[Congressional Record (Bound Edition), Volume 155 (2009), Part 10]
[Senate]
[Pages 12887-12907]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1130. Mr. DODD proposed an amendment to amendment SA 1058 proposed 
by Mr. Dodd (for himself and Mr. Shelby) to the bill H.R. 627, to amend 
the Truth in Lending Act to establish fair and transparent practices 
relating to the extension of credit under an open end consumer credit 
plan, and for other purposes; as follows:

       On page 3, beginning on line 17, strike ``(other than'' and 
     all that follows through ``indexed)'' on line 21 and insert 
     the following: ``(except in the case of an increase described 
     in paragraph (1), (2), or (3) of section 171(b))''.
       On page 6, strike lines 9 through 12 and insert the 
     following:
       (2) an increase in a variable annual percentage rate in 
     accordance with a credit card agreement that provides for 
     changes in the rate according to operation of an index that 
     is not under the control of the creditor and is available to 
     the general public;
       On page 6, line 13, insert ``the completion of a workout or 
     temporary hardship arrangement by the obligor or'' after 
     ``due to''.
       On page 6, line 15, strike ``provided that the'' and insert 
     the following: ``provided that--
       ``(A) the''.
       On page 6, line 20, strike ``; or'' and insert the 
     following: ``; and
       (B) the creditor has provided the obligor, prior to the 
     commencement of such arrangement, with clear and conspicuous 
     disclosure of the terms of the arrangement (including any 
     increases due to such completion or failure); or
       On page 7, line 7, insert ``on time'' after ``payments''.
       On page 7, line 12, insert ``on time'' after ``payments''.
       On page 10, line 13, strike ``or (2)'' and insert ``, (2), 
     (3), or (4)''.
       On page 12, line 15, strike ``limit-fee'' and insert 
     ``limit fee''.
       On page 14, between lines 12 and 13, insert the following:
       (7) Restriction on fees charged for an over-the-limit 
     transaction.--With respect

[[Page 12888]]

     to a credit card account under an open end consumer credit 
     plan, an over-the-limit fee may be imposed only once during a 
     billing cycle if the credit limit on the account is exceeded, 
     and an over-the-limit fee, with respect to such excess 
     credit, may be imposed only once in each of the 2 subsequent 
     billing cycles, unless the consumer has obtained an 
     additional extension of credit in excess of such credit limit 
     during any such subsequent cycle or the consumer reduces the 
     outstanding balance below the credit limit as of the end of 
     such billing cycle.
       On page 15, line 10, strike ``over the limit'' and insert 
     ``over-the-limit''.
       On page 27, strike line 3 and all that follows through page 
     30, line 12 and insert the following:
       (c) Guidelines Required.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Board shall issue guidelines, by 
     rule, in consultation with the Secretary of the Treasury, for 
     the establishment and maintenance by creditors of a toll-free 
     telephone number for purposes of providing information about 
     accessing credit counseling and debt management services, as 
     required under section 127(b)(11)(B)(iv) of the Truth in 
     Lending Act, as added by this section.
       (2) Approved agencies.--Guidelines issued under this 
     subsection shall ensure that referrals provided by the toll-
     free number referred to in paragraph (1) include only those 
     nonprofit budget and credit counseling agencies approved by a 
     United States bankruptcy trustee pursuant to section 111(a) 
     of title 11, United States Code.
       At the end of title I, add the following:

     SEC. 109. CONSIDERATION OF ABILITY TO REPAY.

       (a) In General.--Chapter 3 of the Truth in Lending Act (15 
     U.S.C. 1666 et seq.), as amended by this title, is amended by 
     adding at the end the following:

     ``SEC. 150. CONSIDERATION OF ABILITY TO REPAY.

       ``A card issuer may not open any credit card account for 
     any consumer under an open end consumer credit plan, or 
     increase any credit limit applicable to such account, unless 
     the card issuer considers the ability of the consumer to make 
     the required payments under the terms of such account.''.
       (b) Clerical Amendment.--Chapter 3 of the Truth in Lending 
     Act (15 U.S.C. 1661 et seq.) is amended in the table of 
     sections for the chapter, by adding at the end the following:

``150. Consideration of ability to repay.''.

       At the end of title II, add the following:

     SEC. 205. PREVENTION OF DECEPTIVE MARKETING OF CREDIT 
                   REPORTS.

       (a) Preventing Deceptive Marketing.--Section 612 of the 
     Fair Credit Reporting Act (15 U.S.C. 1681j) is amended by 
     adding at the end the following:
       ``(g) Prevention of Deceptive Marketing of Credit 
     Reports.--
       ``(1) In general.--Subject to rulemaking pursuant to 
     section 205(b) of the Credit CARD Act of 2009, any 
     advertisement for a free credit report in any medium shall 
     prominently disclose in such advertisement that free credit 
     reports are available under Federal law at: 
     `AnnualCreditReport.com' (or such other source as may be 
     authorized under Federal law).
       ``(2) Television and radio advertisement.--In the case of 
     an advertisement broadcast by television, the disclosures 
     required under paragraph (1) shall be included in the audio 
     and visual part of such advertisement. In the case of an 
     advertisement broadcast by television or radio, the 
     disclosure required under paragraph (1) shall consist only of 
     the following: `This is not the free credit report provided 
     for by federal law.' ''.
       (b) Rulemaking.--
       (1) In general.--Not later than 9 months after the date of 
     enactment of this Act, the Federal Trade Commission shall 
     issue a final rule to carry out this section.
       (2) Content.--The rule required by this subsection--
       (A) shall include specific wording to be used in 
     advertisements in accordance with this section; and
       (B) for advertisements on the Internet, shall include 
     whether the disclosure required under section 612(g)(1) of 
     the Fair Credit Reporting Act (as added by this section) 
     shall appear on the advertisement or the website on which the 
     free credit report is made available.
       (3) Interim disclosures.--If an advertisement subject to 
     section 612(g) of the Fair Credit Reporting Act, as added by 
     this section, is made public after the 9-month deadline 
     specified in paragraph (1), but before the rule required by 
     paragraph (1) is finalized, such advertisement shall include 
     the disclosure: ``Free credit reports are available under 
     Federal law at: `AnnualCreditReport.com'.''.
       At the end of title III, add the following:

     SEC. 304. PRIVACY PROTECTIONS FOR COLLEGE STUDENTS.

       Section 140 of the Truth in Lending Act (15 U.S.C. 1650) is 
     amended by adding at the end the following:
       ``(f) Credit Card Protections for College Students.--
       ``(1) Disclosure required.--An institution of higher 
     education shall publicly disclose any contract or other 
     agreement made with a card issuer or creditor for the purpose 
     of marketing a credit card.
       ``(2) Inducements prohibited.--No card issuer or creditor 
     may offer to a student at an institution of higher education 
     any tangible item to induce such student to apply for or 
     participate in an open end consumer credit plan offered by 
     such card issuer or creditor, if such offer is made--
       ``(A) on the campus of an institution of higher education;
       ``(B) near the campus of an institution of higher 
     education, as determined by rule of the Board; or
       ``(C) at an event sponsored by or related to an institution 
     of higher education.
       ``(3) Sense of the congress.--It is the sense of the 
     Congress that each institution of higher education should 
     consider adopting the following policies relating to credit 
     cards:
       ``(A) That any card issuer that markets a credit card on 
     the campus of such institution notify the institution of the 
     location at which such marketing will take place.
       ``(B) That the number of locations on the campus of such 
     institution at which the marketing of credit cards takes 
     place be limited.
       ``(C) That credit card and debt education and counseling 
     sessions be offered as a regular part of any orientation 
     program for new students of such institution.''.

     SEC. 305. COLLEGE CREDIT CARD AGREEMENTS.

       (a) In General.--Section 127 of the Truth in Lending Act 
     (15 U.S.C. 1637), as otherwise amended by this Act, is 
     amended by adding at the end the following:
       ``(r) College Card Agreements.--
       ``(1) Definitions.--For purposes of this subsection, the 
     following definitions shall apply:
       ``(A) College affinity card.--The term `college affinity 
     card' means a credit card issued by a credit card issuer 
     under an open end consumer credit plan in conjunction with an 
     agreement between the issuer and an institution of higher 
     education, or an alumni organization or foundation affiliated 
     with or related to such institution, under which such cards 
     are issued to college students who have an affinity with such 
     institution, organization and--
       ``(i) the creditor has agreed to donate a portion of the 
     proceeds of the credit card to the institution, organization, 
     or foundation (including a lump sum or 1-time payment of 
     money for access);
       ``(ii) the creditor has agreed to offer discounted terms to 
     the consumer; or
       ``(iii) the credit card bears the name, emblem, mascot, or 
     logo of such institution, organization, or foundation, or 
     other words, pictures, or symbols readily identified with 
     such institution, organization, or foundation.
       ``(B) College student credit card account.--The term 
     `college student credit card account' means a credit card 
     account under an open end consumer credit plan established or 
     maintained for or on behalf of any college student.
       ``(C) College student.--The term `college student' means an 
     individual who is a full-time or a part-time student 
     attending an institution of higher education.
       ``(D) Institution of higher education.--The term 
     `institution of higher education' has the same meaning as in 
     section 101 and 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1001 and 1002).
       ``(2) Reports by creditors.--
       ``(A) In general.--Each creditor shall submit an annual 
     report to the Board containing the terms and conditions of 
     all business, marketing, and promotional agreements and 
     college affinity card agreements with an institution of 
     higher education, or an alumni organization or foundation 
     affiliated with or related to such institution, with respect 
     to any college student credit card issued to a college 
     student at such institution.
       ``(B) Details of report.--The information required to be 
     reported under subparagraph (A) includes--
       ``(i) any memorandum of understanding between or among a 
     creditor, an institution of higher education, an alumni 
     association, or foundation that directly or indirectly 
     relates to any aspect of any agreement referred to in such 
     subparagraph or controls or directs any obligations or 
     distribution of benefits between or among any such entities;
       ``(ii) the amount of any payments from the creditor to the 
     institution, organization, or foundation during the period 
     covered by the report, and the precise terms of any agreement 
     under which such amounts are determined; and
       ``(iii) the number of credit card accounts covered by any 
     such agreement that were opened during the period covered by 
     the report, and the total number of credit card accounts 
     covered by the agreement that were outstanding at the end of 
     such period.
       ``(C) Aggregation by institution.--The information required 
     to be reported under subparagraph (A) shall be aggregated 
     with respect to each institution of higher education or 
     alumni organization or foundation affiliated with or related 
     to such institution.
       ``(D) Initial report.--The initial report required under 
     subparagraph (A) shall be submitted to the Board before the 
     end of the 9-month period beginning on the date of enactment 
     of this subsection.
       ``(3) Reports by board.--The Board shall submit to the 
     Congress, and make available

[[Page 12889]]

     to the public, an annual report that lists the information 
     concerning credit card agreements submitted to the Board 
     under paragraph (2) by each institution of higher education, 
     alumni organization, or foundation.''.
       (b) Study and Report by the Comptroller General.--
       (1) Study.--The Comptroller General of the United States 
     shall, from time to time, review the reports submitted by 
     creditors under section 127(r) of the Truth in Lending Act, 
     as added by this section, and the marketing practices of 
     creditors to determine the impact that college affinity card 
     agreements and college student card agreements have on credit 
     card debt.
       (2) Report.--Upon completion of any study under paragraph 
     (1), the Comptroller General shall periodically submit a 
     report to the Congress on the findings and conclusions of the 
     study, together with such recommendations for administrative 
     or legislative action as the Comptroller General determines 
     to be appropriate.
       On page 40, line 6, strike ``or'' at the end.
       On page 40, line 8, strike the period and insert the 
     following: ``; or
       (vi) redeemable solely for admission to events or venues at 
     a particular location or group of affiliated locations, which 
     may also include services or goods obtainable--

       (I) at the event or venue after admission; or
       (II) in conjunction with admission to such events or 
     venues, at specific locations affiliated with and in 
     geographic proximity to the event or venue.

       On page 42, line 5, insert ``or vendor'' after ``issuer''.
       On page 43, strike lines 9 through 11 and insert the 
     following:
       (B) the terms of expiration are clearly and conspicuously 
     stated.
       On page 43, line 13, strike ``shall prescribe'' and insert 
     the following: ``shall--
       ``(A) prescribe''.
       On page 43, line 19, strike ``of gift'' and insert ``of a 
     gift''.
       On page 43, beginning on line 21, strike ``assessed.'' and 
     insert the following: ``assessed; and
       ``(B) shall determine the extent to which the individual 
     definitions and provisions of the Electronic Fund Transfer 
     Act or Regulation E should apply to general-use prepaid 
     cards, gift certificates, and store gift cards.''.
       On page 46, strike line 16 and all that follows through 
     page 48, line 6, and insert the following:

     SEC. 502. BOARD REVIEW OF CONSUMER CREDIT PLANS AND 
                   REGULATIONS.

       (a) Required Review.--Not later than 2 years after the 
     effective date of this Act and every 2 years thereafter, 
     except as provided in subsection (c)(2), the Board shall 
     conduct a review, within the limits of its existing resources 
     available for reporting purposes, of the consumer credit card 
     market, including--
       (1) the terms of credit card agreements and the practices 
     of credit card issuers;
       (2) the effectiveness of disclosure of terms, fees, and 
     other expenses of credit card plans;
       (3) the adequacy of protections against unfair or deceptive 
     acts or practices relating to credit card plans; and
       (4) whether or not, and to what extent, the implementation 
     of this Act and the amendments made by this Act has 
     affected--
       (A) cost and availability of credit, particularly with 
     respect to non-prime borrowers;
       (B) the safety and soundness of credit card issuers;
       (C) the use of risk-based pricing; or
       (D) credit card product innovation.
       (b) Solicitation of Public Comment.--In connection with 
     conducting the review required by subsection (a), the Board 
     shall solicit comment from consumers, credit card issuers, 
     and other interested parties, such as through hearings or 
     written comments.
       (c) Regulations.--
       (1) Notice.--Following the review required by subsection 
     (a), the Board shall publish a notice in the Federal Register 
     that--
       (A) summarizes the review, the comments received from the 
     public solicitation, and other evidence gathered by the 
     Board, such as through consumer testing or other research; 
     and
       (B) either--
       (i) proposes new or revised regulations or interpretations 
     to update or revise disclosures and protections for consumer 
     credit cards, as appropriate; or
       (ii) states the reason for the determination of the Board 
     that new or revised regulations are not necessary.
       (2) Revision of review period following material revision 
     of regulations.--In the event that the Board materially 
     revises regulations on consumer credit card plans, a review 
     need not be conducted until 2 years after the effective date 
     of the revised regulations, which thereafter shall be treated 
     as the new date for the biennial review required by 
     subsection (a).
       (d) Board Report to the Congress.--The Board shall report 
     to Congress not less frequently than every 2 years, except as 
     provided in subsection (c)(2), on the status of its most 
     recent review, its efforts to address any issues identified 
     from the review, and any recommendations for legislation.
       (e) Additional Reporting.--The Federal banking agencies (as 
     that term is defined in section 3 of the Federal Deposit 
     Insurance Act) and the Federal Trade Commission shall provide 
     annually to the Board, and the Board shall include in its 
     annual report to Congress under section 10 of the Federal 
     Reserve Act, information about the supervisory and 
     enforcement activities of the agencies with respect to 
     compliance by credit card issuers with applicable Federal 
     consumer protection statutes and regulations, including--
       (1) this Act, the amendments made by this Act, and 
     regulations prescribed under this Act and such amendments; 
     and
       (2) section 5 of the Federal Trade Commission Act, and 
     regulations prescribed under the Federal Trade Commission 
     Act, including part 227 of title 12 of the Code of Federal 
     Regulations, as prescribed by the Board (referred to as 
     ``Regulation AA'').
       At the end of title V, add the following:

     SEC. 503. STORED VALUE.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary of the Treasury, in 
     consultation with the Secretary of Homeland Security, shall 
     issue regulations in final form implementing the Bank Secrecy 
     Act, regarding the sale, issuance, redemption, or 
     international transport of stored value, including stored 
     value cards.
       (b) Consideration of International Transport.--Regulations 
     under this section regarding international transport of 
     stored value may include reporting requirements pursuant to 
     section 5316 of title 31, United States Code.
       (c) Emerging Methods for Transmittal and Storage in 
     Electronic Form.--Regulations under this section shall take 
     into consideration current and future needs and methodologies 
     for transmitting and storing value in electronic form.

     SEC. 504. PROCEDURE FOR TIMELY SETTLEMENT OF ESTATES OF 
                   DECEDENT OBLIGORS.

