[Congressional Record Volume 155, Number 88 (Friday, June 12, 2009)]
[House]
[Pages H6683-H6741]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 2346, SUPPLEMENTAL APPROPRIATIONS ACT, 2009

  Mr. OBEY submitted the following conference report and statement on 
the bill (H.R. 2346) making supplemental appropriations for the fiscal 
year ending September 30, 2009, and for other purposes:

                  Conference Report (H. Rept. 111-151)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     2346) making supplemental appropriations for the fiscal year 
     ending September 30, 2009, and for other purposes, having 
     met, after full and free conference, have agreed to recommend 
     and do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2009, and for other purposes, namely:

                                TITLE I

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

       For an additional amount for ``Public Law 480 Title II 
     Grants'', $700,000,000, to remain available until expended.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 101.  Notwithstanding any other provision of law, 
     amounts made available to provide assistance under the 
     emergency conservation program established under title IV of 
     the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202) 
     and unobligated as of the date of the enactment of this Act 
     shall be available to the Secretary of Agriculture, until 
     expended, for expenses under that program related to recovery 
     efforts in response to natural disasters.
       Sec. 102. (a) For an additional amount for gross 
     obligations for the principal amount of direct and guaranteed 
     farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
     U.S.C. 1941 et seq.) loans, to be available from funds in the 
     Agricultural Credit Insurance Fund, as follows: direct farm 
     ownership loans, $360,000,000; direct operating loans, 
     $400,000,000; and unsubsidized guaranteed operating loans, 
     $50,201,000.
       (b) For an additional amount for the cost of direct and 
     guaranteed loans, including the cost of modifying loans as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as follows: direct farm ownership loans, $22,860,000; 
     direct operating loans, $47,160,000; and unsubsidized 
     guaranteed operating loans, $1,250,000.

                                TITLE II

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

       For an additional amount for ``Economic Development 
     Assistance Programs'', $40,000,000, to remain available until 
     September 30, 2010: Provided, That the amount provided under 
     this heading shall be for Trade Adjustment Assistance for 
     Communities under subchapter A, chapter 4, title II of the 
     Trade Act of 1974 (19 U.S.C. 2371 et seq.) and Trade 
     Adjustment Assistance for Firms under chapter 3, title II of 
     the Trade Act of 1974 (19 U.S.C. 2341 et seq.).

                         DEPARTMENT OF JUSTICE

                           Detention Trustee

       For an additional amount for ``Detention Trustee'', 
     $60,000,000, to remain available until September 30, 2010.

                            Legal Activities

            salaries and expenses, general legal activities

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

             salaries and expenses, united states attorneys

       For an additional amount for ``Salaries and Expenses'', 
     $15,000,000, to remain available until September 30, 2010.

                     United States Marshals Service

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $10,000,000, to remain available until September 30, 2010.

                       National Security Division

                         salaries and expenses

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

                    Federal Bureau of Investigation

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $35,000,000, to remain available until September 30, 2010.

[[Page H6684]]

                    Drug Enforcement Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $20,000,000, to remain available until September 30, 2010.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $14,000,000, to remain available until September 30, 2010.

                         Federal Prison System

                         salaries and expenses

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

                     GENERAL PROVISION--THIS TITLE

                         (including rescission)

       Sec. 201. (a) Of the funds appropriated in chapter 2 of 
     title I of Public Law 110-252 under the heading ``Office of 
     Inspector General'', $3,000,000 is rescinded.
       (b) For an additional amount for ``Office of Inspector 
     General'', $3,000,000, to remain available until September 
     30, 2010.

                               TITLE III

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $11,750,687,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $1,627,288,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,524,947,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,500,740,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $418,155,000.

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $14,943,000.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $1,775,733,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $45,000,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $13,769,418,000.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $2,274,903,000.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,034,366,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,980,386,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $5,101,696,000, of which:
       (1) not to exceed $12,500,000 for the Combatant Commander 
     Initiative Fund, to be used in support of Operation Iraqi 
     Freedom and Operation Enduring Freedom; and
       (2) not to exceed $1,000,000,000, to remain available until 
     expended, for payments to reimburse key cooperating nations, 
     for logistical, military, and other support including access 
     provided to United States military operations in support of 
     Operation Iraqi Freedom and Operation Enduring Freedom, 
     notwithstanding any other provision of law: Provided, That 
     such reimbursement payments may be made in such amounts as 
     the Secretary of Defense, with the concurrence of the 
     Secretary of State, and in consultation with the Director of 
     the Office of Management and Budget, may determine, in his 
     discretion, based on documentation determined by the 
     Secretary of Defense to adequately account for the support 
     provided, and such determination is final and conclusive upon 
     the accounting officers of the United States, and 15 days 
     following notification to the appropriate congressional 
     committees: Provided further, That these funds may be used 
     for the purpose of providing specialized training and 
     procuring supplies and specialized equipment and providing 
     such supplies and loaning such equipment on a non-
     reimbursable basis to coalition forces supporting United 
     States military operations in Iraq and Afghanistan: Provided 
     further, That the Secretary of Defense shall provide 
     quarterly reports to the congressional defense committees on 
     the use of funds provided in this paragraph.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $110,017,000.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $25,569,000.

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

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

                    Afghanistan Security Forces Fund

       For the ``Afghanistan Security Forces Fund'', 
     $3,606,939,000, to remain available until September 30, 2010: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, for 
     the purpose of allowing the Commander, Combined Security 
     Transition Command--Afghanistan, or the Secretary's designee, 
     to provide assistance, with the concurrence of the Secretary 
     of State, to the security forces of Afghanistan, including 
     the provision of equipment, supplies, services, training, 
     facility and infrastructure repair, renovation, and 
     construction, and funding: Provided further, That the 
     authority to provide assistance under this heading is in 
     addition to any other authority to provide assistance to 
     foreign nations: Provided further, That contributions of 
     funds for the purposes provided herein from any person, 
     foreign government, or international organization may be 
     credited to this Fund and used for such purposes: Provided 
     further, That the Secretary shall notify the congressional 
     defense committees in writing upon the receipt and upon the 
     obligation of any contribution, delineating the sources and 
     amounts of the funds received and the specific use of such 
     contributions: Provided further, That the Secretary of 
     Defense shall, not fewer than 15 days prior to obligating 
     from this appropriation account, notify the congressional 
     defense committees in writing of the details of any such 
     obligation.

                    Pakistan Counterinsurgency Fund

                     (including transfer of funds)

       There is hereby established in the Treasury of the United 
     States the ``Pakistan Counterinsurgency Fund''. For the 
     ``Pakistan Counterinsurgency Fund'', $400,000,000, to remain 
     available until September 30, 2010: Provided, That such funds 
     shall be available to the Secretary of Defense, with the 
     concurrence of the Secretary of State, notwithstanding any 
     other provision of law, for the purpose of allowing the 
     Secretary of Defense, or the Secretary's designee, to provide 
     assistance to Pakistan's security forces; including program 
     management and the provision of equipment, supplies, 
     services, training, and funds; and facility and 
     infrastructure repair, renovation, and construction to build 
     the counterinsurgency capability of Pakistan's military and 
     Frontier Corps, and of which up to $2,000,000 shall be 
     available to provide urgent humanitarian assistance to the 
     people of Pakistan only as part of civil-military training 
     exercises for Pakistani security forces receiving assistance 
     under the ``Pakistan Counterinsurgency Fund'' and to assist 
     the Government of Pakistan in creating such a program 
     beginning in fiscal year 2010: Provided further, That the 
     authority to provide assistance under this provision is in 
     addition to any other authority to provide assistance to 
     foreign nations: Provided further, That the Secretary of 
     Defense may transfer such amounts as the Secretary may 
     determine from the funds provided herein to any 
     appropriations available to the Department of Defense or, 
     with the concurrence of the Secretary of State and head of 
     the relevant Federal department or agency, to any other non-
     intelligence related Federal account to accomplish the 
     purposes provided herein: Provided further, That funds so 
     transferred shall be merged with and be available for the 
     same purposes and for the same time period as the 
     appropriation or fund to which transferred: Provided further, 
     That the authority of the Secretary of Defense to obligate or 
     transfer funds pursuant to this paragraph shall apply only to 
     funds appropriated for such purposes in this Act (including 
     funds appropriated by another paragraph of this Act that are 
     transferred to the ``Pakistan Counterinsurgency Fund'' by 
     such other paragraph), and such authority shall not be 
     continued beyond the expiration date specified in the matter 
     preceding the first proviso, except with respect to funds so 
     transferred to the ``Pakistan Counterinsurgency Fund'' by 
     another paragraph of this Act: Provided further, That the 
     Secretary of Defense shall, not fewer than 15 days prior to 
     making transfers from this appropriation account, notify the 
     Committees on Appropriations in writing of the details of any 
     such transfer.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $1,192,744,000, to remain available until September 
     30, 2011.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $704,041,000, to remain available until September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $1,983,971,000, to remain 
     available until September 30, 2011.

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $7,113,742,000, to remain available until September 30, 2011.

[[Page H6685]]

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $636,669,000, to remain available until September 30, 
     2011.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $29,498,000, to remain available until September 30, 2011.

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $197,193,000, to remain available until September 30, 2011.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $1,526,447,000, to remain available until September 30, 2011.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $4,592,068,000, to remain available until September 
     30, 2011.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $49,716,000, to remain available until September 30, 
     2011.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $158,684,000, to remain available until 
     September 30, 2011.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,802,083,000, to remain available until September 
     30, 2011.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $237,868,000, to remain available until September 30, 2011.

                  National Guard and Reserve Equipment

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

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

       For the ``Mine Resistant Ambush Protected Vehicle Fund'', 
     $4,543,000,000, to remain available until September 30, 2010: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, to 
     procure, sustain, transport, and field Mine Resistant Ambush 
     Protected vehicles: Provided further, That the Secretary 
     shall transfer such funds only to appropriations for 
     operation and maintenance; procurement; research, 
     development, test and evaluation; and defense working capital 
     funds to accomplish the purpose provided herein: Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense: Provided further, That the Secretary shall, not 
     fewer than 10 days prior to making transfers from this 
     appropriation, notify the congressional defense committees in 
     writing of the details of any such transfer.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $52,935,000, to remain available 
     until September 30, 2010.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $136,786,000, to remain available 
     until September 30, 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $160,474,000, to remain 
     available until September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $483,304,000, to remain 
     available until September 30, 2010.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $861,726,000, to remain available until expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,055,297,000, of which $845,508,000 is for operation and 
     maintenance; of which $50,185,000, to remain available until 
     September 30, 2011, is for procurement; and of which 
     $159,604,000, to remain available until September 30, 2010, 
     is for research, development, test and evaluation: Provided, 
     That up to $14,360,000,000 appropriated for operation and 
     maintenance under this heading or any prior Act may be 
     available for contracts entered into under the Tricare 
     program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $120,398,000, to remain 
     available until September 30, 2010.

             Joint Improvised Explosive Device Defeat Fund

       For an additional amount for ``Joint Improvised Explosive 
     Device Defeat Fund'', $1,116,746,000, to remain available 
     until September 30, 2011.

                    Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 301.  Notwithstanding any other provision of law, 
     funds made available in this title are in addition to amounts 
     appropriated or otherwise made available for the Department 
     of Defense for fiscal year 2009.

                     (including transfer of funds)

       Sec. 302.  Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer between appropriations 
     up to $2,500,000,000 of the funds made available to the 
     Department of Defense in this title: Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section: Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in section 8005 of the 
     Department of Defense Appropriations Act, 2009 (division C of 
     Public Law 110-329) except for the fourth proviso.
       Sec. 303.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504(a)(1) 
     of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

                     (including transfer of funds)

       Sec. 304.  During fiscal year 2009 and from funds in the 
     ``Defense Cooperation Account'', as established by 10 U.S.C. 
     2608, the Secretary of Defense may transfer not to exceed 
     $6,500,000 to such appropriations or funds of the Department 
     of Defense as the Secretary shall determine for use 
     consistent with the purposes for which such funds were 
     contributed and accepted: Provided, That such amounts shall 
     be available for the same time period as the appropriation to 
     which transferred: Provided further, That the Secretary shall 
     report to the Congress all transfers made pursuant to this 
     authority.
       Sec. 305.  Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance or ``Afghanistan 
     Security Forces Fund'' provided in this title, and executed 
     in direct support of the overseas contingency operations in 
     Iraq and Afghanistan, may be obligated at the time a 
     construction contract is awarded: Provided, That for the 
     purpose of this section, supervision and administration costs 
     include all in-house Government costs.

                        (including rescissions)

       Sec. 306. (a)(1) Of the funds appropriated in chapter 2 of 
     title IX of Public Law 110-252 under the heading, ``Iraq 
     Security Forces Fund'', $1,000,000,000 is rescinded.
       (2) For an additional amount for ``Iraq Security Forces 
     Fund'', $1,000,000,000, to remain available until September 
     30, 2010: Provided, That funds may not be obligated or 
     transferred from this fund until 15 days after the date on 
     which the Secretary of Defense notifies the congressional 
     defense committees in writing of the details of the proposed 
     obligation or transfer.
       (b) Notwithstanding any other provision of this Act, each 
     amount in this section is designated as an emergency 
     requirement and necessary to meet emergency needs pursuant to 
     sections 403(a) and 423(b) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.
       Sec. 307.  Funds made available in this title to the 
     Department of Defense for operation and maintenance may be 
     used to purchase items having an investment unit cost of not 
     more than $250,000: Provided, That upon determination by the 
     Secretary of Defense that such action is necessary to meet 
     the operational requirements of a Commander of a Combatant 
     Command engaged in contingency operations overseas, such 
     funds may be used to purchase items having an investment item 
     unit cost of not more than $500,000: Provided further, That 
     the Secretary shall report to the Congress all purchases made 
     pursuant to this authority within 30 days of using the 
     authority.
       Sec. 308.  From funds made available in this title, the 
     Secretary of Defense may purchase motor vehicles for use by 
     military and civilian employees of the Department of Defense 
     in Iraq and Afghanistan, up to a limit of $75,000 per 
     vehicle, notwithstanding other limitations applicable to 
     passenger carrying motor vehicles.

                             (rescissions)

       Sec. 309.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts: Provided, That none of the amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to a Concurrent

[[Page H6686]]

     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended:
       ``Procurement, Marine Corps, 2007/2009'', $54,400,000;
       ``Other Procurement, Army, 2008/2010'', $29,300,000;
       ``Procurement, Marine Corps, 2008/2010'', $10,300,000;
       ``Aircraft Procurement, Air Force, 2008/2010'', 
     $44,000,000;
       ``Research, Development, Test and Evaluation, Navy, 2008/
     2009'', $11,300,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     2008/2009'', $36,107,000;
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     2008/2009'', $169,124,000;
       ``Operation and Maintenance, Army, 2009/2009'', 
     $352,359,000;
       ``Operation and Maintenance, Navy, 2009/2009'', 
     $881,481,000;
       ``Operation and Maintenance, Marine Corps, 2009/2009'', 
     $54,466,000;
       ``Operation and Maintenance, Air Force, 2009/2009'', 
     $925,203,000;
       ``Operation and Maintenance, Defense-Wide, 2009/2009'', 
     $267,635,000;
       ``Operation and Maintenance, Army Reserve, 2009/2009'', 
     $23,338,000;
       ``Operation and Maintenance, Navy Reserve, 2009/2009'', 
     $62,910,000;
       ``Operation and Maintenance, Marine Corps Reserve, 2009/
     2009'', $1,250,000;
       ``Operation and Maintenance, Air Force Reserve, 2009/
     2009'', $163,786,000;
       ``Operation and Maintenance, Army National Guard, 2009/
     2009'', $57,819,000;
       ``Operation and Maintenance, Air National Guard, 2009/
     2009'', $250,645,000;
       ``Aircraft Procurement, Army, 2009/2011'', $22,600,000;
       ``Procurement of Ammunition, Army, 2009/2011'', 
     $107,100,000;
       ``Other Procurement, Army, 2009/2011'', $245,000,000;
       ``Procurement, Marine Corps, 2009/2011'', $10,300,000;
       ``Other Procurement, Air Force, 2009/2011'', $17,500,000;
       ``Procurement, Defense-Wide, 2009/2011'', $6,400,000;
       ``Research, Development, Test and Evaluation, Army, 2009/
     2010'', $187,710,000;
       ``Research, Development, Test and Evaluation, Navy, 2009/
     2010'', $217,060,000; and
       ``Research, Development, Test and Evaluation, Air Force, 
     2009/2010'', $287,567,000.

                     (including transfer of funds)

       Sec. 310. (a) Retroactive Stop-Loss Special Pay 
     Compensation to Eligible Claimants.--In addition to the 
     amounts appropriated or otherwise made available elsewhere in 
     this Act, $534,400,000 is appropriated to the Department of 
     Defense, to remain available for obligation until expended: 
     Provided, That such funds shall be available to the 
     Secretaries of the military departments only to make payment 
     of claims specified in subsection (b) to members of the Armed 
     Forces, including members of the reserve components, and 
     former and retired members under the jurisdiction of the 
     Secretary who, at any time during the period beginning on 
     September 11, 2001, and ending on September 30, 2009, served 
     on active duty while the members' enlistment or period of 
     obligated service was extended, or whose eligibility for 
     retirement was suspended, pursuant to section 123 or 12305 of 
     title 10, United States Code, or any other provision of law 
     (commonly referred to as a ``stop-loss authority'') 
     authorizing the President to extend an enlistment or period 
     of obligated service, or suspend an eligibility for 
     retirement, of a member of the uniformed services in time of 
     war or of national emergency declared by Congress or the 
     President.
       (b) Claims Submission Required.--Claims for retroactive 
     Stop-Loss Special Pay compensation under this section shall 
     be submitted to the Secretary of the Military Department 
     concerned not later than 1 year after the date on which the 
     implementing rules of subsection (d) take effect. 
     Notwithstanding any other provision of law, the Secretaries 
     of the military departments may not pay claims that are 
     submitted more than 1 year after the date on which the 
     implementing rules of subsection (d) take effect.
       (c) Payment Amount.--The amount to be paid under subsection 
     (a) to or on behalf of an eligible member, retired member, or 
     former member described in such subsection shall be $500 per 
     month for each month or portion of a month during the period 
     specified in such subsection that the member was retained on 
     active duty as a result of application of the stop-loss 
     authority.
       (d) Rulemaking.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Defense shall issue 
     rules to expedite the payment of claims under subsection (b).
       (e) Treatment of Deceased Members.--If an eligible member, 
     retired member, or former member described in subsection (a) 
     dies before the payment required by this section is made, the 
     Secretary concerned shall make the payment in accordance with 
     section 2771 of title 10, United States Code.
       (f) Exclusion of Certain Former Members.--A former member 
     of the Armed Forces is not eligible for a payment under this 
     section if the former member was discharged or released from 
     the Armed Forces under other than honorable conditions.
       (g) Relation to Other Stop-Loss Special Pay.--A member, 
     retired member, or former member may not receive a payment 
     under this section and stop-loss special pay under section 
     8116 of the Department of Defense Appropriations Act, 2009 
     (division C of Public Law 110-329; 122 Stat. 3646) for the 
     same month or portion of a month during which the member was 
     retained on active duty as a result of application of the 
     stop-loss authority.
       (h) Report on Execution.--The Secretary of Defense shall 
     provide a report to the congressional defense committees on 
     the implementation of the retroactive stop-loss benefit. The 
     report shall include the following: the number of claims 
     filed, the number of claims approved, the number of claims 
     denied, the number of claims still pending, the amount of 
     funding that has been obligated, the amount of funding still 
     available for this purpose, and the average payment provided. 
     This report is due 1 year after the date on which the 
     implementing rules of subsection (d) take effect, and every 6 
     months thereafter until all funding provided for this purpose 
     has been obligated and all submitted claims have been 
     processed.
       Sec. 311. (a) Section 132 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     117 Stat. 1392) is repealed.
       (b) Notwithstanding any other provision of law, the 
     Secretary of the Air Force may retire C-5A aircraft from the 
     inventory of the Air Force 15 days after certifying to the 
     congressional defense committees that retiring the aircraft 
     will not significantly increase operational risk of not 
     meeting the National Defense Strategy, provided that such 
     retirements may not reduce total strategic airlift force 
     structure inventory below the 292 strategic airlift aircraft 
     level identified in the Mobility Capability Study 2005 (MCS-
     05) unless otherwise addressed in the fiscal year 2010 
     National Defense Authorization Act.
       Sec. 312.  None of the funds appropriated or otherwise made 
     available by this title may be obligated or expended to 
     provide award fees to any defense contractor contrary to the 
     provisions of section 814 of the National Defense 
     Authorization Act, Fiscal Year 2007 (Public Law 109-364).
       Sec. 313.  None of the funds provided in this title may be 
     used to finance programs or activities denied by Congress in 
     fiscal years 2008 or 2009 appropriations to the Department of 
     Defense or to initiate a procurement or research, 
     development, test and evaluation new start program without 
     prior written notification to the congressional defense 
     committees.
       Sec. 314.  None of the funds appropriated or otherwise made 
     available by this or any other Act shall be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
       Sec. 315.  None of the funds appropriated or otherwise made 
     available by this or any other Act shall be obligated or 
     expended by the United States Government for the purpose of 
     establishing any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Afghanistan.
       Sec. 316. (a) Report on Iraq Troop Drawdown Status, Goals, 
     and Timetable.--In recognition and support of the policy of 
     President Barack Obama to withdraw all United States combat 
     brigades from Iraq by August 31, 2010, and all United States 
     military forces from Iraq on December 31, 2011, Congress 
     directs the Secretary of Defense (in consultation with other 
     members of the National Security Council) to prepare a report 
     that identifies troop drawdown status and goals and 
     includes--
       (1) a detailed, month-by-month description of the 
     transition of United States military forces and equipment out 
     of Iraq; and
       (2) a detailed, month-by-month description of the 
     transition of United States contractors out of Iraq.
       (b) Elements of Report.--At a minimum, the Secretary of 
     Defense shall address the following:
       (1) How the Government of Iraq is assuming the 
     responsibility for reconciliation initiatives as the mission 
     of the United States Armed Forces transitions.
       (2) How the drawdown of military forces complies with the 
     President's planned withdrawal of combat brigades by August 
     31, 2010, and all United States forces by December 31, 2011.
       (3) The roles and responsibilities of remaining contractors 
     in Iraq as the United States mission evolves, including the 
     anticipated number of United States contractors to remain in 
     Iraq after August 31, 2010, and December 31, 2011.
       (c) Submission.--
       (1) Not later than 90 days after the date of enactment of 
     this Act, and every 90 days thereafter through September 30, 
     2010, the Secretary of Defense shall submit the report 
     required by subsection (a) and a classified annex to the 
     report, as necessary.
       (2) The Secretary may submit the report required by 
     subsection (a) separately as provided in paragraph (1) or 
     include the information required by this report when 
     submitting reports required of the Secretary under section 
     9204 of the Supplemental Appropriations Act, 2008 (Public Law 
     110-252; 122 Stat. 2410).
       (d) Extension of Related Reporting Requirement.--Section 
     9204(a) of the Supplemental Appropriations Act, 2008 is 
     amended by striking ``fiscal year 2009'' and inserting 
     ``fiscal year 2010''.
       Sec. 317. (a) Repeal of Secretary of Defense Reports on 
     Transition Readiness of Iraq and Afghan Security Forces.--
     Subsection (a) of section 9205 of Public Law 110-252 (122 
     Stat. 2412) is repealed.
       (b) Modification of Reports on Use of Certain Security 
     Forces Funds.--
       (1) Preparation in consultation with commander of 
     centcom.--Subsection (b)(1) of such section is amended by 
     inserting ``the Commander of the United States Central 
     Command;'' after ``the Secretary of Defense;''.
       (2) Period of reports.--Such subsection is further amended 
     by striking ``not later than 120 days after the date of the 
     enactment of this Act and every 90 days thereafter'' and 
     inserting

[[Page H6687]]

     ``not later than 45 days after the end of each fiscal year 
     quarter''.
       (3) Funds covered by reports.--Such subsection is further 
     amended by striking ``and `Afghanistan Security Forces Fund' 
     '' and inserting ``, `Afghanistan Security Forces Fund', and 
     `Pakistan Counterinsurgency Fund' ''.
       (c) Notice New Projects and Transfers of Funds.--Subsection 
     (c) of such section is amended by striking ``the headings'' 
     and all that follows and inserting ``the headings as follows:
       ``(1) `Iraq Security Forces Fund'.
       ``(2) `Afghanistan Security Forces Fund'.
       ``(3) `Pakistan Counterinsurgency Fund'.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
       Sec. 318. (a) Section 1174(h)(1) of title 10, United States 
     Code, is amended to read as follows:
       ``(1) A member who has received separation pay under this 
     section, or separation pay, severance pay, or readjustment 
     pay under any other provision of law, based on service in the 
     armed forces, and who later qualifies for retired or retainer 
     pay under this title or title 14 shall have deducted from 
     each payment of such retired or retainer pay an amount, in 
     such schedule of monthly installments as the Secretary of 
     Defense shall specify, taking into account the financial 
     ability of the member to pay and avoiding the imposition of 
     undue financial hardship on the member and member's 
     dependents, until the total amount deducted is equal to the 
     total amount of separation pay, severance pay, and 
     readjustment pay so paid.''.
       (b) Section 1175(e)(3)(A) of title 10, United States Code, 
     is amended to read as follows:
       ``(3)(A) A member who has received the voluntary separation 
     incentive and who later qualifies for retired or retainer pay 
     under this title shall have deducted from each payment of 
     such retired or retainer pay an amount, in such schedule of 
     monthly installments as the Secretary of Defense shall 
     specify, taking into account the financial ability of the 
     member to pay and avoiding the imposition of undue financial 
     hardship on the member and member's dependents, until the 
     total amount deducted is equal to the total amount of 
     voluntary separation incentive so paid. If the member elected 
     to have a reduction in voluntary separation incentive for any 
     period pursuant to paragraph (2), the deduction required 
     under the preceding sentence shall be reduced as the 
     Secretary of Defense shall specify.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any repayments of separation pay, severance 
     pay, readjustment pay, special separation benefit, or 
     voluntary separation incentive, that occur on or after the 
     date of enactment, including any ongoing repayment actions 
     that were initiated prior to this amendment.
       Sec. 319. (a) Reports Required.--Not later than 60 days 
     after the date of the enactment of this Act and every 90 days 
     thereafter, the President shall submit to the members and 
     committees of Congress specified in subsection (b) a report 
     on the prisoner population at the detention facility at Naval 
     Station Guantanamo Bay, Cuba.
       (b) Specified Members and Committees of Congress.--The 
     members and committees of Congress specified in this 
     subsection are the following:
       (1) The majority leader and minority leader of the Senate.
       (2) The Chairman and Ranking Member on the Committee on 
     Armed Services of the Senate.
       (3) The Chairman and Vice Chairman of the Select Committee 
     on Intelligence of the Senate.
       (4) The Chairman and Vice Chairman of the Committee on 
     Appropriations of the Senate.
       (5) The Speaker of the House of Representatives.
       (6) The minority leader of the House of Representatives.
       (7) The Chairman and Ranking Member on the Committee on 
     Armed Services of the House of Representatives.
       (8) The Chairman and Vice Chairman of the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (9) The Chairman and Ranking Member of the Committee on 
     Appropriations of the House of Representatives.
       (c) Matters To Be Included.--Each report submitted under 
     subsection (a) shall include the following:
       (1) The name and country of origin of each detainee at the 
     detention facility at Naval Station Guantanamo Bay, Cuba, as 
     of the date of such report.
       (2) A current summary of the evidence, intelligence, and 
     information used to justify the detention of each detainee 
     listed under paragraph (1) at Naval Station Guantanamo Bay.
       (3) A current accounting of all the measures taken to 
     transfer each detainee listed under paragraph (1) to the 
     individual's country of citizenship or another country.
       (4) A current description of the number of individuals 
     released or transferred from detention at Naval Station 
     Guantanamo Bay who are confirmed or suspected of returning to 
     terrorist activities after release or transfer from Naval 
     Station Guantanamo Bay.
       (5) An assessment of any efforts by al Qaeda to recruit 
     detainees released from detention at Naval Station Guantanamo 
     Bay.
       (d) Additional Matters To Be Included in Initial Report.--
     The first report submitted under subsection (a) shall also 
     include the following:
       (1) A description of the process that was previously used 
     for screening the detainees described by subsection (c)(4) 
     prior to their release or transfer from detention at Naval 
     Station Guantanamo Bay, Cuba.
       (2) An assessment of the adequacy of that screening process 
     for reducing the risk that detainees previously released or 
     transferred from Naval Station Guantanamo Bay would return to 
     terrorist activities after release or transfer from Naval 
     Station Guantanamo Bay.
       (3) An assessment of lessons learned from previous releases 
     and transfers of individuals who returned to terrorist 
     activities for reducing the risk that detainees released or 
     transferred from Naval Station Guantanamo Bay will return to 
     terrorist activities after their release or transfer.

                                TITLE IV

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                       operation and maintenance

       For an additional amount for ``Operation and Maintenance'' 
     to dredge navigation channels and repair damage to Corps 
     projects nationwide related to natural disasters, 
     $42,875,000, to remain available until expended: Provided, 
     That the Assistant Secretary of the Army for Civil Works 
     shall provide a monthly report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation and obligation of these funds, 
     beginning not later than 60 days after enactment of this Act.

                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', as authorized by section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), for necessary expenses 
     relating to the consequences of natural disasters as 
     authorized by law, $754,290,000, to remain available until 
     expended: Provided, That the Secretary of the Army is 
     directed to use $315,290,000 of the funds appropriated under 
     this heading to support emergency operations, to repair 
     eligible projects nationwide, and for other activities in 
     response to natural disasters: Provided further, That the 
     Secretary of the Army is directed to use $439,000,000 of the 
     amount provided under this heading for barrier island 
     restoration and ecosystem restoration to restore historic 
     levels of storm damage reduction to the Mississippi Gulf 
     Coast: Provided further, That this work shall be carried out 
     at full Federal expense: Provided further, That the Assistant 
     Secretary of the Army for Civil Works shall provide a monthly 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the allocation and 
     obligation of these funds, beginning not later than 60 days 
     after enactment of this Act.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                      Strategic Petroleum Reserve

                          (transfer of funds)

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           weapons activities

       For an additional amount for ``Weapons Activities'', 
     $30,000,000, to remain available until expended, to be 
     divided among the three national security laboratories of 
     Livermore, Sandia and Los Alamos and other entities to fund a 
     sustainable capability to analyze nuclear and biological 
     weapons intelligence: Provided, That the Secretary of Energy, 
     in cooperation with the Director of National Intelligence, 
     shall provide a written report to the Appropriations 
     Committees of the House of Representatives and the Senate, 
     the Armed Services Committees of the House of Representatives 
     and the Senate, the Permanent Select Committee on 
     Intelligence of the House of Representatives, and the Select 
     Committee on Intelligence of the Senate within 90 days of 
     enactment of this Act on how the Department of Energy will 
     invest these resources to sustain technical and core 
     analytical capabilities.

                    Defense Nuclear Nonproliferation

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

                     GENERAL PROVISIONS--THIS TITLE

                       limited transfer authority

       Sec. 401.  Section 403 of title IV of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5) is amended by striking all of the text and inserting 
     the following:

     ``SEC. 403. LIMITED TRANSFER AUTHORITY.

