[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2346 Reported in House (RH)]

                                                  Union Calendar No. 51
111th CONGRESS
  1st Session
                                H. R. 2346

                          [Report No. 111-105]

Making supplemental appropriations for the fiscal year ending September 
                   30, 2009, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2009

Mr. Obey, from the Committee on Appropriations, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
Making supplemental appropriations for the fiscal year ending September 
                   30, 2009, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2009, and for 
other purposes, namely:

                        TITLE I--DEFENSE MATTERS

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$10,924,641,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,716,827,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$1,577,850,000.

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,783,208,000.

                        Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$381,155,000.

                        Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$39,478,000.

                    Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$29,179,000.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$16,943,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$1,373,273,000.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $101,360,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$14,024,703,000.

                    Operation and Maintenance, Navy

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Navy'', 
$2,367,959,000: Provided, That up to $129,503,000 may be transferred to 
the Coast Guard ``Operating Expenses'' account.

                Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,084,081,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $6,216,729,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $5,353,701,000, of which--
            (1) not to exceed $10,000,000 shall be available for the 
        Combatant Commander Initiative Fund, to be used in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom;
            (2) not to exceed $810,000,000, to remain available until 
        expended, shall be for payments to reimburse Pakistan, Jordan, 
        and other key cooperating nations, for logistical, military, 
        and other support including access provided, or to be provided, 
        to United States military operations in support of Operation 
        Iraqi Freedom and Operation Enduring Freedom, notwithstanding 
        any other provision of law: Provided, That such reimbursement 
        payments may be made, at the discretion of the Secretary of 
        Defense, in such amounts as the Secretary of Defense, with the 
        concurrence of the Secretary of State, and in consultation with 
        the Director of the Office of Management and Budget, may 
        determine, based on documentation determined by the Secretary 
        of Defense to adequately account for the support provided, and 
        such determination is final and conclusive upon the accounting 
        officers of the United States, and 15 days following 
        notification to the appropriate congressional committees: 
        Provided further, That these funds may be used for the purpose 
        of providing specialized training and procuring supplies and 
        specialized equipment and providing such supplies and loaning 
        such equipment on a non-reimbursable basis to friendly foreign 
        forces supporting United States military operations in Iraq and 
        Afghanistan;
            (3) not to exceed $10,000,000 shall be available for 
        emergencies and extraordinary expenses: Provided, That the 
        Secretary of Defense shall certify that such payments are 
        necessary for confidential military purposes; and
            (4) not to exceed $350,000,000, to remain available until 
        September 30, 2010, shall be for counternarcotics and other 
        activities including assistance to other Federal agencies, on 
        the United States border with Mexico: Provided, That the 
        Secretary of Defense may transfer these funds to appropriations 
        for military personnel, operation and maintenance, and 
        procurement to be available for the same purposes as the 
        appropriation or fund to which transferred: Provided further, 
        That the Secretary of Defense may transfer up to $100,000,000 
        of this amount to any other Federal appropriations accounts, 
        with the concurrence of the head of the relevant Federal 
        department or agency for border-related activities: Provided 
        further, That the funds transferred shall be merged with and be 
        available for the same purposes and the same time period, as 
        the appropriation to which transferred: Provided further, That 
        this transfer authority is in addition to any other transfer 
        authority available to the Department of Defense: Provided 
        further, That upon a determination that all or part of the 
        funds so transferred from this appropriation are not necessary 
        for the purposes provided herein, such amounts may be 
        transferred back to this appropriation, to be merged with and 
        made available for the same purposes and for the time period 
        provided under this heading.

                Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $101,317,000.

                Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $24,318,000.

            Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $30,775,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $34,599,000.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $178,446,000.

                           Iraq Freedom Fund

                     (including transfer of funds)

    For an additional amount for the ``Iraq Freedom Fund'', 
$365,000,000, to remain available to the Secretary of Defense for 
transfer until September 30, 2010, of which--
            (1) not to exceed $350,000,000 shall be available for rapid 
        response to unforeseen, immediate warfighter needs for Iraq, 
        Afghanistan, and other geographic areas in which combat or 
        direct combat support operations for Iraq and Afghanistan occur 
        in order to minimize casualties and ensure mission success for 
        Operation Iraqi Freedom and Operation Enduring Freedom: 
        Provided, That these funds are available for transfer to any 
        other appropriations accounts of the Department of Defense to 
        accomplish the purposes provided herein: Provided further, That 
        upon a determination that all or part of the funds so 
        transferred from this appropriation are not necessary for the 
        purposes provided herein, such amounts may be transferred back 
        to this appropriation:  Provided further, That this transfer 
        authority is in addition to any other transfer authority 
        available to the Department of Defense; and
            (2) not to exceed $15,000,000 shall be available to the 
        Secretary of Defense to transport the remains of servicemembers 
        killed in combat operations: Provided, That these funds are 
        available for transfer to any other appropriations accounts of 
        the Department of Defense to accomplish the purposes provided 
        herein: Provided further, That upon a determination that all or 
        part of the funds so transferred from this appropriation are 
        not necessary for the purposes provided herein, such amounts 
        may be transferred back to this appropriation:  Provided 
        further, That this transfer authority is in addition to any 
        other transfer authority available to the Department of 
        Defense.

                    Afghanistan Security Forces Fund

                     (including transfer of funds)

    For an additional amount for the ``Afghanistan Security Forces 
Fund'', $3,606,939,000, to remain available until September 30, 2010:  
Provided, That the Secretary of Defense shall, not fewer than 15 days 
prior to making any obligation or transfer from this appropriation 
account, notify the congressional defense committees in writing of the 
details of the proposed obligation or transfer.

                    Pakistan Counterinsurgency Fund

                     (including transfer of funds)

    For the ``Pakistan Counterinsurgency Fund'', hereby established in 
the Treasury of the United States, $400,000,000, to remain available 
until September 30, 2010: Provided, That such funds shall be available 
to the Secretary of Defense, with the concurrence of the Secretary of 
State, notwithstanding any other provision of law, to provide 
assistance to the security forces of Pakistan (including the provision 
of equipment, supplies, services, training, facility and infrastructure 
repair, renovation, and construction) to improve the counterinsurgency 
capability of Pakistan's security forces, and, on an exceptional basis, 
irregular security forces: Provided further, That the authority to 
provide assistance under this provision is in addition to any other 
authority to provide assistance to foreign nations: Provided further, 
That the Secretary of Defense may transfer such amounts as the 
Secretary may determine from the funds provided herein to any 
appropriations available to the Department of Defense or, with the 
concurrence of the Secretary of State and head of the relevant Federal 
department or agency, to any other non-intelligence related Federal 
account to accomplish the purposes provided herein: Provided further, 
That funds so transferred shall be merged with and be available for the 
same purposes and for the same time period as the appropriation or fund 
to which transferred: Provided further, That upon determination by the 
Secretary of Defense or head of other Federal department or agency, 
with the concurrence of the Secretary of State, that all or part of the 
funds so transferred from this appropriation are not necessary for the 
purposes herein, such amounts may be transferred by the head of the 
relevant Federal department or agency back to this appropriation and 
shall be available for the same purposes and for the same time period 
as originally appropriated: Provided further, That the authority of the 
Secretary of Defense to obligate or transfer funds pursuant to this 
paragraph shall apply only to the funds appropriated for such purposes 
in this Act, and such authority shall not be continued beyond the 
expiration date specified in the matter preceding the first proviso: 
Provided further, That funds may not be obligated or transferred from 
the ``Pakistan Counterinsurgency Fund'' until 15 days after the date on 
which the Secretary of Defense notifies the Committees on 
Appropriations of the House of Representatives and the Senate, and the 
congressional defense and foreign affairs committees, in writing of the 
details of the proposed obligation or transfer.

                              PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$1,285,304,000, to remain available until September 30, 2011.

                       Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$677,141,000, to remain available until September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $2,233,871,000, to remain available until 
September 30, 2011.

                    Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$230,075,000, to remain available until September 30, 2011.