       (a) In General.--Chapter 2 of the Truth in Lending Act ( 
     U.S.C. 1631 et seq.) is amended by adding at the end the 
     following new section:

     ``Sec. 140A Procedure for timely settlement of estates of 
       decedent obligors

       ``The Board, in consultation with the Federal Trade 
     Commission and each other agency referred to in section 
     108(a), shall prescribe regulations to require any creditor, 
     with respect to any credit card account under an open end 
     consumer credit plan, to establish procedures to ensure that 
     any administrator of an estate of any deceased obligor with 
     respect to such account can resolve outstanding credit 
     balances in a timely manner.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     2 of the Truth in Lending Act is amended by inserting after 
     the item relating to section 140 the following new item:
``140A. Procedure for timely settlement of estates of decedent 
              obligors'.''.

     SEC. 505. REPORT TO CONGRESS ON REDUCTIONS OF CONSUMER CREDIT 
                   CARD LIMITS BASED ON CERTAIN INFORMATION AS TO 
                   EXPERIENCE OR TRANSACTIONS OF THE CONSUMER.

       (a) Report on Creditor Practices Required.--Before the end 
     of the 1-year period beginning on the date of enactment of 
     this Act, the Board, in consultation with the Comptroller of 
     the Currency, the Director of the Office of Thrift 
     Supervision, the Federal Deposit Insurance Corporation, the 
     National Credit Union Administration Board, and the Federal 
     Trade Commission, shall submit a report to the Committee on 
     Financial Services of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate on the extent to which, during the 3-year period 
     ending on such date of enactment, creditors have reduced 
     credit limits or raised interest rates applicable to credit 
     card accounts under open end consumer credit plans based on--
       (1) the geographic location where a credit transaction with 
     the consumer took place, or the identity of the merchant 
     involved in the transaction;
       (2) the credit transactions of the consumer, including the 
     type of credit transaction, the type of items purchased in 
     such transaction, the price of items purchased in such 
     transaction, any change in the type or price of items 
     purchased in such transactions, and other data pertaining to 
     the use of such credit card account by the consumer; and
       (3) the identity of the mortgage creditor which extended or 
     holds the mortgage loan secured by the primary residence of 
     the consumer.
       (b) Other Information.--The report required under 
     subsection (a) shall also include--
       (1) the number of creditors that have engaged in the 
     practices described in subsection (a);
       (2) the extent to which the practices described in 
     subsection (a) have an adverse impact on minority or low-
     income consumers;
       (3) any other relevant information regarding such 
     practices; and
       (4) recommendations to the Congress on any regulatory or 
     statutory changes that may be needed to restrict or prevent 
     such practices.

     SEC. 506. BOARD REVIEW OF SMALL BUSINESS CREDIT PLANS AND 
                   RECOMMENDATIONS.

       (a) Required Review.--Not later than 9 months after the 
     date of enactment of this

[[Page 12890]]

     Act, the Board shall conduct a review of the use of credit 
     cards by businesses with not more than 50 employees (in this 
     section referred to as ``small businesses'') and the credit 
     card market for small businesses, including--
       (1) the terms of credit card agreements for small 
     businesses and the practices of credit card issuers relating 
     to small businesses;
       (2) the adequacy of disclosures of terms, fees, and other 
     expenses of credit card plans for small businesses;
       (3) the adequacy of protections against unfair or deceptive 
     acts or practices relating to credit card plans for small 
     businesses;
       (4) the cost and availability of credit for small 
     businesses, particularly with respect to non-prime borrowers;
       (5) the use of risk-based pricing for small businesses;
       (6) credit card product innovation relating to small 
     businesses; and
       (7) the extent to which small business owners use personal 
     credit cards to fund their business operations.
       (b) Recommendations.--Following the review required by 
     subsection (a), the Board shall, not later than 12 months 
     after the date of enactment of this Act--
       (1) provide a report to Congress that summarizes the review 
     and other evidence gathered by the Board, such as through 
     consumer testing or other research, and
       (2) make recommendations for administrative or legislative 
     initiatives to provide protections for credit card plans for 
     small businesses, as appropriate.

     SEC. 507. SMALL BUSINESS INFORMATION SECURITY TASK FORCE.

       (a) Definitions.--In this section--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632); and
       (3) the term ``task force'' means the task force 
     established under subsection (b).
       (b) Establishment.--The Administrator shall, in conjunction 
     with the Secretary of Homeland Security, establish a task 
     force, to be known as the ``Small Business Information 
     Security Task Force'', to address the information technology 
     security needs of small business concerns and to help small 
     business concerns prevent the loss of credit card data.
       (c) Duties.--The task force shall--
       (1) identify--
       (A) the information technology security needs of small 
     business concerns; and
       (B) the programs and services provided by the Federal 
     Government, State Governments, and nongovernment 
     organizations that serve those needs;
       (2) assess the extent to which the programs and services 
     identified under paragraph (1)(B) serve the needs identified 
     under paragraph (1)(A);
       (3) make recommendations to the Administrator on how to 
     more effectively serve the needs identified under paragraph 
     (1)(A) through--
       (A) programs and services identified under paragraph 
     (1)(B); and
       (B) new programs and services promoted by the task force;
       (4) make recommendations on how the Administrator may 
     promote--
       (A) new programs and services that the task force 
     recommends under paragraph (3)(B); and
       (B) programs and services identified under paragraph 
     (1)(B);
       (5) make recommendations on how the Administrator may 
     inform and educate with respect to--
       (A) the needs identified under paragraph (1)(A);
       (B) new programs and services that the task force 
     recommends under paragraph (3)(B); and
       (C) programs and services identified under paragraph 
     (1)(B);
       (6) make recommendations on how the Administrator may more 
     effectively work with public and private interests to address 
     the information technology security needs of small business 
     concerns; and
       (7) make recommendations on the creation of a permanent 
     advisory board that would make recommendations to the 
     Administrator on how to address the information technology 
     security needs of small business concerns.
       (d) Internet Website Recommendations.--The task force shall 
     make recommendations to the Administrator relating to the 
     establishment of an Internet website to be used by the 
     Administration to receive and dispense information and 
     resources with respect to the needs identified under 
     subsection (c)(1)(A) and the programs and services identified 
     under subsection (c)(1)(B). As part of the recommendations, 
     the task force shall identify the Internet sites of 
     appropriate programs, services, and organizations, both 
     public and private, to which the Internet website should 
     link.
       (e) Education Programs.--The task force shall make 
     recommendations to the Administrator relating to developing 
     additional education materials and programs with respect to 
     the needs identified under subsection (c)(1)(A).
       (f) Existing Materials.--The task force shall organize and 
     distribute existing materials that inform and educate with 
     respect to the needs identified under subsection (c)(1)(A) 
     and the programs and services identified under subsection 
     (c)(1)(B).
       (g) Coordination With Public and Private Sector.--In 
     carrying out its responsibilities under this section, the 
     task force shall coordinate with, and may accept materials 
     and assistance as it determines appropriate from, public and 
     private entities, including--
       (1) any subordinate officer of the Administrator;
       (2) any organization authorized by the Small Business Act 
     to provide assistance and advice to small business concerns;
       (3) other Federal agencies, their officers, or employees; 
     and
       (4) any other organization, entity, or person not described 
     in paragraph (1), (2), or (3).
       (h) Appointment of Members.--
       (1) Chairperson and vice-chairperson.--The task force shall 
     have--
       (A) a Chairperson, appointed by the Administrator; and
       (B) a Vice-Chairperson, appointed by the Administrator, in 
     consultation with appropriate nongovernmental organizations, 
     entities, or persons.
       (2) Members.--
       (A) Chairperson and vice-chairperson.--The Chairperson and 
     the Vice-Chairperson shall serve as members of the task 
     force.
       (B) Additional members.--
       (i) In general.--The task force shall have additional 
     members, each of whom shall be appointed by the Chairperson, 
     with the approval of the Administrator.
       (ii) Number of members.--The number of additional members 
     shall be determined by the Chairperson, in consultation with 
     the Administrator, except that--

       (I) the additional members shall include, for each of the 
     groups specified in paragraph (3), at least 1 member 
     appointed from within that group; and
       (II) the number of additional members shall not exceed 13.

       (3) Groups represented.--The groups specified in this 
     paragraph are--
       (A) subject matter experts;
       (B) users of information technologies within small business 
     concerns;
       (C) vendors of information technologies to small business 
     concerns;
       (D) academics with expertise in the use of information 
     technologies to support business;
       (E) small business trade associations;
       (F) Federal, State, or local agencies, including the 
     Department of Homeland Security, engaged in securing 
     cyberspace; and
       (G) information technology training providers with 
     expertise in the use of information technologies to support 
     business.
       (4) Political affiliation.--The appointments under this 
     subsection shall be made without regard to political 
     affiliation.
       (i) Meetings.--
       (1) Frequency.--The task force shall meet at least 2 times 
     per year, and more frequently if necessary to perform its 
     duties.
       (2) Quorum.--A majority of the members of the task force 
     shall constitute a quorum.
       (3) Location.--The Administrator shall designate, and make 
     available to the task force, a location at a facility under 
     the control of the Administrator for use by the task force 
     for its meetings.
       (4) Minutes.--
       (A) In general.--Not later than 30 days after the date of 
     each meeting, the task force shall publish the minutes of the 
     meeting in the Federal Register and shall submit to the 
     Administrator any findings or recommendations approved at the 
     meeting.
       (B) Submission to congress.--Not later than 60 days after 
     the date that the Administrator receives minutes under 
     subparagraph (A), the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives such minutes, together with any comments the 
     Administrator considers appropriate.
       (5) Findings.--
       (A) In general.--Not later than the date on which the task 
     force terminates under subsection (m), the task force shall 
     submit to the Administrator a final report on any findings 
     and recommendations of the task force approved at a meeting 
     of the task force.
       (B) Submission to congress.--Not later than 90 days after 
     the date on which the Administrator receives the report under 
     subparagraph (A), the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives the full text of the report submitted under 
     subparagraph (A), together with any comments the 
     Administrator considers appropriate.
       (j) Personnel Matters.--
       (1) Compensation of members.--Each member of the task force 
     shall serve without pay for their service on the task force.
       (2) Travel expenses.--Each member of the task force shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5, United States Code.
       (3) Detail of sba employees.--The Administrator may detail, 
     without reimbursement,

[[Page 12891]]

     any of the personnel of the Administration to the task force 
     to assist it in carrying out the duties of the task force. 
     Such a detail shall be without interruption or loss of civil 
     status or privilege.
       (4) SBA support of the task force.--Upon the request of the 
     task force, the Administrator shall provide to the task force 
     the administrative support services that the Administrator 
     and the Chairperson jointly determine to be necessary for the 
     task force to carry out its duties.
       (k) Not Subject to Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the task force.
       (l) Startup Deadlines.--The initial appointment of the 
     members of the task force shall be completed not later than 
     90 days after the date of enactment of this Act, and the 
     first meeting of the task force shall be not later than 180 
     days after the date of enactment of this Act.
       (m) Termination.--
       (1) In general.--Except as provided in paragraph (2), the 
     task force shall terminate at the end of fiscal year 2013.
       (2) Exception.--If, as of the termination date under 
     paragraph (1), the task force has not complied with 
     subsection (i)(4) with respect to 1 or more meetings, then 
     the task force shall continue after the termination date for 
     the sole purpose of achieving compliance with subsection 
     (i)(4) with respect to those meetings.
       (n) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $300,000 for 
     each of fiscal years 2010 through 2013.

     SEC. 508. STUDY AND REPORT ON EMERGENCY PIN TECHNOLOGY.

       (a) In General.--The Federal Trade Commission, in 
     consultation with the Attorney General of the United States 
     and the United States Secret Service, shall conduct a study 
     on the cost-effectiveness of making available at automated 
     teller machines technology that enables a consumer that is 
     under duress to electronically alert a local law enforcement 
     agency that an incident is taking place at such automated 
     teller machine, including--
       (1) an emergency personal identification number that would 
     summon a local law enforcement officer to an automated teller 
     machine when entered into such automated teller machine; and
       (2) a mechanism on the exterior of an automated teller 
     machine that, when pressed, would summon a local law 
     enforcement to such automated teller machine.
       (b) Contents of Study.--The study required under subsection 
     (a) shall include--
       (1) an analysis of any technology described in subsection 
     (a) that is currently available or under development;
       (2) an estimate of the number and severity of any crimes 
     that could be prevented by the availability of such 
     technology;
       (3) the estimated costs of implementing such technology; 
     and
       (4) a comparison of the costs and benefits of not fewer 
     than 3 types of such technology.
       (c) Report.--Not later than 9 months after the date of 
     enactment of this Act, the Federal Trade Commission shall 
     submit to Congress a report on the findings of the study 
     required under this section that includes such 
     recommendations for legislative action as the Commission 
     determines appropriate.

     SEC. 509. STUDY AND REPORT ON THE MARKETING OF PRODUCTS WITH 
                   CREDIT OFFERS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the terms, conditions, marketing, 
     and value to consumers of products marketed in conjunction 
     with credit card offers, including--
       (1) debt suspension agreements;
       (2) debt cancellation agreements; and
       (3) credit insurance products.
       (b) Areas of Concern.--The study conducted under this 
     section shall evaluate--
       (1) the suitability of the offer of products described in 
     subsection (a) for target customers;
       (2) the predatory nature of such offers; and
       (3) specifically for debt cancellation or suspension 
     agreements and credit insurance products, loss rates compared 
     to more traditional insurance products.
       (c) Report to Congress.--The Comptroller shall submit a 
     report to Congress on the results of the study required by 
     this section not later than December 31, 2010.

     SEC. 510. FINANCIAL AND ECONOMIC LITERACY.

       (a) Report on Federal Financial and Economic Literacy 
     Education Programs.--
       (1) In general.--Not later than 9 months after the date of 
     enactment of this Act, the Secretary of Education and the 
     Director of the Office of Financial Education of the 
     Department of the Treasury shall coordinate with the 
     President's Advisory Council on Financial Literacy--
       (A) to evaluate and compile a comprehensive summary of all 
     existing Federal financial and economic literacy education 
     programs, as of the time of the report; and
       (B) to prepare and submit a report to Congress on the 
     findings of the evaluations.
       (2) Contents.--The report required by this subsection shall 
     address, at a minimum--
       (A) the 2008 recommendations of the President's Advisory 
     Council on Financial Literacy;
       (B) existing Federal financial and economic literacy 
     education programs for grades kindergarten through grade 12, 
     and annual funding to support these programs;
       (C) existing Federal postsecondary financial and economic 
     literacy education programs and annual funding to support 
     these programs;
       (D) the current financial and economic literacy education 
     needs of adults, and in particular, low- and moderate-income 
     adults;
       (E) ways to incorporate and disseminate best practices and 
     high quality curricula in financial and economic literacy 
     education; and
       (F) specific recommendations on sources of revenue to 
     support financial and economic literacy education activities 
     with a specific analysis of the potential use of credit card 
     transaction fees.
       (b) Strategic Plan.--
       (1) In general.--The Secretary of Education and the 
     Director of the Office of Financial Education of the 
     Department of the Treasury shall coordinate with the 
     President's Advisory Council on Financial Literacy to develop 
     a strategic plan to improve and expand financial and economic 
     literacy education.
       (2) Contents.--The plan developed under this subsection 
     shall--
       (A) incorporate findings from the report and evaluations of 
     existing Federal financial and economic literacy education 
     programs under subsection (a); and
       (B) include proposals to improve, expand, and support 
     financial and economic literacy education based on the 
     findings of the report and evaluations.
       (3) Presentation to congress.--The plan developed under 
     this subsection shall be presented to Congress not later than 
     6 months after the date on which the report under subsection 
     (a) is submitted to Congress.
       (c) Effective Date.--Notwithstanding section 3, this 
     section shall become effective on the date of enactment of 
     this Act.

     SEC. 511. FEDERAL TRADE COMMISSION RULEMAKING ON MORTGAGE 
                   LENDING.