       ``The Secretary of Energy may transfer up to 0.5 percent 
     from each amount appropriated to the Department of Energy in 
     this title to any other appropriate account within the 
     Department of Energy, to be used for management and oversight 
     activities: Provided, That the Secretary shall provide a 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate 15 days prior to any transfer: 
     Provided further, That any funds so transferred under this 
     section shall remain available for obligation until September 
     30, 2012.''.

               waiver of federal employment requirements

       Sec. 402.  Section 4601(c)(1) of the Atomic Energy Defense 
     Act (50 U.S.C. 2701(c)(1)) is amended by striking ``September 
     30, 2008'' and inserting ``September 30, 2009''.

                    corps of engineers technical fix

       Sec. 403. (a) In General.--Section 3181 of the Water 
     Resources Development Act of 2007 (Public Law 110-114; 121 
     Stat. 1158) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (4) through (11) as 
     paragraphs (5), (6), (8), (9), (10), (11), (12), and (13), 
     respectively;
       (B) by inserting after paragraph (3) the following:

[[Page H6688]]

       ``(4) Northeast harbor, maine.--The project for navigation, 
     Northeast Harbor, Maine, authorized by section 2 of the Act 
     of March 2, 1945 (59 Stat. 12).''; and
       (C) by inserting after paragraph (6) (as redesignated by 
     subparagraph (A)) the following:
       ``(7) Tenants harbor, maine.--The project for navigation, 
     Tenants Harbor, Maine, authorized by the first section of the 
     Act of March 2, 1919 (40 Stat. 1275).''; and
       (2) in subsection (h)--
       (A) by striking paragraphs (15) and (16); and
       (B) by redesignating paragraphs (17) through (29) as 
     paragraphs (15) through (27), respectively.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the Water Resources 
     Development Act of 2007 (Public Law 110-114; 121 Stat. 1041).

               corps of engineers reprogramming authority

       Sec. 404.  Unlimited reprogramming authority is granted to 
     the Secretary of the Army for funds provided in title IV--
     Energy and Water Development of Public Law 111-5 under the 
     heading ``Department of Defense--Civil, Department of the 
     Army, Corps of Engineers--Civil''.

             bureau of reclamation reprogramming authority

       Sec. 405.  Unlimited reprogramming authority is granted to 
     the Secretary of the Interior for funds provided in title 
     IV--Energy and Water Development of Public Law 111-5 under 
     the heading ``Bureau of Reclamation, Water and Related 
     Resources''.

                cost analysis of tritium program changes

       Sec. 406.  No funds in this Act, or other previous Acts, 
     shall be provided to fund activities related to the mission 
     relocation of either the design authority for the gas 
     transfer systems or tritium research and development 
     facilities during the current fiscal year and until the 
     Department can provide the Senate Appropriations Committee an 
     independent technical mission review and cost analysis by the 
     JASON's as proposed in the Complex Transformation Site-Wide 
     Programmatic Environmental Impact Statement.

            corps of engineers project cost ceiling increase

       Sec. 407.  The project for ecosystem restoration, Upper 
     Newport Bay, California, authorized by section 101(b)(9) of 
     the Water Resources Development Act of 2000 (114 Stat. 2577), 
     is modified to authorize the Secretary to construct the 
     project at a total cost of $50,659,000, with an estimated 
     Federal cost of $32,928,000 and a non-Federal cost of 
     $17,731,000.

         title 17 innovative technology loan guarantee program

       Sec. 408.  The matter under the heading ``Title 17 
     Innovative Technology Loan Guarantee Program'' of title III 
     of division C of the Omnibus Appropriations Act, 2009 (Public 
     Law 111-8; 123 Stat. 619) is amended in the ninth proviso--
       (1) by striking ``or (d)'' and inserting ``(d)''; and
       (2) by striking ``the guarantee'' and inserting ``the 
     guarantee; (e) contracts, leases or other agreements entered 
     into prior to May 1, 2009 for front-end nuclear fuel cycle 
     projects, where such project licenses technology from the 
     Department of Energy, and pays royalties to the federal 
     government for such license and the amount of such royalties 
     will exceed the amount of federal spending, if any, under 
     such contracts, leases or agreements; or (f) grants or 
     cooperative agreements, to the extent that obligations of 
     such grants or cooperative agreements have been recorded in 
     accordance with section 1501(a)(5) of title 31, United States 
     Code, on or before May 1, 2009''.

                                TITLE V

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                       National Security Council

                         salaries and expenses

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

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for ``Salaries and Expenses'', 
     $10,000,000, to remain available until September 30, 2010: 
     Provided, That notwithstanding section 302 of division D of 
     Public Law 111-8, funding shall be available for transfer 
     between Judiciary accounts to meet increased workload 
     requirements resulting from immigration and other law 
     enforcement initiatives.

                          INDEPENDENT AGENCIES

                  Financial Crisis Inquiry Commission

                         salaries and expenses

       For the necessary expenses of the Financial Crisis Inquiry 
     Commission established pursuant to section 5 of the Fraud 
     Enforcement and Recovery Act of 2009 (Public Law 111-21), 
     $8,000,000, to remain available until February 15, 2011.

                   Securities and Exchange Commission

                         salaries and expenses

       For an additional amount for necessary expenses for the 
     Securities and Exchange Commission, $10,000,000, to remain 
     available until September 30, 2010, for investigation of 
     securities fraud.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 501. (a) In General.--Section 3(c)(2)(A) of Public Law 
     110-428 is amended--
       (1) in the matter before clause (i), by striking ``4-year'' 
     and inserting ``5-year''; and
       (2) in clause (i), by striking ``1-year'' and inserting 
     ``2-year''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of Public 
     Law 110-428.
       Sec. 502.  The fourth proviso under the heading ``District 
     of Columbia Funds'' of title IV of division D of the Omnibus 
     Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 655) is 
     amended by striking ``and such title'' and inserting ``, as 
     amended by laws enacted pursuant to section 442(c) of the 
     District of Columbia Home Rule Act of 1973, approved December 
     24, 1973 (87 Stat. 798), and such title, as amended,''.
       Sec. 503.  Title V of division D of the Omnibus 
     Appropriations Act, 2009 (Public Law 111-8) is amended under 
     the heading ``Federal Communications Commission'' by striking 
     the first proviso and inserting the following: ``Provided, 
     That of the funds provided, not less than $3,000,000 shall be 
     available for developing a national broadband plan pursuant 
     to title VI of division B of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5) and for carrying 
     out any other responsibility pursuant to that title:''.

                        extension of limitations

       Sec. 504. (a) In General.--Section 44(f)(1) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1831u(f)(1)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and moving the margins 2 ems to 
     the right;
       (2) by striking ``evidence of debt by any insured'' and 
     inserting the following: ``evidence of debt by--
       ``(A) any insured''; and
       (3) by striking the period at the end and inserting the 
     following: ``; and
       ``(B) any nondepository institution operating in such 
     State, shall be equal to not more than the greater of the 
     State's maximum lawful annual percentage rate or 17 percent--
       ``(i) to facilitate the uniform implementation of federally 
     mandated or federally established programs and financings 
     related thereto, including--

       ``(I) uniform accessibility of student loans, including the 
     issuance of qualified student loan bonds as set forth in 
     section 144(b) of the Internal Revenue Code of 1986;
       ``(II) the uniform accessibility of mortgage loans, 
     including the issuance of qualified mortgage bonds and 
     qualified veterans' mortgage bonds as set forth in section 
     143 of such Code;

       ``(III) the uniform accessibility of safe and affordable 
     housing programs administered or subject to review by the 
     Department of Housing and Urban Development, including--

       ``(aa) the issuance of exempt facility bonds for qualified 
     residential rental property as set forth in section 142(d) of 
     such Code;
       ``(bb) the issuance of low income housing tax credits as 
     set forth in section 42 of such Code, to facilitate the 
     uniform accessibility of provisions of the American Recovery 
     and Reinvestment Act of 2009; and
       ``(cc) the issuance of bonds and obligations issued under 
     that Act, to facilitate economic development, higher 
     education, and improvements to infrastructure, and the 
     issuance of bonds and obligations issued under any provision 
     of law to further the same; and
       ``(ii) to facilitate interstate commerce generally, 
     including consumer loans, in the case of any person or 
     governmental entity (other than a depository institution 
     subject to subparagraph (A) and paragraph (2)).''.
       (b) Effective Period.--The amendments made by subsection 
     (a) shall apply with respect to contracts consummated during 
     the period beginning on the date of enactment of this Act and 
     ending on December 31, 2010.

                                TITLE VI

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $46,200,000, to remain available until September 30, 2010, of 
     which $6,200,000 shall be for the care, treatment, and 
     transportation of unaccompanied alien children; and of which 
     $40,000,000 shall be for response to border security issues 
     on the Southwest border of the United States.

 air and marine interdiction, operations, maintenance, and procurement

       For an additional amount for ``Air and Marine Interdiction, 
     Operations, Maintenance, and Procurement'', $5,000,000, to 
     remain available until September 30, 2010, for response to 
     border security issues on the Southwest border of the United 
     States.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $66,800,000, to remain available until September 30, 2010, of 
     which $11,800,000 shall be for the care, treatment, and 
     transportation of unaccompanied alien children; and of which 
     $55,000,000 shall be for response to border security issues 
     on the Southwest border of the United States.

                              Coast Guard

                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $139,503,000; of which $129,503,000 shall be for Coast Guard 
     operations in support of Operation Iraqi Freedom and 
     Operation Enduring Freedom; and of which $10,000,000 shall be 
     available until September 30, 2010, for High Endurance Cutter 
     maintenance, major repairs, and improvements.

[[Page H6689]]

                  Federal Emergency Management Agency

                        state and local programs

       For an additional amount for ``State and Local Programs'', 
     $30,000,000 shall be for Operation Stonegarden.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 601.  Notwithstanding sections 12112, 55102, and 55103 
     of title 46, United States Code, the Secretary of the 
     department in which the Coast Guard is operating shall issue 
     a certificate of documentation with appropriate endorsement 
     for engaging in the coastwise trade in the State of Alabama 
     for the drydock ALABAMA (United States official number 
     641504).
       Sec. 602.  Notwithstanding sections 55101, 55103, and 12112 
     of title 46, United States Code, the Secretary of the 
     department in which the Coast Guard is operating may issue a 
     certificate of documentation with a coastwise endorsement for 
     the vessel MARYLAND INDEPENDENCE (official number 662573). 
     The coastwise endorsement issued under authority of this 
     section is terminated if--
       (1) the vessel, or controlling interest in the person that 
     owns the vessel, is conveyed after the date of enactment of 
     this Act; or
       (2) any repairs or alterations are made to the vessel 
     outside of the United States.

                    (including rescission of funds)

       Sec. 603. (a) Rescission.--Of amounts previously made 
     available from ``Federal Emergency Management Agency, 
     Disaster Relief'' to the State of Mississippi pursuant to 
     section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c) for Hurricane 
     Katrina, an additional $100,000,000 are rescinded.
       (b) Appropriation.--For ``Federal Emergency Management 
     Agency, State and Local Programs'', there is appropriated an 
     additional $100,000,000, to remain available until expended, 
     for a grant to the State of Mississippi for an interoperable 
     communications system required in the aftermath of Hurricane 
     Katrina.
       Sec. 604.  The Department of Homeland Security 
     Appropriations Act, 2009 (Public Law 110-329) is amended 
     under the heading ``Federal Emergency Management Agency, 
     Management and Administration'' after ``the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.),'' by adding ``Cerro Grande Fire 
     Assistance Act of 2000 (division C, title I, 114 Stat. 
     583),''.
       Sec. 605.  Notwithstanding any provision under (a)(1)(A) of 
     15 U.S.C. 2229a specifying that grants must be used to 
     increase the number of firefighters in fire departments, the 
     Secretary of Homeland Security may, in making grants 
     described under 15 U.S.C. 2229a for fiscal year 2009 or 
     fiscal year 2010, grant waivers from the requirements of 
     subsection (a)(1)(B), subsection (c)(1), subsection (c)(2), 
     and subsection (c)(4)(A), and may award grants for the 
     hiring, rehiring, or retention of firefighters.
       Sec. 606.  The Administrator of the Federal Emergency 
     Management Agency shall extend through March 2010 
     reimbursement of State-run case management programs related 
     to Hurricanes Katrina and Rita for individuals in such 
     programs on April 30, 2009.
       Sec. 607.  Section 552 of division E of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161) is amended by 
     striking ``local educational agencies'' and inserting 
     ``primary or secondary school sites'' and by inserting ``and 
     section 406(c)(2)'' after ``section 406(c)(1)''.
       Sec. 608.  For purposes of qualification for loans made 
     under the Disaster Assistance Direct Loan Program as allowed 
     under Public Law 111-5 relating to disaster declaration FEMA-
     1791-DR (issued September 13, 2008) the base period for tax 
     determining loss of revenue may be fiscal year 2009 or fiscal 
     year 2010.
       Sec. 609. (a) Federal Share of Disaster Assistance.--
     Notwithstanding any other provision of law, including any 
     agreement, the Federal share of assistance, including direct 
     Federal assistance provided under section 406 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172), for damages resulting from Hurricane Ike (FEMA-
     1791-DR and FEMA-1792-DR), shall be 90 percent of the 
     eligible costs under such section and shall be 100 percent of 
     such costs under sections 403 and 407 of such Act (42 U.S.C. 
     5170b and 5173).
       (b) Notwithstanding any other provision of law, including 
     any agreement, the Federal share of assistance, including 
     direct Federal assistance provided under section 406 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5172), for FEMA-1841-DR shall be 90 percent of 
     the eligible costs under such section and shall be 100 
     percent of such costs under sections 403 and 407 of such Act 
     (42 U.S.C. 5170b and 5173).
       (c) Notwithstanding any other provision of law, including 
     any agreement, the Federal share of assistance, including 
     direct Federal assistance provided under section 406 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5172), for FEMA-1838-DR shall be 90 percent of 
     the eligible costs under such section and shall be 100 
     percent of such costs under sections 403 and 407 of such Act 
     (42 U.S.C. 5170b and 5173).
       (d) Applicability.--The Federal share provided by 
     subsections (a), (b), and (c) shall apply to disaster 
     assistance provided before, on, or after the date of 
     enactment of this Act.

                               TITLE VII

                       DEPARTMENT OF THE INTERIOR

                        Department-Wide Programs

                        wildland fire management

                     (including transfer of funds)

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

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

                     (including transfer of funds)

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

                     GENERAL PROVISION--THIS TITLE

       Sec. 701.  Public Law 111-8, division E, title III, 
     Department of Health and Human Services, Agency for Toxic 
     Substances and Disease Registry, Toxic Substances and 
     Environmental Public Health is amended by inserting ``per 
     eligible employee'' after ``$1,000''.

                               TITLE VIII

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

       For an additional amount for ``Refugee and Entrant 
     Assistance'' for necessary expenses for unaccompanied alien 
     children as authorized by section 462 of the Homeland 
     Security Act of 2002 and section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008, $82,000,000, to remain available through 
     September 30, 2011.

                        Office of the Secretary

            public health and social services emergency fund

                     (including transfer of funds)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' to prepare for and respond to an 
     influenza pandemic, including the development and purchase of 
     vaccine, antivirals, necessary medical supplies, diagnostics, 
     and other surveillance tools and to assist international 
     efforts and respond to international needs relating to the 
     2009-H1N1 influenza outbreak, $1,850,000,000, to remain 
     available until expended: Provided, That no less than 
     $350,000,000 shall be for upgrading State and local capacity: 
     Provided further, That no less than $200,000,000 shall be 
     transferred to the Centers for Disease Control and Prevention 
     to carry out global and domestic disease surveillance, 
     laboratory capacity and research, laboratory diagnostics, 
     risk communication, rapid response, and quarantine: Provided 
     further, That products purchased with these funds may, at the 
     discretion of the Secretary of Health and Human Services 
     (``Secretary''), be deposited in the Strategic National 
     Stockpile under section 319F-2 of the Public Health Service 
     Act: Provided further, That notwithstanding section 496(b) of 
     the Public Health Service Act, funds may be used for the 
     construction or renovation of privately owned facilities for 
     the production of pandemic influenza vaccine and other 
     biologics, where the Secretary finds such a contract 
     necessary to secure sufficient supplies of such vaccines or 
     biologics: Provided further, That funds appropriated in this 
     paragraph and not specifically designated in this paragraph 
     may be transferred to, and merged with, other appropriation 
     accounts of the Department of Health and Human Services and 
     other Federal agencies, as determined by the Secretary to be 
     appropriate, to be used for the purposes specified in this 
     paragraph and to the fund authorized by section 319F-4 of the 
     Public Health Service Act: Provided further, That transfers 
     to other Federal agencies shall be made in consultation 
     with the Director of the Office of Management and Budget: 
     Provided further, That 15 days prior to transferring any 
     funds in this paragraph, the Secretary shall notify the 
     Committees on Appropriations of the House of 
     Representatives and the Senate of any such transfer and 
     the planned uses of the funds: Provided further, That the 
     transfer authority provided in this paragraph is in 
     addition to any other transfer authority available in this 
     or any other Act.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'' to prepare for and respond to an 
     influenza pandemic, including the development and purchase of 
     vaccine, antivirals, necessary medical supplies, diagnostics, 
     and other surveillance tools and to assist international 
     efforts and respond to international needs, $5,800,000,000, 
     to remain available until expended: Provided, That products 
     purchased with these funds may, at the discretion of the 
     Secretary of Health and Human Services, be deposited in the 
     Strategic National Stockpile under section 319F-2 of the 
     Public Health Service Act: Provided further, That funds 
     provided in this paragraph shall be available for obligation 
     only in the amounts designated by the President in one or 
     more written

[[Page H6690]]

     notices to the Congress as emergency funds required to 
     address critical needs related to emerging influenza viruses: 
     Provided further, That funds appropriated in this paragraph 
     may be transferred to, and merged with, other appropriation 
     accounts of the Department of Health and Human Services and 
     other Federal agencies to be used for the purposes specified 
     in this paragraph and to the fund authorized by section 319F-
     4 of the Public Health Service Act: Provided further, That 
     transfers to other Federal agencies shall be made in 
     consultation with the Director of the Office of Management 
     and Budget: Provided further, That none of the funds provided 
     in this paragraph shall be made available for obligation 
     until 15 days following the submittal of a detailed 
     obligation plan to the Committees on Appropriations of the 
     House of Representatives and the Senate by the Department of 
     Health and Human Services or any other Federal agency 
     receiving funds: Provided further, That such plan shall be 
     coordinated with the Executive Office of the President, shall 
     identify the amounts and the activities for which funds are 
     specified by the President, and shall be subject to 
     reprogramming procedures: Provided further, That the transfer 
     authority provided in this paragraph is in addition to any 
     other transfer authority available in this or any other Act.

                     GENERAL PROVISIONS--THIS TITLE

                          (transfer of funds)

       Sec. 801.  Section 801(a) of division A of Public Law 111-5 
     is amended by inserting ``, and may be transferred by the 
     Department of Labor to any other account within the 
     Department for such purposes'' before the end period.
       Sec. 802.  Title II of division F of the Omnibus 
     Appropriations Act, 2009 (Public Law 111-8) is amended under 
     the heading ``Children and Families Services Programs''--
       (1) by striking the first proviso in its entirety; and
       (2) by striking ``Provided further'' the first place it 
     appears and inserting ``Provided''.
       Sec. 803.  The Commissioner of the Rehabilitation Services 
     Administration, or the Director of a designated State unit 
     that has approval to make awards under section 723 of the 
     Rehabilitation Act, may allocate funds appropriated under the 
     American Reinvestment and Recovery Act of 2009 (Public Law 
     111-5) (``ARRA'') for the Centers for Independent Living 
     Program among centers in a State without regard to the 
     priority in section 722(e)(3) or section 723(e)(3) of the 
     Rehabilitation Act of 1973 for funding new centers if the 
     allocation is consistent with the provisions of the State 
     plan submitted under section 704 of the Rehabilitation Act 
     and approved by the Commissioner. Such funds and other 
     Independent Living funds available under ARRA that are being 
     set aside by the Department of Education for competitive 
     grants may be used to support multi-year grants of up to 5 
     years and may be expended by any recipients of such multi-
     year grants during the project period of the grant, 
     notwithstanding any provision in the Rehabilitation Act 
     limiting the period of availability for obligation or 
     expenditure by the grantee.

                     (including transfer of funds)

       Sec. 804. (a) Notwithstanding any other provision of law, 
     during the period from September 1 through September 30, 
     2009, the Secretary of Education shall transfer to the 
     Career, Technical, and Adult Education account an amount not 
     to exceed $10,260,000 from amounts that would otherwise lapse 
     at the end of fiscal year 2009 and that were originally made 
     available under the Department of Education Appropriations 
     Act, 2009 or any Department of Education Appropriations Act 
     for a previous fiscal year.
       (b) Funds transferred under this section to the Career, 
     Technical, and Adult Education account shall be obligated by 
     September 30, 2009.
       (c) Any amounts transferred pursuant to this section shall 
     be for carrying out Adult Education State Grants, and shall 
     be allocated, notwithstanding any other provision of law, 
     only to those States that received funds under that program 
     for fiscal year 2009 that were at least 9.9 percent less than 
     those States received under that program for fiscal year 
     2008.
       (d) The Secretary shall use these additional funds to 
     increase those States' allocations under that program up to 
     the amount they received under that program for fiscal year 
     2008.
       (e) The Secretary shall notify the Committees on 
     Appropriations of both Houses of Congress of any transfer 
     pursuant to this section.

                                TITLE IX

                           LEGISLATIVE BRANCH

                             CAPITOL POLICE

                            General Expenses

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

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $2,000,000, to remain available until September 30, 2010.

                                TITLE X

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

                         (including rescission)

       For an additional amount for ``Military Construction, 
     Army'', $1,326,231,000, of which $680,850,000 shall remain 
     available until September 30, 2010, and of which $645,381,000 
     for child development centers, warrior in transition 
     facilities, hurricane damage repair, and planning and design 
     shall remain available until September 30, 2013: Provided, 
     That notwithstanding any other provision of law, such funds 
     may be obligated and expended to carry out planning and 
     design and military construction projects not otherwise 
     authorized by law: Provided further, That of the funds 
     provided under this heading, not to exceed $68,081,000 shall 
     be available for study, planning, design, and architect and 
     engineer services: Provided further, That none of the funds 
     provided under this heading for military construction 
     projects in Afghanistan shall be obligated or expended until 
     the Secretary of Defense certifies to the Committees on 
     Appropriations of both Houses of Congress that a prefinancing 
     statement for each project has been submitted to the North 
     Atlantic Treaty Organization (NATO) for consideration of 
     funding by the NATO Security Investment Program: Provided 
     further, That, notwithstanding any other provision of this 
     Act, of the funds provided under this heading, $143,242,000 
     are designated as an emergency requirement and necessary to 
     meet emergency needs pursuant to sections 403(a) and 423(b) 
     of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010: Provided 
     further, That of the funds appropriated for ``Military 
     Construction, Army'' under Public Law 110-252, $143,242,000 
     are hereby rescinded.

              Military Construction, Navy and Marine Corps

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

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $281,620,000, of which $258,150,000 shall remain 
     available until September 30, 2010, and of which $23,470,000 
     for child development centers and planning and design shall 
     remain available until September 30, 2013: Provided, That 
     notwithstanding any other provision of law, such funds may be 
     obligated and expended to carry out planning and design and 
     military construction projects not otherwise authorized by 
     law: Provided further, That of the funds provided under this 
     heading, not to exceed $12,070,000 shall be available for 
     study, planning, design, and architect and engineer services: 
     Provided further, That none of the funds provided under this 
     heading for military construction projects in Afghanistan 
     shall be obligated or expended until the Secretary of Defense 
     certifies to the Committees on Appropriations of both Houses 
     of Congress that a prefinancing statement for each project 
     has been submitted to the North Atlantic Treaty Organization 
     (NATO) for consideration of funding by the NATO Security 
     Investment Program.

                  Military Construction, Defense-Wide

       For an additional amount for ``Military Construction, 
     Defense-Wide'', $661,552,000, to remain available until 
     September 30, 2013: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects in the United States not otherwise authorized by 
     law: Provided further, That of the amount provided under this 
     heading, $169,500,000 shall be for the construction of a 
     National Security Agency data center and $488,000,000 
     shall be for the construction of hospitals: Provided 
     further, That $1,589,500,000 is hereby authorized for the 
     National Security Agency data center for fiscal years 2009 
     through 2013 for the purposes of this appropriation: 
     Provided further, That not later than 30 days after the 
     enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Appropriations of both Houses 
     of Congress an expenditure plan for the funds provided for 
     hospital construction under this heading.

     North Atlantic Treaty Organization Security Investment Program

       For an additional amount for ``North Atlantic Treaty 
     Organization Security Investment Program'', $100,000,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, such funds are 
     authorized for the North Atlantic Treaty Security Investment 
     Program for purposes of section 2806 of title 10, United 
     States Code, and section 2502 of the Military Construction 
     Authorization Act for Fiscal Year 2009 (division B of Public 
     Law 110-417).

            Department of Defense Base Closure Account 2005

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1001.  None of the funds appropriated in this or any 
     other Act may be used to disestablish, reorganize, or 
     relocate the Armed Forces Institute of Pathology, except for 
     the Armed Forces Medical Examiner and the National Museum of 
     Health and Medicine, until the President has established, as 
     required by section 722

[[Page H6691]]

     of the National Defense Authorization Act for Fiscal Year 
     2008 (Public Law 110-181; 122 Stat. 199; 10 U.S.C. 176 note), 
     a Joint Pathology Center, and the Joint Pathology Center is 
     demonstrably performing the minimum requirements set forth in 
     section 722 of the National Defense Authorization Act for 
     Fiscal Year 2008.
       Sec. 1002. (a) Entitlement.--Section 3311 of title 38, 
     United States Code, is amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(9) An individual who is the child of a person who, on or 
     after September 11, 2001, dies in line of duty while serving 
     on active duty as a member of the Armed Forces.''; and
       (2) by adding at the end the following new subsection:
       ``(f) Marine Gunnery Sergeant John David Fry Scholarship.--
       ``(1) In general.--Educational assistance payable by reason 
     of paragraph (9) of subsection (b) shall be known as the 
     `Marine Gunnery Sergeant John David Fry scholarship'.
       ``(2) Definition of child.--For purposes of that paragraph, 
     the term `child' includes a married individual or an 
     individual who is above the age of twenty-three years.''.
       (b) Amount.--Section 3313(c)(1) of such title is amended by 
     striking ``section 3311(b)(1) or 3311(b)(2)'' and inserting 
     ``paragraph (1), (2), or (9) of section 3311(b)''.
       (c) Time Limitation for Use.--Section 3321(b) of such title 
     is amended by adding at the end the following new paragraph:
       ``(4) Applicability to children of deceased members.--The 
     period during which an individual entitled to educational 
     assistance by reason of section 3311(b)(9) may use such 
     individual's entitlement expires at the end of the 15-year 
     period beginning on the date of such individual's eighteenth 
     birthday.''.
       (d) Effective Date; Applicability.--
       (1) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2009.
       (2) Applicability.--The Secretary of Veterans Affairs shall 
     begin making payments to individuals entitled to educational 
     assistance by reason of paragraph (9) of section 3311(b) of 
     title 38, United States Code, as added by subsection (a), by 
     not later than August 1, 2010. In the case of an individual 
     entitled to educational assistance by reason of such 
     paragraph for the period beginning on August 1, 2009, and 
     ending on July 31, 2010, the Secretary shall make retroactive 
     payments to such individual for such period by not later than 
     August 1, 2010.

                                TITLE XI

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $997,890,000, to remain available until September 
     30, 2010, of which $146,358,000 is for Worldwide Security 
     Protection and shall remain available until expended: 
     Provided, That the Secretary of State may transfer up to 
     $137,600,000 of the funds made available under this heading 
     to any other appropriation of any department or agency of the 
     United States, upon the concurrence of the head of such 
     department or agency, to support operations in and assistance 
     for Afghanistan and to carry out the provisions of the 
     Foreign Assistance Act of 1961: Provided further, That of the 
     funds appropriated under this heading, up to $10,000,000 for 
     public diplomacy activities may be transferred to, and merged 
     with, funds made available under the heading ``International 
     Broadcasting Operations'' for broadcasting activities to the 
     Pakistan-Afghanistan border region.

                      office of inspector general

                     (including transfer of funds)

       For an additional amount for ``Office of Inspector 
     General'', $24,122,000, to remain available until September 
     30, 2010, of which $7,000,000 shall be transferred to the 
     Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight, and $7,200,000 shall be transferred 
     to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight: Provided, That 
     the Special Inspector General for Afghanistan Reconstruction 
     may exercise the authorities of subsections (b) through (i) 
     of section 3161 of title 5, United States Code (without 
     regard to subsection (a) of such section) for funds made 
     available for fiscal years 2009 and 2010: Provided further, 
     That the Inspector General of the United States Department of 
     State and the Broadcasting Board of Governors, the Special 
     Inspector General for Iraq Reconstruction, the Special 
     Inspector General for Afghanistan Reconstruction, and the 
     Inspector General of the United States Agency for 
     International Development shall coordinate and integrate the 
     programming of funds made available under this heading in 
     fiscal year 2009 for oversight of programs in Afghanistan, 
     Pakistan and Iraq: Provided further, That the Secretary of 
     State shall submit to the Committees on Appropriations, 
     within 30 days of completion, the annual comprehensive audit 
     plan for the Middle East and South Asia developed by the 
     Southwest Asia Joint Planning Group in accordance with 
     section 842 of Public Law 110-181.

            embassy security, construction, and maintenance

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $921,500,000, to remain 
     available until expended, for worldwide security upgrades, 
     acquisition, and construction as authorized, and shall be 
     made available for secure diplomatic facilities and housing 
     for United States mission staff in Afghanistan and Pakistan, 
     and for mobile mail screening units.

                      International Organizations

        contributions for international peacekeeping activities

       For an additional amount for ``Contributions for 
     International Peacekeeping Activities'', $721,000,000, to 
     remain available until September 30, 2010.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $157,600,000, to remain available until September 30, 2010.

                        capital investment fund

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

                      office of inspector general

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

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                    global health and child survival

       For an additional amount for ``Global Health and Child 
     Survival'', $150,000,000, to remain available until September 
     30, 2010: Provided, That $50,000,000 shall be made available 
     for pandemic preparedness and response: Provided further, 
     That $100,000,000 shall be made available, notwithstanding 
     any other provision of law, except for the United States 
     Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
     2003 (Public Law 108-25), for a United States contribution to 
     the Global Fund to Fight AIDS, Tuberculosis and Malaria: 
     Provided  further, That notwithstanding any other provision 
     of law, to include minimum funding requirements or funding 
     directives, if the President determines and reports to the 
     Committees on Appropriations that the human-to-human 
     transmission of the H1N1 virus is efficient and sustained, 
     severe, and is spreading internationally, funds made 
     available under the headings ``Global Health and Child 
     Survival'', ``Development Assistance'', ``Economic Support 
     Fund'', and ``Millennium Challenge Corporation'' in prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs may be made 
     available to combat the H1N1 virus: Provided further, That 
     funds made available pursuant to the authority of the 
     previous proviso shall be subject to prior consultation with, 
     and the regular notification procedures of, the Committees on 
     Appropriations.

                   international disaster assistance

       For an additional amount for ``International Disaster 
     Assistance'', $270,000,000, to remain available until 
     expended.

                         economic support fund

                     (including transfer of funds)

       For an additional amount for ``Economic Support Fund'', 
     $2,973,601,000, to remain available until September 30, 2010: 
     Provided, That of the funds made available under this heading 
     for assistance for the West Bank and Gaza, $2,000,000 shall 
     be transferred to, and merged with, funds available under the 
     heading ``United States Agency for International Development, 
     Funds Appropriated to the President, Office of Inspector 
     General'' to conduct oversight of programs in the West Bank 
     and Gaza: Provided further, That of the amounts made 
     available for assistance for the West Bank and Gaza, not more 
     than $200,000,000 may be made available for cash transfer 
     assistance to the Palestinian Authority: Provided further, 
     That none of the funds made available under this heading for 
     cash transfer assistance to the Palestinian Authority may be 
     obligated for salaries of personnel of the Palestinian 
     Authority located in Gaza: Provided further, That of the 
     funds appropriated under this heading, up to $10,000,000 may 
     be made available for humanitarian assistance in Burma for 
     individuals and communities impacted by Cyclone Nargis, 
     notwithstanding any other provision of law: Provided further, 
     That of the funds appropriated under this heading for 
     assistance for Afghanistan and Pakistan, assistance may be 
     provided notwithstanding any provision of law that restricts 
     assistance to foreign countries for cross border 
     stabilization and development programs between Afghanistan 
     and Pakistan or between either country and the Central Asian 
     republics, and shall be administered by the Special 
     Representative for Afghanistan and Pakistan at the Department 
     of State: Provided further, That none of the funds 
     appropriated in this title for democracy and civil society 
     programs may be made available for the construction of 
     facilities in the United States.

            assistance for europe, eurasia and central asia

       For an additional amount for ``Assistance for Europe, 
     Eurasia and Central Asia'', $272,000,000, to remain available 
     until September 30, 2010, of which $242,000,000 shall be 
     available for assistance for Georgia: Provided, That funds 
     appropriated under this heading may be made available for 
     assistance for other Eurasian countries to meet unanticipated 
     requirements only if the Secretary of State determines and 
     reports to the Committees on Appropriations that to do so is 
     in the national security interests of the United States: 
     Provided further, That of the funds appropriated under this 
     heading, $30,000,000 may be made available for assistance for 
     the Kyrgyz Republic to provide a long-range air traffic 
     control and safety system to support air operations in the 
     Kyrgyz Republic, including at Manas International Airport, 
     notwithstanding any other provision of law: Provided further, 
     That funds appropriated under this heading shall be subject 
     to prior consultation with, and the regular notification 
     procedures of, the Committees on Appropriations.

[[Page H6692]]

                          Department of State

          international narcotics control and law enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $487,500,000, to remain 
     available until September 30, 2010: Provided, That not less 
     than $160,000,000 shall be made available for assistance for 
     Mexico to combat drug trafficking and related violence and 
     organized crime, and for judicial reform, institution 
     building, anti-corruption, and rule of law activities: 
     Provided further, That funds made available pursuant to the 
     previous proviso shall be made available subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations, except that 
     notifications shall be transmitted at least 5 days in advance 
     of the obligation of any funds appropriated under this 
     heading: Provided further, That none of the funds 
     appropriated in this title may be made available for the cost 
     of fuel for aircraft provided to Mexico, or for operations 
     and maintenance of aircraft purchased by the Government of 
     Mexico: Provided further, That in order to enhance border 
     security and cooperation in law enforcement efforts between 
     Mexico and the United States, funds appropriated in this 
     title that are available for assistance for Mexico may be 
     made available for the procurement of law enforcement 
     communications equipment only if such equipment utilizes open 
     standards and is compatible with, and capable of operating 
     with, radio communications systems and related equipment 
     utilized by Federal law enforcement agencies in the United 
     States to enhance border security and cooperation in law 
     enforcement efforts between Mexico and the United States.

    nonproliferation, anti-terrorism, demining and related programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $102,000,000, to 
     remain available until September 30, 2010, of which up to 
     $77,000,000 may be made available for the Nonproliferation 
     and Disarmament Fund, notwithstanding any other provision of 
     law, to promote bilateral and multilateral activities 
     relating to nonproliferation, disarmament and weapons 
     destruction, and shall remain available until expended: 
     Provided, That funds made available for the Nonproliferation 
     and Disarmament Fund shall be subject to prior consultation 
     with, and the regular notification procedures of, the 
     Committees on Appropriations:  Provided further, That the 
     Secretary of State shall work assiduously to facilitate the 
     regular flow of people and licit goods in and out of Gaza at 
     established border crossings.

                    migration and refugee assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $390,000,000, to remain available until 
     expended.

