[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2346 Enrolled Bill (ENR)]
H.R.2346
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
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
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.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. Notwithstanding any other provision of law, amounts made
available 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) and unobligated as of the date of the
enactment of this Act shall be available to the Secretary of
Agriculture, until expended, for expenses under that program related to
recovery efforts in response to natural disasters.
Sec. 102. (a) 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.
(b) 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.
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
Trade Adjustment Assistance for Communities under subchapter A, chapter
4, title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) and Trade
Adjustment Assistance for Firms under chapter 3, title II of the Trade
Act of 1974 (19 U.S.C. 2341 et seq.).
DEPARTMENT OF JUSTICE
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'', $1,648,000,
to remain available until September 30, 2010.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses'',
$15,000,000, to remain available until September 30, 2010.
United States Marshals Service
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 Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$35,000,000, to remain available until September 30, 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 PROVISION--THIS TITLE
(including rescission)
Sec. 201. (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.
TITLE III
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,750,687,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,627,288,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$1,524,947,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,500,740,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$418,155,000.
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'',
$1,775,733,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $45,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$13,769,418,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$2,274,903,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,034,366,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $5,980,386,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $5,101,696,000, 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; and
(2) not to exceed $1,000,000,000, 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.
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'', $178,446,000.
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 obligation 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 obligating from this appropriation account, notify the
congressional defense committees in writing of the details of any such
obligation.
Pakistan Counterinsurgency Fund
(including transfer of funds)
There is hereby established in the Treasury of the United States
the ``Pakistan Counterinsurgency Fund''. For the ``Pakistan
Counterinsurgency 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 Secretary of Defense, 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 provide urgent humanitarian assistance to the people of
Pakistan only as part of civil-military training exercises for
Pakistani security forces receiving assistance under the ``Pakistan
Counterinsurgency Fund'' and to assist the Government of Pakistan in
creating such a program beginning in fiscal year 2010: 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 the
authority of the Secretary of Defense to obligate or transfer funds
pursuant to this paragraph shall apply only to funds appropriated for
such purposes in this Act (including funds appropriated by another
paragraph of this Act that are transferred to the ``Pakistan
Counterinsurgency Fund'' by such other paragraph), and such authority
shall not be continued beyond the expiration date specified in the
matter preceding the first proviso, except with respect to funds so
transferred to the ``Pakistan Counterinsurgency Fund'' by another
paragraph of this Act: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from this
appropriation account, notify the Committees on Appropriations in
writing of the details of any such transfer.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$1,192,744,000, to remain available until September 30, 2011.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$704,041,000, 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'', $1,983,971,000, 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'',
$7,113,742,000, to remain available until September 30, 2011.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$636,669,000, to remain available until September 30, 2011.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$29,498,000, 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'',
$197,193,000, to remain available until September 30, 2011.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,526,447,000, to remain available until September 30, 2011.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$4,592,068,000, to remain available 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'', $158,684,000, to remain available until September 30, 2011.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$1,802,083,000, 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: Provided, That such funds may be used only to procure high
priority items of equipment that may be used by reserve component units
for combat missions and units' missions in support of the State
governors: Provided further, 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.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the ``Mine Resistant Ambush Protected Vehicle Fund'',
$4,543,000,000, 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 10 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'', $52,935,000, to remain available until September
30, 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $136,786,000, 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'', $160,474,000, 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'', $483,304,000, 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.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,055,297,000, of which $845,508,000 is for operation and maintenance;
of which $50,185,000, to remain available until September 30, 2011, is
for procurement; and of which $159,604,000, to remain available until
September 30, 2010, is for research, development, test and evaluation:
Provided, That up to $14,360,000,000 appropriated for operation and
maintenance under this heading or any prior Act may be available for
contracts entered into under the Tricare program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $120,398,000, to remain available until
September 30, 2010.
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 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. 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)).
(including transfer of funds)
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.
(including rescissions)
Sec. 306. (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) Notwithstanding any other provision of this Act, each amount in
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.
Sec. 307. 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. 308. 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. 309. 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;
``Aircraft Procurement, Air Force, 2008/2010'', $44,000,000;
``Research, Development, Test and Evaluation, Navy, 2008/
2009'', $11,300,000;
``Research, Development, Test and Evaluation, Air Force, 2008/
2009'', $36,107,000;
``Research, Development, Test and Evaluation, Defense-Wide,
2008/2009'', $169,124,000;
``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'', $22,600,000;
``Procurement of Ammunition, Army, 2009/2011'', $107,100,000;
``Other Procurement, Army, 2009/2011'', $245,000,000;
``Procurement, Marine Corps, 2009/2011'', $10,300,000;
``Other Procurement, Air Force, 2009/2011'', $17,500,000;
``Procurement, Defense-Wide, 2009/2011'', $6,400,000;
``Research, Development, Test and Evaluation, Army, 2009/
2010'', $187,710,000;
``Research, Development, Test and Evaluation, Navy, 2009/
2010'', $217,060,000; and
``Research, Development, Test and Evaluation, Air Force, 2009/
2010'', $287,567,000.
(including transfer of funds)
Sec. 310. (a) Retroactive Stop-Loss Special Pay Compensation to
Eligible Claimants.--In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $534,400,000 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 payment of
claims 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) Claims Submission Required.--Claims for retroactive Stop-Loss
Special Pay compensation under this section shall be submitted to the
Secretary of the Military Department concerned not later than 1 year
after the date on which the implementing rules of subsection (d) take
effect. Notwithstanding any other provision of law, the Secretaries of
the military departments may not pay claims that are submitted more
than 1 year after the date on which the implementing rules of
subsection (d) take effect.
(c) 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.
(d) Rulemaking.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense shall issue rules to
expedite the payment of claims under subsection (b).
(e) 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 in accordance with section 2771 of title 10, United
States Code.
(f) 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.
(g) 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.