       (a) In General.--Section 626 of division D of the Omnibus 
     Appropriations Act, 2009 (Public Law 111-8) is amended--
       (1) in subsection (a)--
       (A) by striking ``Within'' and inserting ``(1) Within'';
       (B) in paragraph (1), as designated by subparagraph (A), by 
     inserting after the first sentence the following: ``Such 
     rulemaking shall relate to unfair or deceptive acts or 
     practices regarding mortgage loans, which may include unfair 
     or deceptive acts or practices involving loan modification 
     and foreclosure rescue services.''; and
       (C) by adding at the end the following:
       ``(2) Paragraph (1) shall not be construed to authorize the 
     Federal Trade Commission to promulgate a rule with respect to 
     an entity that is not subject to enforcement of the Federal 
     Trade Commission Act (15 U.S.C. 41 et seq.) by the 
     Commission.
       ``(3) Before issuing a final rule pursuant to the 
     proceeding initiated under paragraph (1), the Federal Trade 
     Commission shall consult with the Federal Reserve Board 
     concerning any portion of the proposed rule applicable to 
     acts or practices to which the provisions of the Truth in 
     Lending Act (15 U.S.C. 1601 et seq.) may apply.
       ``(4) The Federal Trade Commission shall enforce the rules 
     issued under paragraph (1) in the same manner, by the same 
     means, and with the same jurisdiction, powers, and duties as 
     though all applicable terms and provisions of the Federal 
     Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated 
     into and made part of this section.''; and
       (2) in subsection (b)--
       (A) by striking so much as precedes paragraph (2) and 
     inserting the following:
       ``(b)(1) Except as provided in paragraph (6), in any case 
     in which the attorney general of a State has reason to 
     believe that an interest of the residents of that State has 
     been or is threatened or adversely affected by the engagement 
     of any person subject to a rule prescribed under subsection 
     (a) in a practice that violates such rule, the State, as 
     parens patriae, may bring a civil action on behalf of the 
     residents of the State in an appropriate district court of 
     the United States or other court of competent jurisdiction--
       ``(A) to enjoin that practice;
       ``(B) to enforce compliance with the rule;
       ``(C) to obtain damages, restitution, or other compensation 
     on behalf of residents of the State; or
       ``(D) to obtain penalties and relief provided by the 
     Federal Trade Commission Act and such other relief as the 
     court considers appropriate.''; and
       (B) in paragraphs (2), (3), and (6), by striking 
     ``Commission'' each place it appears and inserting ``primary 
     Federal regulator''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on March 12, 2009.
                                 ______
                                 
  SA 1131. Mr. INOUYE (for himself and Mr. Cochran) proposed an 
amendment to the bill H.R. 2346, making supplemental appropriations for 
the fiscal year ending September 30, 2009, and for other purposes; as 
follows:

       Strike all after the enacting clause and insert the 
     following:
       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending

[[Page 12892]]

     September 30, 2009, and for other purposes, namely:

                                TITLE I

                       DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

       For an additional amount for ``Public Law 480 Title II 
     Grants'', $700,000,000, to remain available until expended: 
     Provided, That the amount under this heading is designated as 
     being for overseas deployments and other activities pursuant 
     to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                     GENERAL PROVISION--THIS TITLE

       Sec. 101.  Notwithstanding any other provision of law, any 
     amounts made available prior to the date of enactment of this 
     Act to provide assistance under the emergency conservation 
     program established under title IV of the Agricultural Credit 
     Act of 1978 (16 U.S.C. 2201 and 2202) that are unobligated as 
     of the date of enactment of this Act shall be available to 
     carry out any purpose under that program without fiscal year 
     limitation: Provided, That the amount under this heading is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to sections 403(a) and 423(b) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

                    (including rescission of funds)

       Sec. 102. (a)(1) For an additional amount for gross 
     obligations for the principal amount of direct farm ownership 
     (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) 
     loans, to be available from funds in the Agricultural Credit 
     Insurance Fund, as follows: direct farm ownership loans, 
     $360,000,000; and direct operating loans, $225,000,000.
       (2) For an additional amount for the cost of direct loans, 
     including the cost of modifying loans as defined in section 
     502 of the Congressional Budget Act of 1974, as follows: 
     direct farm ownership loans, $22,860,000; and direct 
     operating loans, $26,530,000.
       (b) Of available unobligated discretionary balances from 
     the Rural Development mission area carried forward from 
     fiscal year 2008, $49,390,000 are hereby rescinded: Provided, 
     That none of the amounts may be rescinded other than those 
     from amounts that were designated by the Congress as an 
     emergency requirement pursuant to a Concurrent Resolution on 
     the Budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.
       (c) That the amount under this section is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                                TITLE II

                         DEPARTMENT OF COMMERCE

                  Economic Development Administration

                economic development assistance programs

       For an additional amount for ``Economic Development 
     Assistance Programs'', $40,000,000, to remain available until 
     September 30, 2010: Provided, That the amount provided under 
     this heading shall be for the Trade Adjustment Assistance for 
     Communities program as authorized by section 1872 of Public 
     Law 111-5: Provided further, That the amount provided under 
     this heading is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to sections 403(a) 
     and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

       For an additional amount for ``Salaries and expenses'', 
     $30,000,000, to remain available until September 30, 2010: 
     Provided, That funds provided in the previous proviso shall 
     only be for carrying out Department of Justice 
     responsibilities required by Executive Orders 13491, 13492, 
     and 13493: Provided further, That the Attorney General shall 
     submit to the Committees on Appropriations of the House and 
     the Senate a detailed plan for expenditure of such funds no 
     later than 30 days after enactment of this Act.

                           Detention Trustee

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

                            Legal Activities

            salaries and expenses, general legal activities

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

             salaries and expenses, united states attorneys

       For an additional amount for ``Salaries and expenses, 
     United States attorneys'', $5,000,000, to remain available 
     until September 30, 2010.
       For an additional amount for ``Salaries and expenses, 
     United States attorneys'', $10,000,000, to remain available 
     until September 30, 2010: Provided, That the amount provided 
     in this paragraph is designated as an emergency requirement 
     and necessary to meet emergency needs pursuant to sections 
     403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.

                    United States Marshals Services

                         salaries and expenses

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

                       National Security Division

                         salaries and expenses

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

                    Federal Bureau of Investigations

                         salaries and expenses

       For an additional amount for ``Salaries and expenses'', 
     $35,000,000, to remain available until September 30, 2010: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to sections 403(a) and 423(b) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

                    Drug Enforcement Administration

                         salaries and expenses

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

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

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

                         Federal Prison System

                         salaries and expenses

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 201.  Unless otherwise specified, each amount in this 
     title is designated as being for overseas deployment and 
     other activities pursuant to sections 401(c)(4) and 423(a) of 
     S. Con. Res. 13 (111th Congress), the concurrent resolution 
     on the budget for fiscal year 2010.
       Sec. 202.  None of the funds provided in this title shall 
     be used to transfer, relocate, or incarcerate Guantanamo Bay 
     detainees to or within the United States.

                               TITLE III

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $11,455,777,000.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $1,565,227,000.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $1,464,353,000.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,469,173,000.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $387,155,000.

                        Reserve Personnel, Navy

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

                    Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $1,542,333,000.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $46,860,000.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $13,933,801,000.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $2,337,360,000.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,037,842,000.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $5,992,125,000.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $5,065,783,000, of which:
       (1) not to exceed $12,500,000 for the Combatant Commander 
     Initiative Fund, to be used in support of Operation Iraqi 
     Freedom and Operation Enduring Freedom;
       (2) not to exceed $1,050,000,000, to remain available until 
     expended, for payments to reimburse key cooperating nations, 
     for logistical, military, and other support including access 
     provided to United States

[[Page 12893]]

     military operations in support of Operation Iraqi Freedom and 
     Operation Enduring Freedom, notwithstanding any other 
     provision of law: Provided, That such reimbursement payments 
     may be made in such amounts as the Secretary of Defense, with 
     the concurrence of the Secretary of State, and in 
     consultation with the Director of the Office of Management 
     and Budget, may determine, in his discretion, based on 
     documentation determined by the Secretary of Defense to 
     adequately account for the support provided and such 
     determination is final and conclusive upon the accounting 
     officers of the United States, and 15 days following 
     notification to the appropriate congressional committees: 
     Provided further, That these funds may be used for the 
     purpose of providing specialized training and procuring 
     supplies and specialized equipment and providing such 
     supplies and loaning such equipment on a non-reimbursable 
     basis to coalition forces supporting United States military 
     operations in Iraq and Afghanistan: Provided further, That 
     the Secretary of Defense shall provide quarterly reports to 
     the congressional defense committees on the use of funds 
     provided in this paragraph; and
       (3) up to $50,000,000 shall be available, 30 days after the 
     Secretary of Defense submits an expenditure plan to the 
     congressional defense committees detailing the specific 
     planned use of these funds, only to support the relocation 
     and disposition of individuals detained at the Guantanamo Bay 
     Naval Base to locations outside of the United States, 
     relocate military and support forces associated with detainee 
     operations, and facilitate the closure of detainee 
     facilities: Provided, That the Secretary of Defense shall 
     certify in writing to the congressional defense committees, 
     prior to transferring prisoners to foreign nations, that he 
     has been assured by the receiving nation that the individual 
     or individuals to be transferred will be retained in that 
     nation's custody as long as they remain a threat to the 
     national security interest of the United States: Provided 
     further, That the funds in this paragraph available to 
     provide assistance to foreign nations to facilitate the 
     relocation and disposition of individuals detained at the 
     Guantanamo Bay Naval Base are in addition to any other 
     authority to provide assistance to foreign nations: Provided 
     further, That these funds are available for transfer to any 
     other appropriations accounts of the Department of Defense 
     or, with the concurrence of the head of the relevant Federal 
     department or agency, to any other Federal appropriations 
     accounts to accomplish the purposes provided herein: Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense.

                Operation and Maintenance, Army Reserve

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

                Operation and Maintenance, Navy Reserve

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

            Operation and Maintenance, Marine Corps Reserve

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

              Operation and Maintenance, Air Force Reserve

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

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $203,399,000.

                    Afghanistan Security Forces Fund

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

                       Iraq Security Forces Fund

       For an additional amount for the ``Iraq Security Forces 
     Fund'', $1,000,000,000, to remain available until September 
     30, 2011: Provided, That, not later than July 31, 2010, any 
     remaining unobligated funds in this account shall be 
     transferred to the Department of State to be available for 
     the same purposes as provided herein.

               Pakistan Counterinsurgency Capability Fund

                     (including transfer of funds)

       There is hereby established in the Treasury of the United 
     States the ``Pakistan Counterinsurgency Capability Fund''. 
     For the ``Pakistan Counterinsurgency Capability Fund'', 
     $400,000,000, to remain available until September 30, 2010: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, with the concurrence of the Secretary of State, 
     notwithstanding any other provision of law, for the purpose 
     of allowing the Commander, United States Central Command, or 
     the Secretary's designee, to provide assistance to Pakistan's 
     security forces; including program management and the 
     provision of equipment, supplies, services, training, and 
     funds; and facility and infrastructure repair, renovation, 
     and construction to build the counterinsurgency capability of 
     Pakistan's military and Frontier Corps, and of which up to 
     $2,000,000 shall be available to assist the Government of 
     Pakistan in creating a program to respond to urgent 
     humanitarian relief and reconstruction requirements that will 
     immediately assist Pakistani people affected by military 
     operations: Provided further, That the authority to provide 
     assistance under this provision is in addition to any other 
     authority to provide assistance to foreign nations: Provided 
     further, That the Secretary of Defense may transfer such 
     amounts as he may determine from the funds provided herein to 
     appropriations for operation and maintenance; Overseas 
     Humanitarian, Disaster, and Civic Aid; procurement; research, 
     development, test and evaluation; and defense working capital 
     funds: Provided further, That funds so transferred shall be 
     merged with and be available for the same purposes and for 
     the same time period as the appropriation or fund to which 
     transferred: Provided further, That the Secretary of Defense 
     shall, not fewer than 15 days prior to making transfers from 
     this appropriation account, notify the congressional defense 
     committees in writing of the details of any such transfer.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $315,684,000, to remain available until September 30, 
     2011.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $737,041,000, to remain available until September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $1,434,071,000, to remain 
     available until September 30, 2011.

                    Procurement of Ammunition, Army

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

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $7,029,145,000, to remain available until September 30, 2011.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $754,299,000, to remain available until September 30, 
     2011.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $31,403,000, to remain available until September 30, 2011.

            Procurement of Ammunition, Navy and Marine Corps

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

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $207,181,000, to remain available until September 30, 2011.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $1,658,347,000, to remain available until September 30, 2011.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $2,064,118,000, to remain available for obligation 
     until September 30, 2011.

                     Missile Procurement, Air Force

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

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $138,284,000, to remain available until 
     September 30, 2011.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $1,910,343,000, to remain available until September 
     30, 2011.

[[Page 12894]]



                       Procurement, Defense-Wide

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

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $500,000,000, to remain available until 
     September 30, 2011.

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

       For the ``Mine Resistant Ambush Protected Vehicle Fund'', 
     $4,243,000,000, to remain available until September 30, 2010: 
     Provided, That such funds shall be available to the Secretary 
     of Defense, notwithstanding any other provision of law, to 
     procure, sustain, transport, and field Mine Resistant Ambush 
     Protected vehicles: Provided further, That the Secretary 
     shall transfer such funds only to appropriations for 
     operation and maintenance; procurement; research, 
     development, test and evaluation; and defense working capital 
     funds to accomplish the purpose provided herein: Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense: Provided further, That the Secretary shall, not 
     fewer than 15 days prior to making transfers from this 
     appropriation, notify the congressional defense committees in 
     writing of the details of any such transfer.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $71,935,000, to remain available 
     until September 30, 2010.

            Research, Development, Test and Evaluation, Navy

       For an additional amount of ``Research, Development, Test 
     and Evaluation, Navy'', $141,681,000, to remain available 
     until September 30, 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount of ``Research, Development, Test 
     and Evaluation, Air Force'', $174,159,000, to remain 
     available until September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount of ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $498,168,000, to remain 
     available until September 30, 2010.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $909,297,000, of which $845,508,000 for operation and 
     maintenance; of which $30,185,000, to remain available until 
     September 30, 2011, for procurement; and of which 
     $33,604,000, to remain available until September 30, 2010, 
     for research, development, test and evaluation.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $123,398,000, to remain 
     available until September 30, 2010: Provided, That these 
     funds may be used only for such activities related to 
     Afghanistan, Pakistan, and Central Asia.

             Joint Improvised Explosive Device Defeat Fund

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

                    Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

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

                     (including transfer of funds)

       Sec. 302.  Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer between appropriations 
     up to $2,500,000,000 of the funds made available to the 
     Department of Defense in this title: Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to this authority: Provided further,  That the 
     authority provided in this section is in addition to any 
     other transfer authority available to the Department of 
     Defense and is subject to the same terms and conditions as 
     the authority provided in section 8005 of the Department of 
     Defense Appropriations Act, 2009, (Public Law 110-116) except 
     for the fourth proviso.
       Sec. 303.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504(a)(1) 
     of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
       Sec. 304.  During fiscal year 2009 and from funds in the 
     ``Defense Cooperation Account'', as established by 10 U.S.C. 
     2608, the Secretary of Defense may transfer not to exceed 
     $6,500,000 to such appropriations or funds of the Department 
     of Defense as the Secretary shall determine for use 
     consistent with the purposes for which such funds were 
     contributed and accepted: Provided, That such amounts shall 
     be available for the same time period as the appropriation to 
     which transferred: Provided further, That the Secretary shall 
     report to the Congress all transfers made pursuant to this 
     authority.
       Sec. 305.  Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance or ``Afghanistan 
     Security Forces Fund'' provided in this title, and executed 
     in direct support of the overseas contingency operations in 
     Iraq and Afghanistan, may be obligated at the time a 
     construction contract is awarded: Provided, That for the 
     purpose of this section, supervision and administration costs 
     include all in-house Government costs.
       Sec. 306.  Funds made available in this title to the 
     Department of Defense for operation and maintenance may be 
     used to purchase items having an investment unit cost of not 
     more than $250,000: Provided, That upon determination by the 
     Secretary of Defense that such action is necessary to meet 
     the operational requirements of a Commander of a Combatant 
     Command engaged in contingency operations overseas, such 
     funds may be used to purchase items having an investment item 
     unit cost of not more than $500,000: Provided further, That 
     the Secretary shall report to the Congress all purchases made 
     pursuant to this authority within 30 days of using the 
     authority.
       Sec. 307.  From funds made available in this title, the 
     Secretary of Defense may purchase motor vehicles for use by 
     military and civilian employees of the Department of Defense 
     in Iraq and Afghanistan, up to a limit of $75,000 per 
     vehicle, notwithstanding other limitations applicable to 
     passenger carrying motor vehicles.
       Sec. 308.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts: Provided, That none of the amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to a Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended:
       ``Procurement, Marine Corps, 2007/2009'', $54,400,000;
       ``Other Procurement, Army, 2008/2010'', $29,300,000;
       ``Procurement, Marine Corps, 2008/2010'', $10,300,000;
       ``Research, Development, Test and Evaluation, Navy, 2008/
     2009'', $5,000,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     2008/2009'', $36,107,000;
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     2008/2009'', $200,000,000;
       ``Operation and Maintenance, Army, 2009/2009'', 
     $352,359,000;
       ``Operation and Maintenance, Navy, 2009/2009'', 
     $881,481,000;
       ``Operation and Maintenance, Marine Corps, 2009/2009'', 
     $54,466,000;
       ``Operation and Maintenance, Air Force, 2009/2009'', 
     $925,203,000;
       ``Operation and Maintenance, Defense-Wide, 2009/2009'', 
     $267,635,000;
       ``Operation and Maintenance, Army Reserve, 2009/2009'', 
     $23,338,000;
       ``Operation and Maintenance, Navy Reserve, 2009/2009'', 
     $62,910,000;
       ``Operation and Maintenance, Marine Corps Reserve, 2009/
     2009'', $1,250,000;
       ``Operation and Maintenance, Air Force Reserve, 2009/
     2009'', $163,786,000;
       ``Operation and Maintenance, Army National Guard, 2009/
     2009'', $57,819,000;
       ``Operation and Maintenance, Air National Guard, 2009/
     2009'', $250,645,000;
       ``Aircraft Procurement, Army, 2009/2011'', $11,500,000;
       ``Procurement of Ammunition, Army, 2009/2011'', 
     $107,100,000;
       ``Other Procurement, Army, 2009/2011'', $195,000,000;
       ``Procurement, Marine Corps, 2009/2011'', $10,300,000;
       ``Procurement, Defense-Wide, 2009/2011'', $6,400,000;
       ``Research, Development, Test and Evaluation, Army, 2009/
     2010'', $202,710,000;
       ``Research, Development, Test and Evaluation, Navy, 2009/
     2010'', $270,260,000; and
       ``Research, Development, Test and Evaluation, Air Force, 
     2009/2010'', $392,567,000.
       Sec. 309.  None of the funds appropriated or otherwise made 
     available by this title may be obligated or expended to 
     provide award fees to any defense contractor contrary to the 
     provisions of section 814 of the National Defense 
     Authorization Act, Fiscal Year 2007 (Public Law 109-364).
       Sec. 310.  None of the funds provided in this title may be 
     used to finance programs or activities denied by Congress in 
     fiscal years 2008 or 2009 appropriations to the Department of 
     Defense or to initiate a procurement