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$8,039,349,000, to remain available until September 30, 2011.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$691,924,000, to remain available until September 30, 2011.

                       Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$31,698,000, to remain available until September 30, 2011.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $348,919,000, to remain available until September 30, 
2011.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$172,095,000, to remain available until September 30, 2011.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$1,509,986,000, to remain available until September 30, 2011.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$5,138,268,000, to remain available until September 30, 2011.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$57,416,000, to remain available until September 30, 2011.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $183,684,000, to remain available until September 30, 2011.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$1,745,761,000, to remain available until September 30, 2011.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$200,068,000, to remain available until September 30, 2011.

                  National Guard and Reserve Equipment

    For an additional amount for procurement of high priority items of 
equipment that may be used by reserve component units for both its 
combat mission and the units' mission in support of the State 
governors, $500,000,000, to remain available for obligation until 
September 30, 2011: Provided, That the Chiefs of the National Guard and 
of the Reserve components shall, not later than 60 days after the 
enactment of this Act, individually submit to the congressional defense 
committees a listing of items of equipment to be procured for their 
respective National Guard or Reserve component.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $73,734,000, to remain available until September 
30, 2010.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $96,231,000, to remain available until September 
30, 2010.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $92,574,000, to remain available until 
September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $459,391,000, to remain available until 
September 30, 2010.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$846,726,000, to remain available until expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,097,297,000, of which $845,508,000, to remain available until 
September 30, 2009, is for operation and maintenance; of which 
$50,185,000, to remain available until September 30, 2011, is for 
procurement; and of which $201,604,000, to remain available until 
September 30, 2010, is for research, development, test and evaluation.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $137,198,000, to remain available until 
expended.

             Joint Improvised Explosive Device Defeat Fund

    For an additional amount for ``Joint Improvised Explosive Device 
Defeat Fund'', $1,316,746,000, to remain available until September 30, 
2011.

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

    For an additional amount for the ``Mine Resistant Ambush Protected 
Vehicle Fund'', $4,843,000,000, to remain available until September 30, 
2010: Provided, That such funds shall be available to the Secretary of 
Defense, notwithstanding any other provision of law, to procure, 
sustain, transport, and field Mine Resistant Ambush Protected vehicles: 
Provided further, That the Secretary shall transfer such funds only to 
appropriations for operation and maintenance; procurement; research, 
development, test and evaluation; and defense working capital funds to 
accomplish the purposes provided herein: Provided further, That this 
transfer authority is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That upon 
determination that all or part of the funds so transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That the Secretary shall, not fewer than 15 days prior to 
making transfers from this appropriation, notify the congressional 
defense committees in writing of the details of any such transfer.

                    Office of the Inspector General

    For an additional amount for ``Office of the Inspector General'', 
$9,551,000.

                     GENERAL PROVISIONS, THIS TITLE

    Sec. 10001.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2009.

                     (including transfer of funds)

    Sec. 10002.  Upon the determination of the Secretary of Defense 
that such action is necessary in the national interest, the Secretary 
may transfer between appropriations up to $2,000,000,000 of the funds 
made available to the Department of Defense in this title: Provided, 
That the Secretary shall notify the Congress promptly of each transfer 
made pursuant to the authority in this section: Provided further, That 
the authority provided in this section is in addition to any other 
transfer authority available to the Department of Defense and is 
subject to the same terms and conditions as the authority provided in 
section 8005 of the Department of Defense Appropriations Act, 2009 
(division C of Public Law 110-329) except for the fourth proviso.
    Sec. 10003.  Funds appropriated by this title, or made available by 
the transfer of funds in this title, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes of 
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
414(a)(1)).

                     (including transfer of funds)

    Sec. 10004.  During fiscal year 2009 and from funds in the Defense 
Cooperation Account, as established by 10 U.S.C. 2608, the Secretary of 
Defense may transfer up to $6,500,000 to such appropriations or funds 
of the Department of Defense as the Secretary shall determine for use 
consistent with the purposes for which such funds were contributed and 
accepted: Provided, That such amounts shall be available for the same 
time period as the appropriation to which transferred: Provided 
further, That the Secretary shall report to the Congress all transfers 
made pursuant to this authority.
    Sec. 10005.  Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance, ``Afghanistan Security Forces Fund'' or ``Iraq 
Security Forces Fund'' provided in this title, and executed in direct 
support of the overseas contingency operations only in Iraq and 
Afghanistan, may be obligated at the time a construction contract is 
awarded: Provided, That for the purpose of this section, supervision 
and administration costs include all in-house Government costs.

                        (including rescissions)

    Sec. 10006. (a)(1) Of the funds appropriated in chapter 2 of title 
IX of Public Law 110-252 under the heading, ``Iraq Security Forces 
Fund'', $1,000,000,000 is rescinded.
    (2) For an additional amount for ``Iraq Security Forces Fund'', 
$1,000,000,000, to remain available until September 30, 2010: Provided, 
That funds may not be obligated or transferred from this fund until 15 
days after the date on which the Secretary of Defense notifies the 
congressional defense committees in writing of the details of the 
proposed obligation or transfer.
    (b)(1) Of the funds appropriated in chapter 2 of title IX of Public 
Law 110-252 under the heading, ``Afghanistan Security Forces Fund'', 
$125,000,000 is rescinded.
            (2) For an additional amount for the ``Afghanistan Security 
        Forces Fund'', $125,000,000, to remain available until 
        September 30, 2010.
    Sec. 10007.  Funds made available in this Act to the Department of 
Defense for operation and maintenance may be used to purchase items 
having an investment unit cost of not more than $250,000: Provided, 
That upon determination by the Secretary of Defense that such action is 
necessary to meet the operational requirements of a Commander of a 
Combatant Command engaged in contingency operations overseas, such 
funds may be used to purchase items having an investment item unit cost 
of not more than $500,000: Provided further, That the Secretary shall 
report to the Congress all purchases made pursuant to this authority 
within 30 days of using the authority.
    Sec. 10008. (a) Beginning in fiscal year 2009, during any year in 
which funds are authorized to be appropriated to carry out the 
Commander's Emergency Response Program, the Secretary of Defense may 
accept contributions of funds from any person, foreign government, or 
international organization to carry out the Commander's Emergency 
Response Program in Iraq or Afghanistan.
    (b) Funds contributed pursuant to subsection (a) shall be credited 
to ``Operation and Maintenance, Army''.
    (c) Funds contributed pursuant to subsection (a) shall become 
available during each year in which funds authorized to be appropriated 
have been appropriated.
    Sec. 10009. (a) Until September 30, 2009, the Secretary of Defense 
may enter into an agreement with the head of an executive department or 
agency that has established internship programs to reimburse that 
department or agency for the costs associated with the first year of 
employment of eligible military spouses into positions under the 
internship program.
    (b) The Secretary may provide such reimbursement to the department 
or agency, from funds otherwise made available for ``Operation and 
Maintenance, Defense-Wide'', including the costs of the salary, 
benefits and allowances, and training of the military spouse for the 
first year of employment, for eligible military spouses beginning their 
internship by September 30, 2009.
    (c) In this section:
            (1) The term ``eligible military spouse'' means any person 
        married to a member of the Armed Forces on active duty at the 
        time of appointment, other than a person who--
                    (A) is legally separated from a member of the Armed 
                Forces under court order or statute of any State or 
                possession of the United States;
                    (B) is also a member of the Armed Forces on active 
                duty; or
                    (C) is a retired member of the Armed Forces.
            (2) The term ``internship'' means a professional, 
        analytical, or administrative position in the Federal 
        Government that operates under a developmental program leading 
        to career advancement.

