funds made available in this Act 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. 10008. (a) Beginning in fiscal year 2009, during any year in
which funds are authorized to be appropriated to carry out the
Commander's Emergency Response Program, the Secretary of Defense may
accept contributions of funds from any person, foreign government, or
international organization to carry out the Commander's Emergency
Response Program in Iraq or Afghanistan.
(b) Funds contributed pursuant to subsection (a) shall be credited
to ``Operation and Maintenance, Army''.
(c) Funds contributed pursuant to subsection (a) shall become
available during each year in which funds authorized to be appropriated
have been appropriated.
Sec. 10009. (a) Until September 30, 2009, the Secretary of Defense
may enter into an agreement with the head of an executive department or
agency that has established internship programs to reimburse that
department or agency for the costs associated with the first year of
employment of eligible military spouses into positions under the
internship program.
(b) The Secretary may provide such reimbursement to the department
or agency, from funds otherwise made available for ``Operation and
Maintenance, Defense-Wide'', including the costs of the salary,
benefits and allowances, and training of the military spouse for the
first year of employment, for eligible military spouses beginning their
internship by September 30, 2009.
(c) In this section:
(1) The term ``eligible military spouse'' means any person
married to a member of the Armed Forces on active duty at the
time of appointment, other than a person who--
(A) is legally separated from a member of the Armed
Forces under court order or statute of any State or
possession of the United States;
(B) is also a member of the Armed Forces on active
duty; or
(C) is a retired member of the Armed Forces.
(2) The term ``internship'' means a professional,
analytical, or administrative position in the Federal
Government that operates under a developmental program leading
to career advancement.
(including transfer of funds)
Sec. 10010. Notwithstanding any other provision of law, of the
funds appropriated in this title for ``Operation and Maintenance,
Defense-Wide'', the Secretary of Defense may transfer up to $30,000,000
to the Department of State ``Assistance for Europe, Eurasia and Central
Asia'' account, with the concurrence of the Secretary of State, to
provide a long-range air traffic control and safety system to support
air operations in the Kyrgyz Republic, including Manas International
Airport and Air Base: Provided, That funds transferred under this
section shall remain available until expended.
Sec. 10011. 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.
(rescissions)
Sec. 10012. (a) Of the funds appropriated in the Department of
Defense Appropriations Act, 2009 (division C of Public Law 110-329),
the following amounts are rescinded from the following accounts in the
amounts specified: ``Operation and Maintenance, Army'', $352,359,000;
``Operation and Maintenance, Navy'', $881,481,000; ``Operation and
Maintenance, Marine Corps'', $54,466,000; ``Operation and Maintenance,
Air Force'', $925,203,000; ``Operation and Maintenance, Defense-Wide'',
$81,135,000; ``Operation and Maintenance, Army Reserve'', $23,338,000;
``Operation and Maintenance, Navy Reserve'', $62,910,000; ``Operation
and Maintenance, Marine Corps Reserve'', $1,250,000; ``Operation and
Maintenance, Air Force Reserve'', $163,786,000; ``Operation and
Maintenance, Army National Guard'', $57,819,000; ``Operation and
Maintenance, Air National Guard'', $250,645,000; ``Research,
Development, Test and Evaluation, Navy'', $30,510,000; and ``Research,
Development, Test and Evaluation, Air Force'', $15,098,000.
(b)(1) Of the funds appropriated in the Department of Defense
Appropriations Act, 2008 (division A of Public Law 110-116) under the
heading ``Research, Development, Test and Evaluation, Navy'',
$5,000,000 is rescinded.
(2) Of the funds appropriated in the Department of Defense
Appropriations Act, 2009 (division C of Public Law 110-329) under the
heading ``Operation and Maintenance, Defense-Wide'', $5,000,000 is
rescinded.
(c) Of the funds appropriated in the Department of Defense
Appropriations Act, 2009 (division C of Public Law 110-329) under the
heading ``Research, Development, Test and Evaluation, Air Force'',
$100,000,000 is rescinded.
(including transfer of funds)
Sec. 10013. Upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds: Provided, That the amounts
transferred shall be made available for the same purpose as the
appropriations to which transferred, and for the same time period as
the appropriation from which transferred: Provided further, That the
funds shall be transferred between the following appropriations in the
amounts specified:
To:
``Military Personnel, Army, 2009'', $100,600,000; ``Reserve
Personnel, Army, 2009'', $41,000,000; and ``National Guard
Personnel, Army, 2009'', $9,000,000.
From:
Funds appropriated in the Department of Defense
Appropriations Act, 2009 (division C of Public Law 110-329)
under the heading ``Aircraft Procurement, Army, 2009/2011'',
$22,600,000; and under the heading ``Procurement of Ammunition,
Army, 2009/2011'', $107,100,000.
From:
Funds appropriated in the Department of Defense
Appropriations Act, 2008 (division A of Public Law 110-116)
under the heading ``Other Procurement, Army, 2008/2010'',
$20,900,000.
(rescissions)
Sec. 10014. Of the funds appropriated in the Department of Defense
Appropriations Act, 2009 (division C of Public Law 110-329), under the
heading ``Operation and Maintenance, Defense-Wide'', $181,500,000 is
rescinded.