[[Page 12895]]

     or research, development, test and evaluation new start 
     program without prior written notification to the 
     congressional defense committees.
       Sec. 311.  None of the funds appropriated or otherwise made 
     available by this or any other Act shall be obligated or 
     expended by the United States Government for the purpose of 
     establishing any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Afghanistan.
       Sec. 312. (a) Repeal of Secretary of Defense Reports on 
     Transition Readiness of Iraq and Afghan Security Forces.--
     Subsection (a) of section 9205 of Public Law 110-252 (122 
     Stat. 2412) is repealed.
       (b) Modification of Reports on Use of Certain Security 
     Forces Funds.--
       (1) Preparation in consultation with commander of 
     centcom.--Subsection (b)(1) of such section is amended by 
     inserting ``the Commander of the United States Central 
     Command;'' after ``the Secretary of Defense;''.
       (2) Period of reports.--Such subsection is further amended 
     by striking ``not later than 120 days after the date of the 
     enactment of this Act and every 90 days thereafter'' and 
     inserting ``not later than 45 days after the end of each 
     fiscal year quarter''.
       (3) Funds covered by reports.--Such subsection is further 
     amended by striking ``and `Afghanistan Security Forces Fund' 
     '' and inserting ``, `Afghanistan Security Forces Fund', and 
     `Pakistan Counterinsurgency Capability Fund' ''.
       (c) Notice New Projects and Transfers of Funds.--Subsection 
     (c) of such section is amended by striking ``the headings'' 
     and all that follows and inserting ``the headings as follows:
       ``(1) `Iraq Security Forces Fund'.
       ``(2) `Afghanistan Security Forces Fund'.
       ``(3) `Pakistan Counterinsurgency Capability Fund'.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
       Sec. 313. (a) Section 1174(h)(1) of title 10, United States 
     Code, is amended to read as follows:
       ``(1) A member who has received separation pay under this 
     section, or separation pay, severance pay, or readjustment 
     pay under any other provision of law, based on service in the 
     armed forces, and who later qualifies for retired or retainer 
     pay under this title or title 14 shall have deducted from 
     each payment of such retired or retainer pay an amount, in 
     such schedule of monthly installments as the Secretary of 
     Defense shall specify, taking into account the financial 
     ability of the member to pay and avoiding the imposition of 
     undue financial hardship on the member and member's 
     dependents, until the total amount deducted is equal to the 
     total amount of separation pay, severance pay, and 
     readjustment pay so paid.''.
       (b) Section 1175(e)(3)(A) of title 10, United States Code, 
     is amended to read as follows:
       ``(3)(A) A member who has received the voluntary separation 
     incentive and who later qualifies for retired or retainer pay 
     under this title shall have deducted from each payment of 
     such retired or retainer pay an amount, in such schedule of 
     monthly installments as the Secretary of Defense shall 
     specify, taking into account the financial ability of the 
     member to pay and avoiding the imposition of undue financial 
     hardship on the member and member's dependents, until the 
     total amount deducted is equal to the total amount of 
     separation pay, severance pay, and readjustment pay so paid. 
     If the member elected to have a reduction in voluntary 
     separation incentive for any period pursuant to paragraph 
     (2), the deduction required under the preceding sentence 
     shall be reduced as the Secretary of Defense shall 
     specify.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to any repayments of separation pay, severance 
     pay, readjustment pay, special separation benefit, or 
     voluntary separation incentive, that occur on or after the 
     date of enactment, including any ongoing repayment actions 
     that were initiated prior to this amendment.
       Sec. 314.  Each amount in this title is designated as being 
     for overseas deployments and other activities pursuant to 
     sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                                TITLE IV

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                       operation and maintenance

       For an additional amount for ``Operation and Maintenance'' 
     to dredge navigation channels and repair damage to Corps 
     projects nationwide related to natural disasters, 
     $38,375,000, to remain available until expended: Provided, 
     That the Assistant Secretary of the Army for Civil Works 
     shall provide a monthly report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     detailing the allocation and obligation of these funds, 
     beginning not later than 60 days after enactment of this Act: 
     Provided further, That the amount under this heading is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to sections 403(a) and 423(b) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

                 flood control and coastal emergencies

       For an additional amount for ``Flood Control and Coastal 
     Emergencies'', as authorized by section 5 of the Act of 
     August 18, 1941 (33 U.S.C. 701n), for necessary expenses 
     relating to the consequences of natural disasters as 
     authorized by law, $804,290,000, to remain available until 
     expended: Provided, That the Secretary of the Army is 
     directed to use $315,290,000 of the funds appropriated under 
     this heading to support emergency operations, repair eligible 
     projects nationwide, and for other activities in response to 
     natural disasters: Provided further, That the Secretary of 
     the Army is directed to use $489,000,000 of the amount 
     provided under this heading for barrier island restoration 
     and ecosystem restoration to restore historic levels of storm 
     damage reduction to the Mississippi Gulf Coast: Provided 
     further, That this work shall be carried out at full Federal 
     expense: Provided further, That the Assistant Secretary of 
     the Army for Civil Works shall provide a monthly report to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the allocation and 
     obligation of these funds, beginning not later than 60 days 
     after enactment of this Act: Provided further, That the 
     amount under this heading is designated as an emergency 
     requirement and necessary to meet emergency needs pursuant to 
     sections 403(a) and 423(b) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                      Strategic Petroleum Reserve

                          (transfer of Funds)

       For an additional amount for the ``Strategic Petroleum 
     Reserve'' account, $21,585,723, to remain available until 
     expended, to be derived by transfer from the ``SPR Petroleum 
     Account'' for site maintenance activities: Provided, That the 
     amount under this heading is designated as an emergency 
     requirement and necessary to meet emergency needs pursuant to 
     sections 403(a) and 423(b) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                National Nuclear Security Administration

                           weapons activities

                          (transfer of funds)

       For an additional amount for ``Weapons Activities'', 
     $34,500,000, to remain available until expended, to be 
     divided among the three national security laboratories of 
     Livermore, Sandia and Los Alamos to fund a sustainable 
     capability to analyze nuclear and biological weapons 
     intelligence: Provided, That the Director of National 
     Intelligence shall provide a written report to the Senate 
     Appropriations Committee, the Senate Armed Services Committee 
     and the Senate Select Committee on Intelligence within 90 
     days of enactment on how the National Nuclear Security 
     Administration will invest these resources in technical and 
     core analytical capabilities: Provided further, That the 
     amount under this heading is designated as being for overseas 
     deployments and other activities pursuant to sections 
     401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.

                    defense nuclear nonproliferation

       For an additional amount for ``Defense Nuclear 
     Nonproliferation'' in the National Nuclear Security 
     Administration, $55,000,000, to remain available until 
     expended, for the International Nuclear Materials Protection 
     and Cooperation Program to counter emerging threats at 
     nuclear facilities in Russia and other countries of concern 
     through detecting and deterring insider threats through 
     security upgrades: Provided, That the amount under this 
     heading is designated as being for overseas deployments and 
     other activities pursuant to sections 401(c)(4) and 423(a) of 
     S. Con. Res. 13 (111th Congress), the concurrent resolution 
     on the budget for fiscal year 2010.

                     GENERAL PROVISIONS--THIS TITLE

                       limited transfer authority

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

     ``SEC. 403. LIMITED TRANSFER AUTHORITY.

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

[[Page 12896]]



               waiver of federal employment requirements

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

                    corps of engineers technical fix

       Sec. 403. (a) In General.--Section 3181 of the Water 
     Resources Development Act of 2007 (Public Law 110-114; 121 
     Stat. 1158) is amended--
       (1) in subsection (a)--
       (A) by redesignating paragraphs (4) through (11) as 
     paragraphs (5), (6), (8), (9), (10), (11), (12), and (13), 
     respectively;
       (B) by inserting after paragraph (3) the following:
       ``(4) Northeast harbor, maine.--The project for navigation, 
     Northeast Harbor, Maine, authorized by section 2 of the Act 
     of March 2, 1945 (59 Stat. 12).''; and
       (C) by inserting after paragraph (6) (as redesignated by 
     subparagraph (A)) the following:
       ``(7) Tenants harbor, maine.--The project for navigation, 
     Tenants Harbor, Maine, authorized by the first section of the 
     Act of March 2, 1919 (40 Stat. 1275).''; and
       (2) in subsection (h)--
       (A) by striking paragraphs (15) and (16); and
       (B) by redesignating paragraphs (17) through (29) as 
     paragraphs (15) through (27), respectively.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the Water Resources 
     Development Act of 2007 (Public Law 110-114; 121 Stat. 1041)

               corps of engineers reprogramming authority

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

             bureau of reclamation reprogramming authority

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

                cost analysis of tritium program changes

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

            corps of engineers project cost ceiling increase

       Sec. 407.  The project for ecosystem restoration, Upper 
     Newport Bay, California, authorized by section 101(b)(9) of 
     the Water Resources Development Act of 2000 (114 Stat. 2577), 
     is modified to authorize the Secretary to construct the 
     project at a total cost of $50,659,000, with an estimated 
     Federal cost of $32,928,000 and a non-Federal cost of 
     $17,731,000.
       Sec. 408.  None of the funds provided in the matter under 
     the heading entitled ``Department of Defense--Civil'' in this 
     Act, or provided by previous appropriations Acts under the 
     heading entitled ``Department of Defense--Civil'' may be used 
     to deconstruct any work (including any partially completed 
     work) completed under the Mississippi River and Tributaries 
     Project authorized by the Act of May 15, 1928 (45 2 Stat. 
     534; 100 Stat. 4183), during fiscal year 2009, 2010, and 
     2011.

         title 17 innovative technology loan guarantee program

       Sec. 409.  The matter under the heading ``Title 17 
     Innovative Technology Loan Guarantee Program''of title III of 
     division C of the Omnibus Appropriations Act, 2009 (Public 
     Law 111-8; 123 Stat. 619) is amended in the ninth proviso--
       (1) by striking ``or (d)'' and inserting ``(d)''; and
       (2) by striking ``the guarantee'' and inserting ``the 
     guarantee; (e) contracts, leases or other agreements entered 
     into prior to May 1, 2009 for front-end nuclear fuel cycle 
     projects, where such project licenses technology from the 
     Department of Energy, and pays royalties to the federal 
     government for such license and the amount of such royalties 
     will exceed the amount of federal spending, if any, under 
     such contracts, leases or agreements; or (f) grants or 
     cooperative agreements, to the extent that obligations of 
     such grants or cooperative agreements have been recorded in 
     accordance with section 1501(a)(5) of title 31, United States 
     Code, on or before May 1, 2009''.

                                TITLE V

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for ``Departmental Offices, 
     Salaries and Expenses'', $4,000,000, to remain available 
     until December 31, 2010: Provided, That, not later than 10 
     days following enactment of this Act, the Secretary of the 
     Treasury shall transfer funds provided under this heading to 
     an account to be designated for the necessary expenses of the 
     Financial Crisis Inquiry Commission established pursuant to 
     section 5 of the Fraud Enforcement and Recovery Act of 2009: 
     Provided further, That the amount under this heading is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to sections 403(a) and 423(b) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                       National Security Council

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $2,936,000, of which $800,000 shall remain available until 
     expended and $2,136,000 shall remain available until 
     September 30, 2010: Provided, That the amount under this 
     heading is designated as being for overseas deployments and 
     other activities pursuant to sections 401(c)(4) and 423(a) of 
     S. Con. Res. 13 (111th Congress), the concurrent resolution 
     on the budget for fiscal year 2010.

                   Pandemic Preparedness and Response

                     (including transfers of funds)

       For an amount to be deposited into an account for 
     ``Pandemic Preparedness and Response'' to be established 
     within the Executive Office of the President for expenses to 
     prepare for and respond to a potential pandemic disease 
     outbreak and to assist international efforts to control the 
     spread of such an outbreak, including for the 2009-H1N1 
     influenza outbreak, $1,500,000,000, to remain available until 
     September 30, 2010, and to be transferred by the Director of 
     the Office of Management and Budget as follows: $900,000,000 
     shall be transferred to and merged with funds made available 
     under the heading ``Department of Health and Human Services, 
     Public Health and Social Services Emergency Fund'' for 
     allocation by the Secretary; $190,000,000 shall be 
     transferred to and merged with funds made available for the 
     United States Department of Homeland Security under the 
     heading ``Departmental Management and Operations, Office of 
     the Secretary and Executive Management'' for allocation by 
     the Secretary; $100,000,000 shall be transferred to and 
     merged with funds made available for the United States 
     Department of Agriculture under the heading ``Agricultural 
     Programs, Production, Processing and Marketing, Office of the 
     Secretary'' for allocation by the Secretary; $50,000,000 
     shall be transferred to and merged with funds made available 
     under the heading ``Department of Health and Human Services, 
     Food and Drug Administration, Salaries and Expenses''; 
     $110,000,000 shall be transferred to and merged with funds 
     made available under the heading ``Department of Veterans 
     Affairs, Veterans Health Administration, Medical Services''; 
     and $150,000,000 shall be transferred to and merged with 
     funds made available under the heading ``Bilateral Economic 
     Assistance, Funds Appropriated to the President, Global 
     Health and Child Survival'', to support programs of the 
     United States Agency for International Development: Provided, 
     That such transfers shall be made not more than 10 days after 
     the date of enactment of this Act: Provided further, That 
     none of the funds provided under this heading shall be 
     available for obligation until 15 days following the 
     submittal of a detailed spending plan by each Department 
     receiving funds to the Committees on Appropriations of the 
     House of Representatives and the Senate: Provided further, 
     That the transfer authority provided under this heading is in 
     addition to any other transfer authority available in this or 
     any other Act: Provided further, That the amount under this 
     heading is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to sections 403(a) 
     and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.

                             THE JUDICIARY

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

                     (including transfer of funds)

       For an additional amount for ``Salaries and Expenses'', 
     $10,000,000, to remain available until September 30, 2010: 
     Provided, That notwithstanding section 302 of division D of 
     Public Law 111-8, funding shall be available for transfer 
     between Judiciary accounts to meet increased workload 
     requirements resulting from immigration and other law 
     enforcement initiatives on the Southwest border: Provided 
     further, That the amount under this heading is designated as 
     being for overseas deployments and other activities pursuant 
     to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                          INDEPENDENT AGENCIES

                   Securities and Exchange Commission

                         salaries and expenses

       For an additional amount for necessary expenses for the 
     Securities and Exchange Commission, $10,000,000, to remain 
     available until

[[Page 12897]]

     September 30, 2010, for investigation of securities fraud: 
     Provided, That the amount under this heading is designated as 
     an emergency requirement and necessary to meet emergency 
     needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 
     13 (111th Congress), the concurrent resolution on the budget 
     for fiscal year 2010.