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President

                        peacekeeping operations

       For an additional amount for ``Peacekeeping Operations'', 
     $185,000,000, to remain available until September 30, 2010: 
     Provided, That up to $168,000,000 may be made available for 
     assistance for Somalia, of which up to $115,900,000 may be 
     used to pay assessed expenses of international peacekeeping 
     activities in Somalia: Provided further, That of the funds 
     appropriated under this heading, $15,000,000 shall be made 
     available for assistance for the Democratic Republic of the 
     Congo and $2,000,000 shall be made available for the 
     Multinational Force and Observer mission in the Sinai.

             international military education and training

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

                   foreign military financing program

       For an additional amount for ``Foreign Military Financing 
     Program'', $1,294,000,000, to remain available until 
     September 30, 2010: Provided, That not less than $260,000,000 
     shall be made available for assistance for the Mexican Navy 
     and shall be available notwithstanding section 7045(e) of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2009 (division H of Public Law 111-8): 
     Provided further, That funds made available pursuant to the 
     previous proviso shall be available notwithstanding section 
     36(b) of the Arms Export Control Act: Provided further, That 
     of the funds appropriated under this heading, not less than 
     $150,000,000 shall be made available for assistance for 
     Jordan: Provided further, That of the funds appropriated 
     under this heading, not less than $555,000,000, shall be 
     available for grants only for Israel and shall be disbursed 
     not later than October 30, 2009: Provided further, That to 
     the extent that the Government of Israel requests that funds 
     be used for such purposes, grants made available for Israel 
     by this paragraph shall, as agreed by the United States and 
     Israel, be available for advanced weapons systems, of which 
     $145,965,000 shall be available for the procurement in Israel 
     of defense articles and defense services, including research 
     and development: Provided further, That of the funds 
     appropriated under this heading, not less than $260,000,000 
     shall be made available for grants only for Egypt, including 
     for border security programs and activities in the Sinai: 
     Provided further, That funds appropriated pursuant to the 
     previous proviso estimated to be outlayed for Egypt shall 
     be transferred to an interest bearing account for Egypt in 
     the Federal Reserve Bank of New York not later than 
     October 30, 2009: Provided further, That up to $69,000,000 
     may be made available for assistance for Lebanon.

               pakistan counterinsurgency capability fund

                     (including transfer of funds)

       There is hereby established in the Treasury of the United 
     States a special account to be known as the ``Pakistan 
     Counterinsurgency Capability Fund''. For necessary expenses 
     to carry out the provisions of chapter 8 of part I and 
     chapters 2, 5, 6, and 8 of part II of the Foreign Assistance 
     Act of 1961 and section 23 of the Arms Export Control Act for 
     counterinsurgency activities in Pakistan, $700,000,000, which 
     shall become available on September 30, 2009, and remain 
     available until September 30, 2011: Provided, That such funds 
     shall be available to the Secretary of State, with the 
     concurrence of the Secretary of Defense, notwithstanding any 
     other provision of law, for the purpose of providing 
     assistance for Pakistan to build and maintain the 
     counterinsurgency capability of Pakistani security forces 
     (including the Frontier Corps), to include program management 
     and the provision of equipment, supplies, services, training, 
     and facility and infrastructure repair, renovation, and 
     construction: Provided further, That such funds may be 
     transferred by the Secretary of State to the Department of 
     Defense or other Federal departments or agencies to support 
     counterinsurgency operations and may be merged with and be 
     available for the same purposes and for the same time period 
     as the appropriation or fund to which transferred, or may be 
     transferred pursuant to the authorities contained in the 
     Foreign Assistance Act of 1961: Provided further, That the 
     Secretary of State shall, not fewer than 15 days prior to 
     making transfers from this appropriation, notify the 
     Committees on Appropriations, and the congressional defense 
     and foreign affairs committees, in writing of the details of 
     any such transfer: Provided further, That the Secretary of 
     State shall submit not later than 30 days after the end of 
     each fiscal quarter to the Committees on Appropriations a 
     report summarizing, on a project-by-project basis, the 
     transfer of funds from this appropriation: Provided further, 
     That upon determination by the Secretary of Defense or head 
     of other Federal department or agency, with the concurrence 
     of the Secretary of State, that all or part of the funds so 
     transferred from this appropriation are not necessary for the 
     purposes herein, such amounts may be transferred by the head 
     of the relevant Federal department or agency back to this 
     appropriation and shall be available for the same purposes 
     and for the same time period as originally appropriated: 
     Provided further, That any required notification or report 
     may be submitted in classified or unclassified form.

                     GENERAL PROVISIONS--THIS TITLE

                        extension of authorities

       Sec. 1101.  Funds appropriated in this title may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672, section 15 of the State Department Basic 
     Authorities Act of 1956, section 313 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236), and section 504(a)(1) of the National Security Act 
     of 1947 (50 U.S.C. 414(a)(1)).

                              afghanistan

       Sec. 1102. (a) In General.--Funds appropriated in this 
     title under the heading ``Economic Support Fund'' that are 
     available for assistance for Afghanistan shall be made 
     available, to the maximum extent practicable, in a manner 
     that utilizes Afghan entities and emphasizes the 
     participation of Afghan women and directly improves the 
     security, economic and social well-being, and political 
     status, of Afghan women and girls.
       (b) Assistance for Women and Girls.--
       (1) Funds appropriated in this title for assistance for 
     Afghanistan shall comply with sections 7062 and 7063 of 
     Public Law 111-8, and shall be made available to support 
     programs that increase participation by women in the 
     political process, including at the national, provincial, and 
     sub-provincial levels, and in efforts to improve security in 
     Afghanistan.
       (2) Of the funds appropriated for assistance for 
     Afghanistan in fiscal year 2009 under the headings ``Economic 
     Support Fund'' and ``International Narcotics Control and Law 
     Enforcement'', not less than $150,000,000 shall be made 
     available to support programs that directly address the needs 
     of Afghan women and girls, including for the Afghan 
     Independent Human Rights Commission, the Afghan Ministry of 
     Women's Affairs, and for women-led nongovernmental 
     organizations.
       (c) Procurement of Afghan Products and Services.--
       (1) In general.--Funds made available for assistance for 
     Afghanistan in this title and in prior acts appropriating 
     funds for Department of State, foreign operations, and 
     related programs, may be used to conduct procurements and to 
     award assistance instruments in which--
       (A) competition is limited to products, services, or 
     sources that are from Afghanistan;
       (B) procedures other than competitive procedures are used 
     to award a contract or assistance instrument to a particular 
     source or sources from Afghanistan; or
       (C) a preference is provided for products, services, or 
     sources that are from Afghanistan.
       (2) Products, services, and sources from afghanistan.--For 
     the purposes of this section:
       (A) A product is from Afghanistan if it is mined, produced, 
     or manufactured in Afghanistan.
       (B) A service is from Afghanistan if it is performed in 
     Afghanistan by citizens or permanent resident aliens of 
     Afghanistan.
       (C) A source is from Afghanistan if it--
       (i) is located in Afghanistan; and
       (ii) offers products or services that are from Afghanistan.
       (3) Reporting and consulting requirement.--Not less than 
     180 days after enactment of this Act the Secretary of State 
     shall submit a report to the Committees on Appropriations on

[[Page H6693]]

     efforts undertaken by the Department of State and the United 
     States Agency for International Development (USAID) to 
     utilize this authority in order to enhance participation by 
     Afghan entities in development activities in Afghanistan: 
     Provided, That the Secretary of State and the Administrator 
     of USAID shall consult with the Committees on Appropriations 
     regarding the exercise of the authority of this subsection 
     and prior to submitting the report required by this 
     paragraph: Provided further, That the exercise of such 
     authority in excess of $15,000,000 for any single contract or 
     assistance instrument is subject to the regular notification 
     procedures of the Committees on Appropriations.
       (d) Anticorruption.--Ten percent of the funds appropriated 
     under the heading ``International Narcotics Control and Law 
     Enforcement'' that are available for assistance for the 
     Government of Afghanistan shall be withheld from obligation 
     until the Secretary of State reports to the Committees on 
     Appropriations that the Government of Afghanistan is 
     implementing a policy to promptly remove from office any 
     government official who is credibly alleged to have engaged 
     in narcotics trafficking, gross violations of human rights, 
     or other major crimes.
       (e) Acquisition of Property.--Not more than $20,000,000 of 
     the funds appropriated in this title should be made available 
     to pay for the acquisition of property for diplomatic 
     facilities in Afghanistan.
       (f) United Nations Development Program.--Funds appropriated 
     in this title may be made available for programs and 
     activities of the United Nations Development Program (UNDP) 
     in Afghanistan if the Secretary of State reports to the 
     Committees on Appropriations that UNDP is fully cooperating 
     with efforts of the United States Agency for International 
     Development (USAID) to investigate expenditures by UNDP of 
     USAID funds associated with the Quick Impact Program in 
     Afghanistan.
       (g) National Solidarity Program.--Of the funds appropriated 
     in this title under the heading ``Economic Support Fund'' 
     that are available for assistance for Afghanistan, not less 
     than $70,000,000 shall be made available for the National 
     Solidarity Program.
       (h) Airwings.--The uses and oversight of aircraft purchased 
     or leased by the Department of State and the United States 
     Agency for International Development by funds appropriated by 
     this Act or prior Acts making appropriations for the 
     Department of State, foreign operations and related programs 
     shall be coordinated under the authority of the United States 
     Chief of Mission in Afghanistan: Provided, That such aircraft 
     may be used to transport Federal and non-Federal personnel 
     supporting the Department of State and United States Agency 
     for International Development programs and activities: 
     Provided further, That official travel for other agencies for 
     other purposes may be supported on a reimbursable basis, or 
     without reimbursement when traveling on a space available 
     basis.

                              allocations

       Sec. 1103. (a) Funds appropriated in this title for the 
     following accounts shall be made available for programs and 
     countries in the amounts contained in the respective tables 
     included in the joint statement accompanying this Act:
       (1) ``Diplomatic and Consular Programs''.
       (2) ``Embassy Security, Construction, and Maintenance''.
       (3) ``Economic Support Fund''.
       (4) ``International Narcotics Control and Law 
     Enforcement''.
       (b) For the purposes of implementing this section, and only 
     with respect to the tables included in the joint statement 
     accompanying this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, as appropriate, may propose deviations to the 
     amounts referenced in subsection (a), subject to the regular 
     notification procedures of the Committees on Appropriations 
     and section 634A of the Foreign Assistance Act of 1961.

               spending plan and notification procedures

       Sec. 1104. (a) Spending Plan.--Not later than 45 days after 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development, shall submit to the 
     Committees on Appropriations a report detailing planned 
     expenditures for funds appropriated in this title, except for 
     funds appropriated under the headings ``International 
     Disaster Assistance'' and ``Migration and Refugee 
     Assistance''.
       (b) Notification.--Funds made available in this title shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations and section 634A of the Foreign 
     Assistance Act of 1961.

                        global financial crisis

       Sec. 1105. (a) In General.--Of the funds appropriated in 
     this title under the heading ``Economic Support Fund'', not 
     more than $255,601,000 may be made available for assistance 
     for vulnerable populations in developing countries severely 
     affected by the global financial crisis that--
       (1) have a 2007 per capita Gross National Income of $3,705 
     or less;
       (2) have seen a contraction in predicted growth rates of 2 
     percent or more since 2007; and
       (3) demonstrate consistent improvement on the democracy and 
     governance indicators as measured by the Millennium Challenge 
     Corporation 2009 Country Scorebook.
       (b) Transfer Authorities.--Of the funds appropriated in 
     this title under the heading ``Economic Support Fund'' for 
     developing countries impacted by the global financial 
     crisis--
       (1) up to $29,000,000 may be transferred and merged with 
     ``Development Credit Authority'', for the cost of direct 
     loans and loan guarantees notwithstanding the dollar 
     limitations in such account on transfers to the account and 
     the principal amount of loans made or guaranteed with respect 
     to any single country or borrower: Provided, That such 
     transferred funds may be available to subsidize total loan 
     principal, any portion of which is to be guaranteed, of up to 
     $2,000,000,000: Provided further, That the authority provided 
     by the previous proviso is in addition to authority provided 
     under the heading ``Development Credit Authority'' in Public 
     Law 111-8: Provided further, That up to $1,500,000 may be for 
     administrative expenses to carry out credit programs 
     administered by the United States Agency for International 
     Development; and
       (2) up to $20,000,000 may be transferred to, and merged 
     with, ``Overseas Private Investment Corporation Program 
     Account'': Provided, That the authority provided in this 
     paragraph is in addition to authority provided in section 
     7081 in Public Law 111-8.
       (c) Reprogramming Authority.--Notwithstanding any other 
     provision of law, funds appropriated under the heading 
     ``Millennium Challenge Corporation'' (MCC) in prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs may be made available for 
     programs and activities to assist vulnerable populations 
     severely affected by the global financial crisis in a country 
     that has signed a compact with the MCC or has been designated 
     by the MCC as a threshold country: Provided, That such a 
     modification of a compact or threshold program by the MCC 
     should be made, if practicable, prior to making available 
     additional assistance for such purposes: Provided further, 
     That the MCC shall consult with the Committees on 
     Appropriations prior to exercising the authority of this 
     subsection.
       (d) Report.--The Secretary of State, in consultation with 
     the Administrator of the United States Agency for 
     International Development (USAID), shall submit a spending 
     plan not later than 45 days after the date of enactment of 
     this Act to the Committees on Appropriations, and prior to 
     the initial obligation of funds appropriated for countries 
     impacted by the global economic crisis, detailing the use of 
     all funds on a country-by-country, and project-by-project 
     basis: Provided, That for each project, the report shall 
     include (1) the projected long-term economic impact of 
     providing such funds; (2) the name of the entity or 
     implementing organization to which funds are being provided; 
     (3) whether funds will be provided as a direct cash transfer 
     to a local or national government entity; and (4) an 
     assessment of whether USAID has reviewed its existing 
     programs in such country to determine reprogramming 
     opportunities to increase assistance for vulnerable 
     populations: Provided further, That funds transferred to the 
     Development Credit Authority and the Overseas Private 
     Investment Corporation are subject to the reporting 
     requirements in section 1104.

                                  iraq

       Sec. 1106. (a) In General.--Funds appropriated in this 
     title that are available for assistance for Iraq shall be 
     made available, to the maximum extent practicable, in a 
     manner that utilizes Iraqi entities.
       (b) Matching Requirement.--Funds appropriated in this title 
     for assistance for Iraq shall be made available in accordance 
     with the Department of State's April 9, 2009, ``Guidelines 
     for Government of Iraq Financial Participation in United 
     States Government-Funded Civilian Foreign Assistance Programs 
     and Projects''.
       (c) Other Assistance.--Of the funds appropriated in this 
     title under the heading ``Economic Support Fund'', not less 
     than $15,000,000 shall be made available for targeted 
     development programs and activities in areas of conflict in 
     Iraq, and the responsibility for policy decisions and 
     justifications for the use of such funds shall be the 
     responsibility of the United States Chief of Mission in Iraq.

                   prohibition on assistance to hamas

       Sec. 1107. (a) None of the funds appropriated in this title 
     may be made available for assistance to Hamas, or any entity 
     effectively controlled by Hamas or any power-sharing 
     government of which Hamas is a member.
       (b) Notwithstanding the limitation of subsection (a), 
     assistance may be provided to a power-sharing government only 
     if the President certifies in writing and reports to the 
     Committees on Appropriations that such government, including 
     all of its ministers or such equivalent, has publicly 
     accepted and is complying with the principles contained in 
     section 620K(b)(1)(A) and (B) of the Foreign Assistance Act 
     of 1961.
       (c) The President may exercise the authority in section 
     620K(e) of the Foreign Assistance Act as added by the 
     Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) 
     with respect to this section.
       (d) Whenever the certification pursuant to subsection (b) 
     is exercised, the Secretary of State shall submit a report to 
     the Committees on Appropriations within 120 days of the 
     certification and every quarter thereafter on whether such 
     government, including all of its ministers or such 
     equivalent, are continuing to comply with the principles 
     contained in section 620K(b)(1)(A) and (B) of the Foreign 
     Assistance Act of 1961. The report shall also detail the 
     amount, purposes and delivery mechanisms for any assistance 
     provided pursuant to the abovementioned certification and a 
     full accounting of any direct support of such government.

                          terms and conditions

       Sec. 1108.  Unless otherwise provided for in this Act, 
     funds appropriated or otherwise made available in this title 
     shall be available under the authorities and conditions 
     provided in the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2009 (division H of 
     Public Law 111-8), except that sections 7070(e), with respect 
     to funds made available for macroeconomic growth assistance 
     for

[[Page H6694]]

     Zimbabwe, and 7042(a) and (c) of such Act shall not apply to 
     funds made available in this title.

              multilateral development bank replenishments

       Sec. 1109. (a) International Development Association.--The 
     International Development Association Act (22 U.S.C. 284 et 
     seq.) is amended by adding at the end thereof the following:

     ``SEC. 24. FIFTEENTH REPLENISHMENT.

       ``(a) The United States Governor of the International 
     Development Association is authorized to contribute on behalf 
     of the United States $3,705,000,000 to the fifteenth 
     replenishment of the resources of the Association, subject to 
     obtaining the necessary appropriations.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, $3,705,000,000 
     for payment by the Secretary of the Treasury.

     ``SEC. 25. MULTILATERAL DEBT RELIEF.

       ``(a) The Secretary of the Treasury is authorized to 
     contribute, on behalf of the United States, not more than 
     $356,000,000 to the International Development Association for 
     the purpose of funding debt relief under the Multilateral 
     Debt Relief Initiative in the period governed by the 
     fifteenth replenishment of resources of the International 
     Development Association, subject to obtaining the necessary 
     appropriations and without prejudice to any funding 
     arrangements in existence on the date of the enactment of 
     this section.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, not more than 
     $356,000,000 for payment by the Secretary of the Treasury.
       ``(c) In this section, the term `Multilateral Debt Relief 
     Initiative' means the proposal set out in the G8 Finance 
     Ministers' Communique entitled `Conclusions on Development,' 
     done at London, June 11, 2005, and reaffirmed by G8 Heads of 
     State at the Gleneagles Summit on July 8, 2005.''.
       (b) African Development Fund.--The African Development Fund 
     Act (22 U.S.C. 290 et seq.) is amended by adding at the end 
     thereof the following:

     ``SEC. 219. ELEVENTH REPLENISHMENT.

       ``(a) The United States Governor of the African Development 
     Fund is authorized to contribute on behalf of the United 
     States $468,165,000 to the eleventh replenishment of the 
     resources of the Fund, subject to obtaining the necessary 
     appropriations.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, $468,165,000 
     for payment by the Secretary of the Treasury.

     ``SEC. 220. MULTILATERAL DEBT RELIEF INITIATIVE.

       ``(a) The Secretary of the Treasury is authorized to 
     contribute, on behalf of the United States, not more than 
     $26,000,000 to the African Development Fund for the purpose 
     of funding debt relief under the Multilateral Debt Relief 
     Initiative in the period governed by the eleventh 
     replenishment of resources of the African Development Fund, 
     subject to obtaining the necessary appropriations and without 
     prejudice to any funding arrangements in existence on the 
     date of the enactment of this section.
       ``(b) In order to pay for the United States contribution 
     provided for in subsection (a), there are authorized to be 
     appropriated, without fiscal year limitation, not more than 
     $26,000,000 for payment by the Secretary of the Treasury.''.

           promotion of policy goals at the world bank group

       Sec. 1110.  Title XVI of the International Financial 
     Institutions Act (22 U.S.C. 262p et seq.) is amended by 
     adding at the end thereof the following:

     ``SEC. 1626. REFORM OF THE `DOING BUSINESS' REPORT OF THE 
                   WORLD BANK.

       ``(a) The Secretary of the Treasury shall instruct the 
     United States Executive Directors at the International Bank 
     for Reconstruction and Development, the International 
     Development Association, and the International Finance 
     Corporation of the following United States policy goals, and 
     to use the voice and vote of the United States to actively 
     promote and work to achieve these goals:
       ``(1) Suspension of the use of the `Employing Workers' 
     Indicator for the purpose of ranking or scoring country 
     performance in the annual Doing Business Report of the World 
     Bank until a set of indicators can be devised that fairly 
     represent the value of internationally recognized workers' 
     rights, including core labor standards, in creating a stable 
     and favorable environment for attracting private investment. 
     The indicators shall bring to bear the experiences of the 
     member governments in dealing with the economic, social and 
     political complexity of labor market issues. The indicators 
     should be developed through collaborative discussions with 
     and between the World Bank, the International Finance 
     Corporation, the International Labor Organization, private 
     companies, and labor unions.
       ``(2) Elimination of the `Labor Tax and Social 
     Contributions' Subindicator from the annual Doing Business 
     Report of the World Bank.
       ``(3) Removal of the `Employing Workers' Indicator as a 
     `guidepost' for calculating the annual Country Policy and 
     Institutional Assessment score for each recipient country.
       ``(b) Within 60 days after the date of the enactment of 
     this section, the Secretary of the Treasury shall provide an 
     instruction to the United States Executive Directors referred 
     to in subsection (a) to take appropriate actions with respect 
     to implementing the policy goals of the United States set 
     forth in subsection (a), and such instruction shall be posted 
     on the website of the Department of the Treasury.

     ``SEC. 1627. ENHANCING THE TRANSPARENCY AND EFFECTIVENESS OF 
                   THE INSPECTION PANEL PROCESS OF THE WORLD BANK.

       ``(a) Enhancing Transparency in Implementation of 
     Management Action Plans.--The Secretary of the Treasury shall 
     direct the United States Executive Directors at the World 
     Bank to seek to ensure that World Bank Procedure 17.55, which 
     establishes the operating procedures of Management with 
     regard to the Inspection Panel, provides that Management 
     prepare and make available to the public semiannual progress 
     reports describing implementation of Action Plans considered 
     by the Board; allow and receive comments from Requesters and 
     other Affected Parties for two months after the date of 
     disclosure of the progress reports; post these comments on 
     World Bank and Inspection Panel websites (after receiving 
     permission from the requestors to post with or without 
     attribution); submit the reports to the Board with any 
     comments received; and make public the substance of any 
     actions taken by the Board after Board consideration of the 
     reports.
       ``(b) Safeguarding the Independence and Effectiveness of 
     the Inspection Panel.--The Secretary of the Treasury shall 
     direct the United States Executive Directors at the World 
     Bank to continue to promote the independence and 
     effectiveness of the Inspection Panel, including by seeking 
     to ensure the availability of, and access by claimants to, 
     the Inspection Panel for projects supported by World Bank 
     resources.
       ``(c) Evaluation of Country Systems.--The Secretary of the 
     Treasury shall direct the United States Executive Directors 
     at the World Bank to request an evaluation by the Independent 
     Evaluation Group on the use of country environmental and 
     social safeguard systems to determine the degree to which, in 
     practice, the use of such systems provides the same level of 
     protection at the project level as do the policies and 
     procedures of the World Bank.
       ``(d) World Bank Defined.--In this section, the term `World 
     Bank' means the International Bank for Reconstruction and 
     Development and the International Development Association.''.

        climate change mitigation and greenhouse gas accounting

       Sec. 1111.  Title XIII of the International Financial 
     Institutions Act (22 U.S.C. 262m et seq.) is amended by 
     adding at the end thereof the following:

     ``SEC. 1308. CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS 
                   ACCOUNTING.

       ``(a) Use of Greenhouse Gas Accounting.--The Secretary of 
     the Treasury shall seek to ensure that multilateral 
     development banks (as defined in section 1701(c)(4) of this 
     Act) adopt and implement greenhouse gas accounting in 
     analyzing the benefits and costs of individual projects 
     (excluding those with de minimus greenhouse gas emissions) 
     for which funding is sought from the bank.
       ``(b) Expansion of Climate Change Mitigation Activities.--
     The Secretary of the Treasury shall work to ensure that the 
     multilateral development banks (as defined in section 
     1701(c)(4)) expand their activities supporting climate change 
     mitigation by--
       ``(1) significantly expanding support for investments in 
     energy efficiency and renewable energy, including zero carbon 
     technologies;
       ``(2) reviewing all proposed infrastructure investments to 
     ensure that all opportunities for integrating energy 
     efficiency measures have been considered;
       ``(3) increasing the dialogue with the governments of 
     developing countries regarding--
       ``(A) analysis and policy measures needed for low carbon 
     emission economic development; and
       ``(B) reforms needed to promote private sector investments 
     in energy efficiency and renewable energy, including zero 
     carbon technologies; and
       ``(4) integrate low carbon emission economic development 
     objectives into multilateral development bank country 
     strategies.
       ``(c) Report to Congress.--Not later than 1 year after the 
     date of the enactment of this section, and annually 
     thereafter, the Secretary of the Treasury shall submit a 
     report on the status of efforts to implement this section to 
     the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on Financial 
     Services and the Committee on Appropriations of the House of 
     Representatives.''.

                  multilateral development bank reform

       Sec. 1112. (a) Budget Disclosure.--The Secretary of the 
     Treasury shall seek to ensure that the multilateral 
     development banks make timely, public disclosure of their 
     operating budgets including expenses for staff, consultants, 
     travel and facilities.
       (b) Evaluation.--The Secretary of the Treasury shall seek 
     to ensure that multilateral development banks rigorously 
     evaluate the development impact of selected bank projects, 
     programs, and financing operations, and emphasize use of 
     random assignment in conducting such evaluations, where 
     appropriate and to the extent feasible.
       (c) Extractive Industries.--The Secretary of the Treasury 
     shall direct the United States Executive Directors at the 
     multilateral development banks to promote the endorsement of 
     the Extractive Industry Transparency Initiative (EITI) by 
     these institutions and the integration of the principles of 
     the EITI into extractive industry-related projects that are 
     funded by the multilateral development banks.
       (d) Report.--Not later than September 30, 2009, the 
     Secretary of the Treasury shall submit a report to the 
     Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate, and the Committee on Appropriations 
     and the Committee on Financial Services of the House of 
     Representatives detailing actions taken by the multilateral 
     development banks to achieve the objectives of this section.

[[Page H6695]]

       (e) Coordination of Development Policy.--The Secretary of 
     the Treasury shall consult with the Secretary of State, the 
     Administrator of the United States Agency for International 
     Development, and other Federal agencies, as appropriate, in 
     the formulation and implementation of United States policy 
     relating to the development activities of the World Bank 
     Group.

                 overseas comparability pay adjustment

       Sec. 1113. (a) Subject to such regulations prescribed by 
     the Secretary of State, including with respect to phase-in 
     schedule and treatment as basic pay, and notwithstanding any 
     other provision of law, funds appropriated for this fiscal 
     year in this or any other Act may be used to pay an 
     eligible member of the Foreign Service as defined in 
     subsection (b) of this section a locality-based 
     comparability payment (stated as a percentage) up to the 
     amount of the locality-based comparability payment (stated 
     as a percentage) that would be payable to such member 
     under section 5304 of title 5, United States Code if such 
     member's official duty station were in the District of 
     Columbia.
       (b) A member of the Service shall be eligible for a payment 
     under this section only if the member is designated class 1 
     or below for purposes of section 403 of the Foreign Service 
     Act of 1980 (22 U.S.C. 3963) and the member's official duty 
     station is not in the continental United States or in a non-
     foreign area, as defined in section 591.205 of title 5, Code 
     of Federal Regulations.
       (c) The amount of any locality-based comparability payment 
     that is paid to a member of the Foreign Service under this 
     section shall be subject to any limitations on pay applicable 
     to locality-based comparability payments under section 5304 
     of title 5, United States Code.

                     refugee programs and oversight

                     (including transfer of funds)

       Sec. 1114. (a) Funding.--Of the funds appropriated in this 
     title under the heading ``Migration and Refugee Assistance'', 
     up to $119,000,000 may be made available to the United 
     Nations Relief and Works Agency for activities in the West 
     Bank and Gaza.
       (b) Oversight.--Of the funds made available in this title 
     under the heading ``Economic Support Fund'' for assistance 
     for the West Bank and Gaza, $1,000,000 shall be transferred 
     to, and merged with, funds available under the heading 
     ``Administration of Foreign Affairs, Office of Inspector 
     General'' for oversight of programs in the West Bank, Gaza 
     and surrounding region.

                     technical and other provisions

       Sec. 1115. (a) Modification.--Title III of division H of 
     Public Law 111-8 is amended under the heading ``Economic 
     Support Fund'' in the second proviso by striking ``up to 
     $20,000,000'' and inserting ``not less than $20,000,000''.
       (b) Notification Requirement.--Funds appropriated by this 
     Act that are transferred to the Department of State or the 
     United States Agency for International Development from any 
     other Federal department or agency shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations, notwithstanding any other provision of law.
       (c) Reemployment of Annuitants.--
       (1) Section 824 of the Foreign Service Act of 1980 (22 
     U.S.C. 4064) is amended in subsection (g)(1) by inserting ``, 
     Pakistan,'' after ``Iraq'' each place it appears; and, in 
     subsection (g)(2) by striking ``2009'' and inserting instead 
     ``2010''.
       (2) Section 61 of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1) 
     by adding ``, Pakistan,'' after ``Iraq'' each place it 
     appears; and, in subsection (a)(2) by striking ``2008'' and 
     inserting instead ``2010''.
       (3) Section 625 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2385) is amended in subsection (j)(1)(A) by adding ``, 
     Pakistan,'' after ``Iraq'' each place it appears; and, in 
     subsection (j)(1)(B) by striking ``2008'' and inserting 
     instead ``2010''.
       (d) Incentives for Critical Posts.--Notwithstanding 
     sections 5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United 
     States Code, appropriations made available by this or any 
     other Act may be used to pay recruitment, relocation, and 
     retention bonuses under chapter 57 of title 5, United States 
     Code to members of the Foreign Service, other than chiefs of 
     mission and ambassadors at large, who are on official duty in 
     Iraq, Afghanistan, or Pakistan. This authority shall 
     terminate on October 1, 2010.
       (e) Of the funds appropriated under the heading ``Foreign 
     Military Financing Program'' in Public Law 110-161 that are 
     available for assistance for Colombia, $500,000 may be 
     transferred to, and merged with, funds appropriated under the 
     heading ``International Narcotics Control and Law 
     Enforcement'' to provide medical and rehabilitation 
     assistance for members of Colombian security forces who have 
     suffered severe injuries.

      afghanistan and pakistan commitment and capabilities report

       Sec. 1116. (a) Reporting Requirement.--Not later than the 
     date of submission of the fiscal year 2011 budget request, 
     the President shall submit a report to the appropriate 
     congressional committees, in classified form if necessary, 
     assessing the extent to which the Afghan and Pakistani 
     governments are demonstrating the necessary commitment, 
     capability, conduct and unity of purpose to warrant the 
     continuation of the President's policy announced on March 27, 
     2009, to include:
       (1) the level of political consensus and unity of purpose 
     across ethnic, tribal, religious and political party 
     affiliations to confront the political and security 
     challenges facing the region;
       (2) the level of government corruption that undermines such 
     political consensus and unity of purpose, and actions taken 
     to eliminate it;
       (3) the actions taken by respective security forces and 
     appropriate government entities in developing a 
     counterinsurgency capability, conducting counterinsurgency 
     operations and establishing security and governance on the 
     ground;
       (4) the actions taken by respective intelligence agencies 
     in cooperating with the United States on counterinsurgency 
     and counterterrorism operations and in terminating policies 
     and programs, and removing personnel, that provide material 
     support to extremist networks that target United States 
     troops or undermine United States objectives in the region;
       (5) the ability of the Afghan and Pakistani governments to 
     effectively control and govern the territory within their 
     respective borders; and
       (6) the ways in which United States Government assistance 
     contributed, or failed to contribute, to achieving the 
     actions outlined above.
       (b) Policy Assessment.--The President, on the basis of 
     information gathered and coordinated by the National Security 
     Council, shall advise the appropriate congressional 
     committees on how such assessment requires, or does not 
     require, changes to such policy.
       (c) Definition.--For purposes of this section, 
     ``appropriate congressional committees'' means the Committees 
     on Appropriations, Foreign Relations and Armed Services of 
     the Senate, and the Committees on Appropriations, Foreign 
     Affairs and Armed Services of the House of Representatives.

        united states policy report on afghanistan and pakistan

       Sec. 1117. (a) Statement of Objectives.--Not later than 90 
     days after the date of the enactment of this Act, the 
     President shall submit to the appropriate congressional 
     committees a clear statement of the objectives of United 
     States policy with respect to Afghanistan and Pakistan, and 
     the metrics to be utilized to assess progress toward 
     achieving such objectives.
       (b) Reporting Requirement.--Not later than March 30, 2010 
     and every 180 days thereafter until September 30, 2011, the 
     President, in consultation with Coalition partners as 
     appropriate, shall submit to the appropriate congressional 
     committees a report, in classified form if necessary, setting 
     forth the following:
       (1) a description and assessment of the progress of United 
     States Government efforts, including those of the Department 
     of Defense, the Department of State, the United States Agency 
     for International Development, and the Department of Justice, 
     in achieving the objectives for Afghanistan and Pakistan in 
     subsection (a);
       (2) any modification of the metrics in subsection (a) in 
     light of circumstances in Afghanistan or Pakistan, together 
     with a justification for such modification; and
       (3) recommendations for the additional resources or 
     authorities, if any, required to achieve such objectives for 
     Afghanistan and Pakistan.
       (c) Classification.--Any report submitted in classified 
     form shall include an unclassified annex or summary of the 
     matters contained in the report.
       (d) Definition.--For purposes of this section, 
     ``appropriate congressional committees'' means--
       (1) the Committees on Armed Services, Appropriations, 
     Foreign Relations, Homeland Security and Governmental 
     Affairs, and the Judiciary, and the Select Committee on 
     Intelligence of the Senate; and
       (2) the Committees on Armed Services, Appropriations, 
     Foreign Affairs, Homeland Security, and the Judiciary, and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.