                     (including transfer of funds)

    Sec. 10010.  Notwithstanding any other provision of law, of the 
funds appropriated in this title for ``Operation and Maintenance, 
Defense-Wide'', the Secretary of Defense may transfer up to $30,000,000 
to the Department of State ``Assistance for Europe, Eurasia and Central 
Asia'' account, with the concurrence of the Secretary of State, to 
provide a long-range air traffic control and safety system to support 
air operations in the Kyrgyz Republic, including Manas International 
Airport and Air Base: Provided, That funds transferred under this 
section shall remain available until expended.
    Sec. 10011.  From funds made available in this title, the Secretary 
of Defense may purchase motor vehicles for use by military and civilian 
employees of the Department of Defense in Iraq and Afghanistan, up to a 
limit of $75,000 per vehicle, notwithstanding other limitations 
applicable to passenger carrying motor vehicles.

                             (rescissions)

    Sec. 10012. (a) Of the funds appropriated in the Department of 
Defense Appropriations Act, 2009 (division C of Public Law 110-329), 
the following amounts are rescinded from the following accounts in the 
amounts specified: ``Operation and Maintenance, Army'', $352,359,000; 
``Operation and Maintenance, Navy'', $881,481,000; ``Operation and 
Maintenance, Marine Corps'', $54,466,000; ``Operation and Maintenance, 
Air Force'', $925,203,000; ``Operation and Maintenance, Defense-Wide'', 
$81,135,000; ``Operation and Maintenance, Army Reserve'', $23,338,000; 
``Operation and Maintenance, Navy Reserve'', $62,910,000; ``Operation 
and Maintenance, Marine Corps Reserve'', $1,250,000; ``Operation and 
Maintenance, Air Force Reserve'', $163,786,000; ``Operation and 
Maintenance, Army National Guard'', $57,819,000; ``Operation and 
Maintenance, Air National Guard'', $250,645,000; ``Research, 
Development, Test and Evaluation, Navy'', $30,510,000; and ``Research, 
Development, Test and Evaluation, Air Force'', $15,098,000.
    (b)(1) Of the funds appropriated in the Department of Defense 
Appropriations Act, 2008 (division A of Public Law 110-116) under the 
heading ``Research, Development, Test and Evaluation, Navy'', 
$5,000,000 is rescinded.
    (2) Of the funds appropriated in the Department of Defense 
Appropriations Act, 2009 (division C of Public Law 110-329) under the 
heading ``Operation and Maintenance, Defense-Wide'', $5,000,000 is 
rescinded.
    (c) Of the funds appropriated in the Department of Defense 
Appropriations Act, 2009 (division C of Public Law 110-329) under the 
heading ``Research, Development, Test and Evaluation, Air Force'', 
$100,000,000 is rescinded.

                     (including transfer of funds)

    Sec. 10013.  Upon enactment of this Act, the Secretary of Defense 
shall make the following transfers of funds: Provided, That the amounts 
transferred shall be made available for the same purpose as the 
appropriations to which transferred, and for the same time period as 
the appropriation from which transferred: Provided further, That the 
funds shall be transferred between the following appropriations in the 
amounts specified:
    To:
            ``Military Personnel, Army, 2009'', $100,600,000; ``Reserve 
        Personnel, Army, 2009'', $41,000,000; and ``National Guard 
        Personnel, Army, 2009'', $9,000,000.
    From:
            Funds appropriated in the Department of Defense 
        Appropriations Act, 2009 (division C of Public Law 110-329) 
        under the heading ``Aircraft Procurement, Army, 2009/2011'', 
        $22,600,000; and under the heading ``Procurement of Ammunition, 
        Army, 2009/2011'', $107,100,000.
    From:
            Funds appropriated in the Department of Defense 
        Appropriations Act, 2008 (division A of Public Law 110-116) 
        under the heading ``Other Procurement, Army, 2008/2010'', 
        $20,900,000.

                             (rescissions)

    Sec. 10014.  Of the funds appropriated in the Department of Defense 
Appropriations Act, 2009 (division C of Public Law 110-329), under the 
heading ``Operation and Maintenance, Defense-Wide'', $181,500,000 is 
rescinded.

                     (including transfer of funds)

    Sec. 10015. (a) Retroactive Payment of Stop-Loss Special Pay.--In 
addition to the amounts appropriated or otherwise made available 
elsewhere in this Act, $734,400,000 is appropriated to the Department 
of Defense, to remain available for obligation until expended. 
Provided, That such funds shall be available to the Secretaries of the 
military departments only to make the payment specified in subsection 
(b) to members of the Armed Forces, including members of the reserve 
components, and former and retired members under the jurisdiction of 
the Secretary who, at any time during the period beginning on September 
11, 2001, and ending on September 30, 2009, served on active duty while 
the members' enlistment or period of obligated service was extended, or 
whose eligibility for retirement was suspended, pursuant to section 123 
or 12305 of title 10, United States Code, or any other provision of law 
(commonly referred to as a ``stop-loss authority'') authorizing the 
President to extend an enlistment or period of obligated service, or 
suspend an eligibility for retirement, of a member of the uniformed 
services in time of war or of national emergency declared by Congress 
or the President.
    (b) Payment Amount.--The amount to be paid under subsection (a) to 
or on behalf of an eligible member, retired member, or former member 
described in such subsection shall be $500 per month for each month or 
portion of a month during the period specified in such subsection that 
the member was retained on active duty as a result of application of 
the stop-loss authority.
    (c) Treatment of Deceased Members.--If an eligible member, retired 
member, or former member described in subsection (a) dies before the 
payment required by this section is made, the Secretary concerned shall 
make the payment to the designated representative or estate of the 
member.
    (d) Exclusion of Certain Former Members.--A former member of the 
Armed Forces is not eligible for a payment under this section if the 
former member was discharged or released from the Armed Forces under 
other than honorable conditions.
    (e) Relation to Other Stop-Loss Special Pay.--A member, retired 
member, or former member may not receive a payment under this section 
and stop-loss special pay under section 8116 of the Department of 
Defense Appropriations Act, 2009 (division C of Public Law 110-329; 122 
Stat. 3646) for the same month or portion of a month during which the 
member was retained on active duty as a result of application of the 
stop-loss authority.
    Sec. 10016. (a) Section 132 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1392) is 
repealed.
    (b) Notwithstanding any other provision of law, the Secretary of 
the Air Force may retire C-5A aircraft from the inventory of the Air 
Force 15 days after certifying to the congressional defense committees 
that retiring the aircraft will not significantly increase operational 
risk of not meeting the National Defense Strategy, provided that such 
retirements may not reduce total strategic airlift force structure 
inventory below the 292 strategic airlift aircraft level identified in 
the Mobility Capability Study 2005 (MCS-05) unless otherwise addressed 
in the fiscal year 2010 National Defense Authorization Act.
    Sec. 10017.  None of the funds appropriated or otherwise made 
available by this title may be obligated or expended to provide award 
fees to any defense contractor contrary to the provisions of section 
814 of the National Defense Authorization Act, Fiscal Year 2007 (Public 
Law 109-364).
    Sec. 10018.  None of the funds provided in this title may be used 
to finance programs or activities denied by Congress in fiscal years 
2008 or 2009 appropriations to the Department of Defense or to initiate 
a procurement or research, development, test and evaluation new start 
program without prior written notification to the congressional defense 
committees.
    Sec. 10019.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by 
the United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.
    Sec. 10020.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by 
the United States Government for the purpose of establishing any 
military installation or base for the purpose of providing for the 
permanent stationing of United States Armed Forces in Afghanistan.
    Sec. 10021. (a) Report on Iraq Troop Drawdown Status, Goals, and 
Timetable.--In recognition and support of the policy of President 
Barack Obama to withdraw all United States combat brigades from Iraq by 
August 31, 2010, and all United States military forces from Iraq on 
December 31, 2011, Congress directs the Secretary of Defense (in 
consultation with other members of the National Security Council) to 
prepare a report that identifies troop drawdown status and goals and 
includes--
            (1) a detailed, month-by-month description of the 
        transition of United States military forces and equipment out 
        of Iraq; and
            (2) a detailed, month-by-month description of the 
        transition of United States contractors out of Iraq.
    (b) Elements of Report.--At a minimum, the Secretary of Defense 
shall address the following:
            (1) How the Government of Iraq is assuming the 
        responsibility for reconciliation initiatives as the mission of 
        the United States Armed Forces transitions.
            (2) How the drawdown of military forces complies with the 
        President's planned withdrawal of combat brigades by August 31, 
        2010, and all United States forces by December 31, 2011.
            (3) The roles and responsibilities of remaining contractors 
        in Iraq as the United States mission evolves, including the 
        anticipated number of United States contractors to remain in 
        Iraq after August 31, 2010, and December 31, 2011.
    (c) Submission.--Not later than 90 days after the date of enactment 
of this Act, and every 90 days thereafter through September 30, 2010, 
the Secretary of Defense shall submit the report required by subsection 
(a) and a classified annex to the report, as necessary.