(including transfer of funds)
Sec. 10015. (a) Retroactive Payment of Stop-Loss Special Pay.--In
addition to the amounts appropriated or otherwise made available
elsewhere in this Act, $734,400,000 is appropriated to the Department
of Defense, to remain available for obligation until expended.
Provided, That such funds shall be available to the Secretaries of the
military departments only to make the payment specified in subsection
(b) to members of the Armed Forces, including members of the reserve
components, and former and retired members under the jurisdiction of
the Secretary who, at any time during the period beginning on September
11, 2001, and ending on September 30, 2009, served on active duty while
the members' enlistment or period of obligated service was extended, or
whose eligibility for retirement was suspended, pursuant to section 123
or 12305 of title 10, United States Code, or any other provision of law
(commonly referred to as a ``stop-loss authority'') authorizing the
President to extend an enlistment or period of obligated service, or
suspend an eligibility for retirement, of a member of the uniformed
services in time of war or of national emergency declared by Congress
or the President.
(b) Payment Amount.--The amount to be paid under subsection (a) to
or on behalf of an eligible member, retired member, or former member
described in such subsection shall be $500 per month for each month or
portion of a month during the period specified in such subsection that
the member was retained on active duty as a result of application of
the stop-loss authority.
(c) Treatment of Deceased Members.--If an eligible member, retired
member, or former member described in subsection (a) dies before the
payment required by this section is made, the Secretary concerned shall
make the payment to the designated representative or estate of the
member.
(d) Exclusion of Certain Former Members.--A former member of the
Armed Forces is not eligible for a payment under this section if the
former member was discharged or released from the Armed Forces under
other than honorable conditions.
(e) Relation to Other Stop-Loss Special Pay.--A member, retired
member, or former member may not receive a payment under this section
and stop-loss special pay under section 8116 of the Department of
Defense Appropriations Act, 2009 (division C of Public Law 110-329; 122
Stat. 3646) for the same month or portion of a month during which the
member was retained on active duty as a result of application of the
stop-loss authority.
Sec. 10016. (a) Section 132 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1392) is
repealed.
(b) Notwithstanding any other provision of law, the Secretary of
the Air Force may retire C-5A aircraft from the inventory of the Air
Force 15 days after certifying to the congressional defense committees
that retiring the aircraft will not significantly increase operational
risk of not meeting the National Defense Strategy, provided that such
retirements may not reduce total strategic airlift force structure
inventory below the 292 strategic airlift aircraft level identified in
the Mobility Capability Study 2005 (MCS-05) unless otherwise addressed
in the fiscal year 2010 National Defense Authorization Act.
Sec. 10017. 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. 10018. 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. 10019. 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 a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
Sec. 10020. 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. 10021. (a) Report on Iraq Troop Drawdown Status, Goals, and
Timetable.--In recognition and support of the policy of President
Barack Obama to withdraw all United States combat brigades from Iraq by
August 31, 2010, and all United States military forces from Iraq on
December 31, 2011, Congress directs the Secretary of Defense (in
consultation with other members of the National Security Council) to
prepare a report that identifies troop drawdown status and goals and
includes--
(1) a detailed, month-by-month description of the
transition of United States military forces and equipment out
of Iraq; and
(2) a detailed, month-by-month description of the
transition of United States contractors out of Iraq.
(b) Elements of Report.--At a minimum, the Secretary of Defense
shall address the following:
(1) How the Government of Iraq is assuming the
responsibility for reconciliation initiatives as the mission of
the United States Armed Forces transitions.
(2) How the drawdown of military forces complies with the
President's planned withdrawal of combat brigades by August 31,
2010, and all United States forces by December 31, 2011.
(3) The roles and responsibilities of remaining contractors
in Iraq as the United States mission evolves, including the
anticipated number of United States contractors to remain in
Iraq after August 31, 2010, and December 31, 2011.
(c) Submission.--Not later than 90 days after the date of enactment
of this Act, and every 90 days thereafter through September 30, 2010,
the Secretary of Defense shall submit the report required by subsection
(a) and a classified annex to the report, as necessary.
TITLE II--MILITARY CONSTRUCTION, FOREIGN OPERATIONS, AND OTHER MATTERS
CHAPTER 1--AGRICULTURE
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
public law 480 title ii grants
For an additional amount for ``Public Law 480 Title II Grants'',
$500,000,000, to remain available until expended.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 20101. Amounts appropriated by section 101(a) of title I of
division B of Public Law 109-148 (119 Stat. 2747) and unobligated as of
the date of the enactment of this Act shall be available to the
Secretary of Agriculture, until expended, to provide assistance under
the emergency conservation program established under title IV of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) for expenses
related to recovery efforts in response to natural disasters.
Sec. 20102. (a)(1) For an additional amount for gross obligations
for the principal amount of direct and guaranteed 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; direct operating
loans, $400,000,000; and unsubsidized guaranteed operating loans,
$50,201,000.
(2) For an additional amount for the cost of direct and guaranteed
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; direct operating loans, $47,160,000; and
unsubsidized guaranteed operating loans, $1,250,000.