                     GENERAL PROVISIONS--THIS TITLE

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

                                TITLE VI

                    DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                         salaries and expenses

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

 air and marine interdiction, operations, maintenance, and procurement

       For an additional amount for ``Salaries and Expenses'', 
     $5,000,000, to remain available until September 30, 2010, for 
     response to border security issues on the Southwest border of 
     the United States.

                U.S. Immigration and Customs Enforcement

                         salaries and expenses

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

                              Coast Guard

                           operating expenses

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

                  Federal Emergency Management Agency

                        state and local programs

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

                     GENERAL PROVISIONS--THIS TITLE

                         (including rescission)

       Sec. 601. (a) Rescission.--Of amounts previously made 
     available from ``Federal Emergency Management Agency, 
     Disaster Relief'' to the State of Mississippi pursuant to 
     section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c) for Hurricane 
     Katrina, an additional $100,000,000 are rescinded.
       (b) Appropriation.--For ``Federal Emergency Management 
     Agency, State and Local Programs'', there is appropriated an 
     additional $100,000,000, to remain available until expended, 
     for a grant to the State of Mississippi for an interoperable 
     communications system required in the aftermath of Hurricane 
     Katrina: Provided, That the amount under this heading is 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to sections 403(a) and 423(b) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.
       Sec. 602.  The Department of Homeland Security 
     Appropriations Act, 2009 (Public Law 110-329) is amended 
     under the heading ``Federal Emergency Management Agency, 
     Management and Administration'' after ``the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.),'' by adding ``Cerro Grande Fire 
     Assistance Act of 2000 (division C, title I, 114 Stat. 
     583),''.
       Sec. 603.  Notwithstanding any provision under (a)(1)(A) of 
     15 U.S.C. 2229a specifying that grants must be used to 
     increase the number of fire fighters in fire departments, the 
     Secretary of Homeland Security may, in making grants 
     described under 15 U.S.C. 2229a for fiscal year 2009 or 2010, 
     grant waivers from the requirements of subsection (a)(1)(B), 
     subsection (c)(1), subsection (c)(2), and subsection 
     (c)(4)(A), and may award grants for the hiring, rehiring, or 
     retention of firefighters.
       Sec. 604.  The Administrator of the Federal Emergency 
     Management Agency shall extend through March 2010 
     reimbursement of case management activities conducted by the 
     State of Mississippi under the Disaster Housing Assistance 
     Program to individuals in the program on April 30, 2009.
       Sec. 605.  Section 552 of division E of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161) is amended by 
     striking ``local educational agencies'' and inserting 
     ``primary or secondary school sites'' and by inserting ``and 
     section 406(c)(2)'' after ``section 406(c)(1)''.
       Sec. 606. (a) In General.--Each amount in this title is 
     designated as being for overseas deployments and other 
     activities pursuant to sections 401(c)(4) and 423(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.
       (b) Exception.--Subsection (a) shall not apply to any 
     amount under section 601 of this title.

                               TITLE VII

                       DEPARTMENT OF THE INTERIOR

                        Department-Wide Programs

                        wildland fire management

                     (including transfer of funds)

       For an additional amount to cover necessary expenses for 
     wildfire suppression and emergency rehabilitation activities 
     of the Department of the Interior, $50,000,000, to remain 
     available until expended: Provided, That such funds shall 
     only become available if funds provided previously for 
     wildland fire suppression will be exhausted imminently and 
     after the Secretary of the Interior notifies the Committees 
     on Appropriations of the House of Representatives and the 
     Senate in writing of the need for these additional funds: 
     Provided further, That the Secretary of the Interior may 
     transfer any of these funds to the Secretary of Agriculture 
     if the transfer enhances the efficiency or effectiveness of 
     Federal wildland fire suppression activities: Provided 
     further, That the amount under this heading is designated as 
     an emergency requirement and necessary to meet emergency 
     needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 
     13 (111th Congress), the concurrent resolution on the budget 
     for fiscal year 2010.

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

                     (including transfer of funds)

       For an additional amount to cover necessary expenses for 
     wildfire suppression and emergency rehabilitation activities 
     of the Forest Service, $200,000,000, to remain available 
     until expended: Provided, That such funds shall only become 
     available if funds provided previously for wildland fire 
     suppression will be exhausted imminently and after the 
     Secretary of Agriculture notifies the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in writing of the need for these additional funds: Provided 
     further, That the Secretary of Agriculture may transfer not 
     more than $50,000,000 of these funds to the Secretary of the 
     Interior if the transfer enhances the efficiency or 
     effectiveness of Federal wildland fire suppression 
     activities: Provided further, That the amount under this 
     heading is designated as an emergency requirement and 
     necessary to meet emergency needs pursuant to sections 403(a) 
     and 423(b) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 701.  Public Law 111-8, division E, title III, 
     Department of Health and Human Services, Agency for Toxic 
     Substances and Disease Registry, Toxic Substances and 
     Environmental Public Health is amended by inserting ``per 
     eligible employee'' after ``$1,000''.
       Sec. 702. (a) Section 1606 of division A, title XVI of 
     Public Law 111-5 shall not be applied to projects carried out 
     by youth conservation organizations under agreement with the 
     Department of the Interior or the Forest Service for which 
     funds were provided in title VII.
       (b) For purposes of this provision, the term ``youth 
     conservation organizations'' means not-for-profit 
     organizations that provide conservation service learning 
     opportunities for youth 16 to 25 years of age.

                               TITLE VIII

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

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

[[Page 12898]]

     Provided, That the amount under this heading is designated as 
     being for overseas deployments and other activities pursuant 
     to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                     GENERAL PROVISIONS--THIS TITLE

                          (transfer of funds)

       Sec. 801.  Section 801(a) of division A of Public Law 111-5 
     is amended by inserting ``, and may be transferred by the 
     Department of Labor to any other account within the 
     Department for such purposes'' before the end period.

                     (including transfer of funds)

       Sec. 802. (a) Notwithstanding any other provision of law, 
     during the period from September 1 through September 30, 
     2009, the Secretary of Education shall transfer to the 
     Career, Technical, and Adult Education account an amount not 
     to exceed $17,678,270 from amounts that would otherwise lapse 
     at the end of fiscal year 2009 and that were originally made 
     available under the Department of Education Appropriations 
     Act, 2009 or any Department of Education Appropriations Act 
     for a previous fiscal year.
       (b) Funds transferred under this section to the Career, 
     Technical, and Adult Education account shall be obligated by 
     September 30, 2009.
       (c) Any amounts transferred pursuant to this section shall 
     be for carrying out Adult Education State Grants, and shall 
     be allocated, notwithstanding any other provision of law, 
     only to those States that received funds under that program 
     for fiscal year 2009 that were at least 9.9 percent less than 
     those States received under that program for fiscal year 
     2008.
       (d) The Secretary shall use these additional funds to 
     increase those States' allocations under that program up to 
     the amount they received under that program for fiscal year 
     2008.
       (e) The Secretary shall notify the Committees on 
     Appropriations of both Houses of Congress of any transfer 
     pursuant to this section.

                                TITLE IX

                           LEGISLATIVE BRANCH

                             CAPITOL POLICE

                            General Expenses

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

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

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

                     GENERAL PROVISION--THIS TITLE

       Sec. 901.  The amount available to the Committee on the 
     Judiciary for expenses, including salaries, under section 
     13(b) of Senate Resolution 73, agreed to March 10, 2009, is 
     increased by $500,000.

                                TITLE X

                         MILITARY CONSTRUCTION

                      Military Construction, Army

                         (including rescission)

       For an additional amount for ``Military Construction, 
     Army'', $1,229,731,000, to remain available until September 
     30, 2013: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That none of 
     the funds provided under this heading for military 
     construction projects in Afghanistan shall be obligated or 
     expended until the Secretary of Defense certifies to the 
     Committees on Appropriations of both Houses of Congress that 
     a prefinancing statement for each project has been submitted 
     to the North Atlantic Treaty Organization (NATO) for 
     consideration of funding by the NATO Security Investment 
     Program.
       For an additional amount for ``Military Construction, 
     Army'', $49,000,000, to remain available until September 30, 
     2013: Provided, That notwithstanding any other provision of 
     law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That the 
     preceding amount in this paragraph is designated as an 
     emergency requirement and necessary to meet emergency needs 
     pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010: Provided further, That of the funds 
     appropriated for ``Military Construction, Army'' under Public 
     Law 110-252, $49,000,000 are hereby rescinded.

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $243,083,000, to remain available until 
     September 30, 2013: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects not otherwise authorized by law.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $265,470,000, to remain available until September 
     30, 2013: Provided, That notwithstanding any other provision 
     of law, such funds may be obligated and expended to carry out 
     planning and design and military construction projects not 
     otherwise authorized by law: Provided further, That none of 
     the funds provided under this heading for military 
     construction projects in Afghanistan shall be obligated or 
     expended until the Secretary of Defense certifies to the 
     Committees on Appropriations of both Houses of Congress that 
     a prefinancing statement for each project has been submitted 
     to the North Atlantic Treaty Organization (NATO) for 
     consideration of funding by the NATO Security Investment 
     Program.

                  Military Construction, Defense-Wide

       For an additional amount for ``Military Construction, 
     Defense-Wide'', $181,500,000, to remain available until 
     September 30, 2013: Provided, That notwithstanding any other 
     provision of law, such funds may be obligated and expended to 
     carry out planning and design and military construction 
     projects not otherwise authorized by law: Provided further, 
     That $1,781,500,000 is hereby authorized for fiscal years 
     2009 through 2013 for the purposes of this appropriation.

     North Atlantic Treaty Organization Security Investment Program

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

            Department of Defense Base Closure Account 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906A(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $230,900,000, to remain available until expended: 
     Provided, That notwithstanding any other provision of law, 
     such funds may be obligated and expended to carry out 
     operation and maintenance, planning and design and military 
     construction projects not otherwise authorized by law.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1001.  None of the funds appropriated in this or any 
     other Act may be used to disestablish, reorganize, or 
     relocate the Armed Forces Institute of Pathology, except for 
     the Armed Forces Medical Examiner, until the President has 
     established, as required by section 722 of the National 
     Defense Authorization Act for Fiscal Year 2008 (Public Law 
     110-181; 122 Stat. 199; 10 U.S.C. 176 note), a Joint 
     Pathology Center, and the Joint Pathology Center is 
     demonstrably performing the minimum requirements set forth in 
     section 722 of the National Defense Authorization Act for 
     Fiscal Year 2008.
       Sec. 1002. (a) In General.--Unless otherwise designated, 
     each amount in this title is designated as being for overseas 
     deployments and other activities pursuant to sections 
     401(c)(4) and 423(a) of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
       (b) Exception.--Subsection (a) shall not apply to any 
     amount under the heading ``Military Construction, Defense-
     Wide''.

                                TITLE XI

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

       For an additional amount for ``Diplomatic and Consular 
     Programs'', $645,444,000, to remain available until September 
     30, 2010, of which $117,983,000 is for World Wide Security 
     Protection and shall remain available until expended: 
     Provided, That the Secretary of State may transfer up to 
     $135,629,000 of the total funds made available under this 
     heading to any other appropriation of any department or 
     agency of the United States, upon the concurrence of the head 
     of such department or agency, to support operations in and 
     assistance for Afghanistan and to carry out the provisions of 
     the Foreign Assistance Act of 1961: Provided further, That of 
     the funds appropriated under this heading, not more than 
     $10,000,000 for public diplomacy activities may be 
     transferred to, and merged with, funds made available under 
     the heading ``International Broadcasting Operations'' for 
     broadcasting activities to the Pakistan-Afghanistan border 
     region: Provided further, That of the funds appropriated 
     under this heading, $57,000,000 shall be made available for 
     aircraft acquisition, maintenance, operations and leases in 
     Afghanistan for the Department of State and the United States 
     Agency for International Development (USAID), and the uses 
     and oversight of such aircraft shall be the responsibility of 
     the United States Chief of Mission in Afghanistan: Provided 
     further, That of the funds made available pursuant to the 
     previous proviso, $40,000,000 shall be transferred to, and

[[Page 12899]]

     merged with, funds made available under the heading ``United 
     States Agency for International Development, Funds 
     Appropriated to the President, Operating Expenses'' for the 
     purpose of USAID's air services: Provided further, That such 
     aircraft utilized by USAID may be used to transport Federal 
     and non-Federal personnel supporting USAID programs and 
     activities: Provided further, That official travel of other 
     agencies for other purposes may be supported on a 
     reimbursable basis, or without reimbursement when traveling 
     on a space available basis.

                      office of inspector general

                     (including transfer of funds)

       For an additional amount for ``Office of Inspector 
     General'', $22,200,000, to remain available until September 
     30, 2010, of which $7,000,000 shall be transferred to the 
     Special Inspector General for Iraq Reconstruction for 
     reconstruction oversight, and $7,200,000 shall be transferred 
     to the Special Inspector General for Afghanistan 
     Reconstruction for reconstruction oversight: Provided, That 
     the Special Inspector General for Afghanistan Reconstruction 
     may exercise the authorities of subsections (b) through (i) 
     of section 3161 of title 5, United States Code (without 
     regard to subsection (a) of such section) for funds made 
     available for fiscal years 2009 and 2010.

            embassy security, construction, and maintenance

       For an additional amount for ``Embassy Security, 
     Construction, and Maintenance'', $820,500,000, to remain 
     available until expended, for worldwide security upgrades, 
     acquisition, and construction as authorized, and shall be 
     made available for secure diplomatic facilities and housing 
     for United States mission staff in Afghanistan and Pakistan, 
     and for mobile mail screening units.

                      International Organizations

        contributions for international peacekeeping activities

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

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

       For an additional amount for ``Operating Expenses'', 
     $112,600,000, to remain available until September 30, 2010.

                        capital investment fund

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

                      office of inspector general

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

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                    global health and child survival

       For an additional amount for ``Global Health and Child 
     Survival'', $50,000,000, to remain available until September 
     30, 2010, notwithstanding any other provision of law, except 
     for the United States Leadership Against HIV/AIDS, 
     Tuberculosis and Malaria Act of 2003 (Public Law 108-25), for 
     a United States contribution to the Global Fund to Fight 
     AIDS, Tuberculosis and Malaria.

                         development assistance

       For an additional amount for ``Development Assistance'', 
     $38,000,000, to remain available until September 30, 2010, 
     for assistance for Kenya.

                   international disaster assistance

       For an additional amount for ``International Disaster 
     Assistance'', $245,000,000, to remain available until 
     expended.

                         economic support fund

                     (including transfer of funds)

       For an additional amount for ``Economic Support Fund'', 
     $2,828,000,000, to remain available until September 30, 2010: 
     Provided, That of the funds appropriated under this heading, 
     not less than $866,000,000 may be made available for 
     assistance for Afghanistan, of which not less than 
     $100,000,000 shall be made available to support programs that 
     directly address the needs of Afghan women and girls, 
     including for the Afghan Independent Human Rights Commission, 
     the Afghan Ministry of Women's Affairs, and for women-led 
     nongovernmental organizations: Provided further, That of the 
     funds appropriated under this heading, not less than 
     $115,000,000 shall be made available for the Afghan 
     Reconstruction Trust Fund, of which not less than $70,000,000 
     shall be made available for the National Solidarity Program: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $11,000,000 shall be made available 
     for the Afghan Civilian Assistance Program: Provided further, 
     That of the funds appropriated under this heading, not less 
     than $439,000,000 shall be made available for assistance for 
     Pakistan, of which not more than $215,000,000 shall be made 
     available for economic growth programs, including basic 
     education to counter the influence of madrassas; not less 
     than $50,000,000 shall be made available for assistance for 
     internally displaced persons; and not less than $10,000,000 
     shall be made available for democracy programs, including to 
     strengthen democratic political parties: Provided further, 
     That of the funds appropriated under this heading that are 
     available for assistance for Afghanistan and Pakistan, not 
     less than $20,000,000 shall be made available for a cross 
     border development program to be administered by the Special 
     Representative for Afghanistan and Pakistan at the Department 
     of State: Provided further, That of the funds appropriated 
     under this heading, not less than $439,000,000 shall be made 
     available for assistance for Iraq, of which not less than 
     $50,000,000 shall be for the Community Action Program and not 
     less than $10,000,000 shall be for the Marla Ruzicka Iraqi 
     War Victims Fund: Provided further, That of the funds 
     appropriated under this heading, not less than $150,000,000 
     shall be made available for assistance for Jordan to mitigate 
     the impact of the global economic crisis, including for 
     health, education, water and sanitation, and other assistance 
     for Iraqi and other refugees in Jordan: Provided further, 
     That of the funds appropriated under this heading, not less 
     than $15,000,000 shall be made available for assistance for 
     Yemen; not less than $10,000,000 shall be made available for 
     assistance for Somalia; and not less than $10,000,000 shall 
     be made available for programs and activities to assist 
     victims of gender-based violence in the Democratic Republic 
     of the Congo: Provided further, That funds made available 
     pursuant to the previous proviso shall be administered by the 
     United States Agency for International Development: Provided 
     further, That none of the funds appropriated in this title 
     for democracy and civil society programs may be made 
     available for the construction of facilities in the United 
     States.

            assistance for europe, eurasia, and central asia

       For an additional amount for ``Assistance for Europe, 
     Eurasia and Central Asia'', $230,000,000, to remain available 
     until September 30, 2010, of which $200,000,000 may be made 
     available for assistance for Georgia and other Eurasian 
     countries: Provided, That of the funds appropriated under 
     this heading, $30,000,000 may be made available for 
     assistance for the Kyrgyz Republic to provide a long-range 
     air traffic control and safety system to support air 
     operations in the Kyrgyz Republic, including at Manas 
     International Airport, notwithstanding any other provision of 
     law.