(h) Report on Execution.--The Secretary of Defense shall provide a
report to the congressional defense committees on the implementation of
the retroactive stop-loss benefit. The report shall include the
following: the number of claims filed, the number of claims approved,
the number of claims denied, the number of claims still pending, the
amount of funding that has been obligated, the amount of funding still
available for this purpose, and the average payment provided. This
report is due 1 year after the date on which the implementing rules of
subsection (d) take effect, and every 6 months thereafter until all
funding provided for this purpose has been obligated and all submitted
claims have been processed.
Sec. 311. (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. 312. 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. 313. 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. 314. 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. 315. 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. 316. (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.--
(1) 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.
(2) The Secretary may submit the report required by subsection
(a) separately as provided in paragraph (1) or include the
information required by this report when submitting reports
required of the Secretary under section 9204 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 122 Stat. 2410).
(d) Extension of Related Reporting Requirement.--Section 9204(a) of
the Supplemental Appropriations Act, 2008 is amended by striking
``fiscal year 2009'' and inserting ``fiscal year 2010''.
Sec. 317. (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 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 Fund'.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Sec. 318. (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
voluntary separation incentive 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. 319. (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 Chairman and Vice Chairman of the Committee on
Appropriations of the Senate.
(5) The Speaker of the House of Representatives.
(6) The minority leader of the House of Representatives.
(7) The Chairman and Ranking Member on the Committee on Armed
Services of the House of Representatives.
(8) The Chairman and Vice Chairman of the Permanent Select
Committee on Intelligence of the House of Representatives.
(9) The Chairman and Ranking Member of the Committee on
Appropriations 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.
(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.
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, $42,875,000, 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.
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, $754,290,000, 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, to 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
$439,000,000 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.
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
weapons activities
For an additional amount for ``Weapons Activities'', $30,000,000,
to remain available until expended, to be divided among the three
national security laboratories of Livermore, Sandia and Los Alamos and
other entities to fund a sustainable capability to analyze nuclear and
biological weapons intelligence: Provided, That the Secretary of
Energy, in cooperation with the Director of National Intelligence,
shall provide a written report to the Appropriations Committees of the
House of Representatives and the Senate, the Armed Services Committees
of the House of Representatives and the Senate, the Permanent Select
Committee on Intelligence of the House of Representatives, and the
Select Committee on Intelligence of the Senate within 90 days of
enactment of this Act on how the Department of Energy will invest these
resources to sustain technical and core analytical capabilities.
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear Nonproliferation'',
$55,000,000, to remain available until expended.
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.
title 17 innovative technology loan guarantee program
Sec. 408. 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
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.
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.
INDEPENDENT AGENCIES
Financial Crisis Inquiry Commission
salaries and expenses
For the necessary expenses of the Financial Crisis Inquiry
Commission established pursuant to section 5 of the Fraud Enforcement
and Recovery Act of 2009 (Public Law 111-21), $8,000,000, to remain
available until February 15, 2011.
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.
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 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 ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'', $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
Sec. 601. 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 in the
State of Alabama for the drydock ALABAMA (United States official number
641504).
Sec. 602. 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.
(including rescission of funds)
Sec. 603. (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.
Sec. 604. 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. 605. Notwithstanding any provision under (a)(1)(A) of 15
U.S.C. 2229a specifying that grants must be used to increase the number
of firefighters in fire departments, the Secretary of Homeland Security
may, in making grants described under 15 U.S.C. 2229a for fiscal year
2009 or fiscal year 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. 606. The Administrator of the Federal Emergency Management
Agency shall extend through March 2010 reimbursement of State-run case
management programs related to Hurricanes Katrina and Rita for
individuals in such programs on April 30, 2009.
Sec. 607. 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. 608. 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 FEMA-1791-DR (issued September
13, 2008) the base period for tax determining loss of revenue may be
fiscal year 2009 or fiscal year 2010.
Sec. 609. (a) Federal Share of Disaster Assistance.--
Notwithstanding any other provision of law, including any agreement,
the Federal share of assistance, including direct Federal assistance
provided under section 406 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172), for damages resulting
from Hurricane Ike (FEMA-1791-DR and FEMA-1792-DR), shall be 90 percent
of the eligible costs under such section and shall be 100 percent of
such costs under sections 403 and 407 of such Act (42 U.S.C. 5170b and
5173).
(b) Notwithstanding any other provision of law, including any
agreement, the Federal share of assistance, including direct Federal
assistance provided under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), for
FEMA-1841-DR shall be 90 percent of the eligible costs under such
section and shall be 100 percent of such costs under sections 403 and
407 of such Act (42 U.S.C. 5170b and 5173).
(c) Notwithstanding any other provision of law, including any
agreement, the Federal share of assistance, including direct Federal
assistance provided under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172), for
FEMA-1838-DR shall be 90 percent of the eligible costs under such
section and shall be 100 percent of such costs under sections 403 and
407 of such Act (42 U.S.C. 5170b and 5173).
(d) Applicability.--The Federal share provided by subsections (a),
(b), and (c) shall apply to disaster assistance provided before, on, or
after the date of enactment of this Act.
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.
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.
GENERAL PROVISION--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''.
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.
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 in this paragraph and not specifically designated in this
paragraph 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 in this paragraph 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 15 days prior to transferring any funds in this
paragraph, 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 in this paragraph is in addition to any other
transfer authority available in this or any other Act.
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,
$5,800,000,000, to remain available until expended: Provided, That
products purchased with these funds may, at the discretion of the
Secretary of Health and Human Services, be deposited in the Strategic
National Stockpile under section 319F-2 of the Public Health Service
Act: Provided further, That funds provided in this paragraph shall be
available for obligation only in the amounts designated by the
President in one or more written notices to the Congress as emergency
funds required to address critical needs related to emerging influenza
viruses: Provided further, That funds appropriated in this paragraph
may be transferred to, and merged with, other appropriation accounts of
the Department of Health and Human Services and other Federal agencies
to be used for the purposes specified in this paragraph 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 none of the funds provided in this paragraph
shall be made available for obligation until 15 days following the
submittal of a detailed obligation plan to the Committees on
Appropriations of the House of Representatives and the Senate by the
Department of Health and Human Services or any other Federal agency
receiving funds: Provided further, That such plan shall be coordinated
with the Executive Office of the President, shall identify the amounts
and the activities for which funds are specified by the President, and
shall be subject to reprogramming procedures: Provided further, That
the transfer authority provided in this paragraph is in addition to any
other transfer authority available in this or any other Act.