(b) Of the unobligated balances available and provided in prior
year appropriations acts for discretionary programs in the Rural
Development mission area, $71,270,000 is hereby rescinded.
CHAPTER 2--COMMERCE AND JUSTICE
DEPARTMENT OF JUSTICE
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses'', $1,648,000,
to remain available until September 30, 2010.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses'', $5,000,000,
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.
Bureau of Alcohol, Tobacco, Firearms, and Explosives
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $4,000,000,
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 PROVISION, THIS CHAPTER
(including rescission)
Sec. 20201. (a) Of the funds appropriated in chapter 2 of title I
of Public Law 110-252 under the heading ``Office of Inspector
General'', $3,000,000 is rescinded.
(b) For an additional amount for ``Office of Inspector General'',
$3,000,000, to remain available until September 30, 2010.
CHAPTER 3--ENERGY
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
strategic petroleum reserve
(transfer of funds)
For an additional amount for ``Strategic Petroleum Reserve'',
$21,585,723, to remain available until expended, to be derived by
transfer from the ``SPR Petroleum Account'' for site maintenance
activities.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
defense nuclear nonproliferation
For an additional amount for ``Defense Nuclear Nonproliferation'',
$55,000,000, to remain available until expended.
CHAPTER 4--GENERAL GOVERNMENT
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.
CHAPTER 5--HOMELAND SECURITY
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
firefighter assistance grants
For grants awarded under section 34 of the Federal Fire Prevention
and Control Act of 1974 (15 U.S.C. 2229a) in fiscal years 2009 and
2010, the Administrator of the United States Fire Administration may
waive the requirements of subsection (a)(1)(B) and subsection (c) of
such section and may award grants for the hiring, rehiring, or
retention of firefighters.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 20501. Notwithstanding sections 12112, 55102, and 55103 of
title 46, United States Code, the Secretary of the department in which
the Coast Guard is operating shall issue a certificate of documentation
with appropriate endorsement for engaging in the coastwise trade for
the drydock ALABAMA (United States official number 641504).
Sec. 20502. Notwithstanding sections 55101, 55103, and 12112 of
title 46, United States Code, the Secretary of the department in which
the Coast Guard is operating may issue a certificate of documentation
with a coastwise endorsement for the vessel MARYLAND INDEPENDENCE
(official number 662573). The coastwise endorsement issued under
authority of this section is terminated if--
(1) the vessel, or controlling interest in the person that
owns the vessel, is conveyed after the date of enactment of
this Act; or
(2) any repairs or alterations are made to the vessel
outside of the United States.
CHAPTER 6--INTERIOR AND ENVIRONMENT
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.
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.
CHAPTER 7--HEALTH AND HUMAN SERVICES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
public health and social services emergency fund
(including transfer of funds)
For an additional amount for ``Public Health and Social Services
Emergency Fund'' to prepare for and respond to an influenza pandemic,
including the development and purchase of vaccine, antivirals,
necessary medical supplies, diagnostics, and other surveillance tools
and to assist international efforts and respond to international needs
relating to the 2009-H1N1 influenza outbreak, $1,850,000,000, to remain
available until expended: Provided, That no less than $350,000,000
shall be for upgrading State and local capacity: Provided further, That
no less than $200,000,000 shall be transferred to the Centers for
Disease Control and Prevention to carry out global and domestic disease
surveillance, laboratory capacity and research, laboratory diagnostics,
risk communication, rapid response, and quarantine: Provided further,
That products purchased with these funds may, at the discretion of the
Secretary of Health and Human Services (``Secretary''), be deposited in
the Strategic National Stockpile under section 319F-2 of the Public
Health Service Act: Provided further, That notwithstanding section
496(b) of the Public Health Service Act, funds may be used for the
construction or renovation of privately owned facilities for the
production of pandemic influenza vaccine and other biologics, where the
Secretary finds such a contract necessary to secure sufficient supplies
of such vaccines or biologics: Provided further, That funds
appropriated under this heading and not specifically designated under
this heading may be transferred to, and merged with, other
appropriation accounts of the Department of Health and Human Services
and other Federal agencies, as determined by the Secretary to be
appropriate, to be used for the purposes specified under this heading
and to the fund authorized by section 319F-4 of the Public Health
Service Act: Provided further, That transfers to other Federal agencies
shall be made in consultation with the Director of the Office of
Management and Budget: Provided further, That prior to transferring any
funds under this heading, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate of any
such transfer and the planned uses of the funds: 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.
GENERAL PROVISION, THIS CHAPTER
Sec. 20701. Title II of division F of the Omnibus Appropriations
Act, 2009 (Public Law 111-8) is amended under the heading ``Children
and Families Services Programs''--
(1) by striking the first proviso in its entirety; and
(2) by striking ``Provided further'' the first place it
appears and inserting ``Provided''.
CHAPTER 8--LEGISLATIVE BRANCH
CAPITOL POLICE
general expenses
For an additional amount for ``General Expenses'', $71,606,000, to
purchase and install a new radio system for the Capitol Police to
remain available until September 30, 2012: Provided, That $6,500,000 of
these funds shall be designated as ``contingency'' and shall only be
available for obligation upon approval of the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, 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 House of
Representatives and the Senate.