                               TITLE XII

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                        payments to air carriers

                    (airport and airway trust fund)

       In addition to funds made available under Public Law 111-8 
     and funds authorized under subsection 41742(a)(1) of title 
     49, United States Code, to carry out the essential air 
     service program, to be derived from the Airport and Airway 
     Trust Fund, $13,200,000, to remain available until expended.

                    Federal Aviation Administration

                       grants-in-aid for airports

                    (airport and airway trust fund)

                              (rescission)

       Of the amounts authorized under sections 48103 and 48112 of 
     title 49, United States Code, $13,200,000 are permanently 
     rescinded from amounts authorized for the fiscal year ending 
     September 30, 2008.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1201.  Section 1937(d) of Public Law 109-59 (119 Stat. 
     1144, 1510) is amended--
       (1) in paragraph (1) by striking ``expenditures'' each 
     place that it appears and inserting ``allocations''; and
       (2) in paragraph (2) by striking ``expenditure'' and 
     inserting ``allocation''.
       Sec. 1202.  A recipient and subrecipient of funds 
     appropriated in Public Law 111-5 and apportioned pursuant to 
     section 5311 and section 5336 (other than subsection (i)(1) 
     and (j)) of title 49, United States Code, may use up to 10 
     percent of the amount apportioned for the operating costs of 
     equipment and facilities for use in public transportation or 
     for eligible activities under section 5311(f): Provided, That 
     a grant obligating such funds on or after February 17, 2009, 
     may be amended to allow a recipient and subrecipient to use 
     the funds made available for operating assistance: Provided 
     further, That applicable chapter 53 requirements apply, 
     except for the Federal share which shall be, at the option of 
     the recipient, up to 100 percent.
       Sec. 1203.  Public Law 110-329, under the heading 
     ``Project-Based Rental Assistance'', is

[[Page H6696]]

     amended by striking ``project-based vouchers'' and all that 
     follows up to the period and inserting ``activities and 
     assistance for the provision of tenant-based rental 
     assistance, including related administrative expenses, as 
     authorized under the United States Housing Act of 1937, as 
     amended (42 U.S.C. 1437 et seq.), $80,000,000, to remain 
     available until expended: Provided, That, such funds shall be 
     made available within 60 days of the enactment of this Act: 
     Provided further, That in carrying out the activities 
     authorized under this heading, the Secretary shall waive 
     section (o)(13)(B) of the United States Housing Act of 1937 
     (42 U.S.C. 1437f(o)(13)(B))''
       Sec. 1204.  Public Law 111-5 is amended by striking the 
     second proviso under the heading ``HOME Investment 
     Partnerships Program'' and inserting ``Provided further, That 
     the housing credit agencies in each State shall distribute 
     these funds competitively under this heading and pursuant to 
     their qualified allocation plan (as defined in section 42(m) 
     of the Internal Revenue Code of 1986) to owners of projects 
     who have received or receive simultaneously an award of low-
     income housing tax credits under sections 42(h) and 1400N of 
     the Internal Revenue Code of 1986:''.
       Sec. 1205. Notwithstanding Section 1606, amounts made 
     available under Division A of Public Law 111-5 for the 
     ``Public Housing Capital Fund'' to carry out capital and 
     management activities for public housing agencies as 
     authorized under section 9 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437g) shall be subject to 42 U.S.C. 
     1437j; for the ``Community Development Fund'' to carry out 
     the community development block grant program under title I 
     of the Housing and Community Development Act of 1974 (42 
     U.S.C. 5301 et seq.) shall be subject to 42 U.S.C. 5310 (or a 
     waiver under 42 under 42 U.S.C. 5307(e)(2)); for ``Native 
     American Housing Block Grants,'' as authorized under title I 
     of the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111 et seq.) 
     (``NAHASDA'') shall be subject to 25 U.S.C. 4114(b); and for 
     a housing entity eligible to receive funding under title VIII 
     of NAHASDA (25 U.S.C. 4221 et seq.) shall be subject to 25 
     U.S.C. 411(b); and for a housing entity eligible to receive 
     funding under title VIII of NAHASDA (25 U.S.C. 4221 et seq.) 
     shall be subject to 25 U.S.C. 4225(b).
      TITLE XIII--CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Consumer Assistance to 
     Recycle and Save Act of 2009''.

     SEC. 1302. CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM.

       (a) Establishment.--There is established in the National 
     Highway Traffic Safety Administration a voluntary program to 
     be known as the ``Consumer Assistance to Recycle and Save 
     Program'' through which the Secretary, in accordance with 
     this section and the regulations promulgated under subsection 
     (d), shall--
       (1) authorize the issuance of an electronic voucher, 
     subject to the specifications set forth in subsection (c), to 
     offset the purchase price or lease price for a qualifying 
     lease of a new fuel efficient automobile upon the surrender 
     of an eligible trade-in vehicle to a dealer participating in 
     the Program;
       (2) register dealers for participation in the Program and 
     require that all registered dealers--
       (A) accept vouchers as provided in this section as partial 
     payment or down payment for the purchase or qualifying lease 
     of any new fuel efficient automobile offered for sale or 
     lease by that dealer; and
       (B) in accordance with subsection (c)(2), to transfer each 
     eligible trade-in vehicle surrendered to the dealer under the 
     Program to an entity for disposal;
       (3) in consultation with the Secretary of the Treasury, 
     make electronic payments to dealers for eligible transactions 
     by such dealers, in accordance with the regulations issued 
     under subsection (d); and
       (4) in consultation with the Secretary of the Treasury and 
     the Inspector General of the Department of Transportation, 
     establish and provide for the enforcement of measures to 
     prevent and penalize fraud under the program.
       (b) Qualifications for and Value of Vouchers.--A voucher 
     issued under the Program shall have a value that may be 
     applied to offset the purchase price or lease price for a 
     qualifying lease of a new fuel efficient automobile as 
     follows:
       (1) $3,500 value.--The voucher may be used to offset the 
     purchase price or lease price of the new fuel efficient 
     automobile by $3,500 if--
       (A) the new fuel efficient automobile is a passenger 
     automobile and the combined fuel economy value of such 
     automobile is at least 4 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle;
       (B) the new fuel efficient automobile is a category 1 truck 
     and the combined fuel economy value of such truck is at least 
     2 miles per gallon higher than the combined fuel economy 
     value of the eligible trade-in vehicle;
       (C) the new fuel efficient automobile is a category 2 truck 
     that has a combined fuel economy value of at least 15 miles 
     per gallon and--
       (i) the eligible trade-in vehicle is a category 2 truck and 
     the combined fuel economy value of the new fuel efficient 
     automobile is at least 1 mile per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle; 
     or
       (ii) the eligible trade-in vehicle is a category 3 truck of 
     model year 2001 or earlier; or
       (D) the new fuel efficient automobile is a category 3 truck 
     and the eligible trade-in vehicle is a category 3 truck of 
     model year of 2001 or earlier and is of similar size or 
     larger than the new fuel efficient automobile as determined 
     in a manner prescribed by the Secretary.
       (2) $4,500 value.--The voucher may be used to offset the 
     purchase price or lease price of the new fuel efficient 
     automobile by $4,500 if--
       (A) the new fuel efficient automobile is a passenger 
     automobile and the combined fuel economy value of such 
     automobile is at least 10 miles per gallon higher than the 
     combined fuel economy value of the eligible trade-in vehicle;
       (B) the new fuel efficient automobile is a category 1 truck 
     and the combined fuel economy value of such truck is at least 
     5 miles per gallon higher than the combined fuel economy 
     value of the eligible trade-in vehicle; or
       (C) the new fuel efficient automobile is a category 2 truck 
     that has a combined fuel economy value of at least 15 miles 
     per gallon and the combined fuel economy value of such truck 
     is at least 2 miles per gallon higher than the combined fuel 
     economy value of the eligible trade-in vehicle and the 
     eligible trade-in vehicle is a category 2 truck.
       (c) Program Specifications.--
       (1) Limitations.--
       (A) General period of eligibility.--A voucher issued under 
     the Program shall be used only in connection with the 
     purchase or qualifying lease of new fuel efficient 
     automobiles that occur between July 1, 2009 and November 1, 
     2009.
       (B) Number of vouchers per person and per trade-in 
     vehicle.--Not more than 1 voucher may be issued for a single 
     person and not more than 1 voucher may be issued for the 
     joint registered owners of a single eligible trade-in 
     vehicle.
       (C) No combination of vouchers.--Only 1 voucher issued 
     under the Program may be applied toward the purchase or 
     qualifying lease of a single new fuel efficient automobile.
       (D) Cap on funds for category 3 trucks.--Not more than 7.5 
     percent of the total funds made available for the Program 
     shall be used for vouchers for the purchase or qualifying 
     lease of category 3 trucks.
       (E) Combination with other incentives permitted.--The 
     availability or use of a Federal, State, or local incentive 
     or a State-issued voucher for the purchase or lease of a new 
     fuel efficient automobile shall not limit the value or 
     issuance of a voucher under the Program to any person 
     otherwise eligible to receive such a voucher.
       (F) No additional fees.--A dealer participating in the 
     program may not charge a person purchasing or leasing a new 
     fuel efficient automobile any additional fees associated with 
     the use of a voucher under the Program.
       (G) Number and amount.--The total number and value of 
     vouchers issued under the Program may not exceed the amounts 
     appropriated for such purpose.
       (2) Disposition of eligible trade-in vehicles.--
       (A) In general.--For each eligible trade-in vehicle 
     surrendered to a dealer under the Program, the dealer shall 
     certify to the Secretary, in such manner as the Secretary 
     shall prescribe by rule, that the dealer--
       (i) has not and will not sell, lease, exchange, or 
     otherwise dispose of the vehicle for use as an automobile in 
     the United States or in any other country; and
       (ii) will transfer the vehicle (including the engine 
     block), in such manner as the Secretary prescribes, to an 
     entity that will ensure that the vehicle--

       (I) will be crushed or shredded within such period and in 
     such manner as the Secretary prescribes; and
       (II) has not been, and will not be, sold, leased, 
     exchanged, or otherwise disposed of for use as an automobile 
     in the United States or in any other country.

       (B) Savings provision.--Nothing in subparagraph (A) may be 
     construed to preclude a person who is responsible for 
     ensuring that the vehicle is crushed or shredded from--
       (i) selling any parts of the disposed vehicle other than 
     the engine block and drive train (unless with respect to the 
     drive train, the transmission, drive shaft, or rear end are 
     sold as separate parts); or
       (ii) retaining the proceeds from such sale.
       (C) Coordination.--The Secretary shall coordinate with the 
     Attorney General to ensure that the National Motor Vehicle 
     Title Information System and other publicly accessible 
     systems are appropriately updated on a timely basis to 
     reflect the crushing or shredding of vehicles under this 
     section and appropriate reclassification of the vehicles' 
     titles. The commercial market shall also have electronic and 
     commercial access to the vehicle identification numbers of 
     vehicles that have been disposed of on a timely basis.
       (d) Regulations.--Notwithstanding the requirements of 
     section 553 of title 5, United States Code, the Secretary 
     shall promulgate final regulations to implement the Program 
     not later than 30 days after the date of the enactment of 
     this Act. Such regulations shall--
       (1) provide for a means of registering dealers for 
     participation in the Program;
       (2) establish procedures for the reimbursement of dealers 
     participating in the Program to be made through electronic 
     transfer of funds for the amount of the vouchers as soon as 
     practicable but no longer than 10 days after the submission 
     of information supporting the eligible transaction, as deemed 
     appropriate by the Secretary;
       (3) require the dealer to use the voucher in addition to 
     any other rebate or discount advertised by the dealer or 
     offered by the manufacturer for the new fuel efficient 
     automobile and prohibit the dealer from using the voucher to 
     offset any such other rebate or discount;
       (4) require dealers to disclose to the person trading in an 
     eligible trade-in vehicle the best estimate of the scrappage 
     value of such vehicle and to permit the dealer to retain $50 
     of any amounts paid to the dealer for scrappage of the 
     automobile as payment for any administrative costs to the 
     dealer associated with participation in the Program;

[[Page H6697]]

       (5) consistent with subsection (c)(2), establish 
     requirements and procedures for the disposal of eligible 
     trade-in vehicles and provide such information as may be 
     necessary to entities engaged in such disposal to ensure that 
     such vehicles are disposed of in accordance with such 
     requirements and procedures, including--
       (A) requirements for the removal and appropriate 
     disposition of refrigerants, antifreeze, lead products, 
     mercury switches, and such other toxic or hazardous vehicle 
     components prior to the crushing or shredding of an eligible 
     trade-in vehicle, in accordance with rules established by the 
     Secretary in consultation with the Administrator of the 
     Environmental Protection Agency, and in accordance with other 
     applicable Federal or State requirements;
       (B) a mechanism for dealers to certify to the Secretary 
     that each eligible trade-in vehicle will be transferred to an 
     entity that will ensure that the vehicle is disposed of, in 
     accordance with such requirements and procedures, and to 
     submit the vehicle identification numbers of the vehicles 
     disposed of and the new fuel efficient automobile purchased 
     with each voucher;
       (C) a mechanism for obtaining such other certifications as 
     deemed necessary by the Secretary from entities engaged in 
     vehicle disposal; and
       (D) a list of entities to which dealers may transfer 
     eligible trade-in vehicles for disposal; and
       (6) provide for the enforcement of the penalties described 
     in subsection (e).
       (e) Anti-Fraud Provisions.--
       (1) Violation.--It shall be unlawful for any person to 
     violate any provision under this section or any regulations 
     issued pursuant to subsection (d) (other than by making a 
     clerical error).
       (2) Penalties.--Any person who commits a violation 
     described in paragraph (1) shall be liable to the United 
     States Government for a civil penalty of not more than 
     $15,000 for each violation. The Secretary shall have the 
     authority to assess and compromise such penalties, and shall 
     have the authority to require from any entity the records and 
     inspections necessary to enforce this program. In determining 
     the amount of the civil penalty, the severity of the 
     violation and the intent and history of the person committing 
     the violation shall be taken into account.
       (f) Information to Consumers and Dealers.--Not later than 
     30 days after the date of the enactment of this Act, and 
     promptly upon the update of any relevant information, the 
     Secretary, in consultation with the Administrator of the 
     Environmental Protection Agency, shall make available on an 
     Internet website and through other means determined by the 
     Secretary information about the Program, including--
       (1) how to determine if a vehicle is an eligible trade-in 
     vehicle;
       (2) how to participate in the Program, including how to 
     determine participating dealers; and
       (3) a comprehensive list, by make and model, of new fuel 
     efficient automobiles meeting the requirements of the 
     Program.
     Once such information is available, the Secretary shall 
     conduct a public awareness campaign to inform consumers about 
     the Program and where to obtain additional information.
       (g) Record Keeping and Report.--
       (1) Database.--The Secretary shall maintain a database of 
     the vehicle identification numbers of all new fuel efficient 
     vehicles purchased or leased and all eligible trade-in 
     vehicles disposed of under the Program.
       (2) Report on efficacy of the program.--Not later than 60 
     days after the termination date described in subsection 
     (c)(1)(A), the Secretary shall submit a report to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate describing the efficacy of the 
     Program, including--
       (A) a description of Program results, including--
       (i) the total number and amount of vouchers issued for 
     purchase or lease of new fuel efficient automobiles by 
     manufacturer (including aggregate information concerning the 
     make, model, model year) and category of automobile;
       (ii) aggregate information regarding the make, model, model 
     year, and manufacturing location of vehicles traded in under 
     the Program; and
       (iii) the location of sale or lease;
       (B) an estimate of the overall increase in fuel efficiency 
     in terms of miles per gallon, total annual oil savings, and 
     total annual greenhouse gas reductions, as a result of the 
     Program; and
       (C) an estimate of the overall economic and employment 
     effects of the Program.
       (h) Exclusion of Vouchers From Income.--
       (1) For purposes of all federal and state programs.--A 
     voucher issued under this program or any payment made for 
     such a voucher pursuant to subsection (a)(3) shall not be 
     regarded as income and shall not be regarded as a resource 
     for the month of receipt of the voucher and the following 12 
     months, for purposes of determining the eligibility of the 
     recipient of the voucher (or the recipient's spouse or other 
     family or household members) for benefits or assistance, or 
     the amount or extent of benefits or assistance, under any 
     Federal or State program.
       (2) For purposes of taxation.--A voucher issued under the 
     program or any payment made for such a voucher pursuant to 
     subsection (a)(3) shall not be considered as gross income of 
     the purchaser of a vehicle for purposes of the Internal 
     Revenue Code of 1986.
       (i) Definitions.--As used in this section--
       (1) the term ``passenger automobile'' means a passenger 
     automobile, as defined in section 32901(a)(18) of title 49, 
     United States Code, that has a combined fuel economy value of 
     at least 22 miles per gallon;
       (2) the term ``category 1 truck'' means a nonpassenger 
     automobile, as defined in section 32901(a)(17) of title 49, 
     United States Code, that has a combined fuel economy value of 
     at least 18 miles per gallon, except that such term does not 
     include a category 2 truck;
       (3) the term ``category 2 truck'' means a large van or a 
     large pickup, as categorized by the Secretary using the 
     method used by the Environmental Protection Agency and 
     described in the report entitled ``Light-Duty Automotive 
     Technology and Fuel Economy Trends: 1975 through 2008'';
       (4) the term ``category 3 truck'' means a work truck, as 
     defined in section 32901(a)(19) of title 49, United States 
     Code;
       (5) the term ``combined fuel economy value'' means--
       (A) with respect to a new fuel efficient automobile, the 
     number, expressed in miles per gallon, centered below the 
     words ``Combined Fuel Economy'' on the label required to be 
     affixed or caused to be affixed on a new automobile pursuant 
     to subpart D of part 600 of title 40, Code of Federal 
     Regulations;
       (B) with respect to an eligible trade-in vehicle, the 
     equivalent of the number described in subparagraph (A), and 
     posted under the words ``Estimated New EPA MPG'' and above 
     the word ``Combined'' for vehicles of model year 1984 through 
     2007, or posted under the words ``New EPA MPG'' and above the 
     word ``Combined'' for vehicles of model year 2008 or later on 
     the fueleconomy.gov website of the Environmental Protection 
     Agency for the make, model, and year of such vehicle; or
       (C) with respect to an eligible trade-in vehicle 
     manufactured between model years 1978 through 1985, the 
     equivalent of the number described in subparagraph (A) as 
     determined by the Secretary (and posted on the website of the 
     National Highway Traffic Safety Administration) using data 
     maintained by the Environmental Protection Agency for the 
     make, model, and year of such vehicle.
       (6) the term ``dealer'' means a person licensed by a State 
     who engages in the sale of new automobiles to ultimate 
     purchasers;
       (7) the term ``eligible trade-in vehicle'' means an 
     automobile or a work truck (as such terms are defined in 
     section 32901(a) of title 49, United States Code) that, at 
     the time it is presented for trade-in under this section--
       (A) is in drivable condition;
       (B) has been continuously insured consistent with the 
     applicable State law and registered to the same owner for a 
     period of not less than 1 year immediately prior to such 
     trade-in;
       (C) was manufactured less than 25 years before the date of 
     the trade-in; and
       (D) in the case of an automobile, has a combined fuel 
     economy value of 18 miles per gallon or less;
       (8) the term ``new fuel efficient automobile'' means an 
     automobile described in paragraph (1), (2), (3), or (4)--
       (A) the equitable or legal title of which has not been 
     transferred to any person other than the ultimate purchaser;
       (B) that carries a manufacturer's suggested retail price of 
     $45,000 or less;
       (C) that--
       (i) in the case of passenger automobiles, category 1 
     trucks, or category 2 trucks, is certified to applicable 
     standards under section 86.1811-04 of title 40, Code of 
     Federal Regulations; or
       (ii) in the case of category 3 trucks, is certified to the 
     applicable vehicle or engine standards under section 86.1816-
     08, 86-007-11, or 86.008-10 of title 40, Code of Federal 
     Regulations; and
       (D) that has the combined fuel economy value of at least--
       (i) 22 miles per gallon for a passenger automobile;
       (ii) 18 miles per gallon for a category 1 truck; or
       (iii) 15 miles per gallon for a category 2 truck;
       (9) the term ``Program'' means the Consumer Assistance to 
     Recycle and Save Program established by this section;
       (10) the term ``qualifying lease'' means a lease of an 
     automobile for a period of not less than 5 years;
       (11) the term ``scrappage value'' means the amount received 
     by the dealer for a vehicle upon transferring title of such 
     vehicle to the person responsible for ensuring the 
     dismantling and destroying of the vehicle;
       (12) the term ``Secretary'' means the Secretary of 
     Transportation acting through the National Highway Traffic 
     Safety Administration;
       (13) the term ``ultimate purchaser'' means, with respect to 
     any new automobile, the first person who in good faith 
     purchases such automobile for purposes other than resale;
       (14) the term ``vehicle identification number'' means the 
     17 character number used by the automobile industry to 
     identify individual automobiles; and
       (15) the term ``voucher'' means an electronic transfer of 
     funds to a dealer based on an eligible transaction under this 
     program.
       (j) Appropriation.--There is hereby appropriated to the 
     Secretary of Transportation $1,000,000,000, of which up to 
     $50,000,000 is available for administration, to remain 
     available until expended to carry out this section.

                               TITLE XIV

                             OTHER MATTERS

                   INTERNATIONAL ASSISTANCE PROGRAMS

                    INTERNATIONAL MONETARY PROGRAMS

            United States Quota, International Monetary Fund

       For an increase in the United States quota in the 
     International Monetary Fund, the dollar equivalent of 
     4,973,100,000 Special Drawing Rights, to remain available 
     until expended: Provided, That the cost of the amounts 
     provided herein shall be determined as provided under the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): 
     Provided further, That for purposes of section 502(5) of the 
     Federal Credit Reform Act of 1990, the discount rate in 
     section 502(5)(E) shall be adjusted for market risks: 
     Provided further, That section 504(b) of the Federal

[[Page H6698]]

     Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply.

                  Loans to International Monetary Fund

       For loans to the International Monetary Fund under section 
     17(a)(2) and (b)(2) of the Bretton Woods Agreements Act 
     (Public Law 87-490, 22 U.S.C. 286e-2), as amended by this Act 
     pursuant to the New Arrangements to Borrow, the dollar 
     equivalent of up to 75,000,000,000 Special Drawing Rights, to 
     remain available until expended, in addition to any amounts 
     previously appropriated under section 17 of such Act: 
     Provided, That if the United States agrees to an expansion of 
     its credit arrangement in an amount less than the dollar 
     equivalent of 75,000,000,000 Special Drawing Rights, any 
     amount over the United States' agreement shall not be 
     available until further appropriated: Provided further, That 
     the cost of the amounts provided herein shall be determined 
     as provided under the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661 et. seq.): Provided further, That for purposes of 
     section 502(5) of the Federal Credit Reform Act of 1990, the 
     discount rate in section 502(5)(E) shall be adjusted for 
     market risks: Provided further, That section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply.

         GENERAL PROVISIONS--INTERNATIONAL ASSISTANCE PROGRAMS

       Sec. 1401.  Section 17 of the Bretton Woods Agreements Act 
     (22 U.S.C. 286e-2) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' before ``In order to''; and
       (B) by adding at the end the following:
       ``(2) In order to carry out the purposes of a one-time 
     decision of the Executive Directors of the International 
     Monetary Fund (the Fund) to expand the resources of the New 
     Arrangements to Borrow, established pursuant to the decision 
     of January 27, 1997 referred to in paragraph (1) above, and 
     to make other amendments to the New Arrangements to Borrow to 
     achieve an expanded and more flexible New Arrangements to 
     Borrow as contemplated by paragraph 17 of the G-20 Leaders' 
     Statement of April 2, 2009 in London, the Secretary of the 
     Treasury is authorized to instruct the United States 
     Executive Director to consent to such amendments 
     notwithstanding subsection (d) of this section, and to make 
     loans, in an amount not to exceed the dollar equivalent of 
     75,000,000,000 Special Drawing Rights, in addition to any 
     amounts previously authorized under this section and limited 
     to such amounts as are provided in advance in appropriations 
     Acts, except that prior to activation, the Secretary of the 
     Treasury shall report to Congress on whether supplementary 
     resources are needed to forestall or cope with an impairment 
     of the international monetary system and whether the Fund has 
     fully explored other means of funding, to the Fund under 
     article VII, section 1(i), of the Articles of Agreement of 
     the Fund: Provided,  That prior to instructing the United 
     States Executive Director to provide consent to such 
     amendments, the Secretary of the Treasury shall consult with 
     the appropriate congressional committees on the amendments to 
     be made to the New Arrangements to Borrow, including 
     guidelines and criteria governing the use of its resources; 
     the countries that have made commitments to contribute to the 
     New Arrangements to Borrow and the amount of such 
     commitments; and the steps taken by the United States to 
     expand the number of countries so the United States share of 
     the expanded New Arrangements to Borrow is representative of 
     its share as of the date of enactment of this Act: Provided 
     further,  That any loan under the authority granted in this 
     subsection shall be made with due regard to the present and 
     prospective balance of payments and reserve position of the 
     United States.''.
     and
       (2) in subsection (b)--
       (A) by inserting ``(1)'' before ``For the purpose of'';
       (B) by inserting ``subsection (a)(1) of'' after ``pursuant 
     to''; and
       (C) by adding at the end the following:
       ``(2) For the purpose of making loans to the International 
     Monetary Fund pursuant to subsection (a)(2) of this section, 
     there is hereby authorized to be appropriated not to exceed 
     the dollar equivalent of 75,000,000,000 Special Drawing 
     Rights, in addition to any amounts previously authorized 
     under this section, except that prior to activation, the 
     Secretary of the Treasury shall report to Congress on whether 
     supplementary resources are needed to forestall or cope with 
     an impairment of the international monetary system and 
     whether the Fund has fully explored other means of funding, 
     to remain available until expended to meet calls by the Fund. 
     Any payments made to the United States by the Fund as a 
     repayment on account of the principal of a loan made under 
     this section shall continue to be available for loans to the 
     Fund.''.
       Sec. 1402.  The Bretton Woods Agreements Act (22 U.S.C. 286 
     et seq.) is amended by adding at the end the following:

     ``SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF 
                   AGREEMENT OF THE FUND.

       ``The United States Governor of the Fund may agree to and 
     accept the amendments to the Articles of Agreement of the 
     Fund as proposed in the resolutions numbered 63-2 and 63-3 of 
     the Board of Governors of the Fund which were approved by 
     such Board on April 28, 2008 and May 5, 2008, respectively.

     ``SEC. 65. QUOTA INCREASE.

       ``(a) In General.--The United States Governor of the Fund 
     may consent to an increase in the quota of the United States 
     in the Fund equivalent to 4,973,100,000 Special Drawing 
     Rights.
       ``(b) Subject to Appropriations.--The authority provided by 
     subsection (a) shall be effective only to such extent or in 
     such amounts as are provided in advance in appropriations 
     Acts.

     ``SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE FUND'S 
                   GOLD.

       ``(a) The Secretary of the Treasury is authorized to 
     instruct the United States Executive Director of the Fund to 
     vote to approve the sale of up to 12,965,649 ounces of the 
     Fund's gold acquired since the second Amendment to the Fund's 
     Articles of Agreement, only if such sales are consistent with 
     the guidelines agreed to by the Executive Board of the Fund 
     described in the Report of the Managing Director to the 
     International Monetary and Financial Committee on a New 
     Income and Expenditure Framework for the International 
     Monetary Fund (April 9, 2008) to prevent disruption to the 
     world gold market: Provided,  That at least 30 days prior to 
     any such vote, the Secretary shall consult with the 
     appropriate congressional committees regarding the use of 
     proceeds from the sale of such gold: Provided further,  That 
     the Secretary of the Treasury shall seek to ensure that:
       ``(1) the Fund will provide support to low-income countries 
     that are eligible for the Poverty Reduction and Growth 
     Facility or other low-income lending from the Fund by making 
     available Fund resources of not less than $4,000,000,000;
       ``(2) such Fund resources referenced above will be used to 
     leverage additional support by a significant multiple to 
     provide loans with substantial concessionality and debt 
     service payment relief and/or grants, as appropriate to a 
     country's circumstances:
       ``(3) support provided through forgiveness of interest on 
     concessional loans will be provided for not less than two 
     years; and
       ``(4) the support provided to low-income countries occurs 
     within six years, a substantial amount of which shall occur 
     within the initial two years.
       ``(b) In addition to agreeing to and accepting the 
     amendments referred to in section 64 of this Act relating to 
     the use of proceeds from the sale of such gold, the United 
     States Governor is authorized, consistent with subsection 
     (a), to take such actions as may be necessary, including 
     those referred to in section 5(e) of this Act, to also use 
     such proceeds for the purpose of assisting low-income 
     countries.

     ``SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES OF 
                   AGREEMENT OF THE FUND.

       ``The United States Governor of the Fund may agree to and 
     accept the amendment to the Articles of Agreement of the Fund 
     as proposed in the resolution numbered 54-4 of the Board of 
     Governors of the Fund which was approved by such Board on 
     October 22, 1997: Provided,  That not more than one year 
     after the acceptance of such amendments to the Fund's 
     Articles of Agreement, the Secretary of the Treasury shall 
     submit a report to the appropriate congressional committees 
     analyzing Special Drawing Rights, to include a discussion of 
     how those countries that significantly use or acquire Special 
     Drawing Rights in accordance with Article XIX, Section 2(c), 
     use or acquire them; the extent to which countries 
     experiencing balance of payment difficulties exchange or use 
     their Special Drawing Rights to acquire reserve currencies; 
     and the manner in which those reserve currencies are acquired 
     when utilizing Special Drawing Rights.''.
       Sec. 1403. (a) Not later than 30 days after enactment of 
     this Act, the Secretary of the Treasury, in consultation with 
     the Executive Director of the World Bank and the Executive 
     Board of the International Monetary Fund (the Fund), shall 
     submit a report to the appropriate congressional committees 
     detailing the steps taken to coordinate the activities of the 
     World Bank and the Fund to avoid duplication of missions and 
     programs, and steps taken by the Department of the Treasury 
     and the Fund to increase the oversight and accountability of 
     the Fund's activities.
       (b) For the purposes of this title, ``appropriate 
     congressional committees'' means the Committees on 
     Appropriations, Banking, Housing, and Urban Affairs, and 
     Foreign Relations of the Senate, and the Committees on 
     Appropriations, Foreign Affairs, and Financial Services of 
     the House of Representatives.
       (c) In the next report to Congress on international 
     economic and exchange rate policies, the Secretary of the 
     Treasury shall: (1) report on ways in which the Fund's 
     surveillance function under Article IV could be enhanced and 
     made more effective in terms of avoiding currency 
     manipulation; (2) report on the feasibility and usefulness of 
     publishing the Fund's internal calculations of indicative 
     exchange rates; and (3) provide recommendations on the steps 
     that the Fund can take to promote global financial stability 
     and conduct effective multilateral surveillance.
       (d) The Secretary of the Treasury shall instruct the United 
     States Executive Director of the International Monetary Fund 
     to use the voice and vote of the United States to oppose any 
     loan, project, agreement, memorandum, instrument, plan, or 
     other program of the Fund to a Heavily Indebted Poor Country 
     that imposes budget caps or restraints that do not allow the 
     maintenance of or an increase in governmental spending on 
     health care or education; and to promote government spending 
     on health care, education, food aid, or other critical safety 
     net programs in all of the Fund's activities with respect to 
     Heavily Indebted Poor Countries.
       Sec. 1404.  Title XVI of the International Financial 
     Institutions Act (22 U.S.C. 262p-262p-8) is amended by adding 
     at the end the following: ``The Secretary of the Treasury 
     shall instruct the United States Executive Director at each 
     of the International Financial Institutions (as defined in 
     section 1701(c)(2) of this Act) to use the voice and vote of 
     the United States to oppose the provision of loans or other 
     use of the funds of the respective institution to any country 
     the

[[Page H6699]]

     government of which the Secretary of State has determined, 
     for purposes of section 6(j) of the Export Administration Act 
     of 1979, section 620A of the Foreign Assistance Act of 1961, 
     or section 40 of the Arms Export Control Act, to be a 
     government that has repeatedly provided support for acts of 
     international terrorism.''.