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.
Sec. 802. 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''.
Sec. 803. The Commissioner of the Rehabilitation Services
Administration, or the Director of a designated State unit that has
approval to make awards under section 723 of the Rehabilitation Act,
may allocate funds appropriated under the American Reinvestment and
Recovery Act of 2009 (Public Law 111-5) (``ARRA'') for the Centers for
Independent Living Program among centers in a State without regard to
the priority in section 722(e)(3) or section 723(e)(3) of the
Rehabilitation Act of 1973 for funding new centers if the allocation is
consistent with the provisions of the State plan submitted under
section 704 of the Rehabilitation Act and approved by the Commissioner.
Such funds and other Independent Living funds available under ARRA that
are being set aside by the Department of Education for competitive
grants may be used to support multi-year grants of up to 5 years and
may be expended by any recipients of such multi-year grants during the
project period of the grant, notwithstanding any provision in the
Rehabilitation Act limiting the period of availability for obligation
or expenditure by the grantee.
(including transfer of funds)
Sec. 804. (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 $10,260,000 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.
TITLE X
DEPARTMENT OF DEFENSE
Military Construction, Army
(including rescission)
For an additional amount for ``Military Construction, Army'',
$1,326,231,000, of which $680,850,000 shall remain available until
September 30, 2010, and of which $645,381,000 for child development
centers, warrior in transition facilities, hurricane damage repair, 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 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:
Provided further, That, notwithstanding any other provision of this
Act, of the funds provided under this heading, $143,242,000 are
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, $143,242,000 are hereby
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
For an additional amount for ``Military Construction, Air Force'',
$281,620,000, of which $258,150,000 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
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'', $661,552,000, 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, $169,500,000 shall be for the construction of a National
Security Agency data center and $488,000,000 shall be for the
construction of hospitals: Provided further, That $1,589,500,000 is
hereby authorized for the National Security Agency data center for
fiscal years 2009 through 2013 for the purposes of this appropriation:
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 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), $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 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
and the National Museum of Health and Medicine, 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) Entitlement.--Section 3311 of title 38, United
States Code, is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(9) An individual who is the child of a person who, on or
after September 11, 2001, dies in line of duty while serving on
active duty as a member of the Armed Forces.''; and
(2) by adding at the end the following new subsection:
``(f) Marine Gunnery Sergeant John David Fry Scholarship.--
``(1) In general.--Educational assistance payable by reason of
paragraph (9) of subsection (b) shall be known as the `Marine
Gunnery Sergeant John David Fry scholarship'.
``(2) Definition of child.--For purposes of that paragraph, the
term `child' includes a married individual or an individual who is
above the age of twenty-three years.''.
(b) Amount.--Section 3313(c)(1) of such title is amended by
striking ``section 3311(b)(1) or 3311(b)(2)'' and inserting ``paragraph
(1), (2), or (9) of section 3311(b)''.
(c) Time Limitation for Use.--Section 3321(b) of such title is
amended by adding at the end the following new paragraph:
``(4) Applicability to children of deceased members.--The
period during which an individual entitled to educational
assistance by reason of section 3311(b)(9) may use such
individual's entitlement expires at the end of the 15-year period
beginning on the date of such individual's eighteenth birthday.''.
(d) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section shall
take effect on August 1, 2009.
(2) Applicability.--The Secretary of Veterans Affairs shall
begin making payments to individuals entitled to educational
assistance by reason of paragraph (9) of section 3311(b) of title
38, United States Code, as added by subsection (a), by not later
than August 1, 2010. In the case of an individual entitled to
educational assistance by reason of such paragraph for the period
beginning on August 1, 2009, and ending on July 31, 2010, the
Secretary shall make retroactive payments to such individual for
such period by not later than August 1, 2010.
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'',
$997,890,000, to remain available until September 30, 2010, of which
$146,358,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $137,600,000 of the 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, up
to $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.
office of inspector general
(including transfer of funds)
For an additional amount for ``Office of Inspector General'',
$24,122,000, 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: 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, 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'', $921,500,000, 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'', $157,600,000,
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'',
$150,000,000, to remain available until September 30, 2010: Provided,
That $50,000,000 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 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 that the human-to-human
transmission of the H1N1 virus is efficient and sustained, severe, 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.
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$270,000,000, to remain available until expended.
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$2,973,601,000, to remain available until September 30, 2010: Provided,
That of the funds made available under this heading for assistance for
the West Bank and Gaza, $2,000,000 shall be transferred to, 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 of the funds
appropriated under this heading, up to $10,000,000 may be made
available for humanitarian assistance in Burma for individuals and
communities impacted by Cyclone Nargis, notwithstanding any other
provision of law: Provided further, That of the funds appropriated
under this heading for assistance for Afghanistan and Pakistan,
assistance may be provided notwithstanding any provision of law that
restricts assistance to foreign countries for cross border
stabilization and development programs between Afghanistan and Pakistan
or between either country and the Central Asian republics, and shall be
administered by the Special Representative for Afghanistan and Pakistan
at the Department of State: 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'', $272,000,000, to remain available until September 30,
2010, of which $242,000,000 shall be available for assistance for
Georgia: Provided, That funds appropriated under this heading may be
made available for assistance for other Eurasian countries to meet
unanticipated requirements only if the Secretary of State determines
and reports to the Committees on Appropriations that to do so is in the
national security interests of the United States: Provided further,
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: Provided further,
That funds appropriated under this heading shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $487,500,000, 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:
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, 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 none of the funds appropriated in
this title may be made available for the cost of fuel for aircraft
provided to Mexico, or for operations and maintenance of aircraft
purchased by the Government of Mexico: Provided further, That 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.
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, of which up to $77,000,000 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:
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.