CHAPTER 9--MILITARY CONSTRUCTION
DEPARTMENT OF DEFENSE
Military Construction, Army
(including rescission)
For an additional amount for ``Military Construction, Army'',
$1,407,231,000, of which $810,850,000 shall remain available until
September 30, 2010, and of which $596,381,000 for child development
centers, warrior in transition facilities, and planning and design
shall 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 of the
funds provided under this heading, not to exceed $68,081,000 shall be
available for study, planning, design, and architect and engineer
services: Provided further, That of the funds appropriated for
``Military Construction, Army'' under Public Law 110-252, $142,500,000
is rescinded.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $235,881,000, 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 of the funds provided under this heading, not to
exceed $11,000,000 shall be available for study, planning, design, and
architect and engineer services.
Military Construction, Air Force
(including rescission)
For an additional amount for ``Military Construction, Air Force'',
$279,120,000, of which $255,650,000 shall remain available until
September 30, 2010, and of which $23,470,000 for child development
centers and planning and design shall 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 of the funds provided under this heading,
not to exceed $12,070,000 shall be available for study, planning,
design, and architect and engineer services: Provided further, That of
the funds appropriated for ``Military Construction, Air Force'' under
Public Law 110-252, $30,000,000 is rescinded.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction, Defense-
Wide'', $1,086,968,000, 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 in the United States not otherwise
authorized by law: Provided further, That of the amount provided under
this heading, $30,000,000 shall be for the planning and design of a
National Security Agency data center and $1,056,968,000 shall be for
the construction of hospitals: Provided further, That not later than 30
days after the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Appropriations of both Houses of Congress
an expenditure plan for the funds provided for hospital construction
under this heading.
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 may be obligated and expended to carry out planning and
design and military construction projects not otherwise authorized by
law.
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), $263,300,000, to
remain available until expended: 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.
CHAPTER 10--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$1,016,215,000, to remain available until September 30, 2010, of which
$403,983,000 is for worldwide security protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $157,600,000 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 up to $10,900,000 of the funds made available
under this heading for public diplomacy activities should be
transferred to, and merged with, funds made available for
``International Broadcasting Operations'' for broadcasting activities
to the Pakistan-Afghanistan Border Region.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$17,123,000, to remain available until September 30, 2010, of which
$7,201,000 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:
Provided further, That the Inspector General of the United States
Department of State and the Broadcasting Board of Governors, the
Special Inspector General for Iraq Reconstruction, the Special
Inspector General for Afghanistan Reconstruction, and the Inspector
General of the United States Agency for International Development shall
coordinate and integrate the programming of funds made available under
this heading in fiscal year 2009 for oversight of programs in
Afghanistan, Pakistan and Iraq: Provided further, That the Secretary of
State shall submit to the Committees on Appropriations of the House of
Representatives and the Senate, within 30 days of completion, the
annual comprehensive audit plan for the Middle East and South Asia
developed by the Southwest Asia Joint Planning Group in accordance with
section 842 of Public Law 110-181.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $989,628,000, to remain available until expended, for
worldwide security upgrades, acquisition, and construction as
authorized: Provided, That funds made available under this heading in
this chapter shall be for providing secure diplomatic facilities and
housing for United States Mission staff in Afghanistan and Pakistan,
and for the deployment of mobile mail screening units.
International Organizations
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $836,900,000, 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'', $152,600,000,
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'',
$300,000,000, to remain available until September 30, 2010: Provided,
That $200,000,000 shall be made available for pandemic preparedness and
response: Provided further, That $100,000,000 shall be made available,
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: Provided further,
That the amounts made available under this heading in this chapter are
in addition to amounts made available for such purpose in the
Department of State, Foreign Operations and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8): Provided
further, That notwithstanding any other provision of law, to include
minimum funding requirements or funding directives, if the President
determines and reports to the Committees on Appropriations of the House
of Representatives and the Senate that the human-to-human transmission
of the H1N1 virus is efficient and sustained, and is spreading
internationally, funds made available under the headings ``Global
Health and Child Survival'', ``Development Assistance'', ``Economic
Support Fund'', and ``Millennium Challenge Corporation'' in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs may be made available to combat the H1N1 virus:
Provided further, That funds made available pursuant to the authority
of the previous proviso shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations of the House of Representatives and the Senate.
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$200,000,000, to remain available until expended.