                      GENERAL PROVISIONS--THIS ACT

                         availability of funds

       Sec. 14101.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 14102. (a) Overseas Deployments Designations.--Except 
     as provided in subsections (b) and (c), each amount in this 
     Act is designated as being for overseas deployments and other 
     activities pursuant to sections 401(c)(4) and 423(a)(1) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.
       (b) Emergency Designations.--Each amount in titles I, II, 
     IV, V, VII, VIII, IX, XII, XIII, XIV, and VI except for 
     amounts under the heading ``Coast Guard Operating Expenses'' 
     is designated as necessary to meet emergency needs pursuant 
     to sections 403(a) and 423(b) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.
       (c) Subsection (a) shall not apply to the amounts rescinded 
     in section 309 for ``Operation and Maintenance, Marine 
     Corps'', ``Operation and Maintenance, Air Force'', and 
     ``Operation and Maintenance, Army Reserve''.
       Sec. 14103. (a) None of the funds made available in this or 
     any prior Act may be used to release an individual who is 
     detained as of the date of enactment of this Act, at Naval 
     Station, Guantanamo Bay, Cuba, into the continental United 
     States, Alaska, Hawaii, or the District of Columbia.
       (b) None of the funds made available in this or any prior 
     Act may be used to transfer an individual who is detained as 
     of the date of enactment of this Act, at Naval Station, 
     Guantanamo Bay, Cuba, for the purpose of detention in the 
     continental United States, Alaska, Hawaii, or the District of 
     Columbia, except as provided in subsection (c).
       (c) None of the funds made available in this or any prior 
     Act may be used to transfer an individual who is detained, as 
     of the date of enactment of this Act, at Naval Station, 
     Guantanamo Bay, Cuba, into the continental United States, 
     Alaska, Hawaii, or the District of Columbia, for the purposes 
     of prosecuting such individual, or detaining such individual 
     during legal proceedings, until 45 days after the plan 
     detailed in subsection (d) is received.
       (d) The President shall submit to the Congress, in 
     classified form, a plan regarding the proposed disposition of 
     any individual covered by subsection (c) who is detained as 
     of the date of enactment of this Act. Such plan shall 
     include, at a minimum, each of the following for each such 
     individual:
       (1) The findings of an analysis regarding any risk to the 
     national security of the United States that is posed by the 
     transfer of the individual.
       (2) The costs associated with transferring the individual 
     in question.
       (3) The legal rationale and associated court demands for 
     transfer.
       (4) A plan for mitigation of any risk described in 
     paragraph (1).
       (5) A copy of a notification to the Governor of the State 
     to which the individual will be transferred or to the Mayor 
     of the District of Columbia if the individual will be 
     transferred to the District of Columbia with a certification 
     by the Attorney General of the United States in classified 
     form at least 14 days prior to such transfer (together with 
     supporting documentation and justification) that the 
     individual poses little or no security risk to the United 
     States.
       (e) None of the funds made available in this or any prior 
     Act may be used to transfer or release an individual detained 
     at Naval Station, Guantanamo Bay, Cuba, as of the date of 
     enactment of this Act, to the country of such individual's 
     nationality or last habitual residence or to any other 
     country other than the United States, unless the President 
     submits to the Congress, in classified form 15 days prior to 
     such transfer, the following information:
       (1) The name of any individual to be transferred or 
     released and the country to which such individual is to be 
     transferred or released.
       (2) An assessment of any risk to the national security of 
     the United States or its citizens, including members of the 
     Armed Services of the United States, that is posed by such 
     transfer or release and the actions taken to mitigate such 
     risk.
       (3) The terms of any agreement with another country for 
     acceptance of such individual, including the amount of any 
     financial assistance related to such agreement.
       (f) Prior to the termination of detention operations at 
     Naval Station, Guantanamo Bay, Cuba, the President shall 
     submit to the Congress a report in classified form describing 
     the disposition or legal status of each individual detained 
     at the facility as of the date of enactment of this Act.
       This Act may be cited as the ``Supplemental Appropriations 
     Act, 2009''.
       And the Senate agree to the same.
     David R. Obey,
     John P. Murtha,
     Nita M. Lowey,
     Rosa L. DeLauro,
     Chet Edwards,
                                Managers on the Part of the House.

     Daniel K. Inouye,
     Robert C. Byrd,
     Patrick J. Leahy,
     Tom Harkin,
     Barbara A. Mikulski,
     Herb Kohl,
     Patty Murray,
     Byron L. Dorgan,
     Dianne Feinstein,
     Richard J. Durbin,
     Tim Johnson,
     Mary L. Landrieu,
     Jack Reed,
     Frank R. Lautenberg,
     E. Benjamin Nelson,
     Mark Pryor,
     Jon Tester,
     Arlen Specter,
     Thad Cochran,
     Kit Bond,
     Mitch McConnell,
     Judd Gregg,
     Robert F. Bennett,
     Lamar Alexander,
     Susan Collins,
     George V. Voinovich,
     Lisa Murkowski,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 2346) making 
     supplemental appropriations for the fiscal year ending 
     September 30, 2009, and for other purposes, submit the 
     following joint statement to the House and Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report.
       The Senate amendment to the text deleted the entire House 
     bill after the enacting clause and inserted the Senate bill, 
     as amended. This conference agreement includes a revised 
     bill.
       Report language included by the House in the report 
     accompanying H.R. 2346 (H. Rept. 111-105) and included by the 
     Senate in the report accompanying S. 1054 (S. Rept. 111-20) 
     should be complied with unless specifically addressed in this 
     statement of the managers. The statement of the managers, 
     while repeating some report language for emphasis, is not 
     intended to negate the language referred to above unless 
     expressly provided herein.


                             CYBER SECURITY

       On May 29, 2009, the Administration released its cyberspace 
     policy review. The conferees direct the Office of Management 
     and Budget to submit to the Committees on Appropriations an 
     unclassified report, no later than July 15, 2009, including a 
     comprehensive explanation of the resources requested in the 
     President's fiscal year 2010 budget related to cyber 
     security, and any budget amendments that might be necessary 
     due to the findings of the review. Classified annexes shall 
     be provided as necessary to the individual Subcommittees 
     regarding programs in their jurisdiction. Users of cyberspace 
     have differing requirements, operating policies, 
     philosophies, and cost tradeoffs. Therefore, the report shall 
     include an explanation of how the requested resources will 
     provide additional security for the distinct users of 
     cyberspace including: federal, state, and local governments; 
     the private sector, including critical infrastructure 
     sectors; academia and education; and the general public. Upon 
     transmittal of the report, the White House Cyber Security 
     Policy Coordinator shall provide a classified briefing to the 
     Committees on Appropriations.

                                TITLE I

                       DEPARTMENT OF AGRICULTURE

                      FOREIGN AGRICULTURAL SERVICE

                     Public Law 480 Title II Grants

       The conference agreement provides $700,000,000 for Public 
     Law 480 Title II grants as proposed by the Senate, instead of 
     $500,000,000 as proposed by the House.


                           GENERAL PROVISIONS

       Section 101. The conference agreement includes language 
     making available funding for the Emergency Conservation 
     Program.
       Section 102. The conference agreement provides $71,270,000 
     to support $360,000,000 in direct farm ownership loans, 
     $400,000,000 in direct farm operating loans and $50,201,000 
     in unsubsidized guaranteed operating loans.

                                TITLE II

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration


                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

       The agreement includes $40,000,000 to provide grants under 
     Trade Adjustment Assistance to communities and firms 
     adversely impacted by trade. Within 60 days of the enactment 
     of this Act, the Department is directed to submit a plan to 
     the House and Senate Committees on Appropriations as to how 
     this program will be implemented.

                         DEPARTMENT OF JUSTICE

                           Detention Trustee

       The agreement provides $60,000,000 for detention costs due 
     to increased enforcement activities along the United States-
     Mexico border.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

       The agreement provides $1,648,000 for the Criminal Division 
     to supplement existing training and assistance provided to 
     investigators, prosecutors, judges and other parts of the 
     criminal justice systems of Iraq and Afghanistan.

[[Page H6700]]

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

       The agreement provides $5,000,000 for the United States 
     Attorneys for ongoing litigation expenses associated with 
     terrorism prosecutions of national importance. The agreement 
     also provides $10,000,000 to prosecute mortgage fraud, 
     financial fraud and market manipulation.

                     United States Marshals Service


                         SALARIES AND EXPENSES

       The agreement provides $10,000,000 for the United States 
     Marshals Service. Of the funds provided, $4,000,000 is for 
     enhanced judicial security in districts along the southwest 
     border, $5,000,000 is for the apprehension of criminals who 
     have fled to Mexico, and $1,000,000 is to upgrade 
     surveillance equipment used to monitor drug cartels and 
     violent gang members.

                       National Security Division


                         SALARIES AND EXPENSES

       The agreement includes $1,389,000 for the National Security 
     Division to continue to support terrorism prosecutions of 
     national importance.

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       The agreement provides $35,000,000 for the Federal Bureau 
     of Investigation to investigate mortgage fraud, predatory 
     lending, financial fraud and market manipulation.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

       The agreement includes $20,000,000 for the Drug Enforcement 
     Administration to expand its Sensitive Investigation Unit 
     program in Mexico.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

       The agreement includes $4,000,000 for the Bureau of 
     Alcohol, Tobacco, Firearms and Explosives (ATF) for training 
     and technical assistance on improved explosives devices in 
     Iraq. The agreement also includes $4,000,000 to upgrade 
     technology for ballistics evidence sharing with Mexico and 
     $6,000,000 for Project Gunrunner firearms trafficking 
     activities along the southwest border.

                         Federal Prison System


                         salaries and expenses

       The agreement includes $5,038,000 for the Federal Prison 
     System to monitor and translate the communications of 
     incarcerated terrorists and disseminate relevant information 
     to law enforcement agencies, as appropriate.

                     General Provision, This Title


                         (including recission)

       The agreement includes the following general provision for 
     this title:
       Section 201 rescinds $3,000,000 appropriated to the 
     Department's Office of Inspector General in Chapter 2 of 
     Title I, P.L. 110-252, and reappropriates these funds to 
     extend their availability.

                       TITLE III--DEFENSE MATTERS

                         DEPARTMENT OF DEFENSE

       The conference agreement recommends $77,161,439,000 for the 
     Department of Defense, instead of $81,299,888,000, as 
     proposed by the House, and $73,023,506,000, as proposed by 
     the Senate.
       The following table provides details of the supplemental 
     appropriations for the Department of Defense.

------------------------------------------------------------------------
                                                           Conference
                       Chapter                           recommendation
------------------------------------------------------------------------
Military Personnel...................................    $18,726,150,000
Operation and Maintenance............................     32,547,114,000
Procurement..........................................     25,846,718,000
Research, Development, Test and Evaluation...........        833,499,000
Revolving and Management Funds.......................        861,726,000
Other Department of Defense Programs.................      2,301,992,000
------------------------------------------------------------------------

                            CLASSIFIED ANNEX

       The recommendations for intelligence activities are 
     published in a separate and detailed classified annex. The 
     intelligence community, Department of Defense and other 
     organizations are expected to fully comply with the 
     recommendations and directions in the classified annex 
     accompanying this Act.


                         REPORTING REQUIREMENTS

       The conferees direct the Secretary of Defense to provide a 
     report to the congressional defense committees within 30 days 
     of enactment of this Act on the allocation of the funds 
     within the accounts listed in this title. The Secretary shall 
     submit updated reports 30 days after the end of each fiscal 
     quarter until funds listed in this title are no longer 
     available for obligation. The conferees direct that these 
     reports shall include: a detailed accounting of obligations 
     and expenditures of appropriations provided in this title by 
     program and subactivity group for the continuation of 
     military operations in Iraq and Afghanistan, and a listing of 
     equipment procured using funds provided in this title. The 
     conferees expect that, in order to meet unanticipated 
     requirements, the Department of Defense may need to transfer 
     funds within these appropriations accounts for purposes other 
     than those specified in this report. The conferees direct the 
     Department of Defense to follow normal prior approval 
     reprogramming procedures should it be necessary to transfer 
     funding between different appropriations accounts in this 
     title. Additionally, the conferees direct that the Department 
     continue to report incremental contingency operations costs 
     for Operation Iraqi Freedom and Operation Enduring Freedom on 
     a monthly basis in the Cost of War Execution report as 
     required by Department of Defense Financial Management 
     Regulation, chapter 23, volume 12. The conferees further 
     direct the Department to continue to provide the Cost of War 
     Reports to the congressional defense committees that include 
     the following information by appropriation: funding 
     appropriated, funding allocated, monthly obligations, monthly 
     disbursements, cumulative fiscal year obligations, and 
     cumulative fiscal year disbursements.


             INTELLIGENCE, SURVEILLANCE AND RECONNAISSANCE

       The conferees agree to redirect the funds requested for the 
     Joint Rapid Acquisition Cell to high priority requirements 
     identified by the Intelligence, Surveillance and 
     Reconnaissance Task Force. The funds are distributed to 
     appropriations accounts in the same manner as described in 
     Senate Report 111-20.

                           MILITARY PERSONNEL

       The conference agreement recommends $18,726,150,000 for 
     military personnel.
       The recommendations for each military personnel account are 
     shown below:

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                      MILITARY PERSONNEL SHORTFALL

       The conference agreement includes an additional 
     $2,810,222,000 for identified shortfalls resulting from 
     unbudgeted additional end strength, which were a result of 
     better-than-projected recruiting and retention levels; recent 
     rate increases in Basic Pay, Retired Pay Accrual, Basic 
     Allowance for Housing, and Basic Allowance for Subsistence; 
     and unanticipated programmatic adjustments such as increased 
     clothing and education costs.

                       OPERATION AND MAINTENANCE

       The conference agreement recommends $32,547,114,000 for 
     operation and maintenance.
       The recommendations for each operation and maintenance 
     account are shown below:

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                    PAKISTAN COUNTERINSURGENCY FUND

       The conferees support the Administration's efforts to 
     increase the counterinsurgency capability of the Pakistani 
     security forces. The conferees believe that international 
     military operations against al-Qaeda and the Taliban in 
     Afghanistan cannot succeed without a strong counterinsurgency 
     effort by security forces in Pakistan. However, the conferees 
     are concerned about providing the Department of Defense with 
     the authority and funding to conduct an assistance program 
     which would traditionally fall under the purview of the 
     Department of State. The conferees believe the Pakistan 
     Counterinsurgency Fund (PCF) should reside within the 
     Department of State but understand the near term needs of the 
     Pakistan Security Forces and the lack of capacity within the 
     State Department warrant an exception to traditional lines of 
     authority. Therefore, the conferees support the 
     Administration's request for this fund under the Department 
     of Defense, but direct the Secretary of Defense and the 
     Secretary of State to jointly develop a plan for 
     transitioning the PCF from the Department of Defense to the 
     Department of State by fiscal year 2010 and to be fully 
     executed by the Department of State by fiscal year 2011. The 
     plan should identify the resources, personnel, and 
     authorities required to facilitate the transfer to the State 
     Department, as well as goals and objectives for the 
     successful completion of this program. In addition, the 
     Secretary of Defense is directed to follow the same reporting 
     requirements that Congress has required for the Afghanistan 
     and Iraq Security Forces Funds as outlined in section 317 of 
     this Act.
       The conferees believe civil-military operations are a key 
     component of successful counterinsurgency efforts. However, 
     the conferees do not support the creation of a Commander's 
     Emergency Response Program (CERP) or similar program for 
     Pakistan, and have neither authorized nor provided funding 
     for such a program anywhere in this Act. The conference 
     agreement has made available $2,000,000 from the Pakistan 
     Counterinsurgency Fund to provide humanitarian assistance to 
     the people of Pakistan only as part of civil-military 
     training exercises carried out with Pakistan's security 
     forces through this fund. Finally, the conferees direct the 
     Department to work with the Government of Pakistan to 
     establish a funding mechanism beginning in fiscal year 2010, 
     using Pakistani funds, which can be applied to humanitarian 
     needs in support of counterinsurgency operations conducted 
     inside of Pakistan.


                        FAMILY ADVOCACY PROGRAM

       The conference agreement provides $708,842,000 for family 
     advocacy programs to provide counseling and family assistance 
     including child psychologists, and other intervention efforts 
     which is $94,000,000 above the request in order to enhance 
     the activities of the Family Advocacy Program and provide for 
     children and families managing the difficult challenges of 
     military service. The funding is provided for, but not 
     limited to, child care, counseling, spouse certification and 
     licensure, and Joint Family Assistance Centers. Funding is 
     also available for the Warrior Family Community Partnership 
     to provide assistance to all soldiers and families.


                            COMBAT UNIFORMS

       The conferees understand that soldiers deployed to 
     Afghanistan have serious concerns about the current combat 
     uniform which they indicate provides ineffective camouflage 
     given the environment in Afghanistan. Accordingly, the 
     conferees direct that within funding made available the 
     Department of Defense take immediate action to provide combat 
     uniforms to personnel deployed to Afghanistan with a 
     camouflage pattern that is suited to the environment of 
     Afghanistan. The conferees further direct the Secretary of 
     the Army to provide a report on the program plans and 
     budgetary adjustments necessary to provide appropriate 
     uniforms to deployed and deploying troops to Afghanistan. The 
     report shall be submitted to the congressional defense 
     committees by the end of fiscal year 2009.


                              PROCUREMENT

       The conference agreement recommends $25,846,718,000 for 
     procurement.
       The recommendations for each procurement account are shown 
     below:

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                            STRYKER VEHICLES

       The conference agreement supports continuation of the 
     Stryker vehicle program which has demonstrated excellent 
     performance in combat operations in the Central Command area 
     of operations. The conference agreement provides $200,000,000 
     above the budget request to procure additional Stryker 
     vehicles. Funds may be used to procure additional medical 
     evacuation vehicles, engineer squad vehicles and other 
     Stryker variants, based on Army needs, and to sustain 
     continued production. As part of the Department of Defense 
     Quadrennial Defense Review, the Army is undertaking a major 
     analysis of its tracked and tactical wheeled vehicle needs. 
     This review will set the course for the future force and help 
     establish the specific vehicle requirements. The conferees 
     direct the Secretary of the Army to provide a report to the 
     congressional defense committees, no later than September 30, 
     2009 with the plan to sustain Stryker vehicle production and 
     the details on which vehicles (variant and quantity) will be 
     procured with the provided funding.


                         RAPID EQUIPPING FORCE

       The conference agreement provides $309,000,000 for the Army 
     Rapid Equipping Force (REF), including $99,000,000 for 
     Counter Sniper and Soldier Wearable Acoustic Targeting Sniper 
     Systems. This amount should satisfy numerous emergency 
     requests from forward deployed and forward deploying units. 
     The conferees direct the Secretary of the Army to provide an 
     acquisition objective and basis of issue plan for both 
     vehicular and soldier wearable sniper detection equipment 
     within 60 days after enactment of this Act. If shortfalls 
     still exist, the Army is expected to reprogram the necessary 
     funds to accommodate the shortfalls.


                      WEAPONS ENHANCEMENT PROGRAM

       The budget request included $32,461,000 for various force 
     protection items and weapons upgrades in Procurement, Marine 
     Corps. The conferees note that the Congress previously 
     provided $23,000,000 in this procurement line for a 
     requirement that was subsequently not validated and directs 
     the Marine Corps to apply those funds toward the requirements 
     in the fiscal year 2009 supplemental request for weapons 
     enhancements.


                       COMBAT OPERATIONS CENTERS

       The conferees understand that subsequent to the budget 
     submission, an Urgent Universal Needs Statement for 
     additional Combat Operations Centers for Marine units in 
     support of operations in Afghanistan was validated. The 
     conference agreement provides $53,200,000 in Procurement, 
     Marine Corps to fully satisfy this requirement.


                  EXPLOSIVE ORDNANCE DISPOSAL SYSTEMS

       The budget request includes $35,000,000 for a U.S. Central 
     Command Urgent Universal Needs Statement for a Standoff 
     Suicide Bomber Detection System in Procurement, Marine Corps. 
     The conferees have been informed that the Urgent Universal 
     Needs Statement was suspended following the budget submission 
     and therefore provide no funds for this effort.


                      physical security equipment

       The budget request includes $112,200,000 in Procurement, 
     Marine Corps for physical security requirements that were 
     previously funded. The conferees deny the redundant funds.


                             f-22 aircraft

       The Air Force has informed the Congress that funding in the 
     amount of $45,000,000 is required for the F-22 Raptor program 
     to avoid a work stoppage in material processing and 
     fabrication activities during fiscal year 2009. The conferees 
     direct the Secretary of the Air Force to use $45,000,000 from 
     within the funds provided to ensure that work proceeds on 
     schedule. None of the funds provided in this Act shall be 
     used to finance activities to shut-down the F-22A production 
     line. Funds may be used to explore options to develop an 
     export variant of the F-22A.


                  national guard and reserve equipment

       The National Guard and Reserve components traditionally 
     receive less than a proportionate share of funding to 
     resource their equipment needs. As a result, the conferees 
     recommend funding of $500,000,000 for the National Guard and 
     Reserve forces. Of that amount, $300,000,000 is for the Army 
     National Guard; $50,000,000 for the Air National Guard; 
     $75,000,000 for the U.S. Army Reserve; $25,000,000 for the 
     Navy Reserve; $25,000,000 for the Marine Corps Reserve; and 
     $25,000,000 for the Air Force Reserve to meet urgent 
     equipment needs that may arise this fiscal year. This funding 
     will allow the National Guard and Reserve components to 
     procure high priority equipment that may be used by these 
     units for both their combat missions and their missions in 
     support of State governors.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                      Budget
                                                      request          House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
Army National Guard.............................  ..............         300,000         300,000         300,000
Air National Guard..............................  ..............          50,000          50,000          50,000
U.S. Army Reserve...............................  ..............          75,000          75,000          75,000
Navy Reserve....................................  ..............          25,000          25,000          25,000
Marine Corps Reserve............................  ..............          25,000          25,000          25,000
Air Force Reserve...............................  ..............          25,000          25,000          25,000
                                                 ---------------------------------------------------------------
      Total National Guard and Reserve Equipment  ..............         500,000         500,000         500,000
       Account..................................
----------------------------------------------------------------------------------------------------------------

              mine resistant ambush protected vehicle fund

       The conferees recommend $4,543,000,000 for the Mine 
     Resistant Ambush Protected Vehicle Fund, an increase of 
     $1,850,000,000 above the request and direct that the 
     additional funds shall be for the procurement and fielding of 
     Mine Resistant Ambush Protected All Terrain Vehicles (M-ATV) 
     only. M-ATVs are urgently needed to protect servicemembers 
     against improvised explosive devices and other threats in 
     Afghanistan. These new, lightweight MRAPs operate better than 
     current vehicles in the close urban environments and 
     challenging terrain of Afghanistan. The conferees expect that 
     the Joint Program Office will move rapidly to field these 
     critical force protection assets to the Warfighter.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

       The conference agreement recommends $833,499,000 for 
     research, development, test and evaluation.
       The recommendations for each research, development, test 
     and evaluation account are shown below:

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                       KINETIC ENERGY INTERCEPTOR

       The conferees understand a stop work order on the Kinetic 
     Energy Interceptor (KEI) was issued May 11, 2009. However, 
     the KEI program had a booster flight test scheduled in Fall 
     2009 that could provide an important understanding of the 
     technology risk for any future interceptor development. The 
     conferees further understand that the KEI program has already 
     produced valuable technical accomplishments. The conferees 
     strongly encourage the Missile Defense Agency to execute this 
     test, within funds that have been made available for KEI, to 
     gain significant technical knowledge for this program.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       The conference agreement recommends $861,726,000 for the 
     Defense Working Capital Fund accounts. This supports funding 
     of $443,200,000 for the Defense Working Capital Fund, Army, 
     to re-stock spare and repair parts essential to the 
     operational readiness of the Army; $15,000,000 for the 
     Defense Working Capital Fund, Air Force, for the 
     transportation of Fallen Heroes from the theater of 
     operations; and $403,526,000 for the Defense Working Capital 
     Fund, Defense-Wide, for contingency operations costs for the 
     Defense Information Systems Agency and the Defense Logistics 
     Agency.

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                      Budget
                                                      request          House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
WCF--Army:
    Spare Parts.................................         443,200         443,200         443,200         443,200
                                                 ---------------------------------------------------------------
        Total, Working Capital Fund, Army.......         443,200         443,200         443,200         443,200
WCF--Air Force:
    TWCF for Transportation of Fallen Heroes      ..............               0          15,000          15,000
     (transfer from IFF)........................
                                                 ---------------------------------------------------------------
        Total, Working Capital Fund, Air Force..  ..............               0          15,000          15,000
WCF--Defense-Wide:
    DLA Distribution Depots.....................          33,600          33,600          33,600          33,600
    DLA DRMS Operations.........................          34,416          34,416          34,416          34,416
    DLA Supply Management.......................         322,410         322,410         322,410         322,410
    DISA Information Services...................          13,100          13,100          13,100          13,100
                                                 ---------------------------------------------------------------
        Total, Working Capital Fund, Defense-            403,526         403,526         403,526         403,526
         Wide...................................
                                                 ---------------------------------------------------------------
        Grand Total, Working Capital Funds......         846,726         846,726         861,726         861,726
----------------------------------------------------------------------------------------------------------------

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       The conference agreement recommends $1,055,297,000 for the 
     Defense Health Program.
       The recommendations for the Defense Health Program are 
     shown below:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                      Budget
                                                      request          House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance.......................         845,508         845,508         845,508         845,508
    In-House Care...............................         178,828         178,828         178,828         178,828
    Private Sector Care.........................         579,243         579,243         579,243         579,243
    Consolidated Health Care....................          68,196          68,196          68,196          68,196
    Information Management/IT...................           5,700           5,700           5,700           5,700
    Education and Training......................           9,119           9,119           9,119           9,119
    Base Operations and Communications..........           4,422           4,422           4,422           4,422
Procurement.....................................          30,185          50,185          30,185          50,185
    Rehabilitation Equipment....................  ..............          20,000  ..............          20,000
Research, Development, Test & Evaluation........          33,604         201,604          33,604         159,604
    Psychological Health and Traumatic Brain      ..............         100,000  ..............          75,000
     Injury.....................................
    Orthopedic Research.........................  ..............          68,000  ..............          51,000
----------------------------------------------------------------------------------------------------------------

        traumatic brain injury and psychological health research

       The conference agreement provides $75,000,000 for Traumatic 
     Brain Injury (TBI) and Psychological Health peer-reviewed 
     and/or competitively awarded research, development, test and 
     evaluation efforts. The funding provided is to be allocated 
     as recommended in the House Report 111-105 to validate 
     emergent approaches and technologies and to accelerate on-
     going programs for early diagnosis, assessment and treatment 
     of TBI and Psychological Health, including spinal cord 
     injury, and complementary and alternative medicine.


                          orthopedic research

       The conference agreement provides $51,000,000 for 
     orthopedic and other trauma research, treatment and 
     rehabilitation including regenerative medicine. This funding 
     will continue and expand the existing orthopedic trauma 
     research program, amputee rehabilitation and reset research, 
     and restoration of function. Serious limb trauma, vascular 
     injuries, major limb tissue damage, and blood flow disruption 
     contribute heavily to United States military casualties in 
     Iraq and Afghanistan. The Department of Defense estimates 
     indicate that nearly two thirds of injuries sustained in 
     combat in Iraq and Afghanistan are musculoskeletal. Extremity 
     injuries are the most prevalent injury, and amputations 
     following battlefield injury now occur at twice the rate as 
     in past wars. Understanding how to treat and facilitate rapid 
     recovery from orthopedic injuries should be one of the top 
     priorities for the Military Health System.


                        rehabilitation equipment

       The conference agreement provides $20,000,000 to procure 
     equipment for rehabilitation facilities currently under 
     construction. The equipment will enable continued state-of-
     the-art care for soldiers with various types of injuries to 
     recover to their full potential and return to a more normal 
     way of life.

         DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

       The conference agreement recommends $120,398,000 for the 
     Drug Interdiction and Counter-Drug Activities, Defense 
     program.
       The recommendations for the Drug Interdiction and Counter-
     Drug Activities, Defense program are shown below:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                      Budget
                                                      request          House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan.....................................          57,308          57,308          57,308          57,308
Pakistan........................................          25,800          25,800          10,000          10,000
    Frontier Headquarters Construction..........  ..............  ..............         -11,800         -11,800
    Mi-17 Overhaul..............................  ..............  ..............          -4,000          -4,000
Tajikistan......................................          18,940          18,940          16,940          16,940
    English Language Lab........................  ..............  ..............          -2,000          -2,000
Turkmenistan....................................           2,850           2,850           2,850           2,850
Kyrgyzstan......................................          21,520          21,520          21,520          21,520
Kazakhstan......................................          10,580          10,580          10,580          10,580
Uzbekistan......................................           4,000               0           4,000           1,000
Other regional support..........................             200             200             200             200
                                                 ---------------------------------------------------------------
    Total Drug Interdiction and Counter-Drug             141,198         137,198         123,398         120,398
     Activities, Defense........................
----------------------------------------------------------------------------------------------------------------


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             JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

       The conference agreement recommends $1,116,746,000 for the 
     Joint Improvised Explosive Device Defeat Fund.
       The recommendations for the Joint Improvised Explosive 
     Device Defeat Fund are shown below:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                      Budget
                                                      request          House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
Attack the network..............................         499,830         499,830         349,830         349,830
    Excess to requirement.......................  ..............  ..............        -150,000        -150,000
Defeat the device...............................         607,389         457,389         457,389         457,389
    Excess to requirement.......................  ..............        -150,000        -150,000        -150,000
Train the force.................................         333,527         333,527         283,527         283,527
    Excess to requirement.......................  ..............  ..............         -50,000         -50,000
Staff and infrastructure........................          26,000          26,000          26,000          26,000
                                                 ---------------------------------------------------------------
    Total Joint Improvised Explosive Device            1,466,746       1,316,746       1,116,746       1,116,746
     Defeat Fund................................
----------------------------------------------------------------------------------------------------------------

                    OFFICE OF THE INSPECTOR GENERAL

       The conference agreement recommends $9,551,000 for the 
     Office of the Inspector General.

                           GENERAL PROVISIONS

       Title III contains several general provisions, many of 
     which extend or modify war-related authorities included in 
     previous Acts. A brief description of the recommended 
     provisions follows:
       The conferees agree to retain sections 10001 and 301, as 
     proposed by the House and the Senate, which establish the 
     period of availability for obligation for appropriations 
     provided in this title and that funds made available in this 
     title are in addition to amounts appropriated or made 
     available for the Department of Defense for fiscal year 2009.


                     (Including Transfer of Funds)

       The conferees agree to retain and amend sections 10002 and 
     302, as proposed by the House and the Senate, which provide 
     special transfer authority for funds made available in this 
     Act for the Department of Defense.
       The conferees agree to retain and amend sections 10003 and 
     303, as proposed by the House and the Senate, which provide 
     for the obligation and expenditure of funds related to 
     activities pursuant to section 504(a)(1) of the National 
     Security Act of 1947.


                     (Including Transfer of Funds)

       The conferees agree to retain and amend sections 10004 and 
     304, as proposed by the House and the Senate, which provide 
     for transfers from the Defense Cooperation Account.
       The conferees agree to retain and amend sections 10005 and 
     305, as proposed by the House and the Senate, which provide 
     that, for construction projects in Afghanistan funded with 
     operation and maintenance funds, supervisory and 
     administrative costs may be obligated when the contract is 
     awarded.