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$390,000,000, to remain available until expended.
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$185,000,000, to remain available until September 30, 2010: Provided,
That up to $168,000,000 may be made available for assistance for
Somalia, of which up to $115,900,000 may be used to pay assessed
expenses of international peacekeeping activities in Somalia: Provided
further, 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'', $1,294,000,000, to remain available until September 30,
2010: Provided, That not less than $260,000,000 shall be made available
for assistance for the Mexican Navy and shall be 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 made available for assistance 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 not later than October 30, 2009: 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 not later than October 30,
2009: Provided further, That up to $69,000,000 may be made available
for assistance for Lebanon.
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, $700,000,000,
which shall become available on September 30, 2009, and remain
available until September 30, 2011: 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
(including the Frontier Corps), to include program management and the
provision of equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction: Provided further,
That such 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, 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 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 TITLE
extension of authorities
Sec. 1101. 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)).
afghanistan
Sec. 1102. (a) In General.--Funds appropriated in this title 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) Assistance for Women and Girls.--
(1) Funds appropriated in this title for assistance for
Afghanistan shall comply with sections 7062 and 7063 of Public Law
111-8, and shall be made available to support programs that
increase participation by women in the political process, including
at the national, provincial, and sub-provincial levels, and in
efforts to improve security in Afghanistan.
(2) Of the funds appropriated for assistance for Afghanistan in
fiscal year 2009 under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not less
than $150,000,000 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.
(c) Procurement of Afghan Products and Services.--
(1) In general.--Funds made available for assistance for
Afghanistan in this title and in prior acts appropriating funds for
Department of State, foreign operations, and related programs, may
be used to conduct procurements and to award assistance instruments
in which--
(A) competition is limited to products, services, or
sources that are from Afghanistan;
(B) procedures other than competitive procedures are used
to award a contract or assistance instrument to a particular
source or sources from Afghanistan; or
(C) a preference is provided for products, services, or
sources that are from Afghanistan.
(2) Products, services, and sources from afghanistan.--For the
purposes of this section:
(A) A product is from Afghanistan if it is mined, produced,
or manufactured in Afghanistan.
(B) A service is from Afghanistan if it is performed in
Afghanistan by citizens or permanent resident aliens of
Afghanistan.
(C) A source is from Afghanistan if it--
(i) is located in Afghanistan; and
(ii) offers products or services that are from
Afghanistan.
(3) Reporting and consulting requirement.--Not less than 180
days after enactment of this Act the Secretary of State shall
submit a report to the Committees on Appropriations on efforts
undertaken by the Department of State and the United States Agency
for International Development (USAID) to utilize this authority in
order to enhance participation by Afghan entities in development
activities in Afghanistan: Provided, That the Secretary of State
and the Administrator of USAID shall consult with the Committees on
Appropriations regarding the exercise of the authority of this
subsection and prior to submitting the report required by this
paragraph: Provided further, That the exercise of such authority in
excess of $15,000,000 for any single contract or assistance
instrument is subject to the regular notification procedures of the
Committees on Appropriations.
(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 $20,000,000 of the
funds appropriated in this title should be made available to pay for
the acquisition of property for diplomatic facilities in Afghanistan.
(f) United Nations Development Program.--Funds appropriated in this
title may be made available for programs and activities of the United
Nations Development Program (UNDP) in Afghanistan if 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.
(g) National Solidarity Program.--Of the funds appropriated in this
title under the heading ``Economic Support Fund'' that are available
for assistance for Afghanistan, not less than $70,000,000 shall be made
available for the National Solidarity Program.
(h) Airwings.--The uses and oversight of aircraft purchased or
leased by the Department of State and the United States Agency for
International Development by funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations and related programs shall be coordinated under the
authority of the United States Chief of Mission in Afghanistan:
Provided, That such aircraft may be used to transport Federal and non-
Federal personnel supporting the Department of State and United States
Agency for International Development programs and activities: Provided
further, That official travel for other agencies for other purposes may
be supported on a reimbursable basis, or without reimbursement when
traveling on a space available basis.
allocations
Sec. 1103. (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 joint
statement 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 joint statement 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.
spending plan and notification procedures
Sec. 1104. (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 made available in this title shall be
subject to the regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act of 1961.
global financial crisis
Sec. 1105. (a) In General.--Of the funds appropriated in this title
under the heading ``Economic Support Fund'', not more than $255,601,000
may be made available for assistance for vulnerable populations in
developing countries severely affected by the global financial crisis
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 appropriated in this title
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 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 to, 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 Public Law 111-8.
(c) Reprogramming Authority.--Notwithstanding any other provision
of law, funds appropriated under the heading ``Millennium Challenge
Corporation'' (MCC) in prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
made available for programs and activities to assist vulnerable
populations severely affected by the global financial crisis in a
country that has signed a compact with the MCC or has been designated
by the MCC as a threshold country: Provided, That such a modification
of a compact or threshold program by the MCC should be made, if
practicable, prior to making available additional assistance for such
purposes: Provided further, That the MCC shall consult with the
Committees on Appropriations prior to exercising the authority of this
subsection.
(d) Report.--The Secretary of State, in consultation with the
Administrator of the United States Agency for International Development
(USAID), shall submit a spending plan not later than 45 days after the
date of enactment of this Act to the Committees on Appropriations, 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, That
for each project, the report shall include (1) the projected long-term
economic impact of providing such funds; (2) the name of the entity or
implementing organization to which funds are being provided; (3)
whether funds will be provided as a direct cash transfer to a local or
national government entity; and (4) an assessment of whether USAID has
reviewed its existing programs in such country to determine
reprogramming opportunities to increase assistance for vulnerable
populations: Provided further, That funds transferred to the
Development Credit Authority and the Overseas Private Investment
Corporation are subject to the reporting requirements in section 1104.
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 $15,000,000
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 to 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 in writing 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.
(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 section.
(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) of the Foreign
Assistance Act of 1961. 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. 1108. 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 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 title.