 TITLE II--MILITARY CONSTRUCTION, FOREIGN OPERATIONS, AND OTHER MATTERS

                         CHAPTER 1--AGRICULTURE

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

    For an additional amount for ``Public Law 480 Title II Grants'', 
$500,000,000, to remain available until expended.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 20101.  Amounts appropriated by section 101(a) of title I of 
division B of Public Law 109-148 (119 Stat. 2747) and unobligated as of 
the date of the enactment of this Act shall be available to the 
Secretary of Agriculture, until expended, to provide assistance under 
the emergency conservation program established under title IV of the 
Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) for expenses 
related to recovery efforts in response to natural disasters.
    Sec. 20102. (a)(1) For an additional amount for gross obligations 
for the principal amount of direct and guaranteed farm ownership (7 
U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) loans, to be 
available from funds in the Agricultural Credit Insurance Fund, as 
follows: direct farm ownership loans, $360,000,000; direct operating 
loans, $400,000,000; and unsubsidized guaranteed operating loans, 
$50,201,000.
    (2) For an additional amount for the cost of direct and guaranteed 
loans, including the cost of modifying loans as defined in section 502 
of the Congressional Budget Act of 1974, as follows: direct farm 
ownership loans, $22,860,000; direct operating loans, $47,160,000; and 
unsubsidized guaranteed operating loans, $1,250,000.
    (b) Of the unobligated balances available and provided in prior 
year appropriations acts for discretionary programs in the Rural 
Development mission area, $71,270,000 is hereby rescinded.

                    CHAPTER 2--COMMERCE AND JUSTICE

                         DEPARTMENT OF JUSTICE

                            Legal Activities

            salaries and expenses, general legal activities

    For an additional amount for ``Salaries and Expenses'', $1,648,000, 
to remain available until September 30, 2010.

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses'', $5,000,000, 
to remain available until September 30, 2010.

                       National Security Division

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $1,389,000, 
to remain available until September 30, 2010.

          Bureau of Alcohol, Tobacco, Firearms, and Explosives

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $4,000,000, 
to remain available until September 30, 2010.

                         Federal Prison System

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,038,000, 
to remain available until September 30, 2010.

                    GENERAL PROVISION, THIS CHAPTER

                         (including rescission)

    Sec. 20201. (a) Of the funds appropriated in chapter 2 of title I 
of Public Law 110-252 under the heading ``Office of Inspector 
General'', $3,000,000 is rescinded.
    (b) For an additional amount for ``Office of Inspector General'', 
$3,000,000, to remain available until September 30, 2010.

                           CHAPTER 3--ENERGY

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                      strategic petroleum reserve

                          (transfer of funds)

    For an additional amount for ``Strategic Petroleum Reserve'', 
$21,585,723, to remain available until expended, to be derived by 
transfer from the ``SPR Petroleum Account'' for site maintenance 
activities.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                    defense nuclear nonproliferation

    For an additional amount for ``Defense Nuclear Nonproliferation'', 
$55,000,000, to remain available until expended.

                     CHAPTER 4--GENERAL GOVERNMENT

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                       National Security Council

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $2,936,000, 
of which $800,000 shall remain available until expended and $2,136,000 
shall remain available until September 30, 2010.

                      CHAPTER 5--HOMELAND SECURITY

                    DEPARTMENT OF HOMELAND SECURITY

                  Federal Emergency Management Agency

                     firefighter assistance grants

    For grants awarded under section 34 of the Federal Fire Prevention 
and Control Act of 1974 (15 U.S.C. 2229a) in fiscal years 2009 and 
2010, the Administrator of the United States Fire Administration may 
waive the requirements of subsection (a)(1)(B) and subsection (c) of 
such section and may award grants for the hiring, rehiring, or 
retention of firefighters.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 20501.  Notwithstanding sections 12112, 55102, and 55103 of 
title 46, United States Code, the Secretary of the department in which 
the Coast Guard is operating shall issue a certificate of documentation 
with appropriate endorsement for engaging in the coastwise trade for 
the drydock ALABAMA (United States official number 641504).
    Sec. 20502.  Notwithstanding sections 55101, 55103, and 12112 of 
title 46, United States Code, the Secretary of the department in which 
the Coast Guard is operating may issue a certificate of documentation 
with a coastwise endorsement for the vessel MARYLAND INDEPENDENCE 
(official number 662573). The coastwise endorsement issued under 
authority of this section is terminated if--
            (1) the vessel, or controlling interest in the person that 
        owns the vessel, is conveyed after the date of enactment of 
        this Act; or
            (2) any repairs or alterations are made to the vessel 
        outside of the United States.

                  CHAPTER 6--INTERIOR AND ENVIRONMENT

                       DEPARTMENT OF THE INTERIOR

                        Department-Wide Programs

                        wildland fire management

                     (including transfer of funds)

    For an additional amount to cover necessary expenses for wildfire 
suppression and emergency rehabilitation activities of the Department 
of the Interior, $50,000,000, to remain available until expended: 
Provided, That such funds shall only become available if funds provided 
previously for wildland fire suppression will be exhausted imminently 
and after the Secretary of the Interior notifies the Committees on 
Appropriations of the House of Representatives and the Senate in 
writing of the need for these additional funds: Provided further, That 
the Secretary of the Interior may transfer any of these funds to the 
Secretary of Agriculture if the transfer enhances the efficiency or 
effectiveness of Federal wildland fire suppression activities.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

                     (including transfer of funds)

    For an additional amount to cover necessary expenses for wildfire 
suppression and emergency rehabilitation activities of the Forest 
Service, $200,000,000, to remain available until expended: Provided, 
That such funds shall only become available if funds provided 
previously for wildland fire suppression will be exhausted imminently 
and after the Secretary of Agriculture notifies the Committees on 
Appropriations of the House of Representatives and the Senate in 
writing of the need for these additional funds: Provided further, That 
the Secretary of Agriculture may transfer not more than $50,000,000 of 
these funds to the Secretary of the Interior if the transfer enhances 
the efficiency or effectiveness of Federal wildland fire suppression 
activities.

                  CHAPTER 7--HEALTH AND HUMAN SERVICES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' to prepare for and respond to an influenza pandemic, 
including the development and purchase of vaccine, antivirals, 
necessary medical supplies, diagnostics, and other surveillance tools 
and to assist international efforts and respond to international needs 
relating to the 2009-H1N1 influenza outbreak, $1,850,000,000, to remain 
available until expended: Provided, That no less than $350,000,000 
shall be for upgrading State and local capacity: Provided further, That 
no less than $200,000,000 shall be transferred to the Centers for 
Disease Control and Prevention to carry out global and domestic disease 
surveillance, laboratory capacity and research, laboratory diagnostics, 
risk communication, rapid response, and quarantine: Provided further, 
That products purchased with these funds may, at the discretion of the 
Secretary of Health and Human Services (``Secretary''), be deposited in 
the Strategic National Stockpile under section 319F-2 of the Public 
Health Service Act: Provided further, That notwithstanding section 
496(b) of the Public Health Service Act, funds may be used for the 
construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccine and other biologics, where the 
Secretary finds such a contract necessary to secure sufficient supplies 
of such vaccines or biologics: Provided further, That funds 
appropriated under this heading and not specifically designated under 
this heading may be transferred to, and merged with, other 
appropriation accounts of the Department of Health and Human Services 
and other Federal agencies, as determined by the Secretary to be 
appropriate, to be used for the purposes specified under this heading 
and to the fund authorized by section 319F-4 of the Public Health 
Service Act: Provided further, That transfers to other Federal agencies 
shall be made in consultation with the Director of the Office of 
Management and Budget: Provided further, That prior to transferring any 
funds under this heading, the Secretary shall notify the Committees on 
Appropriations of the House of Representatives and the Senate of any 
such transfer and the planned uses of the funds: Provided further, That 
the transfer authority provided under this heading is in addition to 
any other transfer authority available in this or any other Act.