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$2,907,500,000, to remain available until September 30, 2010, of which
up to $529,500,000 is for assistance for Pakistan: Provided, That of
the funds made available under this heading, not less than $70,000,000
shall be made available for the National Solidarity Program in
Afghanistan: Provided further, That of the funds made available under
this heading, not more than $556,000,000 may be made available for
assistance for the West Bank and Gaza, of which not to exceed
$5,000,000 may be used for administrative expenses of the United States
Agency for International Development, in addition to funds otherwise
available for such purposes, to carry out programs in the West Bank and
Gaza, and of which $2,000,000 shall be transferred, and merged with,
funds available under the heading ``United States Agency for
International Development, Funds Appropriated to the President, Office
of Inspector General'' to conduct oversight of programs in the West
Bank and Gaza: Provided further, That of the amounts made available for
assistance for the West Bank and Gaza, not more than $200,000,000 may
be made available for cash transfer assistance to the Palestinian
Authority: Provided further, That none of the funds made available
under this heading for cash transfer assistance to the Palestinian
Authority may be obligated for salaries of personnel of the Palestinian
Authority located in Gaza: Provided further, That up to $10,000,000 of
the funds made available under this heading may be made available for
disaster assistance in Burma only for humanitarian assistance to
Burmese affected by Cyclone Nargis, notwithstanding any other provision
of law: Provided further, That of the funds made available under this
heading, up to $300,000,000 may be made available for assistance for
developing countries impacted by the global financial crisis, including
Haiti, Liberia, and Indonesia.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $242,500,000, to remain available until September 30,
2010, shall be available for assistance for Georgia: Provided, That
funds appropriated under this heading shall be subject to prior
consultations with, and the regular notification procedures of, the
Committees on Appropriations of the House of Representatives and the
Senate.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $483,500,000, to remain available until September
30, 2010: Provided, That not less than $160,000,000 shall be made
available for assistance for Mexico to combat drug trafficking and
related violence and organized crime, and for judicial reform,
institution building, anti-corruption, and rule of law activities, and
shall be immediately available notwithstanding section 7045(e) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8): Provided
further, That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations of
the House of Representatives and the Senate, except that notifications
shall be transmitted at least 5 days in advance of the obligation of
any funds appropriated under this heading: Provided further, That of
the funds appropriated under this heading, not more than $106,000,000
shall be made available for security assistance for the West Bank:
Provided further, That not later than 90 days after the date of
enactment of this Act, the Secretary of State shall report to the
Committees on Appropriations of the House of Representatives and the
Senate, in classified form if necessary, on the use of assistance
provided by the United States for the training of Palestinian security
forces, including detailed descriptions of the training, curriculum,
and equipment provided; and an assessment of the training and the
performance of forces after training has been completed.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'', $98,500,000, to remain available until
September 30, 2010, of which up to $73,500,000 may be made available
for the Nonproliferation and Disarmament Fund, notwithstanding any
other provision of law, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and weapons
destruction, and shall remain available until expended: Provided, That
funds made available for the Nonproliferation and Disarmament Fund
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations of the
House of Representatives and the Senate.
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$343,000,000, to remain available until expended.
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$80,000,000, to remain available until September 30, 2010.
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.
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,349,000,000, to remain available until September 30,
2010: Provided, That not less than $310,000,000 shall be made available
for assistance for Mexico and shall be immediately available
notwithstanding section 7045(e) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8): Provided further, That funds made available
pursuant to the previous proviso shall be available notwithstanding
section 36(b) of the Arms Export Control Act: Provided further, That of
the funds appropriated under this heading not less than $150,000,000
shall be available for Jordan: Provided further, That of the funds
appropriated under this heading, not less than $555,000,000, shall be
available for grants only for Israel and shall be disbursed within 30
days of the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which $145,965,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated under this heading, not less than $260,000,000 shall be
made available for grants only for Egypt, including for border security
programs and activities in the Sinai: Provided further, That funds
appropriated pursuant to the previous proviso estimated to be outlayed
for Egypt shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York within 30 days of enactment of
this Act: Provided further, That up to $74,000,000 may be available for
Lebanon only after the Secretary of State submits to the Committees on
Appropriations of the House of Representatives and the Senate a report
on procedures established to determine eligibility of members and units
of the security forces of Lebanon to participate in United States
training and assistance programs and on the end use monitoring of all
equipment provided under such programs to the Lebanese security forces:
Provided further, That prior to the initial obligation of funds the
Secretary of State shall certify to the Committees on Appropriations of
the House of Representatives and the Senate that all practicable
efforts have been made to ensure that such assistance is not provided
to or through any individual, or private or government entity, that
advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity.
pakistan counterinsurgency capability fund
(including transfer of funds)
There is hereby established in the Treasury of the United States a
special account to be known as the ``Pakistan Counterinsurgency
Capability Fund''. For necessary expenses to carry out the provisions
of chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the
Foreign Assistance Act of 1961 and section 23 of the Arms Export
Control Act for counterinsurgency activities in Pakistan, $400,000,000,
which shall become available on September 30, 2009, and remain
available until September 30, 2010: Provided, That such funds shall be
available to the Secretary of State, with the concurrence of the
Secretary of Defense, notwithstanding any other provision of law, for
the purpose of providing assistance for Pakistan to build and maintain
the counterinsurgency capability of Pakistani security forces, and, on
an exceptional basis, irregular security forces, to include program
management and the provision of equipment, supplies, services,
training, and facility and infrastructure repair, renovation, and
construction: Provided further, That these funds may be transferred by
the Secretary of State to the Department of Defense or other Federal
departments or agencies to support counterinsurgency operations and may
be merged with and be available for the same purposes and for the same
time period as the appropriation or fund to which transferred, or may
be transferred pursuant to the authorities contained in the Foreign
Assistance Act of 1961: Provided further, That the Secretary of State
shall, not fewer than 15 days prior to making transfers from this
appropriation, notify the Committees on Appropriations of the House of
Representatives and the Senate, and the congressional defense and
foreign affairs committees, in writing of the details of any such
transfer: Provided further, That the Secretary of State shall submit
not later than 30 days after the end of each fiscal quarter to the
Committees on Appropriations of the House of Representatives and the
Senate a report summarizing, on a project-by-project basis, the
transfer of funds from this appropriation: Provided further, That upon
determination by the Secretary of Defense or head of other Federal
department or agency, with the concurrence of the Secretary of State,
that all or part of the funds so transferred from this appropriation
are not necessary for the purposes herein, such amounts may be
transferred by the head of the relevant Federal department or agency
back to this appropriation and shall be available for the same purposes
and for the same time period as originally appropriated: Provided
further, That any required notification or report may be submitted in
classified or unclassified form.