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 African Development 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 Financial Services of the House
of Representatives, 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 consult with the Secretary of State, the Administrator
of the United States Agency for International Development, and other
Federal agencies, as appropriate, in the formulation and implementation
of United States policy relating to the development activities of the
World Bank Group.
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.
refugee programs and oversight
(including transfer of funds)
Sec. 1114. (a) Funding.--Of the funds appropriated in this title
under the heading ``Migration and Refugee Assistance'', up to
$119,000,000 may be made available to the United Nations Relief and
Works Agency for activities in the West Bank and Gaza.
(b) Oversight.--Of the funds made available in this title 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.
technical and other provisions
Sec. 1115. (a) Modification.--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 from any other Federal department or
agency shall be subject to the regular notification procedures of the
Committees on Appropriations, notwithstanding any other provision of
law.
(c) Reemployment of Annuitants.--
(1) Section 824 of the Foreign Service Act of 1980 (22 U.S.C.
4064) is amended in subsection (g)(1) by inserting ``, Pakistan,''
after ``Iraq'' each place it appears; and, in subsection (g)(2) by
striking ``2009'' and inserting instead ``2010''.
(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; and, in
subsection (a)(2) by striking ``2008'' and inserting instead
``2010''.
(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; and, in
subsection (j)(1)(B) by striking ``2008'' and inserting instead
``2010''.
(d) 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, 2010.
(e) 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.
afghanistan and pakistan commitment and capabilities report
Sec. 1116. (a) Reporting Requirement.--Not later than the date of
submission of the fiscal year 2011 budget request, the President shall
submit a report to the appropriate congressional committees, 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 government corruption that undermines such
political consensus and unity of purpose, and actions taken to
eliminate it;
(3) the actions taken by 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 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 actions
outlined above.
(b) Policy Assessment.--The President, on the basis of information
gathered and coordinated by the National Security Council, shall advise
the appropriate congressional committees on how such assessment
requires, or does not require, changes to such policy.
(c) 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.
united states policy report on afghanistan and pakistan
Sec. 1117. (a) Statement of Objectives.--Not later than 90 days
after the date of the enactment of this Act, the President shall submit
to the appropriate congressional committees a clear statement of the
objectives of United States policy with respect to Afghanistan and
Pakistan, and the metrics to be utilized to assess progress toward
achieving such objectives.
(b) Reporting Requirement.--Not later than March 30, 2010 and every
180 days thereafter until September 30, 2011, the President, in
consultation with Coalition partners as appropriate, shall submit to
the appropriate congressional committees a report, in classified form
if necessary, setting forth the following:
(1) 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 in subsection
(a);
(2) any modification of the metrics in subsection (a) in light
of circumstances in Afghanistan or Pakistan, together with a
justification for such modification; and
(3) recommendations for the additional resources or
authorities, if any, required to achieve such objectives for
Afghanistan and Pakistan.
(c) Classification.--Any report submitted in classified form shall
include an unclassified annex or summary of the matters contained in
the report.
(d) Definition.--For purposes of this section, ``appropriate
congressional committees'' means--
(1) 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
(2) 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.
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(d) 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 or for eligible activities under section 5311(f):
Provided, That a grant obligating such funds on or after February 17,
2009, may be amended to allow a recipient and subrecipient to use the
funds made available for operating assistance: Provided further, That
applicable chapter 53 requirements apply, except for the Federal share
which shall be, at the option of the recipient, up to 100 percent.
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))''.
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:''.
Sec. 1205. Notwithstanding Section 1606, amounts made available
under Division A of Public Law 111-5 for the ``Public Housing Capital
Fund'' to carry out capital and management activities for public
housing agencies as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) shall be subject to 42 U.S.C.
1437j; for the ``Community Development Fund'' to carry out the
community development block grant program under title I of the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) shall be
subject to 42 U.S.C. 5310 (or a waiver under 42 U.S.C. 5307(e)(2)); for
``Native American Housing Block Grants,'' as authorized under title I
of the Native American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4111 et seq.) (``NAHASDA'') shall be subject to 25
U.S.C. 4114(b); and for a housing entity eligible to receive funding
under title VIII of NAHASDA (25 U.S.C. 4221 et seq.) shall be subject
to 25 U.S.C. 4225(b).
TITLE XIII--CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM
Sec. 1301. Short Title.--This title may be cited as the ``Consumer
Assistance to Recycle and Save Act of 2009''.
Sec. 1302. Consumer Assistance to Recycle and Save Program.--(a)
Establishment.--There is established in the National Highway Traffic
Safety Administration a voluntary program to be known as the ``Consumer
Assistance to Recycle and Save Program'' through which the Secretary,
in accordance with this section and the regulations promulgated under
subsection (d), shall--
(1) authorize the issuance of an electronic voucher, subject to
the specifications set forth in subsection (c), to offset the
purchase price or lease price for a qualifying lease of a new fuel
efficient automobile upon the surrender of an eligible trade-in
vehicle to a dealer participating in the Program;
(2) register dealers for participation in the Program and
require that all registered dealers--
(A) accept vouchers as provided in this section as partial
payment or down payment for the purchase or qualifying lease of
any new fuel efficient automobile offered for sale or lease by
that dealer; and
(B) in accordance with subsection (c)(2), to transfer each
eligible trade-in vehicle surrendered to the dealer under the
Program to an entity for disposal;
(3) in consultation with the Secretary of the Treasury, make
electronic payments to dealers for eligible transactions by such
dealers, in accordance with the regulations issued under subsection
(d); and
(4) in consultation with the Secretary of the Treasury and the
Inspector General of the Department of Transportation, establish
and provide for the enforcement of measures to prevent and penalize
fraud under the program.