                          Department of State

          international narcotics control and law enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $393,500,000, to remain 
     available until September 30, 2010: Provided, That of the 
     funds appropriated under this heading, not more than 
     $109,000,000 may be made available for assistance for the 
     West Bank and not more than $66,000,000 may be made available 
     for assistance for Mexico.

    nonproliferation, anti-terrorism, demining and related programs

       For an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'', $102,000,000, to 
     remain available until September 30, 2010: Provided, That of 
     this amount, not more than $77,000,000, to remain available 
     until expended, may be made available for the 
     Nonproliferation and Disarmament Fund, notwithstanding any 
     other provision of law, of which not more than $50,000,000 
     may be made available to enhance security along the Gaza 
     border: Provided further, That the Secretary of State shall 
     work assiduously to facilitate the regular flow of people and 
     licit goods in and out of Gaza at established border 
     crossings and shall submit a report to the Committees on 
     Appropriations not later than 45 days after enactment of this 
     Act, and every 45 days thereafter until September 30, 2010, 
     detailing progress in this effort.

                    migration and refugee assistance

       For an additional amount for ``Migration and Refugee 
     Assistance'', $345,000,000, to remain available until 
     expended.

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President

                        peacekeeping operations

                     (including transfer of funds)

       For an additional amount for ``Peacekeeping Operations'', 
     $172,900,000, to remain available until September 30, 2010, 
     of which $155,900,000 may be made available to support the 
     African Union Mission to Somalia and which may be transferred 
     to, and merged with, funds appropriated under the heading 
     ``Contributions for International Peacekeeping Activities'' 
     for peacekeeping in Somalia: Provided, That of the funds 
     appropriated under this heading, $15,000,000 shall be made 
     available for assistance for the Democratic Republic of the 
     Congo and $2,000,000 shall be made available for the 
     Multinational Force and Observer mission in the Sinai.

             international military education and training

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

                   foreign military financing program

       For an additional amount for ``Foreign Military Financing 
     Program'', $98,000,000, to

[[Page 12900]]

     remain available until September 30, 2009, for assistance for 
     Lebanon.

                     GENERAL PROVISIONS--THIS TITLE

                              afghanistan

       Sec. 1101. (a) In General.--Funds appropriated under the 
     heading ``Economic Support Fund'' that are available for 
     assistance for Afghanistan shall be made available, to the 
     maximum extent practicable, in a manner that utilizes Afghan 
     entities and emphasizes the participation of Afghan women and 
     directly improves the security, economic and social well-
     being, and political status, of Afghan women and girls.
       (b) Limitation on Contracts and Grants.--Funds appropriated 
     under the heading ``Economic Support Fund'' that are 
     available for assistance for Afghanistan shall not be used to 
     initiate or make an amendment to any contract, grant or 
     cooperative agreement in an amount exceeding $10,000,000.
       (c) Assistance for Women and Girls.--
       (1) Of the funds appropriated under the heading 
     ``International Narcotics Control and Law Enforcement'' that 
     are available for assistance for Afghanistan, not less than 
     $10,000,000 shall be made available to train and support 
     Afghan women investigators, police officers, prosecutors and 
     judges with responsibility for investigating, prosecuting, 
     and punishing crimes of violence against women and girls.
       (2) Of the funds appropriated under the heading ``Economic 
     Support Fund'' that are available for assistance for 
     Afghanistan, not less than $5,000,000 shall be made available 
     for capacity building for Afghan women-led nongovernmental 
     organizations, and not less than $25,000,000 shall be made 
     available to support programs and activities of such 
     organizations, including to provide legal assistance and 
     training for Afghan women and girls about their rights, and 
     to promote women's health (including mental health), 
     education, and leadership.
       (d) Anticorruption.--Ten percent of the funds appropriated 
     under the heading ``International Narcotics Control and Law 
     Enforcement'' that are available for assistance for the 
     Government of Afghanistan shall be withheld from obligation 
     until the Secretary of State reports to the Committees on 
     Appropriations that the Government of Afghanistan is 
     implementing a policy to promptly remove from office any 
     government official who is credibly alleged to have engaged 
     in narcotics trafficking, gross violations of human rights, 
     or other major crimes.
       (e) Acquisition of Property.--Not more than $10,000,000 of 
     the funds appropriated in this title may be made available to 
     pay for the acquisition of property for diplomatic facilities 
     in Afghanistan.
       (f) United Nations Development Program.--None of the funds 
     appropriated in this title may be made available for programs 
     and activities of the United Nations Development Program 
     (UNDP) in Afghanistan unless the Secretary of State reports 
     to the Committees on Appropriations that UNDP is fully 
     cooperating with efforts of the United States Agency for 
     International Development (USAID) to investigate expenditures 
     by UNDP of USAID funds associated with the Quick Impact 
     Program in Afghanistan, and has agreed to reimburse USAID, if 
     appropriate.

                              allocations

       Sec. 1102. (a) Funds appropriated in this title for the 
     following accounts shall be made available for programs and 
     countries in the amounts contained in the respective tables 
     included in the report accompanying this Act:
       (1) ``Diplomatic and Consular Programs''.
       (2) ``Embassy Security, Construction, and Maintenance''.
       (3) ``Economic Support Fund''.
       (4) ``International Narcotics Control and Law 
     Enforcement''.
       (b) For the purposes of implementing this section, and only 
     with respect to the tables included in the report 
     accompanying this Act, the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, as appropriate, may propose deviations to the 
     amounts referenced in subsection (a), subject to the regular 
     notification procedures of the Committees on Appropriations 
     and section 634A of the Foreign Assistance Act of 1961.

                                 burma

       Sec. 1103. (a) Funds appropriated under the heading 
     ``Economic Support Fund'' for humanitarian assistance for 
     Burma may be made available notwithstanding any other 
     provision of law.
       (b) Not later than 30 days after enactment of this Act, the 
     Secretary of State shall submit to the Committees on 
     Appropriations a report that details the findings and 
     recommendations of the Department of State's review of United 
     States policy toward Burma.

                        extension of authorities

       Sec. 1104.  Funds appropriated in this title may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672, section 15 of the State Department Basic 
     Authorities Act of 1956, section 313 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236), and section 504(a)(1) of the National Security Act 
     of 1947 (50 U.S.C. 414(a)(1)).

                        global financial crisis

       Sec. 1105. (a) In General.--Of the funds appropriated under 
     the heading ``Economic Support Fund'', not more than 
     $285,000,000 may be made available for assistance for 
     vulnerable populations in developing countries severely 
     affected by the global financial crisis: Provided, That funds 
     made available pursuant to this section may be obligated only 
     after the Administrator of the United States Agency for 
     International Development (USAID) submits a report to the 
     Committees on Appropriations detailing a spending plan for 
     each such country including criteria for eligibility, 
     proposed amounts and purposes of assistance, and mechanisms 
     for monitoring the uses of such assistance, and indicating 
     that USAID has reviewed its existing programs in such country 
     to determine reprogramming opportunities to increase 
     assistance for vulnerable populations: Provided further, That 
     funds made available pursuant to this section shall be 
     transferred to, and merged with, the following accounts:
       (1) Not less than $12,000,000 for the ``Development Credit 
     Authority'', for the cost of direct loans and loan guarantees 
     notwithstanding the dollar limitations in such account on 
     transfers to the account and the principal amount of loans 
     made or guaranteed with respect to any single country or 
     borrower: Provided, That such transferred funds may be made 
     available to subsidize total loan principal, any portion of 
     which is to be guaranteed, of up to $3,300,000,000: Provided 
     further, That the authority provided in this subsection is in 
     addition to authority provided under the heading 
     ``Development Credit Authority'' in Public Law 111-8: 
     Provided further, That and up to $1,500,000 may be made 
     available for administrative expenses to carry out credit 
     programs administered by the United States Agency for 
     International Development; and
       (2) Not more than $20,000,000 for the ``Overseas Private 
     Investment Corporation Program Account'', notwithstanding 
     section 708(b) of Public Law 111-8: Provided, That such funds 
     shall not be available for administrative expenses of the 
     Overseas Private Investment Corporation.
       (b) Reprogramming Authority.--Notwithstanding any other 
     provision of law and in addition to funds otherwise available 
     for such purposes, funds appropriated under the heading 
     ``Millennium Challenge Corporation'' (MCC) in prior Acts 
     making appropriations for the Department of State, foreign 
     operations, export financing, and related programs may be 
     transferred to, and merged with, funds appropriated under the 
     heading ``Economic Support Fund'' that are made available 
     pursuant to this section.
       (1) The authority contained in subsection (b) may only be 
     exercised for a country that has signed a compact with the 
     MCC or has been designated by the MCC as a threshold country, 
     and such a reprogramming of funds should be made, if 
     practicable, prior to making available additional assistance 
     for such purposes.
       (2) The MCC shall consult with the Committees on 
     Appropriations prior to exercising the authority of this 
     subsection.

                                  iraq

       Sec. 1106. (a) In General.--Funds appropriated in this 
     title that are available for assistance for Iraq shall be 
     made available, to the maximum extent practicable, in a 
     manner that utilizes Iraqi entities.
       (b) Matching Requirement.--Funds appropriated in this title 
     for assistance for Iraq shall be made available in accordance 
     with the Department of State's April 9, 2009, ``Guidelines 
     for Government of Iraq Financial Participation in United 
     States Government-Funded Civilian Foreign Assistance Programs 
     and Projects''.
       (c) Other Assistance.--Of the funds appropriated in this 
     title under the heading ``Economic Support Fund'', not less 
     than $20,000,000 shall be made available for targeted 
     development programs and activities in areas of conflict in 
     Iraq, and the responsibility for policy decisions and 
     justifications for the use of such funds shall be the 
     responsibility of the United States Chief of Mission in Iraq.

                  prohibition on assistance for hamas

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

[[Page 12901]]

     certification and every quarter thereafter on whether such 
     government, including all of its ministers or such 
     equivalent, are continuing to comply with the principles 
     contained in section 620K(b)(1)(A) and (B). The report shall 
     also detail the amount, purposes and delivery mechanisms for 
     any assistance provided pursuant to the abovementioned 
     certification and a full accounting of any direct support of 
     such government.

                                 mexico

       Sec. 1108. (a) Not later than 60 days after enactment of 
     this Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations detailing actions taken by the 
     Government of Mexico since June 30, 2008, to investigate and 
     prosecute violations of internationally recognized human 
     rights by members of the Mexican Federal police and military 
     forces, and to support a thorough, independent, and credible 
     investigation of the murder of American citizen Bradley 
     Roland Will.
       (b) None of the funds appropriated in this title may be 
     made available for the cost of fuel for helicopters provided 
     to Mexico, or for logistical support, including operations 
     and maintenance, of aircraft purchased by the Government of 
     Mexico.
       (c) In order to enhance border security and cooperation in 
     law enforcement efforts between Mexico and the United States, 
     funds appropriated in this title that are available for 
     assistance for Mexico may be made available for the 
     procurement of law enforcement communications equipment only 
     if such equipment utilizes open standards and is compatible 
     with, and capable of operating with, radio communications 
     systems and related equipment utilized by Federal law 
     enforcement agencies in the United States to enhance border 
     security and cooperation in law enforcement efforts between 
     Mexico and the United States.

              multilateral development bank replenishments

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

     ``SEC. 24. FIFTEENTH REPLENISHMENT.

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

     ``SEC. 25. MULTILATERAL DEBT RELIEF.

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

     ``SEC. 219. ELEVENTH REPLENISHMENT.

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

     ``SEC. 220. MULTILATERAL DEBT RELIEF INITIATIVE.

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

           promotion of policy goals at the world bank group

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

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

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

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

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

        climate change mitigation and greenhouse gas accounting

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

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

       ``(a) Use of Greenhouse Gas Accounting.--The Secretary of 
     the Treasury shall seek to ensure that multilateral 
     development banks (as defined in section 1701(c)(4) of this 
     Act) adopt and implement greenhouse

[[Page 12902]]

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

                  multilateral development bank reform

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

                 overseas comparability pay adjustment

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

                 assessment on afghanistan and pakistan

       Sec. 1114. (a) Finding.--The Congress supports economic and 
     security assistance for Afghanistan and Pakistan, but long-
     term stability and security in those countries is tied more 
     to the capacity and conduct of the Afghan and Pakistani 
     governments and the resolve of both societies for peace and 
     stability, to include combating extremist networks, than it 
     is to the policies of the United States.
       (b) Report.--The President shall submit a report to the 
     appropriate congressional committees, not later than 90 days 
     after the date of enactment of this Act and every 6 months 
     thereafter until September 30, 2010, in classified form if 
     necessary, assessing the extent to which the Afghan and 
     Pakistani governments are demonstrating the necessary 
     commitment, capability, conduct and unity of purpose to 
     warrant the continuation of the President's policy announced 
     on March 27, 2009, to include:
       (1) The level of political consensus and unity of purpose 
     across ethnic, tribal, religious and political party 
     affiliations to confront the political and security 
     challenges facing the region;
       (2) The level of official corruption that undermines such 
     political consensus and unity of purpose, and actions taken 
     to eliminate it;
       (3) The actions taken by the respective security forces and 
     appropriate government entities in developing a 
     counterinsurgency capability, conducting counterinsurgency 
     operations, and establishing security and governance on the 
     ground;
       (4) The actions taken by the respective intelligence 
     agencies in cooperating with the United States on 
     counterinsurgency and counterterrorism operations and in 
     terminating policies and programs, and removing personnel, 
     that provide material support to extremist networks that 
     target United States troops or undermine United States 
     objectives in the region;
       (5) The ability of the Afghan and Pakistani governments to 
     effectively control and govern the territory within their 
     respective borders; and
       (6) The ways in which United States Government assistance 
     contributed, or failed to contribute, to achieving the goals 
     outlined above.
       (c) Policy Assessment.--The President, on the basis of 
     information gathered and coordinated by the National Security 
     Council, shall advise the Congress on how such assessment 
     requires, or does not require, changes to such policy.
       (d) Definition.--For purposes of this section, 
     ``appropriate congressional committees'' means the Committees 
     on Appropriations, Foreign Relations and Armed Services of 
     the Senate, and the Committees on Appropriations, Foreign 
     Affairs and Armed Services of the House of Representatives.

                        assistance for pakistan

       Sec. 1115. (a) Findings.--
       (1) The United States and the international community have 
     welcomed and supported Pakistan's return to civilian rule 
     since the democratic elections of February 18, 2008;
       (2) Since 2001, the United States has provided more than 
     $12,000,000,000 in economic and security assistance to 
     Pakistan;
       (3) Afghanistan and Pakistan are facing grave threats to 
     their internal security from a growing insurgency fueled by 
     al Qaeda, the Taliban and other violent extremist groups 
     operating in areas along the Afghanistan-Pakistan border; and
       (4) The United States is committed to supporting vigorous 
     efforts by the Government of Pakistan to secure Pakistan's 
     western border and counter violent extremism, expand 
     government services, support economic development, combat 
     corruption and uphold the rule of law in such areas.
       (b) Report.--Not later than 90 days after enactment of this 
     Act, the Secretary of State shall submit a report, in 
     classified form if necessary, to the Committees on 
     Appropriations detailing--
       (1) a spending plan for the proposed uses of funds 
     appropriated in this title under the headings ``Economic 
     Support Fund'' and ``International Narcotics Control and Law 
     Enforcement'' that are available for assistance for Pakistan 
     including amounts, the purposes for which funds are to be 
     made available, and intended results;
       (2) the actions to be taken by the United States and the 
     Government of Pakistan relating to such assistance;
       (3) the metrics for measuring progress in achieving such 
     results; and
       (4) the mechanisms for monitoring such funds.