GENERAL PROVISIONS, THIS CHAPTER
extension of authorities
Sec. 21001. Funds provided by this chapter 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)).
allocations
Sec. 21002. (a) Funds provided in this chapter 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''.
(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 of the
House of Representatives and the Senate and section 634A of the Foreign
Assistance Act of 1961.
spending plan and notification procedures
Sec. 21003. (a) Spending Plan.--Not later than 45 days after the
date of 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 of the
House of Representatives and the Senate a report detailing planned
expenditures for funds appropriated in this chapter, except for funds
appropriated under the headings ``International Disaster Assistance''
and ``Migration and Refugee Assistance''.
(b) Notification.--Funds made available in this chapter shall be
subject to the regular notification procedures of the Committees on
Appropriations of the House of Representatives and the Senate and
section 634A of the Foreign Assistance Act of 1961.
unrwa accountability
(including transfer of funds)
Sec. 21004. (a) Limitation.--Of the funds made available in this
chapter under the heading ``Migration and Refugee Assistance'', not
more than $119,000,000 may be made available to the United Nations
Relief and Works Agency (UNRWA) for activities in the West Bank and
Gaza.
(b) Accountability Report.--The Secretary of State shall prepare
and submit to the Committees on Appropriations of the House of
Representatives and the Senate not later than 45 days after the date of
enactment of this Act a report on whether UNRWA is--
(1) continuing to utilize Operations Support Officers in
the West Bank and Gaza to inspect UNRWA installations and
report any inappropriate use;
(2) acting swiftly in dealing with staff or beneficiary
violations of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under Section 301(c) of the Foreign Assistance Act
of 1961;
(3) taking necessary and appropriate measures to ensure it
is operating in full compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961;
(4) continuing to report every six months to the Department
of State on actions it has taken to ensure conformance with the
conditions of section 301(c) of the Foreign Assistance Act of
1961;
(5) taking steps to improve the transparency of all
educational materials and supplemental educational materials
currently in use in UNRWA-administered schools;
(6) continuing to use supplemental curriculum materials in
UNRWA-supported schools and summer camps designed to promote
tolerance, non-violent conflict resolution and human rights;
(7) not engaging in operations with financial institutions,
or entities of any kind, in violation of relevant United States
law and is enhancing its transparency and financial due
diligence and diversifying its banking operations in the
region; and
(8) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in a
timely fashion the Board of Auditors' recommendations.
(c) Oversight.--Of the funds made available in this chapter under
the heading ``Economic Support Fund'' for assistance for the West Bank
and Gaza, $1,000,000 shall be transferred to, and merged with, funds
available under the heading ``Administration of Foreign Affairs, Office
of Inspector General'' for oversight of programs in the West Bank, Gaza
and surrounding region.
women and girls in afghanistan
Sec. 21005. (a) Funds made available in this chapter for assistance
for Afghanistan shall comply with sections 7062 (Women in Development)
and 7063 (Gender-Based Violence) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2009 (division H
of Public Law 111-8) and should be made available to support programs
that increase participation by women in the political process,
including at the national, regional and local levels: Provided, That
such programs should ensure participation in efforts to improve
security and political stability in Afghanistan.
(b) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate on the
steps taken to respond to the special security and development needs of
women in Afghanistan.
somalia
Sec. 21006. (a) Economic Assistance.--Of the funds made available
in this chapter under the heading ``Economic Support Fund'',
$10,000,000 shall be available for assistance for Somalia.
(b) Security Assistance.--Of the funds made available in this
chapter under the heading ``Peacekeeping Operations'' for assistance
for Somalia, $70,000,000 is available for equipment, logistical support
and facilities for the expanded African Union Mission to Somalia
(AMISOM) and for security sector reform.
(c) Report.--Not later than 45 days after the date of enactment of
this Act, the Secretary of State, in consultation with relevant Federal
departments or agencies, shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate on the
feasibility of creating an indigenous maritime capability to combat
piracy off the coast of the Horn of Africa.