(b) Qualifications for and Value of Vouchers.--A voucher issued
under the Program shall have a value that may be applied to offset the
purchase price or lease price for a qualifying lease of a new fuel
efficient automobile as follows:
(1) $3,500 value.--The voucher may be used to offset the
purchase price or lease price of the new fuel efficient automobile
by $3,500 if--
(A) the new fuel efficient automobile is a passenger
automobile and the combined fuel economy value of such
automobile is at least 4 miles per gallon higher than the
combined fuel economy value of the eligible trade-in vehicle;
(B) the new fuel efficient automobile is a category 1 truck
and the combined fuel economy value of such truck is at least 2
miles per gallon higher than the combined fuel economy value of
the eligible trade-in vehicle;
(C) the new fuel efficient automobile is a category 2 truck
that has a combined fuel economy value of at least 15 miles per
gallon and--
(i) the eligible trade-in vehicle is a category 2 truck
and the combined fuel economy value of the new fuel
efficient automobile is at least 1 mile per gallon higher
than the combined fuel economy value of the eligible trade-
in vehicle; or
(ii) the eligible trade-in vehicle is a category 3
truck of model year 2001 or earlier; or
(D) the new fuel efficient automobile is a category 3 truck
and the eligible trade-in vehicle is a category 3 truck of
model year of 2001 or earlier and is of similar size or larger
than the new fuel efficient automobile as determined in a
manner prescribed by the Secretary.
(2) $4,500 value.--The voucher may be used to offset the
purchase price or lease price of the new fuel efficient automobile
by $4,500 if--
(A) the new fuel efficient automobile is a passenger
automobile and the combined fuel economy value of such
automobile is at least 10 miles per gallon higher than the
combined fuel economy value of the eligible trade-in vehicle;
(B) the new fuel efficient automobile is a category 1 truck
and the combined fuel economy value of such truck is at least 5
miles per gallon higher than the combined fuel economy value of
the eligible trade-in vehicle; or
(C) the new fuel efficient automobile is a category 2 truck
that has a combined fuel economy value of at least 15 miles per
gallon and the combined fuel economy value of such truck is at
least 2 miles per gallon higher than the combined fuel economy
value of the eligible trade-in vehicle and the eligible trade-
in vehicle is a category 2 truck.
(c) Program Specifications.--
(1) Limitations.--
(A) General period of eligibility.--A voucher issued under
the Program shall be used only in connection with the purchase
or qualifying lease of new fuel efficient automobiles that
occur between July 1, 2009 and November 1, 2009.
(B) Number of vouchers per person and per trade-in
vehicle.--Not more than 1 voucher may be issued for a single
person and not more than 1 voucher may be issued for the joint
registered owners of a single eligible trade-in vehicle.
(C) No combination of vouchers.--Only 1 voucher issued
under the Program may be applied toward the purchase or
qualifying lease of a single new fuel efficient automobile.
(D) Cap on funds for category 3 trucks.--Not more than 7.5
percent of the total funds made available for the Program shall
be used for vouchers for the purchase or qualifying lease of
category 3 trucks.
(E) Combination with other incentives permitted.--The
availability or use of a Federal, State, or local incentive or
a State-issued voucher for the purchase or lease of a new fuel
efficient automobile shall not limit the value or issuance of a
voucher under the Program to any person otherwise eligible to
receive such a voucher.
(F) No additional fees.--A dealer participating in the
program may not charge a person purchasing or leasing a new
fuel efficient automobile any additional fees associated with
the use of a voucher under the Program.
(G) Number and amount.--The total number and value of
vouchers issued under the Program may not exceed the amounts
appropriated for such purpose.
(2) Disposition of eligible trade-in vehicles.--
(A) In general.--For each eligible trade-in vehicle
surrendered to a dealer under the Program, the dealer shall
certify to the Secretary, in such manner as the Secretary shall
prescribe by rule, that the dealer--
(i) has not and will not sell, lease, exchange, or
otherwise dispose of the vehicle for use as an automobile
in the United States or in any other country; and
(ii) will transfer the vehicle (including the engine
block), in such manner as the Secretary prescribes, to an
entity that will ensure that the vehicle--
(I) will be crushed or shredded within such period
and in such manner as the Secretary prescribes; and
(II) has not been, and will not be, sold, leased,
exchanged, or otherwise disposed of for use as an
automobile in the United States or in any other
country.
(B) Savings provision.--Nothing in subparagraph (A) may be
construed to preclude a person who is responsible for ensuring
that the vehicle is crushed or shredded from--
(i) selling any parts of the disposed vehicle other
than the engine block and drive train (unless with respect
to the drive train, the transmission, drive shaft, or rear
end are sold as separate parts); or
(ii) retaining the proceeds from such sale.
(C) Coordination.--The Secretary shall coordinate with the
Attorney General to ensure that the National Motor Vehicle
Title Information System and other publicly accessible systems
are appropriately updated on a timely basis to reflect the
crushing or shredding of vehicles under this section and
appropriate reclassification of the vehicles' titles. The
commercial market shall also have electronic and commercial
access to the vehicle identification numbers of vehicles that
have been disposed of on a timely basis.
(d) Regulations.--Notwithstanding the requirements of section 553
of title 5, United States Code, the Secretary shall promulgate final
regulations to implement the Program not later than 30 days after the
date of the enactment of this Act. Such regulations shall--
(1) provide for a means of registering dealers for
participation in the Program;
(2) establish procedures for the reimbursement of dealers
participating in the Program to be made through electronic transfer
of funds for the amount of the vouchers as soon as practicable but
no longer than 10 days after the submission of information
supporting the eligible transaction, as deemed appropriate by the
Secretary;
(3) require the dealer to use the voucher in addition to any
other rebate or discount advertised by the dealer or offered by the
manufacturer for the new fuel efficient automobile and prohibit the
dealer from using the voucher to offset any such other rebate or
discount;
(4) require dealers to disclose to the person trading in an
eligible trade-in vehicle the best estimate of the scrappage value
of such vehicle and to permit the dealer to retain $50 of any
amounts paid to the dealer for scrappage of the automobile as
payment for any administrative costs to the dealer associated with
participation in the Program;
(5) consistent with subsection (c)(2), establish requirements
and procedures for the disposal of eligible trade-in vehicles and
provide such information as may be necessary to entities engaged in
such disposal to ensure that such vehicles are disposed of in
accordance with such requirements and procedures, including--
(A) requirements for the removal and appropriate
disposition of refrigerants, antifreeze, lead products, mercury
switches, and such other toxic or hazardous vehicle components
prior to the crushing or shredding of an eligible trade-in
vehicle, in accordance with rules established by the Secretary
in consultation with the Administrator of the Environmental
Protection Agency, and in accordance with other applicable
Federal or State requirements;
(B) a mechanism for dealers to certify to the Secretary
that each eligible trade-in vehicle will be transferred to an
entity that will ensure that the vehicle is disposed of, in
accordance with such requirements and procedures, and to submit
the vehicle identification numbers of the vehicles disposed of
and the new fuel efficient automobile purchased with each
voucher;
(C) a mechanism for obtaining such other certifications as
deemed necessary by the Secretary from entities engaged in
vehicle disposal; and
(D) a list of entities to which dealers may transfer
eligible trade-in vehicles for disposal; and
(6) provide for the enforcement of the penalties described in
subsection (e).