                           special authority

       Sec. 1116. (a) Notwithstanding any other provision of law, 
     funds appropriated under the headings ``Global HIV/AIDS 
     Initiative'' or ``Global Health and Child Survival'' in prior 
     Acts making appropriations for the Department of State, 
     foreign operations, export financing and related programs for 
     assistance for Kenya to carry out the President's Emergency 
     Plan for AIDS Relief may be transferred to, and merged with, 
     funds made available under the heading ``Economic Support 
     Fund'' to respond to instability in Kenya arising from 
     conflict or civil strife.
       (b) The Secretary of State shall consult with the 
     Committees on Appropriations prior to exercising the 
     authority of this section.

               spending plan and notification procedures

       Sec. 1117. (a) Spending Plan.--Not later than 45 days after 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development, shall submit to the 
     Committees on Appropriations a report detailing planned 
     expenditures for

[[Page 12903]]

     funds appropriated in this title, except for funds 
     appropriated under the headings ``International Disaster 
     Assistance'' and ``Migration and Refugee Assistance''.
       (b) Notification.--Funds appropriated in this title, with 
     the exception of funds appropriated under the headings 
     ``International Disaster Assistance'' and ``Migration and 
     Refugee Assistance'', shall be subject to the regular 
     notification procedures of the Committees on Appropriations 
     and section 634A of the Foreign Assistance Act of 1961.

                          technical provisions

       Sec. 1118. (a) Modifications.--The funding limitation in 
     section 7046(a) of Public Law 111-8 shall not apply to funds 
     made available for assistance for Colombia through the United 
     States Agency for International Development's Office of 
     Transition Initiatives: Provided, That title III of division 
     H of Public Law 111-8 is amended under the heading ``Economic 
     Support Fund'' in the second proviso by striking ``up to 
     $20,000,000'' and inserting ``not less than $20,000,000''.
       (b) Notification Requirement.--Funds appropriated by this 
     Act that are transferred to the Department of State or the 
     United States Agency for International Development shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations, notwithstanding any other 
     provision of law.
       (c) Authority.--Funds appropriated in this title, and 
     subsequent and prior acts appropriating funds for Department 
     of State, Foreign Operations, and Related Programs and under 
     the heading ``Public Law 480 Title II Grants'' in this, 
     subsequent, and prior Acts appropriating funds for 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies, shall be made available notwithstanding 
     the requirements of and amendments made by section 3511 of 
     Public Law 110-417.
       (d) Reemployment of Annuitants.--
       (1) Section 824 of the Foreign Service Act of 1980 (22 
     U.S.C. 4064) is amended in subsection (g)(1)(B) by inserting 
     ``, Pakistan,'' after ``Iraq'' each place it appears; by 
     inserting ``to positions in the Response Readiness Corps,'' 
     before ``or to posts vacated''; and, in subsection (g)(2) by 
     striking ``2009'' and inserting instead ``2012''.
       (2) Section 61 of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1) 
     by adding ``, Pakistan,'' after ``Iraq'' each place it 
     appears; by inserting ``, to positions in the Response 
     Readiness Corps,'' before ``or to posts vacated''; and, in 
     subsection (a)(2) by striking ``2008'' and inserting instead 
     ``2012''.
       (3) Section 625 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2385) is amended in subsection (j)(1)(A) by adding ``, 
     Pakistan,'' after ``Iraq'' each place it appears; by 
     inserting ``, to positions in the Response Readiness Corps,'' 
     before ``or to posts vacated''; and, in subsection (J)(1)(B) 
     by striking ``2008'' and inserting instead ``2012''.
       (e) Incentives for Critical Posts.--Notwithstanding 
     sections 5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United 
     States Code, appropriations made available by this or any 
     other Act may be used to pay recruitment, relocation, and 
     retention bonuses under chapter 57 of title 5, United States 
     Code to members of the Foreign Service, other than chiefs of 
     mission and ambassadors at large, who are on official duty in 
     Iraq, Afghanistan, or Pakistan. This authority shall 
     terminate on October 1, 2012.
       (f) Of the funds appropriated under the heading ``Foreign 
     Military Financing Program'' in Public Law 110-161 that are 
     available for assistance for Colombia, $500,000 may be 
     transferred to, and merged with, funds appropriated under the 
     heading ``International Narcotics Control and Law 
     Enforcement'' to provide medical and rehabilitation 
     assistance for members of Colombian security forces who have 
     suffered severe injuries.

                          terms and conditions

       Sec. 1119.  Unless otherwise provided for in this Act, 
     funds appropriated or otherwise made available in this title 
     shall be available under the authorities and conditions 
     provided in the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2009 (division H of 
     Public Law 111-8), except that sections 7042(a) and (c) and 
     7070(e)(2) of such Act shall not apply to such funds.

                          overseas deployments

       Sec. 1120.  Each amount in this title is designated as 
     being for overseas deployments and other activities pursuant 
     to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                               TITLE XII

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                        payments to air carriers

                    (airport and airway trust fund)

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

                    Federal Aviation Administration

                       grants-in-aid for airports

                    (airport and airway trust fund)

                              (rescission)

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

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 1201.  Section 1937 of Public Law 109-59 (119 Stat. 
     1144, 1510) is amended--
       (1) in paragraph (1) by striking ``expenditures'' each 
     place that it appears and inserting ``allocations''; and
       (2) in paragraph (2) by striking ``expenditure'' and 
     inserting ``allocation''.
       Sec. 1202.  A recipient and subrecipient of funds 
     appropriated in Public Law 111-5 and apportioned pursuant to 
     section 5311 and section 5336 (other than subsection (i)(1) 
     and (j)) of title 49, United States Code, may use up to 10 
     percent of the amount apportioned for the operating costs of 
     equipment and facilities for use in public transportation: 
     Provided, That a grant obligating such funds prior to the 
     date of the enactment of this Act may be amended to allow a 
     recipient and subrecipient to use the funds made available 
     for operating assistance: Provided further, That such funds 
     are designated as an emergency requirement pursuant to 
     section 403 of S. Con. Res. 13 (111th Congress), the 
     concurrent resolution on the budget for fiscal year 2010.
       Sec. 1203.  Public Law 110-329, under the heading 
     ``Project-Based Rental Assistance'', is amended by striking 
     ``project-based vouchers'' and all that follows up to the 
     period and inserting ``activities and assistance for the 
     provision of tenant-based rental assistance, including 
     related administrative expenses, as authorized under the 
     United States Housing Act of 1937, as amended (42 U.S.C. 1437 
     et seq.), $80,000,000, to remain available until expended: 
     Provided, That such funds shall be made available within 60 
     days of the enactment of this Act: Provided further, That in 
     carrying out the activities authorized under this heading, 
     the Secretary shall waive section (o)(13)(B) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B))'': 
     Provided, That such additional funds are designated as an 
     emergency requirement pursuant to section 403 of S. Con. Res. 
     13 (111th Congress), the concurrent resolution on the budget 
     for fiscal year 2010.
       Sec. 1204.  Public Law 111-5 is amended by striking the 
     second proviso under the heading ``HOME Investment 
     Partnerships Program'' and inserting ``Provided further, That 
     the housing credit agencies in each State shall distribute 
     these funds competitively under this heading and pursuant to 
     their qualified allocation plan (as defined in section 42(m) 
     of the Internal Revenue Code of 1986) to owners of projects 
     who have received or receive simultaneously an award of low-
     income housing tax credits under sections 42(h) and 1400N of 
     the Internal Revenue Code of 1986:''.

                               TITLE XIII

                             OTHER MATTERS

                   INTERNATIONAL ASSISTANCE PROGRAMS

                    INTERNATIONAL MONETARY PROGRAMS

            United States Quota, International Monetary Fund

       For an increase in the United States quota in the 
     International Monetary Fund, the dollar equivalent of 
     4,973,100,000 Special Drawing Rights, to remain available 
     until expended: Provided, That the cost of the amounts 
     provided herein shall be determined as provided under the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): 
     Provided further, That for purposes of section 502(5) of the 
     Federal Credit Reform Act of 1990, the discount rate in 
     section 502(5)(E) shall be adjusted for market risks: 
     Provided further, That section 504(b) of the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply.

                  Loans to International Monetary Fund

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

         GENERAL PROVISIONS--INTERNATIONAL ASSISTANCE PROGRAMS

       Sec. 1301.  Section 17 of the Bretton Woods Agreements Act 
     (22 U.S.C. 286e-2) is amended--
       (1) in subsection (a)--

[[Page 12904]]

       (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 decision of 
     the Executive Directors of the International Monetary Fund to 
     expand the resources of and make other amendments to the New 
     Arrangements to Borrow, which was established pursuant to the 
     decision of January 27, 1997 referred to in paragraph (1) 
     above, 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 as to 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. 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 as to 
     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 International Monetary Fund. Any payments made to the 
     United States by the International Monetary 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 
     International Monetary Fund.''.
       Sec. 1302.  The Bretton Woods Agreements Act (22 U.S.C. 286 
     et seq.) is amended by adding at the end the following:

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

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

     ``SEC. 65. QUOTA INCREASE.

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

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

       ``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 of the Fund's 
     Articles of Agreement in April 1978, 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. 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 U.S. Governor is authorized 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, only after the 
     Secretary of the Treasury has consulted with the chairman and 
     ranking minority member of the Committee on Foreign Relations 
     and the Committee on Banking, Housing, and Urban Affairs of 
     the Senate and the Committee on Financial Services of the 
     House of Representatives, and the appropriate subcommittees 
     thereof, at least 60 days prior to any authorization by the 
     United States Executive Director of distribution of gold sale 
     proceeds.

     ``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.''.
       Sec. 1303. (a) Not later than 30 days after enactment of 
     this Act, the Secretary of the Treasury, in consultation with 
     the Executive Director of the World Bank and the Executive 
     Board of the International Monetary Fund (IMF), shall submit 
     a report to the appropriate congressional committees 
     detailing the steps taken to coordinate the activities of the 
     World Bank and the IMF to avoid duplication of missions and 
     programs, and steps taken by the Department of the Treasury 
     and the IMF to increase the oversight and accountability of 
     IMF activities.
       (b) For the purposes of this section, the ``appropriate 
     congressional committees'' means the Committees on 
     Appropriations, Banking, Housing, and Urban Affairs, and 
     Foreign Relations of the Senate, and the Committees on 
     Appropriations, Foreign Affairs, and Ways and Means of the 
     House of Representatives.
       (c) In the next report to Congress on international 
     economic and exchange rate policies, the Secretary of the 
     Treasury shall: (1) report on ways in which the IMF's 
     surveillance function under Article IV could be enhanced and 
     made more effective in terms of avoiding currency 
     manipulation; (2) report on the feasibility and usefulness of 
     publishing the IMF's internal calculations of indicative 
     exchange rates; and (3) provide recommendations on the steps 
     that the IMF can take to promote global financial stability 
     and conduct effective multilateral surveillance.
       Sec. 1304.  Each amount in this title is designated as 
     being for overseas deployments and other activities pursuant 
     to sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                      GENERAL PROVISION--THIS ACT

                         availability of funds

       Sec. 1305.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
        This Act may be cited as the ``Supplemental Appropriations 
     Act, 2009''.
                                 ______
                                 
  SA 1132. Mr. INHOFE (for himself, Mr. Barrasso, Mr. Brownback, Mr. 
DeMint, Mr. Johanns, Mr. Roberts, Mr. Thune, Mr. Vitter, Mr. Sessions, 
Mr. Coburn, Mrs. Hutchison, Mr. Bennett, Mr. Hatch, and Mr. Enzi) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2346, making supplemental appropriations for the fiscal year ending 
September 30, 2009, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __.  None of the funds appropriated or otherwise made 
     available to any department or agency of the United States 
     Government by this Act or any other Act may be obligated or 
     expended for any of the following purposes:
       (1) To transfer any detainee of the United States housed at 
     Naval Station, Guantanamo Bay, Cuba, to any facility in the 
     United States or its territories.
       (2) To construct, improve, modify, or otherwise enhance any 
     facility in the United States or its territories for the 
     purpose of housing any detainee described in paragraph (1).
       (3) To house or otherwise incarcerate any detainee 
     described in paragraph (1) in the United States or its 
     territories.
                                 ______
                                 
  SA 1133. Mr. INOUYE (for himself, Mr. Inhofe, Mr. Shelby, Mr. 
Brownback, Mr. Enzi, and Mr. Roberts) proposed an amendment to the bill 
H.R. 2346, making supplemental appropriations for the fiscal year 
ending September 30, 2009, and for other purposes; as follows:

       Strike section 202 and insert the following:
       Sec. 202. (a)(1) None of the funds appropriated or 
     otherwise made available by this Act or any prior Act may be 
     used to transfer, release, or incarcerate any individual who 
     was detained as of May 19, 2009, at Naval Station, Guantanamo 
     Bay, Cuba, to or within the United States.
       (2) In this subsection, the term ``United States'' means 
     the several States and the District of Columbia.
       (b) The amount appropriated or otherwise made available by 
     title II for the Department of Justice for general 
     administration under the heading ``salaries and expenses'' is 
     hereby reduced by $30,000,000.
       (c) The amount appropriated or otherwise made available by 
     title III under the heading ``Operation and Maintenance, 
     Defense-Wide'' under paragraph (3) is hereby reduced by 
     $50,000,000.
                                 ______
                                 
  SA 1134. Mr. SHELBY (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed by him to the bill H.R. 246, making 
supplemental appropriations for the fiscal

[[Page 12905]]

year ending September 30, 2009, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 7, line 25 after the ``.'' insert the following: 
     ``SEC. 203 None of the funds appropriated in this or any 
     other Act shall be used to carry out any of the Department of 
     Justice responsibilities required by Executive Orders 13491, 
     13492 and 13493.''
                                 ______
                                 
  SA 1135. Mr. SHELBY (for himself, Mr. Alexander, Mr. Gregg, Mr. 
Bennett, Mrs. Hutchison, and Mr. Vitter) submitted an amendment 
intended to be proposed by him to the bill H.R. 2346, making 
supplemental appropriations for the fiscal year ending September 30, 
2009, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 4 strike all from line 19 through the ``.'' on page 
     5, line 5.
                                 ______
                                 
  SA 1136. Mr. McCONNELL proposed an amendment to the bill H.R. 2346, 
making supplemental appropriations for the fiscal year ending September 
30, 2009, and for other purposes; as follows:

       On page 31, between lines 3 and 4, insert the following:
       Sec. 315. (a) Reports Required.--Not later than 60 days 
     after the date of the enactment of this Act and every 90 days 
     thereafter, the President shall submit to the members and 
     committees of Congress specified in subsection (b) a report 
     on the prisoner population at the detention facility at 
     Guantanamo Bay, Cuba.
       (b) Specified Members and Committees of Congress.--The 
     members and committees of Congress specified in this 
     subsection are the following:
       (1) The majority leader and minority leader of the Senate.
       (2) The Chairman and Ranking Member on the Committee on 
     Armed Services of the Senate.
       (3) The Chairman and Vice Chairman of the Select Committee 
     on Intelligence of the Senate.
       (4) The Speaker of the House of Representatives.
       (5) The minority leader of the House of Representatives.
       (6) The Chairman and Ranking Member on the Committee on 
     Armed Services of the House of Representatives.
       (7) The Chairman and Vice Chairman of the Permanent Select 
     Committee on Intelligence of the House of Representatives
       (c) Matters To Be Included.--Each report required by 
     subsection (a) shall include the following:
       (1) The name and country of origin of each detainee at the 
     detention facility at 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 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 Guantanamo Bay who 
     are confirmed or suspected of returning to terrorist 
     activities after release or transfer from Guantanamo Bay.
       (5) An assessment of any efforts by al Qaeda to recruit 
     detainees released from detention at Guantanamo Bay.
       (6) For each detainee listed under paragraph (1), a threat 
     assessment that includes--
       (A) an assessment of the likelihood that such detainee may 
     return to terrorist activity after release or transfer from 
     Guantanamo Bay;
       (B) an evaluation of the status of any rehabilitation 
     program in such detainee's country of origin, or in the 
     country such detainee is anticipated to be transferred to; 
     and
       (C) an assessment of the risk posed to the American people 
     by the release or transfer of such detainee from Guantanamo 
     Bay.
       (d) Form.--The report required under subsection (a), or 
     parts thereof, may be submitted in classified form.
       (e) Limitation on Release or Transfer.--No detainee 
     detained at the detention facility at Guantanamo Bay, Cuba, 
     as of the date of the enactment of this Act may be released 
     or transferred to another country until the President--
       (1) submits to Congress the first report required by 
     subsection (a); or
       (2) certifies to the members and committees of Congress 
     specified in subsection (b) that such action poses no threat 
     to the members of the United States Armed Forces.
                                 ______
                                 
  SA 1137. Mr. INOUYE proposed an amendment to the bill H.R. 2346, 
making supplemental appropriations for the fiscal year ending September 
30, 2009, and for other purposes; as follows:

       On page 30, line 24, strike all after ``Sec. 314.'' through 
     page 31, line 3, and insert in lieu thereof:
       (a) In General.--Unless otherwise designated, each amount 
     in this title is designated as being for overseas deployments 
     and other activities pursuant to sections 401(c)(4) and 
     423(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.
       (b) Exception.--Subsection (a) shall not apply to the 
     amount rescinded in section 308 for ``Operation and 
     Maintenance, Air Force''.
                                 ______
                                 
  SA 1138. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2346, making supplemental appropriations for the 
fiscal year ending September 30, 2009, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 100, strike line 12 and all that follows 
     through page 107, line 21.
                                 ______
                                 
  SA 1139. Mr. CORNYN proposed an amendment to the bill H.R. 2346, 
making supplemental appropriations for the fiscal year ending September 
30, 2009, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE.