(d) Notification Requirement.--Funds made available in this chapter
for assistance for Somalia shall be subject to the regular notification
procedures of the Committees on Appropriations of the House of
Representatives and the Senate.
assistance for developing countries impacted by the global financial
crisis
(including transfer of funds)
Sec. 21007. (a) Availability of Funds.--Funds made available in
this chapter for assistance for developing countries impacted by the
global financial crisis should only be made available to countries
that--
(1) have a 2007 per capita Gross National Income of $3,705
or less;
(2) have seen a contraction in predicted growth rates of 2
percent or more since 2007; and
(3) demonstrate consistent improvement on the democracy and
governance indicators as measured by the Millennium Challenge
Corporation 2009 Country Scorebook.
(b) Transfer Authorities.--Of the funds made available in this
chapter under the heading ``Economic Support Fund'' for developing
countries impacted by the global financial crisis--
(1) up to $29,000,000 may be transferred and merged with
``Development Credit Authority'', for the cost of direct loans
and loan guarantees 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 available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to $2,000,000,000: Provided
further, That the authority provided by the previous proviso is
in addition to authority provided under the heading
``Development Credit Authority'' in the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2009 (division H of Public Law 111-8): Provided further, That
up to $1,500,000 may be for administrative expenses to carry
out credit programs administered by the United States Agency
for International Development; and
(2) up to $20,000,000 may be transferred and merged with
``Overseas Private Investment Corporation Program Account'':
Provided, That the authority provided in this paragraph is in
addition to authority provided in section 7081 in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8).
(c) Report.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit a spending plan not later than 45 days after
the date of enactment of this Act to the Committees on Appropriations
of the House of Representatives and Senate, and prior to the initial
obligation of funds appropriated for countries impacted by the global
economic crisis, detailing the use of all funds on a country-by-
country, and project-by-project basis: Provided, For each project, the
report shall include (1) the projected economic impact of providing
such funds; (2) the name of the entity or implementing organization to
which funds are being provided; and (3) if funds will be provided as a
direct cash transfer to a local or national government entity: Provided
further, That funds transferred to the Development Credit Authority and
the Overseas Private Investment Corporation are subject to the
reporting requirements in section 21003.
evaluating afghan and pakistani conduct and commitment
Sec. 21008. (a) Findings Regarding Progress in Afghanistan and
Pakistan.--Congress makes the following findings:
(1) Over 40,000 American military personnel are currently
serving in Afghanistan, with the bravery and professionalism
consistent with the finest traditions of the United States
Armed Forces, and are deserving of the strong support of all
Americans.
(2) Many American service personnel have lost their lives,
and many more have been wounded in Afghanistan. The American
people will always honor their sacrifice and honor their
families.
(3) Afghanistan and Pakistan are experiencing a
deterioration of their internal security resulting from a
growing insurgency fueled by Al Qaeda, the Taliban and other
extremist networks that continue to operate along the western
border of Pakistan, including in the Federally Administered
Tribal Areas (FATA), as well as in areas under central
government authority such as Quetta in Baluchistan and Muridke
in Punjab.
(4) The United States and the international community have
welcomed and supported Pakistan's return to civilian rule after
almost nine years with the free and fair elections of February
18, 2008, and have supported the development of a democratic
government in Afghanistan.
(5) Since 2001, the United States has contributed more than
$33,000,000,000 to Afghanistan and $12,000,000,000 to Pakistan
to strengthen each country's governance, economy, education
system, healthcare services, and military.
(6) The governments of Afghanistan and Pakistan must expand
the writ of the national government across all provinces to
secure their borders, protect their population, enforce the
rule of law, and tackle the pervasive problem of corruption in
order to bring security and stability to their people.
(b) Report.--Because the stability and security of the region is
tied more to the capacity and conduct of the Afghan and Pakistani
governments and to the resolve of both societies than it is to the
policies of the United States, the President shall submit a report to
the Congress, not later than the date of submission of the fiscal year
2011 budget request, assessing whether the Governments of Afghanistan
and Pakistan are, or are not, demonstrating the necessary commitment,
capability, conduct and unity of purpose to warrant the continuation of
the President's policy announced on March 27, 2009. The President, on
the basis of information gathered and coordinated by the National
Security Council, shall advise the Congress on how that assessment
requires, or does not require, changes to that policy. The measures
used to evaluate the Afghan and Pakistani governments' record of
concrete performance shall include the following standards of
performance:
(1) Level of political consensus and unity of purpose
across ethnic, tribal, religious and party affiliations to
confront the political and security challenges facing the
region.
(2) Level of government corruption and actions taken to
eliminate it.
(3) Performance of the respective security forces in
developing a counterinsurgency capability, conducting
counterinsurgency operations and establishing population
security.
(4) Performance of the respective intelligence agencies in
cooperating with the United States on counterinsurgency and
counterterrorism operations and in purging themselves of
policies, programs and personnel that provide material support
to extremist networks that target United States troops or
undermine United States objectives in the region.
(5) Ability of the Afghan and Pakistani governments to
effectively control the territory within their respective
borders.
prohibition on assistance to hamas
Sec. 21009. (a) None of the funds made available in this chapter
may be made available for assistance to Hamas, or any entity
effectively controlled by Hamas or any power-sharing government of
which Hamas is a member.