                    GENERAL PROVISION, THIS CHAPTER

    Sec. 20701.  Title II of division F of the Omnibus Appropriations 
Act, 2009 (Public Law 111-8) is amended under the heading ``Children 
and Families Services Programs''--
            (1) by striking the first proviso in its entirety; and
            (2) by striking ``Provided further'' the first place it 
        appears and inserting ``Provided''.

                     CHAPTER 8--LEGISLATIVE BRANCH

                             CAPITOL POLICE

                            general expenses

    For an additional amount for ``General Expenses'', $71,606,000, to 
purchase and install a new radio system for the Capitol Police to 
remain available until September 30, 2012: Provided, That $6,500,000 of 
these funds shall be designated as ``contingency'' and shall only be 
available for obligation upon approval of the Committees on 
Appropriations of the House of Representatives and the Senate: Provided 
further, That the Chief of the Capitol Police may not obligate any of 
the funds appropriated under this heading without approval of an 
obligation plan by the Committees on Appropriations of the House of 
Representatives and the Senate.

                    CHAPTER 9--MILITARY CONSTRUCTION

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

                         (including rescission)

    For an additional amount for ``Military Construction, Army'', 
$1,407,231,000, of which $810,850,000 shall remain available until 
September 30, 2010, and of which $596,381,000 for child development 
centers, warrior in transition facilities, and planning and design 
shall remain available until September 30, 2013: Provided, That 
notwithstanding any other provision of law, such funds may be obligated 
and expended to carry out planning and design and military construction 
projects not otherwise authorized by law: Provided further, That of the 
funds provided under this heading, not to exceed $68,081,000 shall be 
available for study, planning, design, and architect and engineer 
services: Provided further, That of the funds appropriated for 
``Military Construction, Army'' under Public Law 110-252, $142,500,000 
is rescinded.

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $235,881,000, to remain available until September 30, 
2013: Provided, That notwithstanding any other provision of law, such 
funds may be obligated and expended to carry out planning and design 
and military construction projects not otherwise authorized by law: 
Provided further, That of the funds provided under this heading, not to 
exceed $11,000,000 shall be available for study, planning, design, and 
architect and engineer services.

                    Military Construction, Air Force

                         (including rescission)

    For an additional amount for ``Military Construction, Air Force'', 
$279,120,000, of which $255,650,000 shall remain available until 
September 30, 2010, and of which $23,470,000 for child development 
centers and planning and design shall remain available until September 
30, 2013: Provided, That notwithstanding any other provision of law, 
such funds may be obligated and expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That of the funds provided under this heading, 
not to exceed $12,070,000 shall be available for study, planning, 
design, and architect and engineer services: Provided further, That of 
the funds appropriated for ``Military Construction, Air Force'' under 
Public Law 110-252, $30,000,000 is rescinded.

                  Military Construction, Defense-Wide

    For an additional amount for ``Military Construction, Defense-
Wide'', $1,086,968,000, to remain available until September 30, 2013: 
Provided, That notwithstanding any other provision of law, such funds 
may be obligated and expended to carry out planning and design and 
military construction projects in the United States not otherwise 
authorized by law: Provided further, That of the amount provided under 
this heading, $30,000,000 shall be for the planning and design of a 
National Security Agency data center and $1,056,968,000 shall be for 
the construction of hospitals: Provided further, That not later than 30 
days after the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Appropriations of both Houses of Congress 
an expenditure plan for the funds provided for hospital construction 
under this heading.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For an additional amount for ``North Atlantic Treaty Organization 
Security Investment Program'', $100,000,000, to remain available until 
expended: Provided, That notwithstanding any other provision of law, 
such funds may be obligated and expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law.

            Department of Defense Base Closure Account 2005

    For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), $263,300,000, to 
remain available until expended: Provided, That notwithstanding any 
other provision of law, such funds may be obligated and expended to 
carry out planning and design and military construction projects not 
otherwise authorized by law.

      CHAPTER 10--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

    For an additional amount for ``Diplomatic and Consular Programs'', 
$1,016,215,000, to remain available until September 30, 2010, of which 
$403,983,000 is for worldwide security protection and shall remain 
available until expended: Provided, That the Secretary of State may 
transfer up to $157,600,000 of the total funds made available under 
this heading to any other appropriation of any department or agency of 
the United States, upon the concurrence of the head of such department 
or agency, to support operations in and assistance for Afghanistan and 
to carry out the provisions of the Foreign Assistance Act of 1961: 
Provided further, That up to $10,900,000 of the funds made available 
under this heading for public diplomacy activities should be 
transferred to, and merged with, funds made available for 
``International Broadcasting Operations'' for broadcasting activities 
to the Pakistan-Afghanistan Border Region.

                      office of inspector general

                     (including transfer of funds)

    For an additional amount for ``Office of Inspector General'', 
$17,123,000, to remain available until September 30, 2010, of which 
$7,201,000 shall be transferred to the Special Inspector General for 
Afghanistan Reconstruction for reconstruction oversight: Provided, That 
the Special Inspector General for Afghanistan Reconstruction may 
exercise the authorities of subsections (b) through (i) of section 3161 
of title 5, United States Code (without regard to subsection (a) of 
such section) for funds made available for fiscal years 2009 and 2010: 
Provided further, That the Inspector General of the United States 
Department of State and the Broadcasting Board of Governors, the 
Special Inspector General for Iraq Reconstruction, the Special 
Inspector General for Afghanistan Reconstruction, and the Inspector 
General of the United States Agency for International Development shall 
coordinate and integrate the programming of funds made available under 
this heading in fiscal year 2009 for oversight of programs in 
Afghanistan, Pakistan and Iraq: Provided further, That the Secretary of 
State shall submit to the Committees on Appropriations of the House of 
Representatives and the Senate, within 30 days of completion, the 
annual comprehensive audit plan for the Middle East and South Asia 
developed by the Southwest Asia Joint Planning Group in accordance with 
section 842 of Public Law 110-181.

            embassy security, construction, and maintenance

    For an additional amount for ``Embassy Security, Construction, and 
Maintenance'', $989,628,000, to remain available until expended, for 
worldwide security upgrades, acquisition, and construction as 
authorized: Provided, That funds made available under this heading in 
this chapter shall be for providing secure diplomatic facilities and 
housing for United States Mission staff in Afghanistan and Pakistan, 
and for the deployment of mobile mail screening units.

                      International Organizations

        contributions for international peacekeeping activities

    For an additional amount for ``Contributions for International 
Peacekeeping Activities'', $836,900,000, to remain available until 
September 30, 2010.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

    For an additional amount for ``Operating Expenses'', $152,600,000, 
to remain available until September 30, 2010.

                        capital investment fund

    For an additional amount for ``Capital Investment Fund'', 
$48,500,000, to remain available until expended.

                      office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$3,500,000, to remain available until September 30, 2010, for oversight 
of programs in Afghanistan and Pakistan.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                    global health and child survival

    For an additional amount for ``Global Health and Child Survival'', 
$300,000,000, to remain available until September 30, 2010: Provided, 
That $200,000,000 shall be made available for pandemic preparedness and 
response: Provided further, That $100,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25), for a United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis and Malaria: Provided further, 
That the amounts made available under this heading in this chapter are 
in addition to amounts made available for such purpose in the 
Department of State, Foreign Operations and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111-8): Provided  
further, That notwithstanding any other provision of law, to include 
minimum funding requirements or funding directives, if the President 
determines and reports to the Committees on Appropriations of the House 
of Representatives and the Senate that the human-to-human transmission 
of the H1N1 virus is efficient and sustained, and is spreading 
internationally, funds made available under the headings ``Global 
Health and Child Survival'', ``Development Assistance'', ``Economic 
Support Fund'', and ``Millennium Challenge Corporation'' in prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs may be made available to combat the H1N1 virus: 
Provided further, That funds made available pursuant to the authority 
of the previous proviso shall be subject to prior consultation with, 
and the regular notification procedures of, the Committees on 
Appropriations of the House of Representatives and the Senate.

                   international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$200,000,000, to remain available until expended.