                        (Including Rescissions)

       The conferees agree to retain and amend section 10006, as 
     proposed by the House, which provides a two year period of 
     availability for the Iraq Security Forces Fund.
       The conferees agree to retain sections 10007 and 306, as 
     proposed by the House and the Senate, which provide authority 
     to use operation and maintenance appropriations to purchase 
     items having an investment item unit cost of not more than 
     $250,000, or upon determination by the Secretary of 
     Defense that the operational requirements of a Commander 
     of a Combatant Command engaged in contingency operations 
     overseas can be met, funds may be used to purchase items 
     having an investment item unit cost of not more than 
     $500,000.
       The conferees agree to delete section 10008 as proposed by 
     the House regarding Commander's Emergency Response Program.
       The conferees agree to delete section 10009 as proposed by 
     the House regarding military spouse career transition 
     assistance internship program.
       The conferees agree to delete section 10010 as proposed by 
     the House regarding the Air Safety System for the Kyrgyz 
     Republic.
       The conferees agree to retain sections 10011 and 307 as 
     proposed by the House and the Senate, which provide for the 
     procurement of passenger motor vehicles for use by military 
     and civilian employees of the Department of Defense in Iraq 
     and Afghanistan.
       The conferees agree to retain and amend sections 10012 and 
     308 as proposed by the House and the Senate regarding 
     rescissions. The rescissions agreed to are:


                             (Rescissions)

2007 Appropriations:
                                             Procurement, Marine Corps:
    Training Devices........................................$53,200,000
    CAC2S.....................................................1,200,000
2008 Appropriations:
                                               Other Procurement, Army:
    Combat ID.................................................4,100,000
    SAT Term, EMUT............................................4,500,000
    LRAS3.....................................................8,400,000
    Smoke & Obscurant Family..................................8,000,000
    Heaters and ECUs..........................................4,300,000
                                             Procurement, Marine Corps:
    CAC2S....................................................10,300,000
                                       Aircraft Procurement, Air Force:
    F-22A.....................................................7,676,000
    Common Support Equipment.................................36,324,000
                      Research, Development, Test and Evaluation, Navy:
    Classified................................................5,000,000
    Silent Guardian...........................................6,300,000
                 Research, Development, Test and Evaluation, Air Force:
    CSAR-X RDT&E.............................................36,107,000
              Research, Development, Test and Evaluation, Defense-Wide:
    DARPA: Undistributed....................................150,000,000
    DARPA: Sensor Technology....................................650,000
    DARPA: Guidance Technology................................9,270,000
    General Support to USD/I..................................9,204,000
2009 Appropriations:
                                       Operation and Maintenance, Army:
    Fuel....................................................352,359,000
                                       Operation and Maintenance, Navy:
    Fuel....................................................881,481,000
                               Operation and Maintenance, Marine Corps:
    Fuel.....................................................54,466,000
                                  Operation and Maintenance, Air Force:
    Fuel....................................................925,203,000
                               Operation and Maintenance, Defense-Wide:
    Fuel.....................................................81,135,000
    Classified................................................5,000,000
    Classified..............................................181,500,000
                               Operation and Maintenance, Army Reserve:
    Fuel.....................................................23,338,000
                               Operation and Maintenance, Navy Reserve:
    Fuel.....................................................62,910,000
                       Operation and Maintenance, Marine Corps Reserve:
    Fuel......................................................1,250,000
                          Operation and Maintenance, Air Force Reserve:
    Fuel....................................................163,786,000
                        Operation and Maintenance, Army National Guard:
    Fuel.....................................................57,819,000
                         Operation and Maintenance, Air National Guard:
    Fuel....................................................250,645,000
                                            Aircraft Procurement, Army:
    Common Ground Equipment..................................11,000,000
    Airborne Avionics........................................11,600,000
                                       Procurement of Ammunition, Army:
    CTG, Tank, 120MM, All Types..............................46,800,000
    Signals, All Types.......................................50,100,000
    Mine, Clearing Charge, All Types..........................2,000,000
    Ammo Components (Renovation)..............................8,200,000
                                               Other Procurement, Army:
    Force XXI Battle Command Brigade & Below.................50,000,000
    Modification of In-Service Equipment (OPA3)..............30,200,000
    Defense Enterprise Wideband SATCOM System.................6,000,000
    Long Range Advanced Scout Surveillance...................47,300,000
    Night Vision Thermal Weapon Sight........................41,500,000
    Field Feeding Equipment...................................7,000,000
    Close Combat Tactical Trainer.............................8,000,000
    Lightweight Laser Designator Rangefinder.................55,000,000
                                             Procurement, Marine Corps:
    CAC2S....................................................10,300,000
                                          Other Procurement, Air Force:
    Base Information Infrastructure..........................17,500,000

[[Page H6729]]

                                             Procurement, Defense-Wide:
    Unmanned Vehicles.........................................6,400,000
                      Research, Development, Test and Evaluation, Army:
    Aerial Common Sensor....................................157,710,000
    Rapid Equipping Force....................................20,000,000
    Armed Reconnaissance Helicopter..........................10,000,000
                      Research, Development, Test and Evaluation, Navy:
    Fuel.....................................................30,510,000
    VH-71....................................................47,000,000
    CG (X)...................................................73,600,000
    Harpoon Upgrades.........................................11,450,000
    Aerial Common Sensor.....................................30,000,000
    Classified...............................................24,500,000
                 Research, Development, Test and Evaluation, Air Force:
    Fuel.....................................................15,098,000
                                                Transformati150,000,000
    CSAR-X RDT&E.............................................92,469,000
    Single Integrated Air Picture............................20,000,000
                                                    MILSATCOM10,000,000

       The conferees agree to delete section 10013 as proposed by 
     the House regarding the transfer of $150,600,000 from various 
     Army procurement accounts to military personnel accounts.
       The conferees agree to delete section 10014 as proposed by 
     the House which rescinds unobligated balances from Operation 
     and Maintenance, Defense-Wide.


                     (Including Transfer of Funds)

       The conferees agree to retain and amend section 10015 as 
     proposed by the House which provides for retroactive Stop 
     Loss payments.
       The conferees agree to retain section 10016 as proposed by 
     the House which provides for authority to retire certain 
     aircraft.
       The conferees agree to retain sections 10017 and 309, as 
     proposed by the House and the Senate, which prohibit 
     obligation or expenditure of funds contrary to the provisions 
     of Section 814 of the National Defense Authorization Act, 
     Fiscal Year 2007 (P.L. 109-364).
       The conferees agree to retain sections 10018 and 310, as 
     proposed by the House and the Senate, which prohibit the use 
     of funds available in this Act for the Department of Defense 
     to finance projects denied by the Congress in the fiscal year 
     2008 or fiscal year 2009 Department of Defense Appropriations 
     Acts.
       The conferees agree to retain section 10019 as proposed by 
     the House, which bans the establishment of permanent bases in 
     Iraq or U.S. control over oil resources.
       The conferees agree to retain section 10020 and 311, as 
     proposed by the House and the Senate, which prohibit the 
     obligation of expenditure of funds in this or any other Act 
     to establish a permanent base in Afghanistan.
       The conferees retain and amend section 10021 as proposed by 
     the House which requires a report on Iraq troop draw down.
       The conferees agree to retain section 312 as proposed by 
     the Senate, which modifies reporting requirements on Iraq and 
     Afghanistan Security Forces funds to include the Pakistan 
     Counterinsurgency Fund.
       The conferees agree to retain and amend section 313 as 
     proposed by the Senate, which modifies section 1174(h)(1), 
     title 10 U.S.C. to allow recoupment of special pay, special 
     separation benefits and voluntary separation incentives.
       The conferees agree to delete section 314 as proposed by 
     the Senate which designated funding as being for overseas 
     deployment and other activities.
       The conferees agree to retain and amend section 315 as 
     proposed by the Senate regarding a study of the detention 
     facility at Naval Station Guantanamo Bay.

         TITLE IV--SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil


                       operation and maintenance

       The conference agreement provides $42,875,000 for Operation 
     and Maintenance, instead of $38,375,000 as proposed by the 
     Senate. The House proposed no funding for this account.


                 flood control and coastal emergencies

       The conference agreement provides $754,290,000 for Flood 
     Control and Coastal Emergencies as proposed by the Senate. 
     The House proposed no funding for this account. Within the 
     funds provided, $315,290,000 is for the Corps to prepare for 
     flood, hurricane, and other natural disasters; support 
     emergency operations, repairs, and other activities in 
     response to flood and hurricane emergencies, as authorized by 
     law; and repair and rehabilitate eligible projects that were 
     affected by natural disasters. An additional $439,000,000 is 
     provided for barrier island restoration and ecosystem 
     restoration along the Mississippi Gulf Coast.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS


                      strategic petroleum reserve

                          (transfer of funds)

       The conference agreement provides $21,585,723 for Strategic 
     Petroleum Reserve to be derived by transfer from the SPR 
     Petroleum Account as proposed by the House and Senate.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           weapons activities

       The conference agreement provides $30,000,000 to sustain a 
     program at the nuclear weapons laboratories and other 
     entities to analyze nuclear and biological weapons 
     intelligence. The Senate bill proposed $34,500,000 for such 
     activities. The House proposed no funding for this account. 
     With this funding, the Secretary of Energy, in cooperation 
     with the Director of National Intelligence, shall develop and 
     implement a plan for investing these funds and sustaining 
     this critical analytical capability.


                    defense nuclear nonproliferation

       The conference agreement provides $55,000,000 for Defense 
     Nuclear Nonproliferation as proposed by the House and Senate.

                     GENERAL PROVISIONS--THIS TITLE

       The conference agreement includes a provision proposed by 
     the Senate concerning Department of Energy Limited Transfer 
     Authority. The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate concerning Federal Employment Requirements. The 
     House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate amending section 3181 of Public Law 110-114 to 
     deauthorize two Corps of Engineers projects. The House 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate concerning reprogramming of funds provided in 
     Public Law 111-5 to the Corps of Engineers. The House 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate concerning reprogramming of funds provided in 
     Public Law 111-5 to the Bureau of Reclamation. The House 
     proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate restricting spending on mission relocation of 
     either the design authority for the gas transfer systems or 
     tritium research and development facilities until an 
     independent technical mission review and cost analysis is 
     performed. The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate increasing the cost ceiling for a Corps of 
     Engineers project. The House proposed no similar provision.
       The conference agreement deletes a provision proposed by 
     the Senate concerning deconstruction of a Corps of Engineers 
     project. The House proposed no similar provision.
       The conference agreement includes a provision proposed by 
     the Senate concerning the Innovative Technology Loan 
     Guarantee Program in the Energy Department. The House 
     proposed no similar provision.

                                TITLE V

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                       National Security Council


                         SALARIES AND EXPENSES

       The conference agreement includes an additional 
     appropriation of $2,936,000 for the National Security 
     Council, as proposed by both the House and the Senate.

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement provides an additional 
     appropriation of $10,000,000 for the Federal Judiciary, as 
     proposed by the Senate, available for transfer between 
     Judiciary accounts to meet increased workload requirements 
     resulting from immigration and other law enforcement 
     initiatives. The House did not include funding for this 
     purpose.

                          INDEPENDENT AGENCIES

                  Financial Crisis Inquiry Commission


                         SALARIES AND EXPENSES

       The conference report appropriates $8,000,000, to remain 
     available until February 15, 2011, for the necessary expenses 
     of the Financial Crisis Inquiry Commission established by 
     section 5 of Public Law 111-21 (enacted on May 20, 2009). The 
     Senate bill provided $4,000,000 for this purpose, 
     appropriated to the Department of the Treasury for transfer 
     to the Commission. Now that the authorization has become law, 
     the conferees decided to make the appropriation directly to a 
     new account for the Commission. In addition, the conference 
     agreement makes the funds available through February 15, 
     2011, rather than through December 31, 2010 as proposed by 
     the Senate, in order to improve consistency with the 
     authorizing legislation. The House bill did not include 
     funding for this new Commission.

                   Securities and Exchange Commission


                         SALARIES AND EXPENSES

       The conference agreement includes an additional 
     appropriation of $10,000,000, as proposed by the Senate, for 
     the Securities and Exchange Commission for investigation of 
     securities fraud. The House bill did not include funding for 
     this purpose.

                     GENERAL PROVISIONS--THIS TITLE

       Section 501 of the conference report makes a technical 
     correction to Public Law 110-428 relating to judicial 
     survivors' annuities. This provision was proposed by the 
     Senate; the House had no comparable language.
       Section 502 of the conference report amends the 
     appropriation of District of Columbia funds in the Financial 
     Services and

[[Page H6730]]

     General Government Appropriations Act, 2009 to incorporate 
     any subsequent budget amendments adopted by the District of 
     Columbia Council. This provision was proposed by the Senate; 
     the House had no comparable language.
       Section 503 of the conference report alters the set aside 
     of not less than $3,000,000 in the fiscal year 2009 
     appropriation for the Federal Communications Commission, to 
     make that amount available for developing a national 
     broadband plan pursuant to the American Recovery and 
     Reinvestment Act instead of for a State Broadband Data and 
     Development matching grants program. This provision was 
     proposed by the Senate; the House had no comparable language.
       Section 504 of the conference report includes language 
     proposed by the Senate amending the Federal Deposit Insurance 
     Act so as to preempt certain state interest rate ceilings, 
     effective through December 31, 2010. The House had no 
     comparable provision.

                           PANDEMIC INFLUENZA

       The conference agreement does not contain provisions 
     proposed by the Senate making appropriations within the 
     Executive Office of the President for pandemic influenza 
     preparedness and response. Rather, this matter is addressed 
     in the Labor-HHS-Education and State/Foreign Operations 
     titles of the conference agreement, as in the House version 
     of the bill.

                                TITLE VI

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection


                         salaries and expenses

       The agreement provides $46,200,000 for U.S. Customs and 
     Border Protection (CBP) Salaries and Expenses as proposed by 
     the Senate. The House bill contained no similar funding. Of 
     this, $6,200,000 shall be to care for and transport 
     unaccompanied illegal alien children (UAC); $30,000,000 shall 
     be to fund the hiring of up to 125 CBP Officers, as well as 
     other personnel, equipment, facilities and operations costs 
     for additional deployment to Southwest border ports of entry; 
     and $10,000,000 shall be to procure competitively non-
     intrusive inspection equipment, all as described in the 
     Senate report. The Secretary of Homeland Security shall 
     submit an expenditure plan to the committees on 
     Appropriations prior to obligating these funds, and not later 
     than 30 days after the date of enactment of this Act.

 Air and Marine Interdiction, Operations, Maintenance, and Procurement

       The agreement provides $5,000,000 for Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement as 
     proposed by the Senate. The House bill contained no similar 
     funding. The Secretary shall submit an expenditure plan to 
     the Committees on Appropriations prior to obligating these 
     funds, and not later than 30 days after the date of enactment 
     of this Act.

                U.S. Immigration and Customs Enforcement


                         salaries and expenses

       The agreement provides $66,800,000 for U.S. Immigration and 
     Customs Enforcement (ICE) Salaries and Expenses as proposed 
     by the Senate. The House bill contained no similar funding. 
     Included in this total is $11,800,000 for increased costs of 
     ICE to care for and transport UAC to the Department of Health 
     and Human Services (HHS), pursuant to the requirements in the 
     William Wilberforce Trafficking Victims Protection 
     Reauthorization Act of 2008 (P.L. 110-457). In addition, the 
     bill includes $55,000,000 for response to border security 
     issues, as discussed in the Senate report. Prior to 
     obligation of the funds, the Secretary shall submit an 
     expenditure plan to the Committees on Appropriations not 
     later than 30 days after the date of enactment of this Act.
       The Department of Homeland Security (DHS) is directed, 
     jointly with HHS, to brief the Committees on Appropriations 
     no late than July 3, 2009, on the fiscal year 2009 costs to 
     date for handling UAC pursuant to P.L. 110-457 and the 
     estimated costs for the same activity in fiscal year 2010.

                              Coast Guard


                           operating expenses

       The agreement provides $139,503,000 for Coast Guard 
     Operating Expenses as proposed by the Senate. The House bill 
     contained $129,503,000 within the Navy Operations and 
     Maintenance appropriation and no funding for maintenance of 
     High Endurance Cutters. Of this total, $129,503,000 is for 
     support of overseas contingency operations, and $10,000,000 
     is for addressing the High Endurance Cutter maintenance 
     backlog. The Coast Guard is directed to provide a briefing by 
     July 15, 2009, on how it plans to apply the cutter 
     maintenance funds.

                  Federal Emergency Management Agency


                        state and local programs

       The agreement provides $30,000,000 for State and Local 
     Programs for Operation Stonegarden as proposed by the Senate. 
     The House bill contained no similar funding.

                     GENERAL PROVISIONS--THIS TITLE

       Section 601. The agreement includes and modifies a 
     provision proposed by the House permitting the Coast Guard to 
     issue a certificate of documentation for the drydock ALABAMA 
     to engage in coastwise trade and waives certain sections of 
     the Jones Act.
       Section 602. The agreement includes a provision proposed by 
     the House permitting the Coast Guard to issue a certificate 
     of documentation for the vessel MARYLAND INDEPENDENCE to 
     engage in coastwise trade and waives certain sections of the 
     Jones Act. This authority is terminated if the vessel is 
     conveyed or repairs or alterations are made to the vessel 
     outside the United States.


                    (including recsission of funds)

       Section 603. The agreement includes a provision proposed by 
     the Senate rescinding and appropriating funds previously 
     allocated to the State of Mississippi.
       Section 604. The agreement includes a provision proposed by 
     the Senate amending language under the heading Federal 
     Emergency Management Agency, Management and Administration, 
     Public Law 110-329.
       Section 605. The agreement includes a provision proposed by 
     the Senate permitting the Secretary to waive certain 
     requirements of the Federal Fire Prevention and Control Act 
     of 1974. The House bill contained a similar provision under 
     the heading Federal Emergency Management Agency, Firefighter 
     Assistance Grants.
       Section 606. The agreement includes a provision proposed by 
     the Senate regarding State-run case management programs 
     related to Hurricanes Katrina and Rita.
       Section 607. The agreement includes a provision proposed by 
     the Senate that amends Section 552 of Public Law 110-161 
     pertaining to primary or secondary schools damaged by 
     Hurricanes Katrina and Rita.
       Section 608. The agreement includes a provision proposed by 
     the Senate pertaining to Disaster Assistance Direct Loans 
     made pursuant to P.L. 111-5 for FEMA-1791-DR.
       Section 609. The agreement includes a new provision 
     pertaining to debris removal and public assistance for 
     damages associated with FEMA-1791-DR, FEMA-1792-DR, FEMA-
     1841-DR, AND FEMA-1838-DR.

                       DEPARTMENT OF THE INTERIOR

                        DEPARTMENT-WIDE PROGRAMS

                        Wildland Fire Management


                     (including transfer of funds)

       The conference agreement includes $50,000,000 as requested 
     for wildfire suppression and emergency rehabilitation 
     activities of the Department of the Interior, available only 
     if other available funds will be exhausted imminently. If it 
     enhances the efficiency or effectiveness of Federal wildland 
     fire suppression activities, the Secretary of the Interior 
     may transfer any of these funds to the Secretary of 
     Agriculture for similar activities. The Committee notes that 
     although wildfire suppression projections are challenging 
     this early in the season, models and experience indicate that 
     it is highly likely that existing available funds will not be 
     sufficient if another fire season like the past three occurs.

                       DEPARTMENT OF AGRICULTURE

                             FOREST SERVICE

                        Wildland Fire Management


                     (including transfer of funds)

       The conference agreement includes $200,000,000 as requested 
     for wildfire suppression and emergency rehabilitation 
     activities of the Forest Service, available only if other 
     available funds will be exhausted imminently. If it enhances 
     the efficiency or effectiveness of Federal wildland fire 
     suppression activities, the Secretary of Agriculture may 
     transfer not more than $50,000,000 of these funds to the 
     Secretary of the Interior for similar activities. The 
     Committee notes that although wildfire suppression 
     projections are challenging this early in the season, models 
     and experience indicate that it is highly likely that 
     existing available funds will not be sufficient if another 
     fire season like the past three occurs.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 701. The conference agreement includes a technical 
     correction as proposed by the Senate that amends Public Law 
     111-8 concerning training of staff at the Agency for Toxic 
     Substances and Disease Registry. The House had no similar 
     provision.
       The conference agreement does not include a provision 
     proposed by the Senate that exempts youth conservation 
     employment programs in the Department of the Interior and the 
     Forest Service from Section 1606 of division A, title XVI of 
     Public Law 111-5. The conferees have been assured by the 
     Department of the Interior officials that they have legal 
     authorities to conduct youth projects under the American 
     Recovery and Reinvestment Act with appropriate entities, such 
     as the Youth Conservation Corps and Public Lands Corps.

                               TITLE VIII

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families


                     REFUGEE AND ENTRANT ASSISTANCE

       The conference agreement includes $82,000,000 for refugee 
     and entrant assistance, as proposed by the Senate. The House 
     proposed these funds within the Department of Defense, 
     including transfer authority to other Federal agencies. The 
     conferees intend that these funds be used for the care and 
     custody of unaccompanied alien children, to allow the Office 
     of Refugee Resettlement to implement the provisions of Public 
     Law 110-457, the William Wilberforce Trafficking Victims 
     Protection Reauthorization Act (TVPRA) of 2008. The conferees 
     direct the Department of Health and Human Services, in 
     conjunction with the Department of Homeland Security, to 
     provide a briefing to the Committees on Appropriations no 
     later

[[Page H6731]]

     than July 3, 2009 on the increased costs in fiscal year 2010 
     associated with implementing the TVPRA.

                        Office of the Secretary


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $1,850,000,000 for 
     pandemic influenza preparedness and response as proposed by 
     the House. The Senate proposed $1,500,000,000 in the 
     Executive Office of the President. Funding is available until 
     expended, as proposed by the House, rather than until 
     September 30, 2010 as proposed by the Senate.
       The conference agreement concurs in the House 
     recommendation and does not specify amounts within this 
     appropriation for Federal government agencies outside of the 
     Department of Health and Human Services (HHS). The Senate 
     recommended a number of transfers to other Federal agencies.
       The conferees recognize the high level of uncertainty 
     associated with the current H1N1 influenza virus strain and 
     other circulating flu viruses and the urgent need to provide 
     increased resources to Federal, State, and local agencies on 
     the frontlines of responding to disease outbreaks. Lessons 
     learned from past influenza pandemics indicate that influenza 
     can strike a community, affect many individuals, and then 
     return with a vengeance to strike the community months later.
       HHS has nearly exhausted all prior appropriated influenza 
     pandemic funds to respond to the current H1N1 influenza 
     outbreak. Supplemental funding is needed to continue to 
     address this current outbreak, but also to prepare for the 
     potential of future outbreaks, increased severity of the 
     virus, or for a new flu strain to emerge. As such, this 
     funding may be used for an array of pandemic influenza 
     preparedness and response activities, including the 
     development and purchase of vaccines, antiviral drugs, 
     medical supplies and personal protective equipment, 
     diagnostic and vaccine delivery equipment, for upgrading 
     State and local public health capacity, and domestic and 
     international surveillance. Additionally, funding may be used 
     to support the activities for which prior funding was 
     provided, but has been diverted to address the current 
     outbreak.
       As proposed by the House, the conference agreement includes 
     bill language that permits the Secretary of HHS to transfer 
     funding to other Federal agencies to be used to prepare for 
     and respond to an influenza pandemic. Funds may also be 
     transferred to the Covered Countermeasure Process Fund for 
     the purpose of administering compensation claims for 
     individuals who may experience adverse reactions caused by 
     the administration or use of a covered countermeasure, such 
     as vaccines and antiviral drugs. Such transfers shall be made 
     in consultation with the Director of the Office of Management 
     and Budget (OMB). Not later than 15 days prior to 
     transferring any funds, the Secretary must notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate of the planned uses of the funds. The Senate 
     did not propose similar language. Additionally, the conferees 
     direct the Secretary to consult with the Director of OMB when 
     making funding allocations within HHS.
       Within the total, the conference agreement includes no less 
     than $200,000,000 for the Centers for Disease Control and 
     Prevention (CDC) as proposed by the House. The Senate did not 
     include a similar provision. CDC is the lead Federal agency 
     involved with detecting, preparing for, and responding to 
     infectious disease outbreaks. Funding will be used for such 
     activities as U.S. and global disease detection and 
     surveillance, laboratory capacity and research, diagnostic 
     capabilities, risk communication, rapid response, 
     distribution of medical supplies and treatments from the 
     Strategic National Stockpile, guidance development, and 
     assistance to State and local governments.
       Also within the total, the conference agreement includes no 
     less than $350,000,000 for upgrading State and local capacity 
     as proposed by the House. The Senate did not include a 
     similar provision. State and local public health systems have 
     been challenged by the economic downturn. These funds will be 
     used to support State and local public health and emergency 
     response infrastructure, such as workforce, laboratory 
     capacity, public communications, and community mitigation 
     guidance and planning.
       As proposed by the House, the conferees request that the 
     Secretary of HHS, together with the Director of CDC, examine 
     HHS' response to the early stages of the H1N1 outbreak in 
     Mexico and the laboratory confirmation process to ascertain 
     whether improvements are needed in its current disease 
     detection policies and procedures. HHS should submit a report 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate no later than 90 days after 
     the enactment of this Act. The Senate did not request a 
     similar report.
       As proposed by the House, the conferees direct the 
     Secretary of HHS to provide monthly reports to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate updating the status of actions taken and funds 
     obligated in this and previous appropriations Acts for 
     pandemic influenza preparedness and response activities. 
     These reports should be provided no later than 15 days after 
     the end of each month. Further, the Secretary shall include 
     appropriations provided in this Act when preparing the semi-
     annual report to Congress on influenza pandemic preparedness 
     spending. The Senate did not propose similar language.
     Contingent emergency appropriation
       The conference agreement includes an additional 
     $5,800,000,000 as a contingent emergency appropriation to 
     provide Federal, State, and local public health and emergency 
     response agencies with resources to effectively respond 
     should an escalation of the H1N1 virus or another emergent 
     influenza virus require a national vaccination program. On 
     June 2, 2009, the President submitted a request for 
     $2,000,000,000 in contingent funds, plus authority to 
     transfer and redirect Recovery Act and other prior 
     appropriations for this purpose. The conferees agree that 
     additional, substantial, and flexible resources should be 
     provided to respond to this emerging situation; however, the 
     conferees believe they should be provided in a more efficient 
     manner.
       Moreover, to ensure that these resources are used for 
     urgent needs, with oversight and accountability, this funding 
     is available for obligation only if the President provides 
     written notice to Congress that emergency funds are required 
     to address critical needs related to emerging influenza 
     viruses. Funds may be transferred to other appropriation 
     accounts of the Department of Health and Human Services and 
     other Federal agencies in consultation with the Director of 
     the Office of Management and Budget. Further, none of the 
     funds provided through this contingent emergency 
     appropriation shall be made available for obligation until 15 
     days following the submittal of detailed obligation plans to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate. Such plans shall identify the 
     amounts and the activities for which funds are specified by 
     the President, shall be prepared by HHS or any other Federal 
     agency receiving funds, and shall be coordinated with the 
     Executive Office of the President.

                     GENERAL PROVISIONS--THIS TITLE


                          (TRANSFER OF FUNDS)

       Sec. 801. The conference agreement includes a provision as 
     proposed by the Senate to provide the Department of Labor 
     expanded transfer authority for administrative funding 
     appropriated in the American Recovery and Reinvestment Act. 
     The House bill did not include a similar provision.
       Sec. 802. The conference agreement includes a provision as 
     proposed by the House to make a technical correction to the 
     fiscal year 2009 Omnibus Appropriations Act to permit the 
     higher foster care children adoption incentive payments to 
     States authorized by the Fostering Connections to Success and 
     Increasing Adoptions Act of 2008 (Public Law 110-351). The 
     Senate bill did not include a similar provision.
       Sec. 803. The conference agreement includes bill language, 
     not in either House or Senate bills, to enable the Department 
     of Education to expedite the awarding of American Recovery 
     and Reinvestment Act (ARRA) funding available for the Centers 
     for Independent Living program and allow multiple year 
     awards. The conferees expect that this authority will help 
     the Department begin to make ARRA awards under this program 
     in the current fiscal year and request monthly reports to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on actions taken to make all awards under this 
     program.


                     (INCLUDING TRANSFER OF FUNDS)

       Sec. 804. The conference agreement includes a provision 
     that permits the Secretary of Education to transfer up to 
     $10,260,000 to the Career, Technical, and Adult Education 
     account for carrying out Adult Education State Grants from 
     amounts that would otherwise lapse at the end of fiscal year 
     2009, with notification to the Committees on Appropriations. 
     The Senate proposed language authorizing a transfer of up to 
     $17,678,270 for this purpose, while the House bill did not 
     include similar language.

                                TITLE IX

                           Legislative Branch

                          U.S. Capitol Police


                            general expenses

       The agreement includes $71,606,000 for the acquisition and 
     installation of a new radio system for the U.S. Capitol 
     Police as proposed by both the House and the Senate. this is 
     the same amount as the supplemental request. The Government 
     Accountability Office will support the Capitol Police in the 
     execution of this critical project and have been requested by 
     the House and Senate Appropriations Committees to provide 
     regular updates of progress in meeting critical system 
     deadlines and performance standards.
       The agreement accepts the Senate structure of the 
     appropriations language which deletes a proviso included in 
     the House bill and the supplemental request that would have 
     placed $6,500,000 of this amount in a contingency reserve.

                      Congressional Budget Office


                         salaries and expenses

       The agreement includes $2,000,000 as proposed by the Senate 
     for the Congressional Budget Office. These funds remain 
     available until September 30, 2010. The funding provides 
     increased resources to expedite CBO's evaluation and scoring 
     of major legislation expected to be considered during the 
     remainder of fiscal year 2009 and will accelerate staffing 
     increases proposed in the fiscal year 2010 budget request. 
     These funds were not in the supplemental request or the House 
     bill.

[[Page H6732]]

                      Sec. 901--General Provision

       The agreement does not include a general provision proposed 
     by the Senate related to Committee funding. The House 
     included no similar language.

                                TITLE X

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army


                         (including rescission)

       The conferees agree to provide $1,326,231,000 for Military 
     Construction, Army, instead of $1,407,231,000 as proposed by 
     the House and $1,278,731,000 as proposed by the Senate. The 
     conferees also recommend a rescission of $143,242,000 from a 
     prior year appropriation due to the cancellation of military 
     construction projects in Iraq. The agreement includes a 
     provision as proposed by the Senate to require a prefinancing 
     statement for each project in Afghanistan be submitted to 
     NATO before funds can be obligated or expended. The funds are 
     provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                  Location                           Project description          Request ($000)     agreement
                                                                                                      ($000)
----------------------------------------------------------------------------------------------------------------
CO: Fort Carson............................  Child Development Center...........          11,200          11,200
CO: Fort Carson............................  Child Development Center...........          11,500          11,500
KY: Fort Knox..............................  CDC Connector......................           1,100           1,100
MS: Mississippi AAP........................  Hurricane Damage Repair............  ..............          49,000
NC: Fort Bragg.............................  Warrior in Transition Complex......          88,000          88,000
TX: Fort Bliss.............................  Child Development Center                      4,700           4,700
                                              (additional funds).
TX: Fort Bliss.............................  Child Development Center                      3,900           3,900
                                              (additional funds).
TX: Fort Bliss.............................  Child Development Center                      4,700           4,700
                                              (additional funds).
TX: Fort Bliss.............................  Child Development Center...........          14,200          14,200
TX: Fort Hood..............................  Warrior in Transition Complex......          64,000          64,000
TX: Fort Sam Houston.......................  Warrior in Transition Complex......          87,000          87,000
VA: Fort Belvoir...........................  Warrior in Transition Complex......          76,000          76,000
WA: Fort Lewis.............................  Warrior in Transition Complex......         110,000         110,000
Afghanistan: Airborne......................  Troop Housing......................           5,600           5,600
Afghanistan: Altimur.......................  Troop Housing......................           3,500           3,500
Afghanistan: Bagram AB.....................  SOF Alpha Ramp Facilities..........          10,800          10,800
Afghanistan: Bagram AB.....................  Power Plant Expansion..............          33,000          33,000
Afghanistan: Bagram AB.....................  Drainage System, Phase 1...........          18,500          18,500
Afghanistan: Bagram AB.....................  Troop Housing, Phase 2.............          20,000          20,000
Afghanistan: Bagram AB.....................  Troop Housing, Phase 3.............  ..............          22,000
Afghanistan: Dwyer.........................  Contingency Housing, Phase 1.......  ..............           8,600
Afghanistan: Dwyer.........................  Contingency Housing, Phase 2.......  ..............           6,900
Afghanistan: Frontenac.....................  Contingency Housing................  ..............           3,800
Afghanistan: Gardez........................  Contingency Housing................  ..............           8,400
Afghanistan: Garmsir.......................  Medical Facility...................           2,000           2,000
Afghanistan: Helmand.......................  Brigade Headquarters...............           7,800           7,800
Afghanistan: Jalalabad.....................  Contingency Housing................  ..............           6,900
Afghanistan: Joyce.........................  Troop Housing......................           5,200           5,200
Afghanistan: Kandahar......................  Troop Housing, Phase 1.............           8,700           8,700
Afghanistan: Kandahar......................  Troop Housing, Phase 2.............  ..............           4,250
Afghanistan: Kandahar......................  South Park Drainage, Phase 1.......          16,500          16,500
Afghanistan: Kandahar......................  Utilities, Phase 1.................          27,000          27,000
Afghanistan: Kandahar......................  Medical Facility...................           1,950           1,950
Afghanistan: Kandahar......................  Rotary Wing Ramps and Taxiway,               49,000          49,000
                                              Phase 2.
Afghanistan: Kandahar......................  Command & Control Headquarters               23,000          23,000
                                              Facility.
Afghanistan: Maywand.......................  Troop Housing......................          10,800          10,800
Afghanistan: Maywand.......................  Rotary Wng Ramps and Taxiway, Phase          26,000          26,000
                                              1.
Afghanistan: Maywand.......................  Fuel Distribution System...........           8,000           8,000
Afghanistan: Shank.........................  Fuel Distribution System...........           8,000           8,000
Afghanistan: Shank.........................  Troop Housing, Phase 1.............           7,800           7,800
Afghanistan: Shank.........................  Troop Housing, Phase 2.............  ..............           8,600
Afghanistan: Shank.........................  Aviation Hangar & Maintenance                11,200          11,200
                                              Facilities.
Afghanistan: Shank.........................  Brigade Headquarters...............           7,800           7,800
Afghanistan: Shank.........................  Rotary Wing Ramps and Taxiways,              24,000          24,000
                                              Phase 2.
Afghanistan: Sharana.......................  Atiation Hangar & Maintenance                11,200          11,200
                                              Facilities.
Afghanistan: Sharana.......................  Rotary Wing Ramps and Taxiways,              39,000          39,000
                                              Phase 1.
Afghanistan: Sharana.......................  Rotary Wing Ramps and Taxiways,              29,000          29,000
                                              Phase 2.
Afghanistan: Tarin Kowt....................  Rotary Wing Ramps and Taxiways,              26,000          26,000
                                              Phase 1.
Afghanistan: Tarin Kowt....................  Fuel Distribution System...........           8,000           8,000
Afghanistan: Tombstone/Bastion.............  Role 2 Medical Facility............           4,200           4,200
Afghanistan: Tombstone/Bastion.............  Troop Housing......................           8,700           8,700
Afghanistan: Tombstone/Bastion.............  Troop Housing, Phase 2.............           5,200           5,200
Afghanistan: Tombstone/Bastion.............  Troop Housing, Phase 3.............  ..............           3,250
Afghanistan: Tombstone/Bastion.............  Troop Housing, Phase 4.............  ..............           3,800
Afghanistan: Tombstone/Bastion.............  Rotary Wing Ramps and Taixways,              49,000          49,000
                                              Phase 2.
Afghanistan: Tombstone/Bastion.............  Aviation Hangar & Maintenance                11,200          11,200
                                              Facilities.
Afghanistan: Tombstone/Bastion.............  Brigade Headquarters...............           7,800           7,800
Afghanistan: Tombstone/Bastion.............  Fuel Distribution System...........           8,000           8,000
Afghanistan: Wolverine.....................  Troop Housing......................           8,900           8,900
Afghanistan: Various Locations.............  CIED Road, Kapisa Supply Route.....          68,000          52,000
Germany: Ansbach...........................  Child Development Center (Storck              9,800           9,800
                                              Barracks).
Germany: Ansbach...........................  Child Development Center                     13,300          13,300
                                              (Katterbach).
Germany: Landstuhl.........................  Child Youth Services Center........           5,500           5,500
Italy: Vicenza.............................  Child Youth Services Center........          12,000          12,000
Netherlands: Schinnen......................  Child Development Center (Emma               11,400          11,400
                                              Mine).
Worldwide: Unspecified.....................  Planning and Design................          81,081          68,081
                                                                                 -------------------------------
    Total..................................  ...................................       1,229,731       1,326,231
----------------------------------------------------------------------------------------------------------------