(b) Notwithstanding the limitation of subsection (a), assistance
may be provided to a power-sharing government if the President
certifies in writing and reports to the Committees on Appropriations of
the House of Representatives and the Senate that such government,
including all of its ministers or such equivalent, has publicly
accepted and is complying with the principles contained in
subparagraphs (A) and (B) of section 620K(b)(1) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378b(b)(1)).
(c) The President may exercise the authority in section 620K(e) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2378b(e)) with respect to
the limitations of this section.
(d) Report.--Whenever the certification pursuant to subsection (b)
is exercised, the Secretary of State shall submit a report to the
Committees on Appropriations of the House of Representatives and the
Senate within 120 days of the certification and every quarter
thereafter on whether such government, including all of its ministers
or such equivalent are continuing to publically accept and comply with
the principles contained in section 620K(b)(l) (A) and (B) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2378b(b)(l)). The report
shall also detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
terms and conditions
Sec. 21010. Unless otherwise provided for in this Act, funds
appropriated or otherwise made available in this chapter shall be
available under the authorities and conditions provided in the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8), except that
sections 7070(e), with respect to funds made available for
macroeconomic growth assistance for Zimbabwe, and 7042 (a) and (c) of
such Act shall not apply to funds made available in this chapter.
TITLE III--GENERAL PROVISIONS, THIS ACT
Sec. 30001. (a) Not later than October 1, 2009, the President shall
submit to the Congress, in writing, a comprehensive plan regarding the
proposed disposition of the detention center at Naval Station,
Guantanamo Bay, Cuba, to include--
(1) a proposed disposition of individuals detained as of
April 30, 2009;
(2) a determination that such disposition does not pose a
risk that cannot be mitigated if such individual is prosecuted,
transferred or released, including a plan for such mitigation;
and
(3) a detailed analysis of the total estimated direct costs
of closing the detention facility at Naval Station, Guantanamo
Bay, Cuba, and any related costs, including the estimated costs
of detention, prosecution, security, and incarceration in the
United States of the individuals detained at such facility.
(b) The plan required under subsection (a) shall be submitted in
unclassified form, but shall include a classified annex, if necessary.
availability of funds
Sec. 30002. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
overseas deployments and emergency designations
Sec. 30003. (a) Overseas Deployments Designations.--Except as
provided in subsection (b), each amount in this Act is designated as
being for overseas deployments and other activities pursuant to
paragraphs (1) and (2) of section 423(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
(b) Emergency Designations.--Each amount in chapters 6, 7, and 8 of
title II is designated as necessary to meet emergency needs pursuant to
section 423(b) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010.
restrictions and requirements regarding the transfer and release of
guantanamo bay detainees
Sec. 30004. (a) None of the funds made available in this or any
prior Act may be used to release an individual who is detained, as of
April, 30, 2009, at Naval Station, Guantanamo Bay, Cuba, into the
continental United States, Alaska, Hawaii, or the District of Columbia.
(b) None of the funds made available in this or any prior Act may
be used to transfer an individual who is detained, as of April, 30,
2009, at Naval Station, Guantanamo Bay, Cuba, into the continental
United States, Alaska, Hawaii, or the District of Columbia, for the
purposes of detaining or prosecuting such individual until 2 months
after the plan detailed in subsection (c) is received.
(c) The President shall submit to the Congress, in writing, a
comprehensive plan regarding the proposed disposition of each
individual who is detained, as of April, 30, 2009, at Naval Station,
Guantanamo Bay, Cuba, who is not covered under subsection (d). Such
plan shall include, at a minimum, each of the following for each such
individual:
(1) The findings of an analysis regarding any risk to the
national security of the United States that is posed by the
transfer of the individual.
(2) The costs associated with not transferring the
individual in question.
(3) The legal rationale and associated court demands for
transfer.
(4) A certification by the President that any risk
described in paragraph (1) has been mitigated, together with a
full description of the plan for such mitigation.
(5) A certification by the President that the President has
submitted to the Governor and legislature of the State to which
the President intends to transfer the individual a
certification in writing at least 30 days prior to such
transfer (together with supporting documentation and
justification) that the individual does not pose a security
risk to the United States.
(d) None of the funds made available in this or any prior Act may
be used to transfer or release an individual detained at Naval Station,
Guantanamo Bay, Cuba, as of April 30, 2009, to the country of such
individual's nationality or last habitual residence or to any other
country other than the United States, unless the President submits to
the Congress, in writing, at least 30 days prior to such transfer or
release, the following information:
(1) The name of any individual to be transferred or
released and the country to which such individual is to be
transferred or released.
(2) An assessment of any risk to the national security of
the United States or its citizens, including members of the
Armed Services of the United States, that is posed by such
transfer or release and the actions taken to mitigate such
risk.
(3) The terms of any agreement with another country for
acceptance of such individual, including the amount of any
financial assistance related to such agreement.
short title
Sec. 30005. This Act may be cited as the ``Supplemental
Appropriations Act, 2009''.
Passed the House of Representatives May 14, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 2346
_______________________________________________________________________
AN ACT
Making supplemental appropriations for the fiscal year ending September
30, 2009, and for other purposes.