                         economic support fund

                     (including transfer of funds)

    For an additional amount for ``Economic Support Fund'', 
$2,907,500,000, to remain available until September 30, 2010, of which 
up to $529,500,000 is for assistance for Pakistan: Provided, That of 
the funds made available under this heading, not less than $70,000,000 
shall be made available for the National Solidarity Program in 
Afghanistan: Provided further, That of the funds made available under 
this heading, not more than $556,000,000 may be made available for 
assistance for the West Bank and Gaza, of which not to exceed 
$5,000,000 may be used for administrative expenses of the United States 
Agency for International Development, in addition to funds otherwise 
available for such purposes, to carry out programs in the West Bank and 
Gaza, and of which $2,000,000 shall be transferred, and merged with, 
funds available under the heading ``United States Agency for 
International Development, Funds Appropriated to the President, Office 
of Inspector General'' to conduct oversight of programs in the West 
Bank and Gaza: Provided further, That of the amounts made available for 
assistance for the West Bank and Gaza, not more than $200,000,000 may 
be made available for cash transfer assistance to the Palestinian 
Authority: Provided further, That none of the funds made available 
under this heading for cash transfer assistance to the Palestinian 
Authority may be obligated for salaries of personnel of the Palestinian 
Authority located in Gaza: Provided further, That up to $10,000,000 of 
the funds made available under this heading may be made available for 
disaster assistance in Burma only for humanitarian assistance to 
Burmese affected by Cyclone Nargis, notwithstanding any other provision 
of law: Provided further, That of the funds made available under this 
heading, up to $300,000,000 may be made available for assistance for 
developing countries impacted by the global financial crisis, including 
Haiti, Liberia, and Indonesia.

            assistance for europe, eurasia and central asia

    For an additional amount for ``Assistance for Europe, Eurasia and 
Central Asia'', $242,500,000, to remain available until September 30, 
2010, shall be available for assistance for Georgia: Provided, That 
funds appropriated under this heading shall be subject to prior 
consultations with, and the regular notification procedures of, the 
Committees on Appropriations of the House of Representatives and the 
Senate.

                          Department of State

          international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $483,500,000, to remain available until September 
30, 2010: Provided, That not less than $160,000,000 shall be made 
available for assistance for Mexico to combat drug trafficking and 
related violence and organized crime, and for judicial reform, 
institution building, anti-corruption, and rule of law activities, and 
shall be immediately available notwithstanding section 7045(e) of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111-8): Provided 
further, That funds made available pursuant to the previous proviso 
shall be made available subject to prior consultation with, and the 
regular notification procedures of, the Committees on Appropriations of 
the House of Representatives and the Senate, except that notifications 
shall be transmitted at least 5 days in advance of the obligation of 
any funds appropriated under this heading: Provided further, That of 
the funds appropriated under this heading, not more than $106,000,000 
shall be made available for security assistance for the West Bank: 
Provided further, That not later than 90 days after the date of 
enactment of this Act, the Secretary of State shall report to the 
Committees on Appropriations of the House of Representatives and the 
Senate, in classified form if necessary, on the use of assistance 
provided by the United States for the training of Palestinian security 
forces, including detailed descriptions of the training, curriculum, 
and equipment provided; and an assessment of the training and the 
performance of forces after training has been completed.

    nonproliferation, anti-terrorism, demining and related programs

    For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $98,500,000, to remain available until 
September 30, 2010, of which up to $73,500,000 may be made available 
for the Nonproliferation and Disarmament Fund, notwithstanding any 
other provision of law, to promote bilateral and multilateral 
activities relating to nonproliferation, disarmament and weapons 
destruction, and shall remain available until expended: Provided, That 
funds made available for the Nonproliferation and Disarmament Fund 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations of the 
House of Representatives and the Senate.

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$343,000,000, to remain available until expended.

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President

                        peacekeeping operations

    For an additional amount for ``Peacekeeping Operations'', 
$80,000,000, to remain available until September 30, 2010.

             international military education and training

    For an additional amount for ``International Military Education and 
Training'', $2,000,000, to remain available until September 30, 2010.

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing 
Program'', $1,349,000,000, to remain available until September 30, 
2010: Provided, That not less than $310,000,000 shall be made available 
for assistance for Mexico and shall be immediately available 
notwithstanding section 7045(e) of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2009 (division H 
of Public Law 111-8): Provided further, That funds made available 
pursuant to the previous proviso shall be available notwithstanding 
section 36(b) of the Arms Export Control Act: Provided further, That of 
the funds appropriated under this heading not less than $150,000,000 
shall be available for Jordan: Provided further, That of the funds 
appropriated under this heading, not less than $555,000,000, shall be 
available for grants only for Israel and shall be disbursed within 30 
days of the enactment of this Act: Provided further, That to the extent 
that the Government of Israel requests that funds be used for such 
purposes, grants made available for Israel by this paragraph shall, as 
agreed by the United States and Israel, be available for advanced 
weapons systems, of which $145,965,000 shall be available for the 
procurement in Israel of defense articles and defense services, 
including research and development: Provided further, That of the funds 
appropriated under this heading, not less than $260,000,000 shall be 
made available for grants only for Egypt, including for border security 
programs and activities in the Sinai: Provided further, That funds 
appropriated pursuant to the previous proviso estimated to be outlayed 
for Egypt shall be transferred to an interest bearing account for Egypt 
in the Federal Reserve Bank of New York within 30 days of enactment of 
this Act: Provided further, That up to $74,000,000 may be available for 
Lebanon only after the Secretary of State submits to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
on procedures established to determine eligibility of members and units 
of the security forces of Lebanon to participate in United States 
training and assistance programs and on the end use monitoring of all 
equipment provided under such programs to the Lebanese security forces: 
Provided further, That prior to the initial obligation of funds the 
Secretary of State shall certify to the Committees on Appropriations of 
the House of Representatives and the Senate that all practicable 
efforts have been made to ensure that such assistance is not provided 
to or through any individual, or private or government entity, that 
advocates, plans, sponsors, engages in, or has engaged in, terrorist 
activity.

               pakistan counterinsurgency capability fund

                     (including transfer of funds)

    There is hereby established in the Treasury of the United States a 
special account to be known as the ``Pakistan Counterinsurgency 
Capability Fund''. For necessary expenses to carry out the provisions 
of chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the 
Foreign Assistance Act of 1961 and section 23 of the Arms Export 
Control Act for counterinsurgency activities in Pakistan, $400,000,000, 
which shall become available on September 30, 2009, and remain 
available until September 30, 2010: Provided, That such funds shall be 
available to the Secretary of State, with the concurrence of the 
Secretary of Defense, notwithstanding any other provision of law, for 
the purpose of providing assistance for Pakistan to build and maintain 
the counterinsurgency capability of Pakistani security forces, and, on 
an exceptional basis, irregular security forces, to include program 
management and the provision of equipment, supplies, services, 
training, and facility and infrastructure repair, renovation, and 
construction: Provided further, That these funds may be transferred by 
the Secretary of State to the Department of Defense or other Federal 
departments or agencies to support counterinsurgency operations and may 
be merged with and be available for the same purposes and for the same 
time period as the appropriation or fund to which transferred, or may 
be transferred pursuant to the authorities contained in the Foreign 
Assistance Act of 1961: Provided further, That the Secretary of State 
shall, not fewer than 15 days prior to making transfers from this 
appropriation, notify the Committees on Appropriations of the House of 
Representatives and the Senate, and the congressional defense and 
foreign affairs committees, in writing of the details of any such 
transfer: Provided further, That the Secretary of State shall submit 
not later than 30 days after the end of each fiscal quarter to the 
Committees on Appropriations of the House of Representatives and the 
Senate a report summarizing, on a project-by-project basis, the 
transfer of funds from this appropriation: Provided further, That upon 
determination by the Secretary of Defense or head of other Federal 
department or agency, with the concurrence of the Secretary of State, 
that all or part of the funds so transferred from this appropriation 
are not necessary for the purposes herein, such amounts may be 
transferred by the head of the relevant Federal department or agency 
back to this appropriation and shall be available for the same purposes 
and for the same time period as originally appropriated: Provided 
further, That any required notification or report may be submitted in 
classified or unclassified form.