              Military Construction, Navy and Marine Corps

       The conferees agree to provide $235,881,000 for Military 
     Construction, Navy and Marine Corps as proposed by the House, 
     instead of $243,083,000 as proposed by the Senate. The funds 
     are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                  Location                           Project description          Request ($000)     agreement
                                                                                                      ($000)
----------------------------------------------------------------------------------------------------------------
CA: Camp Pendleton.........................  Child Development Center...........          15,420          15,420
CA: Camp Pendleton.........................  Marine Resources and Recovery                24,990          24,990
                                              Center.
CA: Camp Pendleton.........................  Wounded Warrior Battalion HQ.......           9,900           9,900
DC: Washington Navy Yard...................  Child Development Center...........           9,340           9,340
HI: Pearl Harbor NS........................  Child Development Center...........          32,280          32,280
MD: Annapolis NSA..........................  Child Development Center Expansion.           9,720           9,720
MD: Patuxent River NAS.....................  Child Development Center...........          13,150          13,150
MD: Patuxent River NAS.....................  Child Development Center Addition..           3,850           3,850
NC: Camp Lejeune...........................  Child Development Center...........          13,970          13,970
NC: Camp Lejeune...........................  Marine Resource and Recovery Center          24,960          24,960
NC: Camp Lejeune...........................  Wounded Warrior Battalion HQ.......           3,601           3,601
NC: New River MCAS.........................  Child Development Center Addition..           2,670           2,670
SC: Parris Island MCRD.....................  Child Development Center...........          14,670          14,670
VA: Little Creek NAB.......................  Child Development Center...........          15,360          15,360
VA: Quantico MCB...........................  Child Development Center...........          17,440          17,440
WA: Whidbey Island NAS.....................  Child Development Center...........          13,560          13,560

[[Page H6733]]

 
Worldwide: Unspecified.....................  Planning and Design................          14,150           11,00
                                                                                 -------------------------------
    Total..................................  ...................................         239,031         235,881
----------------------------------------------------------------------------------------------------------------

                    Military Construction, Air Force

       The conferees agree to provide $281,620,000 for Military 
     Construction, Air Force, instead of $279,120,000 as proposed 
     by the House and $265,470,000 as proposed by the Senate. The 
     agreement includes a provision as proposed by the Senate to 
     require a prefinancing statement for each project in 
     Afghanistan be submitted to NATO before funds can be 
     obligated or expended. The funds are provided follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference
                  Location                           Project description          Request ($000)     agreement
                                                                                                      ($000)
----------------------------------------------------------------------------------------------------------------
Afghanistan: Bagram AB.....................  CAS Apron..........................          32,000          32,000
Afghanistan: Kandahar......................  Strategic Airlift Apron............          84,000          84,000
Afghanistan: Tarin Kowt....................  Airlift Apron......................           9,400           9,400
Afghanistan: Tarin Kowt....................  Runway.............................          18,500          18,500
Afghanistan: Tombstone/Bastion.............  CAS Apron..........................          43,000          43,000
Afghanistan: Tombstone/Bastion.............  Fuels Operation & Storage..........           2,250           2,250
Afghanistan: Tombstone/Bastion.............  Expand Munitions Storage Area......          51,000          51,000
Germany: Spangdahlem AB....................  Child Development Center...........          11,400          11,400
Qatar: Al Udeid AB.........................  Temporary West Munitios Storage              15,500              --
                                              Area.
Qatar: Al Udeid AB.........................  Relocate South Munitions Storage                 --          18,000
                                              Area.
Worldwide: Unspecified.....................  Planning and Design................          13,920          12,070
                                                                                 -------------------------------
    Total..................................  ...................................         280,970         281,620
----------------------------------------------------------------------------------------------------------------

                  Military Construction, Defense-Wide

       The conferees agree to provide $661,552,000 for Military 
     Construction, Defense-Wide, instead of $1,086,968,000 as 
     proposed by the House and $181,500,000 as proposed by the 
     Senate. Within the amount, the conferees agree to provide 
     $488,000,000 for construction of hospitals, $169,500,000 for 
     construction of a National Security Agency data center, and 
     $4,052,000 for construction to support the Vision Center of 
     Excellence at the National Naval Medical Center, Bethesda. 
     The conferees also agree to include language as proposed by 
     the Senate to authorize the full cost of construction of the 
     data center at $1,589,500,000.
       National Security Agency Data Center.--The conferees agree 
     to incrementally fund and fully authorize the National 
     Security Agency Data Center at Camp Williams, Utah. The 
     conferees direct the National Security Agency to submit to 
     the Committees on Appropriations of both Houses of Congress a 
     quarterly report on the progress of design and construction 
     of the project, beginning with the end of the fourth quarter 
     of fiscal year 2009 and continuing through the quarter of 
     project completion. This report shall include, at minimum, 
     the amounts of obligated and expended to date, the percentage 
     of authorized construction completed, an updated construction 
     and equipment installation timetable, and proposed changes, 
     if any, to the submitted form 1391. The Agency is also 
     directed to promptly notify the committees of any material 
     changes in requirements, cost, or scope. The report and any 
     associated notifications may be submitted in classified form 
     if necessary.

                   North Atlantic Treaty Organization

                      Security Investment Program

       The conferees agree to provide $100,000,000 for the North 
     Atlantic Treaty Organization Security Investment Program as 
     proposed by both the House and the Senate.

            Department of Defense Base Closure Account 2005

       The conferees agree to provide $263,300,000 as proposed by 
     the House instead of $230,900,000 as proposed by the Senate.

                     General Provisions--This Title

       The conferees agree to include a modified provision (Sec. 
     1001) as proposed by the Senate related to the Armed Forces 
     Institute of Pathology.
       The conferees do not include a provision proposed by the 
     Senate related to the designation of funds in this title.
       The conferees agree to include a provision (Sec. 1002) to 
     amend title 38 to provide for certain education benefits to 
     the children of a member of the Armed Forces who dies while 
     on active duty.

                                TITLE XI

                              Introduction

       The conference agreement provides $9,700,213,000 for 
     Department of State, Foreign Operations, and Related 
     Programs, which is $2,652,069,000 above the request.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

       The conference agreement includes $997,890,000 for 
     Diplomatic and Consular Programs, to support operations and 
     security requirements for Afghanistan, Pakistan, and Iraq; 
     and to address increased requirements for global activities, 
     which is $403,575,000 above the request. Within the amount 
     provided, $146,358,000 is for worldwide security protection. 
     The funds made available under this heading are to be 
     allocated according to the following table and are subject to 
     the terms and conditions of section 1103 (a) and (b) 
     concerning allocations and notifications:

                                        DIPLOMATIC AND CONSULAR PROGRAMS
                                   [Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                  Activity                        Request           House            Senate         Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan
    Operations..............................         123,900          169,800          173,000          159,100
        Air Mobility (non-add)..............         [17,000]              --          [57,000]         [42,000]
        Public Diplomacy (non-add)..........         [22,100]         [33,000]         [31,000]         [32,100]
    Worldwide Security Protection...........         101,545          121,545          101,545          116,545
    Other Agencies..........................         137,600          157,600          135,629          137,600
                                             -------------------------------------------------------------------
        Subtotal--Afghanistan...............         363,045          448,945          410,174          413,245
                                             ===================================================================
Pakistan
    Operations..............................          36,462           36,462           36,462           36,462
        Public Diplomacy (non-add)..........         [30,900]         [30,900]         [30,900]         [30,900]
    Worldwide Security Protection...........           9,078            9,078            9,078            9,078
                                             -------------------------------------------------------------------
        Subtotal--Pakistan..................          45,540           45,540           45,540           45,540
                                             ===================================================================
Iraq
    Operations and Security.................         150,000          486,000          150,000          486,000
    Public Diplomacy (non-add)..............            [900]            [900]            [900]            [900]
                                             -------------------------------------------------------------------
        Subtotal--Iraq......................         150,000          486,000          150,000          486,000
                                             ===================================================================
Global Programs
    Envoys and Special Representatives--              28,370           28,370           28,370           28,370
     Operations.............................
    Public Diplomacy--Arab Youth Programs...               0                0            4,000            4,000
    Worldwide Security Protection...........           7,360            7,360            7,360           20,735
                                             -------------------------------------------------------------------
        Subtotal--Global Programs...........          35,730           35,730           39,730           53,105
                                             ===================================================================
            Total, D&CP.....................         594,315        1,016,215          645,444          997,890
----------------------------------------------------------------------------------------------------------------


[[Page H6734]]

       The conferees require prior notification of funds 
     appropriated in this title for other Federal agencies, as 
     proposed by the Senate, and direct that with respect to these 
     interagency funds, the spending plan required in section 1104 
     of this title will be developed in consultation with the 
     heads of the relevant Federal agencies, as proposed by the 
     House.
       Afghanistan.--The conference agreement includes 
     $159,100,000 for Afghanistan operations, including 
     $42,000,000 for Department of State air mobility 
     requirements. This includes $25,000,000 for the procurement 
     of additional air wing assets contained in the fiscal year 
     2010 budget request.
       The conference agreement includes language in section 1102 
     requiring that the uses and oversight of aircraft purchased 
     or leased by the Department of State and USAID shall be 
     coordinated under the authority of the Chief of Mission in 
     Afghanistan. The conferees include this language, modified 
     from the Senate, to ensure oversight, coordination and 
     efficient use of resources.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations not later than 90 
     days after enactment of this Act on the steps taken to ensure 
     the interoperability of aircraft communications equipment and 
     procedures for the use of air assets by the three primary 
     agencies in Afghanistan--the Department of State, the United 
     States Agency for International Development (USAID) and the 
     Department of Defense.
       Iraq.--The conference agreement includes $486,000,000 for 
     Iraq operations, of which $336,000,000 is for activities 
     contained in the fiscal year 2010 budget request to assist in 
     the transition to regularize diplomatic operations.
       The conferees require that the Secretary of State submit to 
     the Committees on Appropriations a report on the facilities 
     lease plan for Iraq not later than 90 days after enactment of 
     this Act, as proposed by the House, and direct the Chief of 
     Mission in Iraq to conduct a right-sizing exercise, as 
     proposed by the Senate.
       Global Operations.--The conferees require the Secretary of 
     State to submit a report to the Committees on Appropriations 
     not later than 180 days after enactment of this Act 
     accounting for the staff positions and resources dedicated to 
     supporting special envoys, special representatives, 
     coordinators, and similar positions and direct that any 
     transfer of these positions to other bureaus and offices 
     within the Department of State, or any reorganization 
     affecting these positions, is subject to the regular 
     notification procedures of the Committees on 
     Appropriations, as proposed by the House. In addition, 
     funding under this heading for global operations should be 
     provided to support the Special Envoy for Sudan and the 
     special representative and policy coordinator for Burma.
       Public Diplomacy.--The conference agreement includes the 
     transfer of up to $10,000,000 to ``International Broadcasting 
     Operations'' of the Broadcasting Board of Governors for 
     broadcasting activities to the Pakistan-Afghanistan border 
     region, as proposed by the Senate and similar to that 
     proposed by the House. The conferees recommend that up to 
     $4,000,000 of the funds appropriated in this title for public 
     diplomacy programs be made available through an open and 
     competitive process for new Arabic language television 
     programs for broadcast to Arabic-speaking countries, as 
     proposed by the Senate.
       Personnel Report.--The conferees direct the Secretary of 
     State to submit a report to the Committees on Appropriations 
     not later than 45 days after enactment of this Act on the 
     promotion process at the Department as it relates to any 
     preferential consideration given for service in Iraq, 
     Afghanistan, and Pakistan as compared to other hardship 
     posts, as proposed by the Senate.


                      OFFICE OF INSPECTOR GENERAL

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $24,122,000 for Office of 
     Inspector General, which is $16,921,000 above the request. Of 
     the funds provided under this heading, the conferees include 
     language transferring $7,200,000 to the Special Inspector 
     General for Afghanistan Reconstruction (SIGAR) and $7,000,000 
     for the Special Inspector General for Iraq Reconstruction 
     (SIGIR). The balance of the funds, $9,922,000, is for 
     oversight requirements of the Inspector General of the 
     Department of State, as proposed by the House and similar to 
     that proposed by the Senate.
       The conference agreement requires that the Inspector 
     General of the United States Department of State and the 
     Broadcasting Board of Governors, the SIGIR, the SIGAR, and 
     the USAID Inspector General coordinate and integrate the 
     programming of funds made available in fiscal year 2009 for 
     oversight of programs in Afghanistan, Pakistan and Iraq, and 
     direct the Secretary of State to submit to the Committees on 
     Appropriations the annual comprehensive audit plan for 
     Southwest Asia developed by the Southwest Asia Joint Planning 
     Group in accordance with section 842 of Public Law 110-181, 
     as proposed by the House.
       The conference agreement also extends to the SIGAR the 
     temporary hiring authority of section 3161 of title 5 of the 
     United States Code, as proposed by both the House and Senate.


            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

       The conference agreement includes $921,500,000 for urgent 
     embassy security, construction, and maintenance costs, which 
     is $22,772,000 above the request. The funds made available 
     under this heading are to be allocated according to the 
     following table and are subject to the terms and conditions 
     of section 1103 (a) and (b) concerning allocations and 
     notifications:

                                 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
                                   [Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                    Activity                          Request          House          Senate        Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan:
    Land Acquisition and Site Development.......          87,028          87,028          10,000          20,000
                                                 ---------------------------------------------------------------
        Subtotal--Afghanistan...................          87,028          87,028          10,000          20,000
                                                 ===============================================================
Pakistan:
    Islamabad--Construction/Renovation..........         736,500         736,500         735,500         735,500
    Lahore--Acquisition, Mitigation and                   29,600          29,600          29,500          29,500
     Development................................
    Peshawar--NOB and Housing...................          40,100         131,000          40,000         131,000
                                                 ---------------------------------------------------------------
        Subtotal--Pakistan......................         806,200         897,100         805,000         896,000
                                                 ===============================================================
Global Programs:
    Mobile Mail Screening Units.................           5,500           5,500           5,500           5,500
                                                 ---------------------------------------------------------------
        Subtotal--Global Programs...............           5,500           5,500           5,500           5,500
                                                 ===============================================================
            Total, ESCM.........................         898,728         989,628         820,500         921,500
----------------------------------------------------------------------------------------------------------------

       Civilian Surge.--The conferees urge the Secretary of State 
     to ensure that both office and housing plans accommodate the 
     surge in civilian personnel under the recently announced 
     strategy for Afghanistan and Pakistan. The conferees direct 
     the Secretary of State to ensure that the spending plan 
     required in section 1104 includes detailed information about 
     facilities plans in Afghanistan and Pakistan and how such 
     plans are integrated into the current strategy, as proposed 
     by both the House and Senate.
       Property Acquisition in Afghanistan.--The conferees are 
     concerned about the request for the acquisition of land for 
     the expansion of the United States Mission in Afghanistan and 
     direct the Department of State to continue negotiations with 
     the Government of Afghanistan concerning land acquisition for 
     this purpose and notify the Committees on Appropriations on 
     the outcome of these negotiations prior to the obligation of 
     funds for such purpose.
       Pakistan facilities.--The conference agreement includes 
     $896,000,000 for the construction of safe and secure 
     facilities in Pakistan, of which $90,900,000 is contained in 
     the fiscal year 2010 request for housing and offices in 
     Peshawar, as proposed by the House.

                      International Organizations


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

       The conference agreement includes $721,000,000 for 
     Contributions for International Peacekeeping Activities 
     (CIPA), which is $115,900,000 below the request. Funding for 
     programs and activities for Somalia is included under the 
     heading ``Peacekeeping Operations.''

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President


                           OPERATING EXPENSES

       The conference agreement includes $157,600,000 for 
     Operating Expenses, which is $5,000,000 above the request. Of 
     the total, $140,000,000 is for Afghanistan operations 
     (including $40,000,000 for aircraft operations); $7,600,000 
     is for Pakistan operations; and $10,000,000 is for West Bank 
     and Gaza operations.
       The conferees direct the USAID Administrator to ensure that 
     the spending plan required in section 1104 includes 
     information about the proposed additional personnel and

[[Page H6735]]

     operating costs for USAID operations in Afghanistan and 
     Pakistan.
       Afghanistan Airwing.--USAID should undertake efforts to 
     ensure that its airwing is interoperable and its procedures 
     are consistent with those of the Department of State and the 
     Department of Defense.
       Personnel Report.--The conferees direct the USAID 
     Administrator to submit a report to the Committees on 
     Appropriations not later than 45 days after enactment of this 
     Act on USAID's promotion process as it relates to any 
     preferential consideration given for service in Iraq, 
     Afghanistan, and Pakistan as compared to other hardship 
     posts, as proposed by the Senate.


                        CAPITAL INVESTMENT FUND

       The conference agreement includes $48,500,000 for Capital 
     Investment Fund, which is the same as the request.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $3,500,000 for Office of 
     Inspector General for increased oversight of programs in 
     Afghanistan and Pakistan, which is $3,500,000 above the 
     request. In addition, the agreement includes language under 
     the heading ``Economic Support Fund'' transferring $2,000,000 
     to the Office of Inspector General for oversight of USAID 
     activities in the West Bank and Gaza.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President


                    GLOBAL HEALTH AND CHILD SURVIVAL

       The conference agreement includes $150,000,000 for Global 
     Health and Child Survival, which is $150,000,000 above the 
     request.
       Global Pandemic Preparedness and Response.--The conference 
     agreement provides $50,000,000 to support global pandemic 
     preparedness and response, similar to that proposed by the 
     House. In addition, the conferees expect additional funds to 
     be transferred to USAID for global pandemic preparedness and 
     response activities from the amounts provided under title 
     VIII of this Act.
       The conferees include language, proposed by the House, 
     providing authority to the President to use funds 
     appropriated under the headings ``Global Health and Child 
     Survival'', ``Development Assistance'', ``Economic Support 
     Fund'', and ``Millennium Challenge Corporation'' to combat an 
     H1N1 influenza pandemic, if he determines that the human-to-
     human transmission of the virus is virulent, efficient and 
     sustained, severe, spreading internationally to multiple 
     regions, and has been designated by the World Health 
     Organization (WHO) to be at the highest phase of the Global 
     Influenza Pandemic Alert. The conferees are aware of ongoing 
     efforts to clarify the WHO's pandemic definition and 
     reiterate that this authority is only for use if H1N1 is a 
     severe global threat. In the event that the President 
     exercises this authority, the conferees expect the Office of 
     Management and Budget to seek replenishments for any funds 
     reprogrammed from these accounts.
       Global Fund.--The conference agreement also includes 
     $100,000,000 for an additional United States contribution to 
     the Global Fund to Fight AIDS, Tuberculosis and Malaria, as 
     proposed by the House. The Senate had proposed $50,000,000.


                         DEVELOPMENT ASSISTANCE

       The conference agreement includes no funding for 
     Development Assistance, which is $38,000,000 below the 
     request. Funding for Kenya is provided under the ``Economic 
     Support Fund'' heading.
       Sri Lanka.--The conferees direct the Secretary of State to 
     submit a report to the Committees on Appropriations not later 
     than 45 days after enactment of this Act detailing incidents 
     during the conflict in Sri Lanka that may constitute 
     violations of international humanitarian law or crimes 
     against humanity, and, to the extent practicable, identifying 
     the parties responsible.


                   INTERNATIONAL DISASTER ASSISTANCE

       The conference agreement includes $270,000,000 for 
     International Disaster Assistance, which is $40,000,000 above 
     the revised request, of which not less than $55,000,000 is 
     intended to meet the growing needs of internally displaced 
     persons in Pakistan. The balance of funds is available to 
     meet basic needs of internally displaced persons in Africa, 
     the Middle East, and South and Central Asia, and to respond 
     to other humanitarian crises.
       The conferees urge USAID and the Department of State to 
     ensure the provision of humanitarian assistance to those 
     displaced in Sri Lanka. In addition, the conferees encourage 
     the Secretary of State and the USAID Administrator to 
     support, through other relevant assistance accounts, programs 
     that increase and integrate the participation of Tamils in 
     Sri Lankan society and foster reconciliation between ethnic 
     Tamil and Sinhalese communities.


                         ECONOMIC SUPPORT FUND

       The conference agreement includes $2,973,601,000 for 
     Economic Support Fund, which is $30,899,000 above the revised 
     request. Funds made available under the heading are to be 
     allocated according to the following table and are subject to 
     the terms and conditions of section 1103 (a) and (b) 
     concerning allocations and notifications:

                                              ECONOMIC SUPPORT FUND
                                   [Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
        Country/program and activity              Request           House            Senate         Conference
----------------------------------------------------------------------------------------------------------------
                  Countries
 
Afghanistan:
    Afghan Civilian Assistance Program......               0   ...............          11,000           12,000
    Afghan Reconstruction Trust Fund........          85,000   ...............         115,000          115,000
    National Solidarity Program (non-add)...         [20,000]         [70,000]         [70,000]         [70,000]
    Agriculture.............................          85,000   ...............         100,000          100,000
    Alternative Development.................          55,000   ...............          65,000           65,000
    Cross Border Development Program (non-                 0   ...............         [10,000]         [10,000]
     add)...................................
    Widows Assistance.......................               0   ...............           5,000            5,000
    Women NGOs..............................               0   ...............          30,000           30,000
    Capacity Building (non-add).............               0   ...............          [5,000]          [5,000]
    Program Support (non-add)...............               0   ...............         [25,000]         [25,000]
        Subtotal, Allocated.................         225,000                0          326,000          327,000
Unallocated.................................         614,000          839,000          540,000          534,000
                                             -------------------------------------------------------------------
        Subtotal, Afghanistan...............         839,000          839,000          866,000          861,000
                                             ===================================================================
Pakistan:
    Democracy Programs......................  ...............  ...............          10,000           10,000
    Humanitarian Assistance/Protection for             8,000   ...............          50,000          125,000
     Vulnerable Populations.................
    Baluchistan and East Indus River          ...............  ...............           5,000            5,000
     Development Programs...................
    Cross Border Development Program (non-    ...............  ...............         [10,000]         [10,000]
     add)...................................
        Subtotal, Allocated Pakistan........           8,000                0           65,000          140,000
Unallocated.................................         551,500          529,500   ...............         399,000
                                             -------------------------------------------------------------------
        Subtotal, Pakistan..................         559,500          529,500          439,000          539,000
                                             ===================================================================
Iraq:
    Community Action Program (CAP)..........          35,000   ...............          50,000           50,000
    Democracy and Civil Society.............         112,000   ...............         118,000          118,000
    USIP (non-add)..........................  ...............          [7,000]  ...............          [7,000]
    Iraq Cultural Antiquities...............               0   ...............           2,000            2,000
    Marla Fund..............................           3,500   ...............          10,000           10,000
    Targeted Stability Programs.............               0   ...............          20,000           15,000
    Widows Assistance.......................           5,000   ...............           5,000            5,000
        Subtotal, Allocated.................         155,500                0          205,000          200,000
Unallocated.................................         293,500          442,000          234,000          239,000
                                             -------------------------------------------------------------------
        Subtotal, Iraq......................         449,000          449,000          439,000          439,000
                                             ===================================================================
West Bank and Gaza..........................         556,000          556,000          556,000          551,000
                                             -------------------------------------------------------------------
    Subtotal, West Bank and Gaza............         556,000          556,000          556,000          551,000
                                             ===================================================================
Other Countries
 
Burma.......................................          13,000           13,000           13,000           13,000
Democratic Republic of the Congo............               0                0           10,000           10,000
Egypt.......................................               0           50,000                0           50,000
Jordan......................................               0          100,000          150,000          150,000
Kenya.......................................               0           18,000                0           35,000
North Korea.................................          95,000                0                0                0
Somalia.....................................               0           10,000           10,000           10,000

[[Page H6736]]

 
Sudan.......................................               0           15,000                0           10,000
Yemen.......................................               0                0           15,000           10,000
Zimbabwe....................................          45,000           28,000           45,000           40,000
                                             -------------------------------------------------------------------
    Subtotal, Other Countries...............         153,000          234,000          243,000          328,000
                                             ===================================================================
Program
 
Assistance to Developing Countries Affected          448,000          300,000          285,000          255,601
 by the Global Financial Crisis.............
                                             -------------------------------------------------------------------
    Subtotal, Program.......................         448,000          300,000          285,000          255,601
                                             ===================================================================
        Total--ESF..........................       3,004,500        2,907,500        2,828,000        2,973,601
----------------------------------------------------------------------------------------------------------------

     Africa
       Democratic Republic of the Congo (DRC).--The conference 
     agreement includes $10,000,000 for programs and activities to 
     assist victims of gender-based violence in the DRC.
       Somalia.--The conference agreement includes $10,000,000 to 
     support programs to provide employment opportunities for 
     youth and to support capacity building of governmental 
     institutions and civil society organizations to promote good 
     governance.
     East Asia and Pacific
       Burma.--The conference agreement includes $13,000,000 for 
     assistance for Burma, of which $10,000,000 is for continuing 
     humanitarian assistance to Cyclone Nargis-affected areas 
     inside Burma and $3,000,000 is for humanitarian assistance 
     for refugees, migrants in Thailand, and internally displaced 
     persons. The conferees direct the Department of State and 
     USAID to ensure that no assistance flows to or through the 
     Burmese government, its bureaucracy, or regime-affiliated 
     organizations, such as government-organized NGOs.
       The conferees direct the Comptroller General of the United 
     States to conduct an assessment of the assistance provided by 
     the United States in response to Cyclone Nargis in Burma, as 
     proposed by the Senate, as well as an assessment of the 
     methods of delivery, effectiveness, and accountability of 
     humanitarian and development assistance for Burma from other 
     donors.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations not later than 30 
     days after enactment of this Act that details the findings 
     and recommendations of the Department of State's review of 
     United States policy toward Burma.
     Near East
       Iraq.--The conference agreement includes $439,000,000 for 
     assistance for Iraq. The conferees direct the Department of 
     State and USAID to clarify to the Committees on 
     Appropriations the funding streams for democracy and 
     governance program implementers in the fiscal year 2010 
     budget request.
       The conference agreement includes $2,000,000 for the 
     preservation of Iraqi cultural antiquities to be administered 
     by the Ambassador's Fund for Cultural Preservation, and 
     directs the Department of State to consult with the 
     Committees on Appropriations prior to the obligation of funds 
     for these activities.
       The conferees are concerned about the treatment of women in 
     Iraq, and urge the Department of State and USAID to continue 
     efforts to encourage the incorporation of women in 
     stabilizing Iraq and creating its government institutions. 
     The conferees are also concerned about the plight of women 
     and religious minorities, including Iraqi Christians, amongst 
     displaced and refugee populations and urges that programs of 
     support for displaced and refugee populations take into 
     account the needs of these minority groups.
       Jordan.--The conference agreement includes $150,000,000 for 
     assistance for Jordan to help mitigate the impact of the 
     global economic crisis including for health, education, water 
     and sanitation, and other impacts resulting from refugee 
     populations in Jordan.
       West Bank and Gaza.--The conference agreement includes not 
     more than $551,000,000 for economic and humanitarian 
     assistance for the West Bank and Gaza, which is $5,000,000 
     below the request. The conferees note that $5,000,000 for 
     USAID admininstrative expenses are included under the heading 
     ``Operating Expenses''. Of the amount provided, up to 
     $200,000,000 is available for cash transfer assistance to the 
     Palestinian Authority in the West Bank. The conferees 
     continue the prohibition on salaries for personnel of the 
     Palestinian Authority located in Gaza. The conferees continue 
     all terms and conditions of division H of Public Law 111-8 
     with respect to assistance for the West Bank and Gaza.
       Yemen.--The conference agreement includes $10,000,000 for 
     assistance for Yemen to support education and other programs 
     and activities administered by USAID, consistent with the 
     Tribal Engagement Plan.
     South and Central Asia
       Afghanistan.--The conference agreement includes 
     $861,000,000 for Afghanistan, and provides that not less than 
     $150,000,000 appropriated in fiscal year 2009 for assistance 
     for Afghanistan under the headings ``Economic Support Fund'' 
     and ``International Narcotics Control and Law Enforcement'' 
     shall be made available to support programs that directly 
     address the needs of Afghan women and girls. The conferees 
     direct USAID and the Special Envoy for Afghanistan and 
     Pakistan to consult with the Department of State's 
     Ambassador-at-Large for Global Women's Issues concerning the 
     use of these funds. The conferees direct USAID to increase 
     its support for Afghan women's organizations that address the 
     needs and rights of Afghan women and girls. The conference 
     agreement provides not less than $5,000,000 for capacity 
     building for Afghan women-led nongovernmental organizations, 
     and not less than $25,000,000 to support programs and 
     activities of such organizations, including to provide legal 
     assistance and training for Afghan women and girls about 
     their rights, and to promote women's health (including mental 
     health), education, and leadership.
       The conferees also direct that not less than $70,000,000 
     shall be made available for the National Solidarity Program 
     in Afghanistan.
       Pakistan.--The conference agreement includes $539,000,000 
     for assistance for Pakistan. The conferees recognize that 
     funds may be considered for direct budget support for the 
     Government of Pakistan, and direct that a bilateral agreement 
     be in place prior to the provision of any direct budget 
     support. Such an agreement should be structured to provide 
     maximum accountability and oversight, and should contain 
     conditions for disbursements of funds and detailed monitoring 
     and reporting requirements. Funds should be deposited in a 
     separate, traceable account and be allocated toward 
     operations in specific sectors. The Secretary of State is 
     directed to consult with the Committees on Appropriations 
     prior to the provision of any budget support, including on 
     the amounts, uses and oversight of such funds as well as on 
     the bilateral agreement.
       The conferees intend that the majority of the $399,000,000 
     in unallocated assistance for Pakistan be used to support 
     programs in the Federally Administered Tribal Areas and the 
     North-West Frontier Province to counter the influence of 
     violent extremists through local initiatives, including 
     infrastructure, health, education, governance, rule of law, 
     and employment opportunities. USAID's Office of Transition 
     Initiatives should be utilized to the maximum extent 
     practicable in implementing such programs.
       The conferees direct the USAID Administrator to consult 
     with the Committees on Appropriations on the use of up to 
     $5,000,000 to establish and implement a program in Pakistan 
     modeled on the Afghan Civilian Assistance Program, to assist 
     families and communities that suffer losses as a result of 
     the military operations.
       The conferees also direct the Secretary of State to submit 
     a report not later than 180 days after enactment of this Act 
     detailing a multi-year strategy to promote democracy and good 
     governance in Pakistan, including funding requirements to 
     implement such a strategy.
       Cross Border Programs.--The conferees recommend up to 
     $20,000,000 from within the amounts provided for Afghanistan 
     and Pakistan for a new cross border stabilization and 
     development program between Afghanistan and Pakistan or 
     between either country and the Central Asian republics to 
     strengthen governance and the rule of law, enhance access to 
     media, support small-scale energy development, create 
     educational and employment opportunities particularly for 
     Afghan and Pakistani youth, and promote regional cooperation, 
     stability, and security. The Special Representative for 
     Afghanistan and Pakistan at the Department of State shall 
     administer these funds, in consultation with USAID and the 
     Department of Defense.
     Other
       Global Financial Crisis.--The conference agreement includes 
     $255,601,000 for assistance for vulnerable populations in 
     developing countries affected by the global financial crisis. 
     The Department of State and USAID are directed to report to 
     the Committees on Appropriations not later than 45 days after 
     enactment of this Act and prior to the obligation of funds on 
     implementation of this program, including on the transfer of 
     funds to the Overseas Private Investment Corporation and to 
     the Development Credit Authority. The report should include 
     detailed information on the programming of funds and the 
     results of a review, and reprogramming, if appropriate, of 
     existing USAID programs in targeted countries.