(e) Anti-Fraud Provisions.--
(1) Violation.--It shall be unlawful for any person to violate
any provision under this section or any regulations issued pursuant
to subsection (d) (other than by making a clerical error).
(2) Penalties.--Any person who commits a violation described in
paragraph (1) shall be liable to the United States Government for a
civil penalty of not more than $15,000 for each violation. The
Secretary shall have the authority to assess and compromise such
penalties, and shall have the authority to require from any entity
the records and inspections necessary to enforce this program. In
determining the amount of the civil penalty, the severity of the
violation and the intent and history of the person committing the
violation shall be taken into account.
(f) Information to Consumers and Dealers.--Not later than 30 days
after the date of the enactment of this Act, and promptly upon the
update of any relevant information, the Secretary, in consultation with
the Administrator of the Environmental Protection Agency, shall make
available on an Internet website and through other means determined by
the Secretary information about the Program, including--
(1) how to determine if a vehicle is an eligible trade-in
vehicle;
(2) how to participate in the Program, including how to
determine participating dealers; and
(3) a comprehensive list, by make and model, of new fuel
efficient automobiles meeting the requirements of the Program.
Once such information is available, the Secretary shall conduct a
public awareness campaign to inform consumers about the Program and
where to obtain additional information.
(g) Record Keeping and Report.--
(1) Database.--The Secretary shall maintain a database of the
vehicle identification numbers of all new fuel efficient vehicles
purchased or leased and all eligible trade-in vehicles disposed of
under the Program.
(2) Report on efficacy of the program.--Not later than 60 days
after the termination date described in subsection (c)(1)(A), the
Secretary shall submit a report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate describing the
efficacy of the Program, including--
(A) a description of Program results, including--
(i) the total number and amount of vouchers issued for
purchase or lease of new fuel efficient automobiles by
manufacturer (including aggregate information concerning
the make, model, model year) and category of automobile;
(ii) aggregate information regarding the make, model,
model year, and manufacturing location of vehicles traded
in under the Program; and
(iii) the location of sale or lease;
(B) an estimate of the overall increase in fuel efficiency
in terms of miles per gallon, total annual oil savings, and
total annual greenhouse gas reductions, as a result of the
Program; and
(C) an estimate of the overall economic and employment
effects of the Program.
(h) Exclusion of Vouchers From Income.--
(1) For purposes of all federal and state programs.--A voucher
issued under this program or any payment made for such a voucher
pursuant to subsection (a)(3) shall not be regarded as income and
shall not be regarded as a resource for the month of receipt of the
voucher and the following 12 months, for purposes of determining
the eligibility of the recipient of the voucher (or the recipient's
spouse or other family or household members) for benefits or
assistance, or the amount or extent of benefits or assistance,
under any Federal or State program.
(2) For purposes of taxation.--A voucher issued under the
program or any payment made for such a voucher pursuant to
subsection (a)(3) shall not be considered as gross income of the
purchaser of a vehicle for purposes of the Internal Revenue Code of
1986.
(i) Definitions.--As used in this section--
(1) the term ``passenger automobile'' means a passenger
automobile, as defined in section 32901(a)(18) of title 49, United
States Code, that has a combined fuel economy value of at least 22
miles per gallon;
(2) the term ``category 1 truck'' means a nonpassenger
automobile, as defined in section 32901(a)(17) of title 49, United
States Code, that has a combined fuel economy value of at least 18
miles per gallon, except that such term does not include a category
2 truck;
(3) the term ``category 2 truck'' means a large van or a large
pickup, as categorized by the Secretary using the method used by
the Environmental Protection Agency and described in the report
entitled ``Light-Duty Automotive Technology and Fuel Economy
Trends: 1975 through 2008'';
(4) the term ``category 3 truck'' means a work truck, as
defined in section 32901(a)(19) of title 49, United States Code;
(5) the term ``combined fuel economy value'' means--
(A) with respect to a new fuel efficient automobile, the
number, expressed in miles per gallon, centered below the words
``Combined Fuel Economy'' on the label required to be affixed
or caused to be affixed on a new automobile pursuant to subpart
D of part 600 of title 40, Code of Federal Regulations;
(B) with respect to an eligible trade-in vehicle, the
equivalent of the number described in subparagraph (A), and
posted under the words ``Estimated New EPA MPG'' and above the
word ``Combined'' for vehicles of model year 1984 through 2007,
or posted under the words ``New EPA MPG'' and above the word
``Combined'' for vehicles of model year 2008 or later on the
fueleconomy.gov website of the Environmental Protection Agency
for the make, model, and year of such vehicle; or
(C) with respect to an eligible trade-in vehicle
manufactured between model years 1978 through 1985, the
equivalent of the number described in subparagraph (A) as
determined by the Secretary (and posted on the website of the
National Highway Traffic Safety Administration) using data
maintained by the Environmental Protection Agency for the make,
model, and year of such vehicle.