       (a) Findings.--Congress finds the following:
       (1) In the aftermath of the September 11, 2001 attacks, 
     there was bipartisan consensus that preventing further 
     terrorist attacks on the United States was the most urgent 
     responsibility of the United States Government.
       (2) A bipartisan joint investigation by the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives concluded that the September 11, 2001 attacks 
     demonstrated that the intelligence community had not shown 
     ``sufficient initiative in coming to grips with the new 
     transnational threats''.
       (3) By mid-2002, the Central Intelligence Agency had 
     several top al Qaeda leaders in custody.
       (4) The Central Intelligence Agency believed that some of 
     these al Qaeda leaders knew the details of imminent plans for 
     follow-on attacks against the United States.
       (5) The Central Intelligence Agency believed that certain 
     enhanced interrogation techniques might produce the 
     intelligence necessary to prevent another terrorist attack 
     against the United States.
       (6) The Central Intelligence Agency sought legal guidance 
     from the Office of Legal Counsel of the Department of Justice 
     as to whether such enhanced interrogation techniques, 
     including one that the United States military uses to train 
     its own members in survival, evasion, resistance, and escape 
     training, would comply with United States and international 
     law if used against al Qaeda leaders reasonably believed to 
     be planning imminent attacks against the United States.
       (7) The Office of Legal Counsel is the proper authority 
     within the executive branch for addressing difficult and 
     novel legal questions, and providing legal advice to the 
     executive branch in carrying out official duties.
       (8) Before mid-2002, no court in the United States had 
     interpreted the phrases ``severe physical or mental pain or 
     suffering'' and ``prolonged mental harm'' as used in sections 
     2340 and 2340A of title 18, United States Code.
       (9) The legal questions posed by the Central Intelligence 
     Agency and other executive branch officials were a matter of 
     first impression, and in the words of the Office of Legal 
     Counsel, ``substantial and difficult''.
       (10) The Office of Legal Counsel approved the use by the 
     Central Intelligence Agency of certain enhanced interrogation 
     techniques, with specific limitations, in seeking actionable 
     intelligence from al Qaeda leaders.
       (11) The legal advice of the Office of Legal Counsel 
     regarding interrogation policy was reviewed by a host of 
     executive branch officials, including the Attorney General, 
     the Counsel to the President, the Deputy Counsel to the 
     President, the General Counsel of the Central Intelligence 
     Agency, the General Counsel of the National Security Council, 
     the legal advisor of the Attorney General, the head of the 
     Criminal Division of the Department of Justice, and the 
     Counsel to the Vice President.
       (12) The majority and minority leaders in both Houses of 
     Congress, the Speaker of the House of Representatives, and 
     the chairmen and vice chairmen of the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives received 
     classified briefings on the legal analysis by the Office of 
     Legal Counsel and the proposed interrogation program of the 
     Central Intelligence Agency as early as September 4, 2002.
       (13) Porter Goss, then-chairman of the Permanent Select 
     Committee on Intelligence of the House of Representatives, 
     recalls that he and then-ranking member Nancy Pelosi 
     ``understood what the CIA was doing'', ``gave the CIA our 
     bipartisan support'', ``gave the CIA funding to carry out its 
     activities'', and ``On a bipartisan basis . . . asked if the 
     CIA needed more support from Congress to carry out its 
     mission against al-Qaeda''.
       (14) No member of Congress briefed on the legal analysis of 
     the Office of Legal Counsel and the proposed interrogation 
     program of

[[Page 12906]]

     the Central Intelligence Agency in 2002 objected to the 
     legality of the enhanced interrogation techniques, including 
     ``waterboarding'', approved in legal opinions of the Office 
     of Legal Counsel.
       (15) Using all lawful means to secure actionable 
     intelligence based on the legal guidance of the Office of 
     Legal Counsel provides national leaders a means to detect, 
     deter, and defeat further terrorist acts against the United 
     States.
       (16) The enhanced interrogation techniques approved by the 
     Office of Legal Counsel have, in fact, accomplished the goal 
     of providing intelligence necessary to defeating additional 
     terrorist attacks against the United States.
       (17) Congress has previously established a defense for 
     persons who engaged in operational practices in the war on 
     terror in good faith reliance on advice of counsel that the 
     practices were lawful.
       (18) The Senate stands ready to work with the Obama 
     Administration to ensure that leaders of the Armed Forces of 
     the United States and the intelligence community continue to 
     have the resources and tools required to prevent additional 
     terrorist attacks on the United States.
       (b) Sense of Senate.--It is the sense of the Senate that no 
     person who provided input into the legal opinions by the 
     Office of Legal Counsel of the Department of Justice 
     analyzing the legality of the enhanced interrogation program, 
     nor any person who relied in good faith on those opinions, 
     nor any member of Congress who was briefed on the enhanced 
     interrogation program and did not object to the program going 
     forward should be prosecuted or otherwise sanctioned.
                                 ______
                                 
  SA 1140. Mr. BROWNBACK proposed an amendment to the bill H.R. 2346, 
making supplemental appropriations for the fiscal year ending September 
30, 2009, and for other purposes; as follows:

       At the end of title III, add the following:
       Sec. 315. (a) Findings.--The Senate makes the following 
     findings:
       (1) In response to written questions from the April 30, 
     2009, hearing of the Committee on Appropriations of the 
     Senate, the Secretary of Defense stated that--
       (A) in order to implement the Executive Order of the 
     President to close the detention facility at Naval Station 
     Guantanamo Bay, Cuba, ``it is likely that we will need a 
     facility or facilities in the United States in which to 
     house'' detainees; and
       (B) ``[p]ending the final decision on the disposition of 
     those detainees, the Department has not contacted state and 
     local officials about the possibility of transferring 
     detainees to their locations''.
       (2) The Senate specifically recognized the concerns of 
     local communities in a 2007 resolution, adopted by the Senate 
     on a 94-3 vote, stating that ``detainees housed at Guantanamo 
     should not be released into American society, nor should they 
     be transferred stateside into facilities in American 
     communities and neighborhoods''.
       (3) To date, members of the congressional delegations of 
     sixteen States have sponsored legislation seeking to prohibit 
     the transfer to their respective States and congressional 
     districts, or other locations in the United States, of 
     detainees at Naval Station Guantanamo Bay
       (4) Legislatures and local governments in several States 
     have adopted measures announcing their opposition to housing 
     detainees at Naval Station Guantanamo Bay in their respective 
     States and localities.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Secretary of Defense should consult with State and local 
     government officials before making any decision about where 
     detainees at Naval Station Guantanamo Bay, Cuba, might be 
     transferred, housed, or otherwise incarcerated as a result of 
     the implementation of the Executive Order of the President to 
     close the detention facilities at Naval Station Guantanamo 
     Bay.
                                 ______
                                 
  SA 1141. Ms. LANDRIEU (for herself, Mrs. Hutchison, and Mr. Harkin) 
submitted an amendment intended to be proposed by her to the bill H.R. 
2346, making supplemental appropriations for the fiscal year ending 
September 30, 2009, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title XII, add the following:

     SEC. 1205. REDEVELOPMENT OF HOMES.

       Section 2301(c)(3) of the Housing and Economic Recovery Act 
     of 2008 (42 U.S.C. 5301 note) is amended--
       (1) in subparagraph (C), by adding a semicolon at the end;
       (2) in subparagraph (D), by striking ``and'' at the end;
       (3) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(F) redevelop properties damaged or destroyed during the 
     period beginning on January 1, 2004, and ending on December 
     31, 2008, by a major disaster (as defined in section 102 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122)).''.
                                 ______
                                 
  SA 1142. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 2346, making supplemental appropriations for the 
fiscal year ending September 30, 2009, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

              Relief for Rural Veterans in Crisis Program

       For an additional amount for making grants under section 
     1820(g)(6) of the Social Security Act (42 U.S.C. 1395i-
     4(g)(6)), $20,000,000 to remain available until expended: 
     Provided, That the amount of $1,500,000,000 under the heading 
     ``Pandemic Preparedness and Response'' under the heading 
     ``National Security Council'' under the heading ``EXECUTIVE 
     OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
     PRESIDENT'' under title V shall be reduced by $20,000,000 and 
     each of the amounts to be transferred under such heading 
     ``Pandemic Preparedness and Response'' shall be reduced by 
     its proportional share of the amount of such reduction.
                                 ______
                                 
  SA 1143. Mr. RISCH (for himself, Mr. Cornyn, and Mr. Bond) submitted 
an amendment intended to be proposed by him to the bill H.R. 2346, 
making supplemental appropriations for the fiscal year ending September 
30, 2009, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate in title III, insert the following:

                  National Guard and Reserve Equipment

       For an additional amount for ``National Guard and Reserve 
     Equipment'', $2,000,000,000, to remain available for 
     obligation until September 30, 2010: Provided, That the Chief 
     of the National Guard Bureau and an appropriate official for 
     each of other reserve components of the Armed Forces each 
     shall, not later than 30 days after the date of the enactment 
     of this Act, submit to the Committee on Armed Services and 
     the Committee on Appropriations of the Senate and the 
     Committee on Armed Services and the Committee on 
     Appropriations of the House of Representatives a report on 
     the modernization priority assessment for the National Guard 
     and for the other reserve components of the Armed Forces, 
     respectively: Provided further, That the amount under this 
     heading is designated as an emergency requirement and 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.

                             (rescissions)

       (a) In General.--Of the discretionary amounts (other than 
     the amounts described in subsection (b)) made available by 
     the American Recovery and Reinvestment Act of 2009 (123 Stat. 
     115; Public Law 111-5) that are unobligated as the the date 
     of enactment of this Act, $2,000,000,000 is hereby rescinded.
       (b) Exception.--The rescission in subsection (a) shall not 
     apply to amounts made available by division A of the American 
     Recovery and Reinvestment Act of 2009 as follows:
       (1) Under title III, relating to the Department of Defense.
       (2) Under title VI, relating to the Department of Homeland 
     Security.
       (3) Under title X, relating to Military Construction and 
     Veterans and Related Agencies.
       (c) Administration.--Not later than 30 days after the date 
     of the enactment of this Act, the Director of the Office of 
     Management and Budget shall--
       (1) administer the rescission specified in subsection (a); 
     and
       (2) submit to the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives a report specifying the account and the 
     amount of each reduction made pursuant to the rescission in 
     subsection (a).
                                 ______
                                 
  SA 1144. Mr. CHAMBLISS (for himself, Mr. Isakson, and Mr. Burr) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2346, making supplemental appropriations for the fiscal year ending 
September 30, 2009, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 7, line 25, strike the period at the end and insert 
     ``and, in order for the Department of Justice to carry out 
     the responsibilities required by Executive Orders 13491, 
     13492, and 13493, it is necessary to enact the amendments 
     made by section 203.

     SEC. 203. IMMIGRATION LIMITATIONS FOR GUANTANAMO BAY NAVAL 
                   BASE DETAINEES.

       (a) Short Title.--This section may be cited as the 
     ``Protecting America's Communities Act''.
       (b) Ineligibility for Admission or Parole.--Section 212 of 
     the Immigration and Nationality Act (8 U.S.C. 1182) is 
     amended--
       (1) in subsection (a)(3), by adding at the end the 
     following:
       ``(G) Guantanamo bay detainees.--An alien who, as of 
     January 1, 2009, was being detained by the Department of 
     Defense at Guantanamo Bay Naval Base, is inadmissible.''; and

[[Page 12907]]

       (2) in subsection (d)--
       (A) in paragraph (1), by inserting ``or (5)(B)''; and
       (B) in paragraph (5)(B), by adding at the end the 
     following: ``The Attorney General may not parole any alien 
     who, as of January 1, 2009, was being detained by the 
     Department of Defense at Guantanamo Bay Naval Base.''.
       (c) Detention Authority.--Section 241(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' each place it appears, 
     except for the first reference in paragraph (4)(B)(i), and 
     inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(8) Guantanamo bay detainees.--
       ``(A) Certification requirement.--An alien ordered removed 
     who, as of January 1, 2009, was being detained by the 
     Department of Defense at Guantanamo Bay Naval Base, shall be 
     detained for an additional 6 months beyond the removal period 
     (including any extension under paragraph (1)(C)) if the 
     Secretary of Homeland Security certifies that--
       ``(i) the alien cannot be removed due to the refusal of all 
     countries designated by the alien or under this section to 
     receive the alien; and
       ``(ii) the Secretary is making reasonable efforts to find 
     alternative means for removing the alien.
       ``(B) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary may renew a certification 
     under subparagraph (A) without limitation after providing the 
     alien with an opportunity to--

       ``(I) request reconsideration of the certification; and
       ``(II) submit documents or other evidence in support of the 
     reconsideration request.

       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary may not delegate the authority to make or renew a 
     certification under this paragraph to an official below the 
     level of the Assistant Secretary for Immigration and Customs 
     Enforcement.
       ``(C) Ineligibility for bond or parole.--No immigration 
     judge or official of United States Immigration and Customs 
     Enforcement may release from detention on bond or parole any 
     alien described in subparagraph (A).''.
       (d) Asylum Ineligibility.--Section 208(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is 
     amended by adding at the end the following:
       ``(E) Guantanamo bay detainees.--Paragraph (1) shall not 
     apply to any alien who, as of January 1, 2009, was being 
     detained by the Department of Defense at Guantanamo Bay Naval 
     Base.''.
       (e) Mandatory Detention of Aliens From Guantanamo Bay Naval 
     Base.--Section 236(c)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1226(c)(1)) is amended--
       (1) in each of subparagraphs (A) and (B), by striking the 
     comma at the end and inserting a semicolon;
       (2) in subparagraph (C), by striking ``, or'' and inserting 
     a semicolon;
       (3) in subparagraph (D), by striking the comma at the end 
     and inserting ``; or''; and
       (4) by inserting after subparagraph (D) the following:
       ``(A) as of January 1, 2009, was being detained by the 
     Department of Defense at Guantanamo Bay Naval Base.''.
       (f) Statement of Authority.--
       (1) In general.--Congress reaffirms that--
       (A) the United States is in an armed conflict with al 
     Qaeda, the Taliban, and associated forces; and
       (B) the entities referred to in subparagraph (A) continue 
     to pose a threat to the United States and its citizens, both 
     domestically and abroad.
       (2) Authority.--Congress reaffirms that the President is 
     authorized to detain enemy combatants in connection with the 
     continuing armed conflict with al Qaeda, the Taliban, and 
     associated forces until the termination of such conflict, 
     regardless of the place at which they are captured.
       (3) Rule of construction.--The authority described in this 
     subsection may not be construed to alter or limit the 
     authority of the President under the Constitution of the 
     United States to detain enemy combatants in the continuing 
     armed conflict with al Qaeda, the Taliban, and associated 
     forces, or in any other armed conflict.

                          ____________________