[[Page H6737]]

       In addition, the conferees direct that funding provided to 
     the Millennium Challenge Corporation (MCC) in prior acts may 
     be reprogrammed to mitigate the impact of the global 
     financial crisis in MCC compact or threshold countries.


            assistance for europe, eurasia and central asia

       The conference agreement includes $272,000,000 for 
     Assistance for Europe, Eurasia and Central Asia, of which 
     $242,000,000 is for assistance for Georgia, and $30,000,000 
     is for assistance for the Kyrgyz Republic to improve air 
     traffic control and safety, as proposed by the Senate, which 
     is $29,500,000 above the request. The conference agreement 
     includes permissive authority to expand the availability of 
     funds to other Eurasian countries allowing flexibility to the 
     Department of State to address unanticipated events.

                          Department of State


          international narcotics control and law enforcement

       The conference agreement includes $487,500,000 for 
     International Narcotics Control and Law Enforcement, which is 
     $98,000,000 above the request. Funds made available under the 
     heading are to be allocated according to the following table 
     and are subject to the terms and conditions of section 1103 
     (a) and (b) concerning allocations and notifications:

                               INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
                                   [Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                        Country/Activity                            Request      House      Senate    Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan:
    Good Performers Initiative..................................      23,000      23,000      20,000      23,000
    Combating Violence Against Women and Girls..................  ..........  ..........      10,000      10,000
    Unallocated.................................................  ..........     106,000     103,000     100,000
                                                                 -----------------------------------------------
        Subtotal, Afghanistan...................................     129,000     129,000     133,000     133,000
                                                                 ===============================================
Iraq............................................................      20,000      20,000      20,000      20,000
Mexico..........................................................      66,000     160,000      66,000     160,000
Pakistan........................................................      65,500      65,500      65,500      65,500
West Bank and Gaza..............................................     109,000     109,000     109,000     109,000
                                                                 -----------------------------------------------
        Total--INCLE............................................     389,500     483,500     393,500     487,500
----------------------------------------------------------------------------------------------------------------

       Afghanistan.--The conferees remain concerned with 
     continuing reports of violence against women and girls in 
     Afghanistan, who lack adequate protection by the police or 
     recourse from the Afghan judicial system. The conference 
     agreement provides not less than $10,000,000 to train and 
     support Afghan women investigators, police officers, 
     prosecutors and judges with specific responsibility for 
     investigating, prosecuting, and punishing crimes of violence 
     against women and girls.
       The conferees intend that the Secretary of State and the 
     USAID Administrator, in cooperation with the Secretary of 
     Defense, will ensure that civilian personnel assigned to 
     serve in Afghanistan receive civilian-military coordination 
     training that focuses on counterinsurgency and stability 
     operations. The conferees direct the Secretary of State to 
     submit a report to the Committees on Appropriations not later 
     than 90 days after enactment of this Act, detailing how such 
     training addresses current and future civilian-military 
     coordination requirements.
       Mexico.--The conference agreement includes $160,000,000 for 
     assistance for Mexico, and requires the Department of State 
     to submit to the Committees on Appropriations a spending plan 
     for such funds not later than 45 days after enactment of this 
     Act.
       The conference agreement provides that none of the funds 
     appropriated in this title shall be used for the cost of fuel 
     for aircraft purchased with funds provided in this title for 
     Mexico, or to support the operations and maintenance costs of 
     aircraft purchased by the Government of Mexico.
       The conferees direct the Secretary of State to submit a 
     report to the Committees on Appropriations not later than 45 
     days after enactment of this Act detailing actions taken by 
     the Government of Mexico since June 30, 2008, to investigate, 
     prosecute, and punish violations of internationally 
     recognized human rights by members of the Mexican Federal 
     police and military forces, and to support a thorough, 
     independent, and credible investigation of the murder of 
     American citizen Bradley Roland Will.
       Palestinian Security Forces.--The conferees support 
     continued funding for the training of Palestinian Security 
     Forces, and direct the Secretary of State to submit a report 
     to the Committees on Appropriations not later than 90 days 
     after enactment of this Act, in classified form if necessary, 
     on the use of assistance provided by the United States for 
     the training of Palestinian security forces, including the 
     training, curriculum, and equipment provided, an assessment 
     of the effectiveness of the training and the performance of 
     forces after training is completed, and an assessment of 
     factors that limit the operational capabilities of forces 
     trained.


    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

       The conference agreement includes $102,000,000 for 
     Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs, which is $20,000,000 below the request. Within the 
     total, $77,000,000 is provided for the Nonproliferation and 
     Disarmament Fund for nuclear dismantlement and related 
     activities, as well as for border security equipment, 
     training, and program management to prevent smuggling of 
     illicit goods into Gaza.
       The conference agreement includes a provision that the 
     Secretary of State shall work assiduously to facilitate the 
     regular flow of people and licit goods in and out of Gaza at 
     established border crossings. The conferees direct the 
     Secretary of State to submit a report to the Committees on 
     Appropriations not later than 45 days after enactment of this 
     Act, and every 90 days thereafter until September 30, 2010, 
     detailing progress in this effort.


                    MIGRATION AND REFUGEE ASSISTANCE

       The conference agreement includes $390,000,000 for 
     Migration and Refugee Assistance, which is $57,000,000 above 
     the revised request to respond to urgent humanitarian 
     requirements for refugees and internally displaced persons 
     (IDPs) in the Middle East, South and Central Asia, including 
     Pakistan and Sri Lanka, Southeast Asia, Africa, Colombia and 
     other refugees and IDPs around the world.
       United Nations Relief and Works Agency (UNRWA).--The 
     conference agreement provides up to $119,000,000 for UNRWA 
     for activities in the West Bank and Gaza. The Secretary of 
     State is to submit a report to the Committees on 
     Appropriations not later than 45 days after enactment of this 
     Act, on whether UNRWA is: (1) utilizing Operations Support 
     Officers in the West Bank and Gaza to inspect UNRWA 
     installations and report any inappropriate use; (2) acting 
     promptly to deal with any 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 compliance with the conditions of section 301(c) 
     of the Foreign Assistance Act of 1961; (4) continuing regular 
     reporting 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 
     currently in use in UNRWA-administered schools; (6) using 
     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 related entities in violation 
     of relevant United States law and is enhancing its 
     transparency and financial due diligence and working to 
     diversify 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's recommendations.

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President


                        PEACEKEEPING OPERATIONS

       The conference agreement includes $185,000,000 for 
     Peacekeeping Operations (PKO), which is $135,000,000 above 
     the request. The conferees do not include the transfer 
     authority to allow funds to be shifted between accounts, as 
     proposed by the Senate.
       Democratic Republic of the Congo (DRC).--The conference 
     agreement includes $15,000,000 for the DRC, which is 
     $5,000,000 above the request, for training costs and 
     procurement of equipment to support a professional rapid 
     reaction force, as proposed by the Senate. The conferees 
     direct that any training of a rapid reaction force provided 
     with the use of PKO funding from this or prior acts, shall 
     ensure that all members and units be trained in the 
     fundamental principles of respect for human rights and 
     protection of civilians with a focus on the prevention of 
     rape and other sexual abuse.
       Multinational Force and Observer Mission (MFO).--The 
     conference agreement provides $2,000,000 for the MFO in the 
     Sinai for activities that facilitate communications between 
     the parties to the Treaty of Peace.
       Somalia.--The conference agreement provides $168,000,000 
     for assistance for Somalia,

[[Page H6738]]

     of which $115,900,000 may be used to pay assessed expenses of 
     international peacekeeping activities in Somalia and 
     $52,100,000 may be used for security sector reform.
       The conferees are concerned with the recent surge of piracy 
     off the coast of the Horn of Africa and direct the Secretary 
     of State to submit a report to the Committees on 
     Appropriations, not later than 90 days after enactment of 
     this Act, on the feasibility of creating an indigenous 
     maritime capability in Somalia to combat piracy.


             INTERNATIONAL MILITARY EDUCATION AND TRAINING

       The conference agreement includes $2,000,000 for 
     International Military Education and Training, which is the 
     same as the request, for education and training of Iraqi 
     Security Forces.


                   FOREIGN MILITARY FINANCING PROGRAM

       The conference agreement includes $1,294,000,000 for 
     Foreign Military Financing Program (FMF), which is 
     $1,195,600,000 above the request.
       Mexico.--The conference agreement includes $260,000,000 to 
     expand aviation support for the Mexican Navy, and includes 
     language to ensure the expeditious delivery of such 
     equipment.
       Lebanon.--The conference agreement includes $69,000,000 for 
     assistance for Lebanon. The conferees direct that no 
     assistance may be made available for obligation until the 
     Secretary of State reports to the Committees on 
     Appropriations on the vetting procedures in place to 
     determine eligibility to participate in United States 
     training and assistance programs funded under this account.
       The conferees direct the Secretary of State to report on 
     the procedures in place to ensure that no funds are provided 
     to any individuals or organizations that have any known links 
     to terrorist organizations including Hezbollah, and 
     mechanisms to monitor the use of the funds.
       The conferees direct that the Department of State consult 
     with the Committees on Appropriations prior to the obligation 
     of funds provided for assistance for Lebanon in this title.
       Security Assistance to Near East Countries.--The conference 
     agreement includes funding for a portion of the fiscal year 
     2010 budget request for security assistance for Jordan, 
     Egypt, and Israel, the amounts of which are not in addition 
     to the funds requested for fiscal year 2010.
       Jordan.--The conference agreement provides $150,000,000 for 
     assistance for Jordan, as proposed by the House. The fiscal 
     year 2010 budget request, based upon a Memorandum of 
     Understanding between the United States and Jordan, totals 
     $300,000,000.
       Egypt.--The conference agreement provides $260,000,000 for 
     FMF grants for Egypt, which shall be transferred to an 
     interest bearing account for Egypt in the Federal Reserve 
     Bank of New York not later than October 30, 2009, similar to 
     that proposed by the House. The fiscal year 2010 budget 
     request totals $1,300,000,000.
       Israel.--The conference agreement provides $555,000,000 for 
     FMF grants for Israel, which shall be available not later 
     than October 30, 2009, similar to that proposed by the House. 
     The fiscal year 2010 budget request, based upon a Memorandum 
     of Understanding between the United States and Israel, totals 
     $2,775,000,000. The conference agreement provides that to the 
     extent that the Government of Israel requests that FMF grant 
     funds for Israel be used for such purposes, and as agreed by 
     the United States and Israel, funds may be made available for 
     advanced weapons systems, of which $145,965,000 shall be 
     available for the procurement in Israel of defense articles 
     and services, including research and development.


               PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

                     (INCLUDING TRANSFER OF FUNDS)

       The conference agreement includes $700,000,000 for a new 
     Pakistan Counterinsurgency Capability Fund (PCCF) under the 
     Department of State, which becomes available on September 30, 
     2009 and remains available through fiscal year 2011. The 
     conferees support the Administration's efforts to increase 
     the counterinsurgency capability of the Pakistani security 
     forces to help Pakistan defeat the extremist networks that 
     are operating within its territory. As the Secretary of State 
     is the principal adviser to the President on foreign policy 
     matters, the conferees believe the PCCF should be under the 
     authority of the Department of State. The conferees believe 
     that the Department of State possesses the institutional 
     capacity to manage this account, working in close 
     coordination with the Department of Defense. The conferees 
     also provide funding for the PCCF for fiscal year 2009 to the 
     Department of Defense and direct the Secretary of State and 
     the Secretary of Defense to jointly develop a plan for 
     transitioning the PCCF from the Department of Defense to the 
     Department of State for fiscal year 2010. The conferees 
     expect the Department of State to consult closely on the uses 
     of the PCCF to ensure that the funds are obligated and 
     expended in a timely manner, and sufficient oversight 
     mechanisms exist.

                     GENERAL PROVISIONS, THIS TITLE

       The conference agreement includes the following general 
     provisions for this title:


                        EXTENSION OF AUTHORITIES

       The conference agreement extends certain authorities 
     necessary to expend Department of State and foreign 
     assistance funds.


                              AFGHANISTAN

       The conference agreement imposes certain conditions and 
     limitations on assistance for Afghanistan, including 
     assistance for Afghan women and girls, contracts and grants, 
     acquisition of land, United Nations Development Program 
     (UNDP), the National Solidarity Program, airwing 
     implementation, and anti-corruption. The conferees are aware 
     of the efforts by UNDP and USAID to resolve concerns related 
     to program implementation and these efforts should continue.


                              ALLOCATIONS

       The conference agreement requires that funds in the 
     specified accounts shall be allocated as indicated in the 
     respective tables in this joint statement, as proposed by the 
     Senate and similar to that proposed by the House. Any change 
     to these allocations shall be subject to the regular 
     notification procedures of the Committees on Appropriations.


               SPENDING PLAN AND NOTIFICATION PROCEDURES

       The conference agreement requires the Secretary of State to 
     provide detailed spending plans to the Committees on 
     Appropriations on the uses of funds appropriated in this 
     title, similar to that proposed by the House and Senate. 
     These funds are also subject to the regular notification 
     procedures of the Committees on Appropriations.


                        GLOBAL FINANCIAL CRISIS

       The conference agreement provides for assistance for 
     countries severely affected by the global financial crisis, 
     requires the Secretary of State to submit a report prior to 
     making assistance available, and provides authority to 
     transfer funds to the Development Credit Authority and the 
     Overseas Private Investment Corporation. The provision 
     includes reprogramming authority to the MCC.


                                  IRAQ

       The conference agreement provides certain conditions and 
     limitations relating to assistance for Iraq, including 
     matching funds, as proposed by the Senate.


                   PROHIBITION ON ASSISTANCE TO HAMAS

       The conference agreement prohibits assistance to Hamas or 
     any entity effectively controlled by Hamas, and further 
     prohibits assistance to any power-sharing government of which 
     Hamas is a member unless such government, including all of 
     its ministers or such equivalent, has met certain conditions. 
     The conferees believe that a public acceptance should be an 
     acceptance in writing by such government and its ministers, 
     as proposed by the House and Senate.


                          TERMS AND CONDITIONS

       The conference agreement stipulates that unless designated 
     otherwise in this title, the terms and conditions contained 
     in the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2009 (division H of Public Law 
     111-8) shall apply to funds appropriated by this title, 
     except sections 7070(e) with respect to funds made available 
     for macroeconomic growth assistance for Zimbabwe, and 7042(a) 
     and (c), as proposed by the House and similar to that 
     proposed by the Senate.


             MULTILATERAL DEVELOPMENT BANKS REPLENISHMENTS

       The conference agreement amends permanent law to authorize 
     appropriations for the fifteenth replenishment of the 
     International Development Association and the eleventh 
     replenishment of the African Development Fund, including the 
     Multilateral Debt Relief Initiative, as proposed by the 
     Senate.


           PROMOTION OF POLICY GOALS AT THE WORLD BANK GROUP

       The conference agreement amends permanent law regarding the 
     World Bank's ``Doing Business Report'' and World Bank 
     policies relating to the Inspection Panel, as proposed by the 
     Senate.


        CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING

       The conference agreement amends permanent law regarding 
     World Bank policies relating to greenhouse gas accounting and 
     climate change mitigation, as proposed by the Senate.


                  MULTILATERAL DEVELOPMENT BANK REFORM

       The conference agreement requires the Secretary of the 
     Treasury to seek to ensure that the multilateral development 
     banks disclose their operating budgets, rigorously evaluate 
     their programs and financing, and endorse the Extractive 
     Industry Transparency Initiative. It also requires 
     coordination between the Secretary of the Treasury, Secretary 
     of State, USAID Administrator, and other relevant Federal 
     agencies, on United States policy relating to the development 
     activities of the World Bank Group, as proposed by the 
     Senate.


                 OVERSEAS COMPARABILITY PAY ADJUSTMENT

       The conference agreement authorizes locality pay 
     adjustments for fiscal year 2009 for members of the Foreign 
     Service stationed overseas comparable to that if such 
     member's official duty station were in the District of 
     Columbia, as proposed by the Senate.


                     REFUGEE PROGRAMS AND OVERSIGHT

       The conference agreement provides that up to $119,000,000 
     from funds appropriated under the ``Migration and Refugee 
     Assistance'' heading in this title may be made available 
     to UNRWA for the West Bank and Gaza and transfers 
     $1,000,000 of the funds made available under the 
     ``Economic Support Fund''

[[Page H6739]]

     heading to the Inspector General of the Department of 
     State for oversight of activities in the West Bank and 
     Gaza and surrounding region, similar to that proposed by 
     the House. The agreement includes the UNRWA report 
     requirement proposed by the House in modified form under 
     the ``Migration and Refugee Assistance'' heading in this 
     joint statement.


                     TECHNICAL AND OTHER PROVISIONS

       The conference agreement includes the following technical 
     and other provisions: subsection (a) of this provision 
     modifies a limitation in current law regarding assistance for 
     Egypt, similar to that proposed by the Senate; subsection (b) 
     applies the regular notification procedures to funds that are 
     transferred to the Department of State or USAID, similar to 
     that proposed by the Senate; subsection (c) authorizes USAID 
     to recruit retired Civil Service employees as re-employed 
     annuitants to serve in Iraq, Afghanistan, or Pakistan through 
     2010, similar to that proposed by the Senate; and subsection 
     (d) authorizes a financial incentive to employees who agree 
     to remain in these posts for an additional year through 2010, 
     similar to that proposed by the Senate; and subsection (e) 
     provides certain transfer authority, as proposed by the 
     Senate.


      AFGHANISTAN AND PAKISTAN COMMITMENT AND CAPABILITIES REPORT

       The conference agreement requires that the President report 
     to the Committees on Appropriations on whether the 
     Governments of Afghanistan and Pakistan are demonstrating the 
     necessary commitment, capability, conduct and unity of 
     purpose to warrant the continuation of the President's policy 
     announced on March 27, 2009, similar to that proposed by the 
     House.


        UNITED STATES POLICY REPORT ON AFGHANISTAN AND PAKISTAN

       The conference agreement requires a report on the 
     objectives of United States policy in Afghanistan and 
     Pakistan, metrics to assess progress in achieving the 
     objectives, an assessment of progress, and recommendations 
     for additional resources or authorities, if any, as proposed 
     by the Senate.
       The conference agreement does not include a provision 
     proposed in the request providing the availability of 
     assistance for Burma and Afghanistan notwithstanding any 
     other provision of law. The conference agreement includes 
     limited notwithstanding authority for Burma under the heading 
     ``Economic Support Fund'' and a limited notwithstanding 
     authority for Zimbabwe in section 1108. The conferees also 
     provide limited notwithstanding authority for Afghanistan. 
     The conference agreement does not include House sections 
     21006 (Somalia) and Senate sections 1103 (Burma), 1108 
     (Mexico), 1115 (Assistance for Pakistan), 1116 (Special 
     Authority), 1120 (Overseas Deployments), and 1122 (Additional 
     Amount for Assistance for Georgia).

                               TITLE XII

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                        PAYMENTS TO AIR CARRIERS

                    (AIRPORT AND AIRWAY TRUST FUND)

       The agreement provides $13,200,000 from the Airport and 
     Airway Trust Fund to remain available until expended to carry 
     out the essential air service program as proposed by the 
     Senate. The House did not include a similar provision.

                    Federal Aviation Administration


                       GRANTS-IN-AID FOR AIRPORTS

                    (AIRPORT AND AIRWAY TRUST FUND)

                              (RESCISSION)

       The agreement rescinds $13,200,000 in excess Grants-in-Aid 
     for Airports contract authority, as proposed by the Senate. 
     The House did not include a similar provision.

                     GENERAL PROVISIONS--THIS TITLE

       Section 1201 removes a limitation that prevents the State 
     of North Dakota from spending more than $10,000,000 of 
     highway funding from the emergency relief program in any 
     given year on the repair and strengthening of the roads 
     surrounding Devils Lake, as proposed by the Senate. The House 
     did not include a similar provision.
       Section 1202 allows transit agencies to use up to 10 
     percent of the formula grants provided in the American 
     Recovery and Reinvestment Act (ARRA) for operating expenses. 
     The conferees modified the original Senate language to 
     clarify that 10 percent of the funds provided in ARRA for 
     intercity bus service shall also be available to cover 
     operating expenses which is consistent with existing law. The 
     House did not include a similar provision.
       Section 1203 includes a provision proposed by the Senate 
     which replaces the $50,000,000 allocation provided in Public 
     Law 110-329 with an $80,000,000 allocation, and designates 
     this funding for tenant-based Section 8 funding for all areas 
     affected by Hurricanes Katrina and Rita. The House did not 
     include a similar provision.
       Section 1204 clarifies that eligible recipients for the 
     funds provided in ARRA for gap financing include owners of 
     affordable housing tax credits under section 1400N of the 
     Internal Revenue Code of 1986, known as ``disaster credits'' 
     or ``Go Zone'' credits, as well as owners of projects that 
     receive low income housing tax credits under section 42(h) of 
     the Internal Revenue Code of 1986, as proposed by the Senate. 
     The House did not include a similar provision.
       Section 1205 includes a new provision which clarifies 
     prevailing wage requirements for housing funds provided in 
     ARRA.

        TITLE XIII--CONSUMER ASSISTANCE TO RECYCLE AND SAVE ACT

       The conference agreement includes a new title providing $1 
     billion for vouchers of $3,500 or $4,500 to be applied toward 
     the purchase or lease of a new fuel efficient automobile or 
     truck from July 1-November 1, 2009. To qualify for a voucher 
     under this authority the vehicle turned in must be scrapped, 
     and the purchased vehicle must achieve greater fuel 
     efficiency than the vehicle to be turned in.

                        TITLE XIV--OTHER MATTERS

                   INTERNATIONAL ASSISTANCE PROGRAMS

                    INTERNATIONAL MONETARY PROGRAMS

            United States Quota, International Monetary Fund

       The conference agreement provides for an increase in the 
     United States quota in the International Monetary Fund (the 
     Fund), as requested, of approximately 5 billion in Special 
     Drawing Rights (SDRs), valued at approximately 
     $8,000,000,000, in order to maintain its current voting share 
     and veto power within the organization, as proposed by the 
     Senate.


                  loans to international monetary fund

       The conference agreement provides for loans to the Fund, as 
     requested, of the dollar equivalent of up to 75 billion SDRs. 
     This will enable the United States to increase its share of 
     the New Arrangements to Borrow, which establishes a set of 
     credit lines extended to the Fund, from approximately 
     $10,000,000,000 (6.6 billion SDRs) to the equivalent of 
     $100,000,000,000, as proposed by the Senate.

         GENERAL PROVISIONS--INTERNATIONAL ASSISTANCE PROGRAMS

       SEC. 1401. The conference agreement includes a provision, 
     as requested, authorizing the Secretary of the Treasury to 
     instruct the United States Executive Director of the Fund to 
     consent to amendments to the New Arrangements to Borrow and 
     to make loans, in an amount not to exceed the dollar 
     equivalent of 75 billion SDRs, in addition to amounts 
     previously authorized, as proposed by the Senate.
       SEC. 1402. The conference agreement includes a provision, 
     as requested, authorizing the United States Governor of the 
     Fund to agree to and accept amendments to the Articles of 
     Agreement of the Fund as proposed in resolutions approved by 
     the Fund's Board on April 28, 2008 and May 5, 2008. The 
     provision further authorizes the United States Governor of 
     the Fund, as requested, to consent to an increase in the 
     United States quota in the Fund equivalent to 43,973,100,000 
     SDRs. The provision also authorizes the Secretary of the 
     Treasury, as requested, to instruct the United States 
     Executive Director of the Fund to agree to the sale of 
     12,965,649 ounces of the Fund's gold. Since the Fund relies 
     primarily on income from lending operations to finance 
     lending activities and expenses, the sale of gold will 
     finance an endowment, the return on which will finance a 
     portion of its administrative expenses. The conferees direct 
     the Secretary of Treasury to seek to ensure that the Fund 
     provides support to low-income countries by making available 
     Fund resources of not less than $4,000,000,000 and that such 
     resources should be provided as loans with substantial 
     concessionality and debt service payment relief and/or 
     grants, as proposed by the Senate.
       SEC. 1403. The conference agreement requires the Secretary 
     of the Treasury, in consultation with the United States 
     Executive Director of the World Bank and the Executive Board 
     of the Fund, to submit a report detailing the steps taken to 
     coordinate the activities of the World Bank and the Fund to 
     avoid the duplication of missions, and steps taken by the 
     Department of the Treasury and the Fund to increase the 
     oversight and accountability of Fund activities. The 
     conference agreement requires the United States Executive 
     Director of the Fund to use the voice and vote of the United 
     States to oppose any loan, project, agreement, or other 
     activity that imposes budget constraints, and to promote 
     social spending in the country. All provisions were proposed 
     by the Senate.
       SEC. 1404. The conference agreement includes a provision 
     that amends the International Financial Institutions Act to 
     require the United States Executive Director at each of the 
     International Financial Institutions (as defined in section 
     1701(c)(2) of this Act) to use the voice and vote of the 
     United States to oppose the provision of loans or other use 
     of the funds of the respective institution to any country the 
     government of which as repeatedly provided support for acts 
     of international terrorism.

                      GENERAL PROVISIONS--THIS ACT


                         availability of funds

       Sec. 14101. The conference agreement includes a provision 
     proposed by both the House and Senate that limits the 
     availability of funds provided in this Act.


            overseas deployments and emergency designations

       Sec. 14102. The conference agreement includes a global 
     designation, as proposed by the House, providing that each 
     amount in titles I, II, IV, V, VII, VIII, IX, XII, XIII, XIV, 
     and VI, except amounts under the heading ``Coast Guard 
     Operating Expenses'', is designated as necessary to meet 
     emergency needs pursuant to sections 403(a) and 423(b) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal

[[Page H6740]]

     year 2010. The agreement also includes a global designation, 
     as proposed by the House, providing that all other amounts in 
     the bill, except certain amounts rescinded in section 309 of 
     the conference report, are designated as being for overseas 
     deployment and other activities pursuant to sections 
     401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress). The 
     Senate included emergency and overseas deployment 
     designations on an account-by-account basis.


  restrictions and requirements regarding the transfer and release of 
                        Guantanamo bay detainees

       Sec. 14103. The conference agreement includes language 
     prohibiting current detainees from being released in the 
     continental United States, Alaska, Hawaii or D.C. The 
     agreement also prohibits current detainees from being 
     transferred to the U.S., except to be prosecuted, and only 45 
     days after Congress receives a plan detailing the risks 
     involved and a plan for mitigating such risk; cost of the 
     transfer; legal rationale and court demands; and a copy of 
     the notification provided to the Governor of the receiving 
     state (or the Mayor of the District of Columbia) 14 days 
     before a transfer with a certification by the Attorney 
     General that the individual poses little or no security risk.
       Under the conference agreement, current detainees cannot be 
     transferred or released to another country unless the 
     President submits to Congress 15 days prior to such transfer: 
     (a) the name of the individual and the country to which the 
     individual will be transferred; (b) an assessment of risks 
     posed and actions taken to mitigate such risks; and (c) the 
     terms of the transfer agreement with the other country, 
     including any financial assistance. Finally, the agreement 
     includes language requiring the President to submit a report 
     to Congress describing the disposition of each current 
     detainee before the facility can be closed.
       The conference agreement deletes the language included in 
     title II of the Senate amendment that prohibited the use of 
     funds appropriated or made available by this or any prior Act 
     to transfer, release or incarcerate Guantanamo detainees to 
     or within the U.S.
       The conference agreement also deletes a provision proposed 
     by the House that required the President to submit to 
     Congress by October 1, 2009 a comprehensive plan on the 
     proposed disposition of the Guantanamo Bay detention 
     facilities.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 2009 recommended by the Committee of Conference, 
     comparisons to the 2009 budget estimates, and the House and 
     Senate bills for 2009 follow:

                       [In thousands of dollars]

Budget estimates of new (obligational) authority, fiscal year92,145,120
House bill, fiscal year 2009.................................96,716,971
Senate bill, fiscal year 2009................................91,283,119
Conference agreement, fiscal year 2009......................105,850,549
Conference agreement compared with:
    Budget estimates of new (obligational) authority, fiscal+13,705,429
    House bill, fiscal year 2009.............................+9,133,578
    Senate bill, fiscal year 2009...........................+14,567,430

                 NOTIFICATION OF EMERGENCY LEGISLATION

       The congressional budget resolution (S. Con. Res. 13) 
     agreed to by Congress for fiscal year 2010 includes 
     provisions relating to the notification of emergency 
     spending. These provisions require a statement of how the 
     emergency provisions contained in the conference agreement 
     meet the criteria for emergency spending as identified in the 
     budget resolution.
       The conference agreement contains emergency funding for 
     fiscal year 2009 primarily for natural disasters and the 
     threat of pandemic influenza. Funding for natural disasters 
     includes, but is not limited to, wildland fires, flooding in 
     the Upper Midwest and Pacific Northwest, for ice storms, for 
     Katrina hurricane recovery and subsequent storms, including 
     Hurricanes Ike and Gustav in the gulf coast region, and for 
     other needs. The funding is related to unanticipated needs 
     and is for situations that are sudden, urgent, and 
     unforeseen, specifically prevention of pandemic influenza and 
     other disasters. These needs meet the criteria for 
     emergencies.

   DISCLOSURE OF CONGRESSIONAL EARMARKS AND CONGRESSIONALLY DIRECTED 
                             SPENDING ITEMS

       Following is a list of congressional earmarks and 
     congressionally directed spending items (as defined in clause 
     9 of rule XXI of the Rules of the House of Representatives 
     and rule XLIV of the Standing Rules of the Senate, 
     respectively) included in the conference report or the 
     accompanying joint statement of managers, along with the name 
     of each House Member, Delegate, Resident Commissioner, or 
     Senator who submitted a request to the Committee of 
     jurisdiction for each item so identified. Neither the 
     conference report nor the joint statement of managers 
     contains any limited tax benefits or limited tariff benefits 
     as defined in the applicable House or Senate rules.

                 TITLE IV--ENERGY AND WATER DEVELOPMENT
                [Congressionally Directed Spending Items]
------------------------------------------------------------------------
  Account        Project          Amount             Requester(s)
------------------------------------------------------------------------
Flood       Mississippi        $439,000,000  Cochran, Wicker
 Control     Barrier Island
 and         Restoration
 Coastal
 Emergenci
 es
------------------------------------------------------------------------
General     Upper Newport                    Feinstein
 Provision   Bay, California
------------------------------------------------------------------------


                                                   TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
                                                        [Congressionally Directed Spending Items]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Account                                             Project                              Amount                Requester(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision                           Amendment to Federal Deposit Insurance Act--Interest rate                 Lincoln
                                             ceilings
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                               TITLE VI--HOMELAND SECURITY
                                                        [Congressionally Directed Spending Items]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Account                                             Project                              Amount                Requester(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision                           Jones Act Waiver--Drydock ALABAMA, AL                                     Bonner, Shelby
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision                           Jones Act Waiver--Vessel MARYLAND INDEPENDENCE, MD                        Ruppersberger
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision                           Communications System, MS                                                 Cochran, Wicker
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision                           Hurricanes Katrina/Rita--Case Management, MS                              Cochran
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision                           Hurricanes Katrina/Rita--Primary and Secondary School                     Landrieu
                                             Repair Reimbursement, LA
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision                           Hurricane Ike--Disaster Assistance Direct Loans, TX                       Hutchison
--------------------------------------------------------------------------------------------------------------------------------------------------------
General Provision                           Reimbursements for Presidentially Declared Disasters--TX,                 Edwards (TX), Culberson,
                                             LA, KY, WV *                                                              Hutchison, Melancon, Alexander
                                                                                                                       (LA), Landrieu, Vitter, Rogers
                                                                                                                       (KY), Byrd
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                             TITLE X--MILITARY CONSTRUCTION
                                                        [Congressionally Directed Spending Items]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Account                                             Project                              Amount                Requester(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
Military Construction, Army-----------------Mississippi Army Ammunition Plant Hurricane Damage Repair----$49,000,000--Cochran, Taylor-------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Military Construction, Navy                 Vision Center of Excellence, Maryland                          4,052,000  Murray, Boozman, Nye, Walz
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page H6741]]


                                                TITLE XII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT
                                                        [Congressionally Directed Spending Items]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Account                                             Project                              Amount                Requester(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal-aid Highway Program, Emergency      Devils Lake Roads, North Dakota                                           Dorgan, Conrad
 Relief
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Item was neither committed to the conference committee by either House nor in a report of a committee of either House on either bill.

     David R. Obey,
     John P. Murtha,
     Nita M. Lowey,
     Rosa L. DeLauro,
     Chet Edwards,
                                Managers on the Part of the House.

     Daniel K. Inouye,
     Robert C. Byrd,
     Patrick J. Leahy,
     Tom Harkin,
     Barbara A. Mikulski,
     Herb Kohl,
     Patty Murray,
     Byron L. Dorgan,
     Dianne Feinstein,
     Richard J. Durbin,
     Tim Johnson,
     Mary L. Landrieu,
     Jack Reed,
     Frank R. Lautenberg,
     E. Benjamin Nelson,
     Mark Pryor,
     Jon Tester,
     Arlen Specter,
     Thad Cochran,
     Kit Bond,
     Mitch McConnell,
     Judd Gregg,
     Robert F. Bennett,
     Lamar Alexander,
     Susan Collins,
     George V. Voinovich,
     Lisa Murkowski,
     Managers on the Part of the Senate.

                          ____________________