                    GENERAL PROVISIONS, THIS CHAPTER

                        extension of authorities

    Sec. 21001.  Funds provided by this chapter may be obligated and 
expended notwithstanding section 10 of Public Law 91-672, section 15 of 
the State Department Basic Authorities Act of 1956, section 313 of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236), and section 504(a)(1) of the National Security Act of 
1947 (50 U.S.C. 414(a)(1)).

                              allocations

    Sec. 21002. (a) Funds provided in this chapter for the following 
accounts shall be made available for programs and countries in the 
amounts contained in the respective tables included in the report 
accompanying this Act:
            (1) ``Diplomatic and Consular Programs''.
            (2) ``Embassy Security, Construction, and Maintenance''.
            (3) ``Economic Support Fund''.
    (b) For the purposes of implementing this section, and only with 
respect to the tables included in the report accompanying this Act, the 
Secretary of State and the Administrator of the United States Agency 
for International Development, as appropriate, may propose deviations 
to the amounts referenced in subsection (a), subject to the regular 
notification procedures of the Committees on Appropriations of the 
House of Representatives and the Senate and section 634A of the Foreign 
Assistance Act of 1961.

               spending plan and notification procedures

    Sec. 21003. (a) Spending Plan.--Not later than 45 days after the 
date of enactment of this Act, the Secretary of State, in consultation 
with the Administrator of the United States Agency for International 
Development, shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate a report detailing planned 
expenditures for funds appropriated in this chapter, except for funds 
appropriated under the headings ``International Disaster Assistance'' 
and ``Migration and Refugee Assistance''.
    (b) Notification.--Funds made available in this chapter shall be 
subject to the regular notification procedures of the Committees on 
Appropriations of the House of Representatives and the Senate and 
section 634A of the Foreign Assistance Act of 1961.

                          unrwa accountability

                     (including transfer of funds)

    Sec. 21004. (a) Limitation.--Of the funds made available in this 
chapter under the heading ``Migration and Refugee Assistance'', not 
more than $119,000,000 may be made available to the United Nations 
Relief and Works Agency (UNRWA) for activities in the West Bank and 
Gaza.
    (b) Accountability Report.--The Secretary of State shall prepare 
and submit to the Committees on Appropriations of the House of 
Representatives and the Senate not later than 45 days after the date of 
enactment of this Act a report on whether UNRWA is--
            (1) continuing to utilize Operations Support Officers in 
        the West Bank and Gaza to inspect UNRWA installations and 
        report any inappropriate use;
            (2) acting swiftly in dealing with staff or beneficiary 
        violations of its own policies (including the policies on 
        neutrality and impartiality of employees) and the legal 
        requirements under Section 301(c) of the Foreign Assistance Act 
        of 1961;
            (3) taking necessary and appropriate measures to ensure it 
        is operating in full compliance with the conditions of section 
        301(c) of the Foreign Assistance Act of 1961;
            (4) continuing to report every six months to the Department 
        of State on actions it has taken to ensure conformance with the 
        conditions of section 301(c) of the Foreign Assistance Act of 
        1961;
            (5) taking steps to improve the transparency of all 
        educational materials and supplemental educational materials 
        currently in use in UNRWA-administered schools;
            (6) continuing to use supplemental curriculum materials in 
        UNRWA-supported schools and summer camps designed to promote 
        tolerance, non-violent conflict resolution and human rights;
            (7) not engaging in operations with financial institutions, 
        or entities of any kind, in violation of relevant United States 
        law and is enhancing its transparency and financial due 
        diligence and diversifying its banking operations in the 
        region; and
            (8) in compliance with the United Nations Board of 
        Auditors' biennial audit requirements and is implementing in a 
        timely fashion the Board of Auditors' recommendations.
    (c) Oversight.--Of the funds made available in this chapter under 
the heading ``Economic Support Fund'' for assistance for the West Bank 
and Gaza, $1,000,000 shall be transferred to, and merged with, funds 
available under the heading ``Administration of Foreign Affairs, Office 
of Inspector General'' for oversight of programs in the West Bank, Gaza 
and surrounding region.

                     women and girls in afghanistan

    Sec. 21005. (a) Funds made available in this chapter for assistance 
for Afghanistan shall comply with sections 7062 (Women in Development) 
and 7063 (Gender-Based Violence) of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2009 (division H 
of Public Law 111-8) and should be made available to support programs 
that increase participation by women in the political process, 
including at the national, regional and local levels: Provided, That 
such programs should ensure participation in efforts to improve 
security and political stability in Afghanistan.
    (b) Not later than 180 days after enactment of this Act, the 
Secretary of State shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate on the 
steps taken to respond to the special security and development needs of 
women in Afghanistan.

                                somalia

    Sec. 21006. (a) Economic Assistance.--Of the funds made available 
in this chapter under the heading ``Economic Support Fund'', 
$10,000,000 shall be available for assistance for Somalia.
    (b) Security Assistance.--Of the funds made available in this 
chapter under the heading ``Peacekeeping Operations'' for assistance 
for Somalia, $70,000,000 is available for equipment, logistical support 
and facilities for the expanded African Union Mission to Somalia 
(AMISOM) and for security sector reform.
    (c) Report.--Not later than 45 days after the date of enactment of 
this Act, the Secretary of State, in consultation with relevant Federal 
departments or agencies, shall submit a report to the Committees on 
Appropriations of the House of Representatives and the Senate on the 
feasibility of creating an indigenous maritime capability to combat 
piracy off the coast of the Horn of Africa.
    (d) Notification Requirement.--Funds made available in this chapter 
for assistance for Somalia shall be subject to the regular notification 
procedures of the Committees on Appropriations of the House of 
Representatives and the Senate.

 assistance for developing countries impacted by the global financial 
                                 crisis

                     (including transfer of funds)

    Sec. 21007. (a) Availability of Funds.--Funds made available in 
this chapter for assistance for developing countries impacted by the 
global financial crisis should only be made available to countries 
that--
            (1) have a 2007 per capita Gross National Income of $3,705 
        or less;
            (2) have seen a contraction in predicted growth rates of 2 
        percent or more since 2007; and
            (3) demonstrate consistent improvement on the democracy and 
        governance indicators as measured by the Millennium Challenge 
        Corporation 2009 Country Scorebook.
    (b) Transfer Authorities.--Of the funds made available in this 
chapter under the heading ``Economic Support Fund'' for developing 
countries impacted by the global financial crisis--
            (1) up to $29,000,000 may be transferred and merged with 
        ``Development Credit Authority'', for the cost of direct loans 
        and loan guarantees notwithstanding the dollar limitations in 
        such account on transfers to the account and the principal 
        amount of loans made or guaranteed with respect to any single 
        country or borrower: Provided, That such transferred funds may 
        be available to subsidize total loan principal, any portion of 
        which is to be guaranteed, of up to $2,000,000,000: Provided 
        further, That the authority provided by the previous proviso is 
        in addition to authority provided under the heading 
        ``Development Credit Authority'' in the Department of State, 
        Foreign Operations, and Related Programs Appropriations Act, 
        2009 (division H of Public Law 111-8): Provided further, That 
        up to $1,500,000 may be for administrative expenses to carry 
        out credit programs administered by the United States Agency 
        for International Development; and
            (2) up to $20,000,000 may be transferred and merged with 
        ``Overseas Private Investment Corporation Program Account'': 
        Provided, That the authority provided in this paragraph is in 
        addition to authority provided in section 7081 in the 
        Department of State, Foreign Operations, and Related Programs 
        Appropriations Act, 2009 (division H of Public Law 111-8).
    (c) Report.--The Secretary of State, in consultation with the 
Administrator of the United States Agency for International 
Development, shall submit a spending plan not later than 45 days after 
the date of enactment of this Act to the Committees on Appropriations 
of the House of Representatives and Senate, and prior to the initial 
obligation of funds appropriated for countries impacted by the global 
economic crisis, detailing the use of all funds on a country-by-
country, and project-by-project basis: Provided, For each project, the 
report shall include (1) the projected economic impact of providing 
such funds; (2) the name of the entity or implementing organization to 
which funds are being provided; and (3) if funds will be provided as a 
direct cash transfer to a local or national government entity: Provided 
further, That funds transferred to the Development Credit Authority and 
the Overseas Private Investment Corporation are subject to the 
reporting requirements in section 21003.