(6) the term ``dealer'' means a person licensed by a State who
engages in the sale of new automobiles to ultimate purchasers;
(7) the term ``eligible trade-in vehicle'' means an automobile
or a work truck (as such terms are defined in section 32901(a) of
title 49, United States Code) that, at the time it is presented for
trade-in under this section--
(A) is in drivable condition;
(B) has been continuously insured consistent with the
applicable State law and registered to the same owner for a
period of not less than 1 year immediately prior to such trade-
in;
(C) was manufactured less than 25 years before the date of
the trade-in; and
(D) in the case of an automobile, has a combined fuel
economy value of 18 miles per gallon or less;
(8) the term ``new fuel efficient automobile'' means an
automobile described in paragraph (1), (2), (3), or (4)--
(A) the equitable or legal title of which has not been
transferred to any person other than the ultimate purchaser;
(B) that carries a manufacturer's suggested retail price of
$45,000 or less;
(C) that--
(i) in the case of passenger automobiles, category 1
trucks, or category 2 trucks, is certified to applicable
standards under section 86.1811-04 of title 40, Code of
Federal Regulations; or
(ii) in the case of category 3 trucks, is certified to
the applicable vehicle or engine standards under section
86.1816-08, 86-007-11, or 86.008-10 of title 40, Code of
Federal Regulations; and
(D) that has the combined fuel economy value of at least--
(i) 22 miles per gallon for a passenger automobile;
(ii) 18 miles per gallon for a category 1 truck; or
(iii) 15 miles per gallon for a category 2 truck;
(9) the term ``Program'' means the Consumer Assistance to
Recycle and Save Program established by this section;
(10) the term ``qualifying lease'' means a lease of an
automobile for a period of not less than 5 years;
(11) the term ``scrappage value'' means the amount received by
the dealer for a vehicle upon transferring title of such vehicle to
the person responsible for ensuring the dismantling and destroying
of the vehicle;
(12) the term ``Secretary'' means the Secretary of
Transportation acting through the National Highway Traffic Safety
Administration;
(13) the term ``ultimate purchaser'' means, with respect to any
new automobile, the first person who in good faith purchases such
automobile for purposes other than resale;
(14) the term ``vehicle identification number'' means the 17
character number used by the automobile industry to identify
individual automobiles; and
(15) the term ``voucher'' means an electronic transfer of funds
to a dealer based on an eligible transaction under this program.
(j) Appropriation.--There is hereby appropriated to the Secretary
of Transportation $1,000,000,000, of which up to $50,000,000 is
available for administration, to remain available until expended to
carry out this section.
TITLE XIV
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)(2)
and (b)(2) 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. 1401. 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 appropriate congressional committees 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. 1402. 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 appropriate congressional committees 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 $4,000,000,000;
``(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 appropriate congressional committees 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. 1403. (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 (the Fund), shall submit a report to the appropriate
congressional committees detailing the steps taken to coordinate the
activities of the World Bank and the Fund to avoid duplication of
missions and programs, and steps taken by the Department of the
Treasury and the Fund to increase the oversight and accountability of
the Fund's activities.
(b) For the purposes of this title, ``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 Financial Services
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 Fund'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 Fund's internal calculations of indicative exchange
rates; and (3) provide recommendations on the steps that the Fund 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. 1404. Title XVI of the International Financial Institutions
Act (22 U.S.C. 262p-262p-8) is amended by adding at the end the
following: ``The Secretary of the Treasury shall instruct the United
States Executive Director at each of the International Financial
Institutions (as defined in section 1701(c)(2) of this Act) to use the
voice and vote of the United States to oppose the provision of loans or
other use of the funds of the respective institution to any country the
government of which the Secretary of State has determined, for purposes
of section 6(j) of the Export Administration Act of 1979, section 620A
of the Foreign Assistance Act of 1961, or section 40 of the Arms Export
Control Act, to be a government that has repeatedly provided support
for acts of international terrorism.''.
GENERAL PROVISIONS--THIS ACT
availability of funds
Sec. 14101. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 14102. (a) Overseas Deployments Designations.--Except as
provided in subsections (b) and (c), each amount in this Act is
designated as being for overseas deployments and other activities
pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
(b) Emergency Designations.--Each amount in titles I, II, IV, V,
VII, VIII, IX, XII, XIII, XIV, and VI except for amounts under the
heading ``Coast Guard Operating Expenses'' is designated as 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.
(c) Subsection (a) shall not apply to the amounts rescinded in
section 309 for ``Operation and Maintenance, Marine Corps'',
``Operation and Maintenance, Air Force'', and ``Operation and
Maintenance, Army Reserve''.
Sec. 14103. (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
the date of enactment of this Act, 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 the date of
enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, for the
purpose of detention in the continental United States, Alaska, Hawaii,
or the District of Columbia, except as provided in subsection (c).
(c) None of the funds made available in this or any prior Act may
be used to transfer an individual who is detained, as of the date of
enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, into the
continental United States, Alaska, Hawaii, or the District of Columbia,
for the purposes of prosecuting such individual, or detaining such
individual during legal proceedings, until 45 days after the plan
detailed in subsection (d) is received.
(d) The President shall submit to the Congress, in classified form,
a plan regarding the proposed disposition of any individual covered by
subsection (c) who is detained as of the date of enactment of this Act.
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 transferring the individual in
question.
(3) The legal rationale and associated court demands for
transfer.
(4) A plan for mitigation of any risk described in paragraph
(1).
(5) A copy of a notification to the Governor of the State to
which the individual will be transferred or to the Mayor of the
District of Columbia if the individual will be transferred to the
District of Columbia with a certification by the Attorney General
of the United States in classified form at least 14 days prior to
such transfer (together with supporting documentation and
justification) that the individual poses little or no security risk
to the United States.
(e) 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 the date of enactment of this Act, 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 classified form 15 days prior to such
transfer, 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.
(f) Prior to the termination of detention operations at Naval
Station, Guantanamo Bay, Cuba, the President shall submit to the
Congress a report in classified form describing the disposition or
legal status of each individual detained at the facility as of the date
of enactment of this Act.
This Act may be cited as the ``Supplemental Appropriations Act,
2009''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.