         evaluating afghan and pakistani conduct and commitment

    Sec. 21008. (a) Findings Regarding Progress in Afghanistan and 
Pakistan.--Congress makes the following findings:
            (1) Over 40,000 American military personnel are currently 
        serving in Afghanistan, with the bravery and professionalism 
        consistent with the finest traditions of the United States 
        Armed Forces, and are deserving of the strong support of all 
        Americans.
            (2) Many American service personnel have lost their lives, 
        and many more have been wounded in Afghanistan. The American 
        people will always honor their sacrifice and honor their 
        families.
            (3) Afghanistan and Pakistan are experiencing a 
        deterioration of their internal security resulting from a 
        growing insurgency fueled by Al Qaeda, the Taliban and other 
        extremist networks that continue to operate along the western 
        border of Pakistan, including in the Federally Administered 
        Tribal Areas (FATA), as well as in areas under central 
        government authority such as Quetta in Baluchistan and Muridke 
        in Punjab.
            (4) The United States and the international community have 
        welcomed and supported Pakistan's return to civilian rule after 
        almost nine years with the free and fair elections of February 
        18, 2008, and have supported the development of a democratic 
        government in Afghanistan.
            (5) Since 2001, the United States has contributed more than 
        $33,000,000,000 to Afghanistan and $12,000,000,000 to Pakistan 
        to strengthen each country's governance, economy, education 
        system, healthcare services, and military.
            (6) The governments of Afghanistan and Pakistan must expand 
        the writ of the national government across all provinces to 
        secure their borders, protect their population, enforce the 
        rule of law, and tackle the pervasive problem of corruption in 
        order to bring security and stability to their people.
    (b) Report.--Because the stability and security of the region is 
tied more to the capacity and conduct of the Afghan and Pakistani 
governments and to the resolve of both societies than it is to the 
policies of the United States, the President shall submit a report to 
the Congress, not later than the date of submission of the fiscal year 
2011 budget request, assessing whether the Governments of Afghanistan 
and Pakistan are, or are not, demonstrating the necessary commitment, 
capability, conduct and unity of purpose to warrant the continuation of 
the President's policy announced on March 27, 2009. The President, on 
the basis of information gathered and coordinated by the National 
Security Council, shall advise the Congress on how that assessment 
requires, or does not require, changes to that policy. The measures 
used to evaluate the Afghan and Pakistani governments' record of 
concrete performance shall include the following standards of 
performance:
            (1) Level of political consensus and unity of purpose 
        across ethnic, tribal, religious and party affiliations to 
        confront the political and security challenges facing the 
        region.
            (2) Level of government corruption and actions taken to 
        eliminate it.
            (3) Performance of the respective security forces in 
        developing a counterinsurgency capability, conducting 
        counterinsurgency operations and establishing population 
        security.
            (4) Performance of the respective intelligence agencies in 
        cooperating with the United States on counterinsurgency and 
        counterterrorism operations and in purging themselves of 
        policies, programs and personnel that provide material support 
        to extremist networks that target United States troops or 
        undermine United States objectives in the region.
            (5) Ability of the Afghan and Pakistani governments to 
        effectively control the territory within their respective 
        borders.

                   prohibition on assistance to hamas

    Sec. 21009. (a) None of the funds made available in this chapter 
may be made available for assistance to Hamas, or any entity 
effectively controlled by Hamas or any power-sharing government of 
which Hamas is a member.
    (b) Notwithstanding the limitation of subsection (a), assistance 
may be provided to a power-sharing government if the President 
certifies in writing and reports to the Committees on Appropriations of 
the House of Representatives and the Senate that such government, 
including all of its ministers or such equivalent, has publicly 
accepted and is complying with the principles contained in 
subparagraphs (A) and (B) of section 620K(b)(1) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2378b(b)(1)).
    (c) The President may exercise the authority in section 620K(e) of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2378b(e)) with respect to 
the limitations of this section.
    (d) Report.--Whenever the certification pursuant to subsection (b) 
is exercised, the Secretary of State shall submit a report to the 
Committees on Appropriations of the House of Representatives and the 
Senate within 120 days of the certification and every quarter 
thereafter on whether such government, including all of its ministers 
or such equivalent are continuing to publically accept and comply with 
the principles contained in section 620K(b)(l) (A) and (B) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2378b(b)(l)). The report 
shall also detail the amount, purposes and delivery mechanisms for any 
assistance provided pursuant to the abovementioned certification and a 
full accounting of any direct support of such government.

                          terms and conditions

    Sec. 21010.  Unless otherwise provided for in this Act, funds 
appropriated or otherwise made available in this chapter shall be 
available under the authorities and conditions provided in the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111-8), except that 
sections 7070(e), with respect to funds made available for 
macroeconomic growth assistance for Zimbabwe, and 7042 (a) and (c) of 
such Act shall not apply to funds made available in this chapter.

                TITLE III--GENERAL PROVISIONS, THIS ACT

    Sec. 30001. (a) Not later than October 1, 2009, the President shall 
submit to the Congress, in writing, a comprehensive plan regarding the 
proposed disposition of the detention center at Naval Station, 
Guantanamo Bay, Cuba, to include--
            (1) a proposed disposition of individuals detained as of 
        April 30, 2009;
            (2) a determination that such disposition does not pose a 
        risk that cannot be mitigated if such individual is prosecuted, 
        transferred or released, including a plan for such mitigation; 
        and
            (3) a detailed analysis of the total estimated direct costs 
        of closing the detention facility at Naval Station, Guantanamo 
        Bay, Cuba, and any related costs, including the estimated costs 
        of detention, prosecution, security, and incarceration in the 
        United States of the individuals detained at such facility.
    (b) The plan required under subsection (a) shall be submitted in 
unclassified form, but shall include a classified annex, if necessary.

                         availability of funds

    Sec. 30002.  No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.

            overseas deployments and emergency designations

    Sec. 30003. (a) Overseas Deployments Designations.--Except as 
provided in subsection (b), each amount in this Act is designated as 
being for overseas deployments and other activities pursuant to 
paragraphs (1) and (2) of section 423(a) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.
    (b) Emergency Designations.--Each amount in chapters 6, 7, and 8 of 
title II is designated as necessary to meet emergency needs pursuant to 
section 423(b) of S. Con. Res. 13 (111th Congress), the concurrent 
resolution on the budget for fiscal year 2010.

                              short title

    Sec. 30004.  This Act may be cited as the ``Supplemental 
Appropriations Act, 2009''.
                                                  Union Calendar No. 51

111th CONGRESS

  1st Session

                               H. R. 2346

                          [Report No. 111-105]

_______________________________________________________________________

                                 A BILL

Making supplemental appropriations for the fiscal year ending September 
                   30, 2009, and for other purposes.

_______________________________________________________________________

                              May 12, 2009

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed