[House Report 111-151]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-151
======================================================================
MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2009, AND FOR OTHER PURPOSES
_______
June 12, 2009.--Ordered to be printed
_______
Mr. Obey, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 2346]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
2346) making supplemental appropriations for the fiscal year
ending September 30, 2009, and for other purposes, having met,
after full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter stricken and inserted by said
amendment, insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2009, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
PUBLIC LAW 480 TITLE II GRANTS
For an additional amount for ``Public Law 480 Title II
Grants'', $700,000,000, to remain available until expended.
GENERAL PROVISIONS--THIS TITLE
Sec. 101. Notwithstanding any other provision of law,
amounts made available to provide assistance under the
emergency conservation program established under title IV of
the Agricultural Credit Act of 1978 (16 U.S.C. 2201 and 2202)
and unobligated as of the date of the enactment of this Act
shall be available to the Secretary of Agriculture, until
expended, for expenses under that program related to recovery
efforts in response to natural disasters.
Sec. 102. (a) For an additional amount for gross
obligations for the principal amount of direct and guaranteed
farm ownership (7 U.S.C. 1922 et seq.) and operating (7 U.S.C.
1941 et seq.) loans, to be available from funds in the
Agricultural Credit Insurance Fund, as follows: direct farm
ownership loans, $360,000,000; direct operating loans,
$400,000,000; and unsubsidized guaranteed operating loans,
$50,201,000.
(b) For an additional amount for the cost of direct and
guaranteed loans, including the cost of modifying loans as
defined in section 502 of the Congressional Budget Act of 1974,
as follows: direct farm ownership loans, $22,860,000; direct
operating loans, $47,160,000; and unsubsidized guaranteed
operating loans, $1,250,000.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for ``Economic Development
Assistance Programs'', $40,000,000, to remain available until
September 30, 2010: Provided, That the amount provided under
this heading shall be for Trade Adjustment Assistance for
Communities under subchapter A, chapter 4, title II of the
Trade Act of 1974 (19 U.S.C. 2371 et seq.) and Trade Adjustment
Assistance for Firms under chapter 3, title II of the Trade Act
of 1974 (19 U.S.C. 2341 et seq.).
DEPARTMENT OF JUSTICE
Detention Trustee
For an additional amount for ``Detention Trustee'',
$60,000,000, to remain available until September 30, 2010.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For an additional amount for ``Salaries and Expenses'',
$1,648,000, to remain available until September 30, 2010.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For an additional amount for ``Salaries and Expenses'',
$15,000,000, to remain available until September 30, 2010.
United States Marshals Service
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2010.
National Security Division
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$1,389,000, to remain available until September 30, 2010.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$35,000,000, to remain available until September 30, 2010.
Drug Enforcement Administration
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$20,000,000, to remain available until September 30, 2010.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$14,000,000, to remain available until September 30, 2010.
Federal Prison System
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$5,038,000, to remain available until September 30, 2010.
GENERAL PROVISION--THIS TITLE
(including rescission)
Sec. 201. (a) Of the funds appropriated in chapter 2 of
title I of Public Law 110-252 under the heading ``Office of
Inspector General'', $3,000,000 is rescinded.
(b) For an additional amount for ``Office of Inspector
General'', $3,000,000, to remain available until September 30,
2010.
TITLE III
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,750,687,000.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$1,627,288,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine
Corps'', $1,524,947,000.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air
Force'', $1,500,740,000.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$418,155,000.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$39,478,000.
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine
Corps'', $29,179,000.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air
Force'', $14,943,000.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel,
Army'', $1,775,733,000.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel,
Air Force'', $45,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance,
Army'', $13,769,418,000.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance,
Navy'', $2,274,903,000.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance,
Marine Corps'', $1,034,366,000.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance,
Air Force'', $5,980,386,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance,
Defense-Wide'', $5,101,696,000, of which:
(1) not to exceed $12,500,000 for the Combatant
Commander Initiative Fund, to be used in support of
Operation Iraqi Freedom and Operation Enduring Freedom;
and
(2) not to exceed $1,000,000,000, to remain
available until expended, for payments to reimburse key
cooperating nations, for logistical, military, and
other support including access provided to United
States military operations in support of Operation
Iraqi Freedom and Operation Enduring Freedom,
notwithstanding any other provision of law: Provided,
That such reimbursement payments may be made in such
amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in
consultation with the Director of the Office of
Management and Budget, may determine, in his
discretion, based on documentation determined by the
Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United
States, and 15 days following notification to the
appropriate congressional committees: Provided further,
That these funds may be used for the purpose of
providing specialized training and procuring supplies
and specialized equipment and providing such supplies
and loaning such equipment on a non-reimbursable basis
to coalition forces supporting United States military
operations in Iraq and Afghanistan: Provided further,
That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the
use of funds provided in this paragraph.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance,
Army Reserve'', $110,017,000.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance,
Navy Reserve'', $25,569,000.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance,
Marine Corps Reserve'', $30,775,000.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance,
Air Force Reserve'', $34,599,000.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance,
Army National Guard'', $178,446,000.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'',
$3,606,939,000, to remain available until September 30, 2010:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, for the
purpose of allowing the Commander, Combined Security Transition
Command--Afghanistan, or the Secretary's designee, to provide
assistance, with the
concurrence of the Secretary of State, to the security forces
of Afghanistan, including the provision of equipment, supplies,
services, training, facility and infrastructure repair,
renovation, and construction, and funding: Provided further,
That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to
foreign nations: Provided further, That contributions of funds
for the purposes provided herein from any person, foreign
government, or international organization may be credited to
this Fund and used for such purposes: Provided further, That
the Secretary shall notify the congressional defense committees
in writing upon the receipt and upon the obligation of any
contribution, delineating the sources and amounts of the funds
received and the specific use of such contributions: Provided
further, That the Secretary of Defense shall, not fewer than 15
days prior to obligating from this appropriation account,
notify the congressional defense committees in writing of the
details of any such obligation.
Pakistan Counterinsurgency Fund
(including transfer of funds)
There is hereby established in the Treasury of the United
States the ``Pakistan Counterinsurgency Fund''. For the
``Pakistan Counterinsurgency Fund'', $400,000,000, to remain
available until September 30, 2010: Provided, That such funds
shall be available to the Secretary of Defense, with the
concurrence of the Secretary of State, notwithstanding any
other provision of law, for the purpose of allowing the
Secretary of Defense, or the Secretary's designee, to provide
assistance to Pakistan's security forces; including program
management and the provision of equipment, supplies, services,
training, and funds; and facility and infrastructure repair,
renovation, and construction to build the counterinsurgency
capability of Pakistan's military and Frontier Corps, and of
which up to $2,000,000 shall be available to provide urgent
humanitarian assistance to the people of Pakistan only as part
of civil-military training exercises for Pakistani security
forces receiving assistance under the ``Pakistan
Counterinsurgency Fund'' and to assist the Government of
Pakistan in creating such a program beginning in fiscal year
2010: Provided further, That the authority to provide
assistance under this provision is in addition to any other
authority to provide assistance to foreign nations: Provided
further, That the Secretary of Defense may transfer such
amounts as the Secretary may determine from the funds provided
herein to any appropriations available to the Department of
Defense or, with the concurrence of the Secretary of State and
head of the relevant Federal
department or agency, to any other non-intelligence related
Federal account to accomplish the purposes provided herein:
Provided further, That funds so transferred shall be merged
with and be available for the same purposes and for the same
time period as the appropriation or fund to which transferred:
Provided further, That the authority of the Secretary of
Defense to obligate or transfer funds pursuant to this
paragraph shall apply only to funds appropriated for such
purposes in this Act (including funds appropriated by another
paragraph of this Act that are transferred to the ``Pakistan
Counterinsurgency Fund'' by such other paragraph), and such
authority shall not be continued beyond the expiration date
specified in the matter preceding the first proviso, except
with respect to funds so transferred to the ``Pakistan
Counterinsurgency Fund'' by another paragraph of this Act:
Provided further, That the Secretary of Defense shall, not
fewer than 15 days prior to making transfers from this
appropriation account, notify the Committees on Appropriations
in writing of the details of any such transfer.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement,
Army'', $1,192,744,000, to remain available until September 30,
2011.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$704,041,000, to remain available until September 30, 2011.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and
Tracked Combat Vehicles, Army'', $1,983,971,000, to remain
available until September 30, 2011.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition,
Army'', $230,075,000, to remain available until September 30,
2011.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$7,113,742,000, to remain available until September 30, 2011.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement,
Navy'', $636,669,000, to remain available until September 30,
2011.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$29,498,000, to remain available until September 30, 2011.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition,
Navy and Marine Corps'', $348,919,000, to remain available
until September 30, 2011.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$197,193,000, to remain available until September 30, 2011.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$1,526,447,000, to remain available until September 30, 2011.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air
Force'', $4,592,068,000, to remain available until September
30, 2011.
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air
Force'', $49,716,000, to remain available until September 30,
2011.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition,
Air Force'', $158,684,000, to remain available until September
30, 2011.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air
Force'', $1,802,083,000, to remain available until September
30, 2011.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$237,868,000, to remain available until September 30, 2011.
National Guard and Reserve Equipment
For an additional amount for ``National Guard and Reserve
Equipment'', $500,000,000, to remain available until September
30, 2011: Provided, That such funds may be used only to procure
high priority items of equipment that may be used by reserve
component units for combat missions and units' missions in
support of the State governors: Provided further, That the
Chiefs of the National Guard and of the Reserve components
shall, not later than 60 days after the enactment of this Act,
individually submit to the congressional defense committees a
listing of items of equipment to be procured for their
respective National Guard or Reserve component.
Mine Resistant Ambush Protected Vehicle Fund
(including transfer of funds)
For the ``Mine Resistant Ambush Protected Vehicle Fund'',
$4,543,000,000, to remain available until September 30, 2010:
Provided, That such funds shall be available to the Secretary
of Defense, notwithstanding any other provision of law, to
procure, sustain, transport, and field Mine Resistant Ambush
Protected vehicles: Provided further, That the Secretary shall
transfer such funds only to appropriations for operation and
maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the
purpose provided herein: Provided further, That this transfer
authority is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
the Secretary shall, not fewer than 10 days prior to making
transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such
transfer.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test
and Evaluation, Army'', $52,935,000, to remain available until
September 30, 2010.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test
and Evaluation, Navy'', $136,786,000, to remain available until
September 30, 2010.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test
and Evaluation, Air Force'', $160,474,000, to remain available
until September 30, 2010.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test
and Evaluation, Defense-Wide'', $483,304,000, to remain
available until September 30, 2010.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital
Funds'', $861,726,000, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$1,055,297,000, of which $845,508,000 is for operation and
maintenance; of which $50,185,000, to remain available until
September 30, 2011, is for procurement; and of which
$159,604,000, to remain available until September 30, 2010, is
for research, development, test and evaluation: Provided, That
up to $14,360,000,000 appropriated for operation and
maintenance under this heading or any prior Act may be
available for contracts entered into under the Tricare program.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and
Counter-Drug Activities, Defense'', $120,398,000, to remain
available until September 30, 2010.
Joint Improvised Explosive Device Defeat Fund
For an additional amount for ``Joint Improvised Explosive
Device Defeat Fund'', $1,116,746,000, to remain available until
September 30, 2011.
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $9,551,000.
GENERAL PROVISIONS--THIS TITLE
Sec. 301. Notwithstanding any other provision of law,
funds made available in this title are in addition to amounts
appropriated or otherwise made available for the Department of
Defense for fiscal year 2009.
(including transfer of funds)
Sec. 302. Upon the determination of the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer between appropriations up to
$2,500,000,000 of the funds made available to the Department of
Defense in this title: Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to
the authority in this section: Provided further, That the
authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and
is subject to the same terms and conditions as the authority
provided in section 8005 of the Department of Defense
Appropriations Act, 2009 (division C of Public Law 110-329)
except for the fourth proviso.
Sec. 303. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504(a)(1) of
the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
(including transfer of funds)
Sec. 304. During fiscal year 2009 and from funds in the
``Defense Cooperation Account'', as established by 10 U.S.C.
2608, the Secretary of Defense may transfer not to exceed
$6,500,000 to such appropriations or funds of the Department of
Defense as the Secretary shall determine for use consistent
with the purposes for which such funds were contributed and
accepted: Provided, That such amounts shall be available for
the same time period as the appropriation to which transferred:
Provided further, That the Secretary shall report to the
Congress all transfers made pursuant to this authority.
Sec. 305. Supervision and administration costs associated
with a construction project funded with appropriations
available for operation and maintenance or ``Afghanistan
Security Forces Fund'' provided in this title, and executed in
direct support of the overseas contingency operations in Iraq
and Afghanistan, may be obligated at the time a construction
contract is awarded: Provided, That for the purpose of this
section, supervision and administration costs include all in-
house Government costs.
(including rescissions)
Sec. 306. (a)(1) Of the funds appropriated in chapter 2 of
title IX of Public Law 110-252 under the heading, ``Iraq
Security Forces Fund'', $1,000,000,000 is rescinded.
(2) For an additional amount for ``Iraq Security Forces
Fund'', $1,000,000,000, to remain available until September 30,
2010: Provided, That funds may not be obligated or transferred
from this fund until 15 days after the date on which the
Secretary of Defense notifies the congressional defense
committees in writing of the details of the proposed obligation
or transfer.
(b) Notwithstanding any other provision of this Act, each
amount in this section is designated as an emergency
requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010.
Sec. 307. Funds made available in this title to the
Department of Defense for operation and maintenance may be used
to purchase items having an investment unit cost of not more
than $250,000: Provided, That upon determination by the
Secretary of Defense that such action is necessary to meet the
operational requirements of a Commander of a Combatant Command
engaged in contingency operations overseas, such funds may be
used to purchase items having an investment item unit cost of
not more than $500,000: Provided further, That the Secretary
shall report to the Congress all purchases made pursuant to
this authority within 30 days of using the authority.
Sec. 308. From funds made available in this title, the
Secretary of Defense may purchase motor vehicles for use by
military and civilian employees of the Department of Defense in
Iraq and Afghanistan, up to a limit of $75,000 per vehicle,
notwithstanding other limitations applicable to passenger
carrying motor vehicles.
(rescissions)
Sec. 309. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts: Provided, That none of the amounts may be
rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to a Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended:
``Procurement, Marine Corps, 2007/2009'',
$54,400,000;
``Other Procurement, Army, 2008/2010'',
$29,300,000;
``Procurement, Marine Corps, 2008/2010'',
$10,300,000;
``Aircraft Procurement, Air Force, 2008/2010'',
$44,000,000;
``Research, Development, Test and Evaluation, Navy,
2008/2009'', $11,300,000;
``Research, Development, Test and Evaluation, Air
Force, 2008/2009'', $36,107,000;
``Research, Development, Test and Evaluation,
Defense-Wide, 2008/2009'', $169,124,000;
``Operation and Maintenance, Army, 2009/2009'',
$352,359,000;
``Operation and Maintenance, Navy, 2009/2009'',
$881,481,000;
``Operation and Maintenance, Marine Corps, 2009/
2009'', $54,466,000;
``Operation and Maintenance, Air Force, 2009/
2009'', $925,203,000;
``Operation and Maintenance, Defense-Wide, 2009/
2009'', $267,635,000;
``Operation and Maintenance, Army Reserve, 2009/
2009'', $23,338,000;
``Operation and Maintenance, Navy Reserve, 2009/
2009'', $62,910,000;
``Operation and Maintenance, Marine Corps Reserve,
2009/2009'', $1,250,000;
``Operation and Maintenance, Air Force Reserve,
2009/2009'', $163,786,000;
``Operation and Maintenance, Army National Guard,
2009/2009'', $57,819,000;
``Operation and Maintenance, Air National Guard,
2009/2009'', $250,645,000;
``Aircraft Procurement, Army, 2009/2011'',
$22,600,000;
``Procurement of Ammunition, Army, 2009/2011'',
$107,100,000;
``Other Procurement, Army, 2009/2011'',
$245,000,000;
``Procurement, Marine Corps, 2009/2011'',
$10,300,000;
``Other Procurement, Air Force, 2009/2011'',
$17,500,000;
``Procurement, Defense-Wide, 2009/2011'',
$6,400,000;
``Research, Development, Test and Evaluation, Army,
2009/2010'', $187,710,000;
``Research, Development, Test and Evaluation, Navy,
2009/2010'', $217,060,000; and
``Research, Development, Test and Evaluation, Air
Force, 2009/2010'', $287,567,000.
(including transfer of funds)
Sec. 310. (a) Retroactive Stop-Loss Special Pay
Compensation to Eligible Claimants.--In addition to the amounts
appropriated or otherwise made available elsewhere in this Act,
$534,400,000 is appropriated to the Department of Defense, to
remain available for obligation until expended: Provided, That
such funds shall be available to the Secretaries of the
military departments only to make payment of claims specified
in subsection (b) to members of the Armed Forces, including
members of the reserve components, and former and retired
members under the jurisdiction of the Secretary who, at any
time during the period beginning on September 11, 2001, and
ending on September 30, 2009, served on active duty while the
members' enlistment or period of obligated service was
extended, or whose eligibility for retirement was suspended,
pursuant to section 123 or 12305 of title 10, United States
Code, or any other provision of law (commonly referred to as a
``stop-loss authority'') authorizing the President to extend an
enlistment or period of obligated service, or suspend an
eligibility for retirement, of a member of the uniformed
services in time of war or of national emergency declared by
Congress or the President.
(b) Claims Submission Required.--Claims for retroactive
Stop-Loss Special Pay compensation under this section shall be
submitted to the Secretary of the Military Department concerned
not later than 1 year after the date on which the implementing
rules of subsection (d) take effect. Notwithstanding any other
provision of law, the Secretaries of the military departments
may not pay claims that are submitted more than 1 year after
the date on which the implementing rules of subsection (d) take
effect.
(c) Payment Amount.--The amount to be paid under subsection
(a) to or on behalf of an eligible member, retired member, or
former member described in such subsection shall be $500 per
month for each month or portion of a month during the period
specified in such subsection that the member was retained on
active duty as a result of application of the stop-loss
authority.
(d) Rulemaking.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense shall issue
rules to expedite the payment of claims under subsection (b).
(e) Treatment of Deceased Members.--If an eligible member,
retired member, or former member described in subsection (a)
dies before the payment required by this section is made, the
Secretary concerned shall make the payment in accordance with
section 2771 of title 10, United States Code.
(f) Exclusion of Certain Former Members.--A former member
of the Armed Forces is not eligible for a payment under this
section if the former member was discharged or released from
the Armed Forces under other than honorable conditions.
(g) Relation to Other Stop-Loss Special Pay.--A member,
retired member, or former member may not receive a payment
under this section and stop-loss special pay under section 8116
of the Department of Defense Appropriations Act, 2009 (division
C of Public Law 110-329; 122 Stat. 3646) for the same month or
portion of a month during which the member was retained on
active duty as a result of application of the stop-loss
authority.
(h) Report on Execution.--The Secretary of Defense shall
provide a report to the congressional defense committees on the
implementation of the retroactive stop-loss benefit. The report
shall include the following: the number of claims filed, the
number of claims approved, the number of claims denied, the
number of claims still pending, the amount of funding that has
been obligated, the amount of funding still available for this
purpose, and the average payment provided. This report is due 1
year after the date on which the implementing rules of
subsection (d) take effect, and every 6 months thereafter until
all funding provided for this purpose has been obligated and
all submitted claims have been processed.
Sec. 311. (a) Section 132 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1392) is repealed.
(b) Notwithstanding any other provision of law, the
Secretary of the Air Force may retire C-5A aircraft from the
inventory of the Air Force 15 days after certifying to the
congressional defense committees that retiring the aircraft
will not significantly increase operational risk of not meeting
the National Defense Strategy, provided that such retirements
may not reduce total strategic airlift force structure
inventory below the 292 strategic airlift aircraft level
identified in the Mobility Capability Study 2005 (MCS-05)
unless otherwise addressed in the fiscal year 2010 National
Defense Authorization Act.
Sec. 312. None of the funds appropriated or otherwise made
available by this title may be obligated or expended to provide
award fees to any defense contractor contrary to the provisions
of section 814 of the National Defense Authorization Act,
Fiscal Year 2007 (Public Law 109-364).
Sec. 313. None of the funds provided in this title may be
used to finance programs or activities denied by Congress in
fiscal years 2008 or 2009 appropriations to the Department of
Defense or to initiate a procurement or research, development,
test and evaluation new start program without prior written
notification to the congressional defense committees.
Sec. 314. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for a purpose as
follows:
(1) To establish any military installation or base
for the purpose of providing for the permanent
stationing of United States Armed Forces in Iraq.
(2) To exercise United States control over any oil
resource of Iraq.
Sec. 315. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or
expended by the United States Government for the purpose of
establishing any military installation or base for the purpose
of providing for the permanent stationing of United States
Armed Forces in Afghanistan.
Sec. 316. (a) Report on Iraq Troop Drawdown Status, Goals,
and Timetable.--In recognition and support of the policy of
President Barack Obama to withdraw all United States combat
brigades from Iraq by August 31, 2010, and all United States
military forces from Iraq on December 31, 2011, Congress
directs the Secretary of Defense (in consultation with other
members of the National Security Council) to prepare a report
that identifies troop drawdown status and goals and includes--
(1) a detailed, month-by-month description of the
transition of United States military forces and
equipment out of Iraq; and
(2) a detailed, month-by-month description of the
transition of United States contractors out of Iraq.
(b) Elements of Report.--At a minimum, the Secretary of
Defense shall address the following:
(1) How the Government of Iraq is assuming the
responsibility for reconciliation initiatives as the
mission of the United States Armed Forces transitions.
(2) How the drawdown of military forces complies
with the President's planned withdrawal of combat
brigades by August 31, 2010, and all United States
forces by December 31, 2011.
(3) The roles and responsibilities of remaining
contractors in Iraq as the United States mission
evolves, including the anticipated number of United
States contractors to remain in Iraq after August 31,
2010, and December 31, 2011.
(c) Submission.--
(1) Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter
through September 30, 2010, the Secretary of Defense
shall submit the report required by subsection (a) and
a classified annex to the report, as necessary.
(2) The Secretary may submit the report required by
subsection (a) separately as provided in paragraph (1)
or include the information required by this report when
submitting reports required of the Secretary under
section 9204 of the Supplemental Appropriations Act,
2008 (Public Law 110-252; 122 Stat. 2410).
(d) Extension of Related Reporting Requirement.--Section
9204(a) of the Supplemental Appropriations Act, 2008 is amended
by striking ``fiscal year 2009'' and inserting ``fiscal year
2010''.
Sec. 317. (a) Repeal of Secretary of Defense Reports on
Transition Readiness of Iraq and Afghan Security Forces.--
Subsection (a) of section 9205 of Public Law 110-252 (122 Stat.
2412) is repealed.
(b) Modification of Reports on Use of Certain Security
Forces Funds.--
(1) Preparation in consultation with commander of
centcom.--Subsection (b)(1) of such section is amended
by inserting ``the Commander of the United States
Central Command;'' after ``the Secretary of Defense;''.
(2) Period of reports.--Such subsection is further
amended by striking ``not later than 120 days after the
date of the enactment of this Act and every 90 days
thereafter'' and inserting ``not later than 45 days
after the end of each fiscal year quarter''.
(3) Funds covered by reports.--Such subsection is
further amended by striking ``and `Afghanistan Security
Forces Fund''' and inserting ``, `Afghanistan Security
Forces Fund', and `Pakistan Counterinsurgency Fund'''.
(c) Notice New Projects and Transfers of Funds.--Subsection
(c) of such section is amended by striking ``the headings'' and
all that follows and inserting ``the headings as follows:
``(1) `Iraq Security Forces Fund'.
``(2) `Afghanistan Security Forces Fund'.
``(3) `Pakistan Counterinsurgency Fund'.''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.
Sec. 318. (a) Section 1174(h)(1) of title 10, United States
Code, is amended to read as follows:
``(1) A member who has received separation pay
under this section, or separation pay, severance pay,
or readjustment pay under any other provision of law,
based on service in the armed forces, and who later
qualifies for retired or retainer pay under this title
or title 14 shall have deducted from each payment of
such retired or retainer pay an amount, in such
schedule of monthly installments as the Secretary of
Defense shall specify, taking into account the
financial ability of the member to pay and avoiding the
imposition of undue financial hardship on the member
and member's dependents, until the total amount
deducted is equal to the total amount of separation
pay, severance pay, and readjustment pay so paid.''.
(b) Section 1175(e)(3)(A) of title 10, United States Code,
is amended to read as follows:
``(3)(A) A member who has received the voluntary
separation incentive and who later qualifies for
retired or retainer pay under this title shall have
deducted from each payment of such retired or retainer
pay an amount, in such schedule of monthly installments
as the Secretary of Defense shall specify, taking into
account the financial ability of the member to pay and
avoiding the imposition of undue financial hardship on
the member and member's dependents, until the total
amount deducted is equal to the total amount of
voluntary separation incentive so paid. If the member
elected to have a reduction in voluntary separation
incentive for any period pursuant to paragraph (2), the
deduction required under the preceding sentence shall
be reduced as the Secretary of Defense shall
specify.''.
(c) Effective Date.--The amendments made by this section
shall apply to any repayments of separation pay, severance pay,
readjustment pay, special separation benefit, or voluntary
separation incentive, that occur on or after the date of
enactment, including any ongoing repayment actions that were
initiated prior to this amendment.
Sec. 319. (a) Reports Required.--Not later than 60 days
after the date of the enactment of this Act and every 90 days
thereafter, the President shall submit to the members and
committees of Congress specified in subsection (b) a report on
the prisoner population at the detention facility at Naval
Station Guantanamo Bay, Cuba.
(b) Specified Members and Committees of Congress.--The
members and committees of Congress specified in this subsection
are the following:
(1) The majority leader and minority leader of the
Senate.
(2) The Chairman and Ranking Member on the
Committee on Armed Services of the Senate.
(3) The Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate.
(4) The Chairman and Vice Chairman of the Committee
on Appropriations of the Senate.
(5) The Speaker of the House of Representatives.
(6) The minority leader of the House of
Representatives.
(7) The Chairman and Ranking Member on the
Committee on Armed Services of the House of
Representatives.
(8) The Chairman and Vice Chairman of the Permanent
Select Committee on Intelligence of the House of
Representatives.
(9) The Chairman and Ranking Member of the
Committee on Appropriations of the House of
Representatives.
(c) Matters To Be Included.--Each report submitted under
subsection (a) shall include the following:
(1) The name and country of origin of each detainee
at the detention facility at Naval Station Guantanamo
Bay, Cuba, as of the date of such report.
(2) A current summary of the evidence,
intelligence, and information used to justify the
detention of each detainee listed under paragraph (1)
at Naval Station Guantanamo Bay.
(3) A current accounting of all the measures taken
to transfer each detainee listed under paragraph (1) to
the individual's country of citizenship or another
country.
(4) A current description of the number of
individuals released or transferred from detention at
Naval Station Guantanamo Bay who are confirmed or
suspected of returning to terrorist activities after
release or transfer from Naval Station Guantanamo Bay.
(5) An assessment of any efforts by al Qaeda to
recruit detainees released from detention at Naval
Station Guantanamo Bay.
(d) Additional Matters To Be Included in Initial Report.--
The first report submitted under subsection (a) shall also
include the following:
(1) A description of the process that was
previously used for screening the detainees described
by subsection (c)(4) prior to their release or transfer
from detention at Naval Station Guantanamo Bay, Cuba.
(2) An assessment of the adequacy of that screening
process for reducing the risk that detainees previously
released or transferred from Naval Station Guantanamo
Bay would return to terrorist activities after release
or transfer from Naval Station Guantanamo Bay.
(3) An assessment of lessons learned from previous
releases and transfers of individuals who returned to
terrorist activities for reducing the risk that
detainees released or transferred from Naval Station
Guantanamo Bay will return to terrorist activities
after their release or transfer.
TITLE IV
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
OPERATION AND MAINTENANCE
For an additional amount for ``Operation and Maintenance''
to dredge navigation channels and repair damage to Corps
projects nationwide related to natural disasters, $42,875,000,
to remain available until expended: Provided, That the
Assistant Secretary of the Army for Civil Works shall provide a
monthly report to the Committees on Appropriations of the House
of Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days
after enactment of this Act.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August
18, 1941 (33 U.S.C. 701n), for necessary expenses relating to
the consequences of natural disasters as authorized by law,
$754,290,000, to remain available until expended: Provided,
That the Secretary of the Army is directed to use $315,290,000
of the funds appropriated under this heading to support
emergency operations, to repair eligible projects nationwide,
and for other activities in response to natural disasters:
Provided further, That the Secretary of the Army is directed to
use $439,000,000 of the amount provided under this heading for
barrier island restoration and ecosystem restoration to restore
historic levels of storm damage reduction to the Mississippi
Gulf Coast: Provided further, That this work shall be carried
out at full Federal expense: Provided further, That the
Assistant Secretary of the Army for Civil Works shall provide a
monthly report to the Committees on Appropriations of the House
of Representatives and the Senate detailing the allocation and
obligation of these funds, beginning not later than 60 days
after enactment of this Act.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Strategic Petroleum Reserve
(transfer of funds)
For an additional amount for ``Strategic Petroleum
Reserve'', $21,585,723, to remain available until expended, to
be derived by transfer from the ``SPR Petroleum Account'' for
site maintenance activities.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
For an additional amount for ``Weapons Activities'',
$30,000,000, to remain available until expended, to be divided
among the three national security laboratories of Livermore,
Sandia and Los Alamos and other entities to fund a sustainable
capability to analyze nuclear and biological weapons
intelligence: Provided, That the Secretary of Energy, in
cooperation with the Director of National Intelligence, shall
provide a written report to the Appropriations Committees of
the House of Representatives and the Senate, the Armed Services
Committees of the House of Representatives and the Senate, the
Permanent Select Committee on Intelligence of the House of
Representatives, and the Select Committee on Intelligence of
the Senate within 90 days of enactment of this Act on how the
Department of Energy will invest these resources to sustain
technical and core analytical capabilities.
Defense Nuclear Nonproliferation
For an additional amount for ``Defense Nuclear
Nonproliferation'', $55,000,000, to remain available until
expended.
GENERAL PROVISIONS--THIS TITLE
LIMITED TRANSFER AUTHORITY
Sec. 401. Section 403 of title IV of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-
5) is amended by striking all of the text and inserting the
following:
``SEC. 403. LIMITED TRANSFER AUTHORITY.
``The Secretary of Energy may transfer up to 0.5 percent
from each amount appropriated to the Department of Energy in
this title to any other appropriate account within the
Department of Energy, to be used for management and oversight
activities: Provided, That the Secretary shall provide a report
to the Committees on Appropriations of the House of
Representatives and the Senate 15 days prior to any transfer:
Provided further, That any funds so transferred under this
section shall remain available for obligation until September
30, 2012.''.
WAIVER OF FEDERAL EMPLOYMENT REQUIREMENTS
Sec. 402. Section 4601(c)(1) of the Atomic Energy Defense
Act (50 U.S.C. 2701(c)(1)) is amended by striking ``September
30, 2008'' and inserting ``September 30, 2009''.
CORPS OF ENGINEERS TECHNICAL FIX
Sec. 403. (a) In General.--Section 3181 of the Water
Resources Development Act of 2007 (Public Law 110-114; 121
Stat. 1158) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through
(11) as paragraphs (5), (6), (8), (9), (10),
(11), (12), and (13), respectively;
(B) by inserting after paragraph (3) the
following:
``(4) Northeast harbor, maine.--The project for
navigation, Northeast Harbor, Maine, authorized by
section 2 of the Act of March 2, 1945 (59 Stat. 12).'';
and
(C) by inserting after paragraph (6) (as
redesignated by subparagraph (A)) the
following:
``(7) Tenants harbor, maine.--The project for
navigation, Tenants Harbor, Maine, authorized by the
first section of the Act of March 2, 1919 (40 Stat.
1275).''; and
(2) in subsection (h)--
(A) by striking paragraphs (15) and (16);
and
(B) by redesignating paragraphs (17)
through (29) as paragraphs (15) through (27),
respectively.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat. 1041).
CORPS OF ENGINEERS REPROGRAMMING AUTHORITY
Sec. 404. Unlimited reprogramming authority is granted to
the Secretary of the Army for funds provided in title IV--
Energy and Water Development of Public Law 111-5 under the
heading ``Department of Defense--Civil, Department of the Army,
Corps of Engineers--Civil''.
BUREAU OF RECLAMATION REPROGRAMMING AUTHORITY
Sec. 405. Unlimited reprogramming authority is granted to
the Secretary of the Interior for funds provided in title IV--
Energy and Water Development of Public Law 111-5 under the
heading ``Bureau of Reclamation, Water and Related Resources''.
COST ANALYSIS OF TRITIUM PROGRAM CHANGES
Sec. 406. No funds in this Act, or other previous Acts,
shall be provided to fund activities related to the mission
relocation of either the design authority for the gas transfer
systems or tritium research and development facilities during
the current fiscal year and until the Department can provide
the Senate Appropriations Committee an independent technical
mission review and cost analysis by the JASON's as proposed in
the Complex Transformation Site-Wide Programmatic Environmental
Impact Statement.
CORPS OF ENGINEERS PROJECT COST CEILING INCREASE
Sec. 407. The project for ecosystem restoration, Upper
Newport Bay, California, authorized by section 101(b)(9) of the
Water Resources Development Act of 2000 (114 Stat. 2577), is
modified to authorize the Secretary to construct the project at
a total cost of $50,659,000, with an estimated Federal cost of
$32,928,000 and a non-Federal cost of $17,731,000.
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
Sec. 408. The matter under the heading ``Title 17
Innovative Technology Loan Guarantee Program'' of title III of
division C of the Omnibus Appropriations Act, 2009 (Public Law
111-8; 123 Stat. 619) is amended in the ninth proviso--
(1) by striking ``or (d)'' and inserting ``(d)'';
and
(2) by striking ``the guarantee'' and inserting
``the guarantee; (e) contracts, leases or other
agreements entered into prior to May 1, 2009 for front-
end nuclear fuel cycle projects, where such project
licenses technology from the Department of Energy, and
pays royalties to the federal government for such
license and the amount of such royalties will exceed
the amount of federal spending, if any, under such
contracts, leases or agreements; or (f) grants or
cooperative agreements, to the extent that obligations
of such grants or cooperative agreements have been
recorded in accordance with section 1501(a)(5) of title
31, United States Code, on or before May 1, 2009''.
TITLE V
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
National Security Council
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$2,936,000, of which $800,000 shall remain available until
expended and $2,136,000 shall remain available until September
30, 2010.
THE JUDICIARY
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
(including transfer of funds)
For an additional amount for ``Salaries and Expenses'',
$10,000,000, to remain available until September 30, 2010:
Provided, That notwithstanding section 302 of division D of
Public Law 111-8, funding shall be available for transfer
between Judiciary accounts to meet increased workload
requirements resulting from immigration and other law
enforcement initiatives.
INDEPENDENT AGENCIES
Financial Crisis Inquiry Commission
SALARIES AND EXPENSES
For the necessary expenses of the Financial Crisis Inquiry
Commission established pursuant to section 5 of the Fraud
Enforcement and Recovery Act of 2009 (Public Law 111-21),
$8,000,000, to remain available until February 15, 2011.
Securities and Exchange Commission
SALARIES AND EXPENSES
For an additional amount for necessary expenses for the
Securities and Exchange Commission, $10,000,000, to remain
available until September 30, 2010, for investigation of
securities fraud.
GENERAL PROVISIONS--THIS TITLE
Sec. 501. (a) In General.--Section 3(c)(2)(A) of Public Law
110-428 is amended--
(1) in the matter before clause (i), by striking
``4-year'' and inserting ``5-year''; and
(2) in clause (i), by striking ``1-year'' and
inserting ``2-year''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if included in the enactment of Public Law
110-428.
Sec. 502. The fourth proviso under the heading ``District
of Columbia Funds'' of title IV of division D of the Omnibus
Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 655) is
amended by striking ``and such title'' and inserting ``, as
amended by laws enacted pursuant to section 442(c) of the
District of Columbia Home Rule Act of 1973, approved December
24, 1973 (87 Stat. 798), and such title, as amended,''.
Sec. 503. Title V of division D of the Omnibus
Appropriations Act, 2009 (Public Law 111-8) is amended under
the heading ``Federal Communications Commission'' by striking
the first proviso and inserting the following: ``Provided, That
of the funds provided, not less than $3,000,000 shall be
available for developing a national broadband plan pursuant to
title VI of division B of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5) and for carrying
out any other responsibility pursuant to that title:''.
EXTENSION OF LIMITATIONS
Sec. 504. (a) In General.--Section 44(f)(1) of the Federal
Deposit Insurance Act (12 U.S.C. 1831u(f)(1)) is amended--
(1) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving the
margins 2 ems to the right;
(2) by striking ``evidence of debt by any insured''
and inserting the following: ``evidence of debt by--
``(A) any insured''; and
(3) by striking the period at the end and inserting
the following: ``; and
``(B) any nondepository institution
operating in such State, shall be equal to not
more than the greater of the State's maximum
lawful annual percentage rate or 17 percent--
``(i) to facilitate the uniform
implementation of federally mandated or
federally established programs and
financings related thereto, including--
``(I) uniform accessibility
of student loans, including the
issuance of qualified student
loan bonds as set forth in
section 144(b) of the Internal
Revenue Code of 1986;
``(II) the uniform
accessibility of mortgage
loans, including the issuance
of qualified mortgage bonds and
qualified veterans' mortgage
bonds as set forth in section
143 of such Code;
``(III) the uniform
accessibility of safe and
affordable housing programs
administered or subject to
review by the Department of
Housing and Urban Development,
including--
``(aa) the issuance
of exempt facility
bonds for qualified
residential rental
property as set forth
in section 142(d) of
such Code;
``(bb) the issuance
of low income housing
tax credits as set
forth in section 42 of
such Code, to
facilitate the uniform
accessibility of
provisions of the
American Recovery and
Reinvestment Act of
2009; and
``(cc) the issuance
of bonds and
obligations issued
under that Act, to
facilitate economic
development, higher
education, and
improvements to
infrastructure, and the
issuance of bonds and
obligations issued
under any provision of
law to further the
same; and
``(ii) to facilitate interstate
commerce generally, including consumer
loans, in the case of any person or
governmental entity (other than a
depository institution subject to
subparagraph (A) and paragraph (2)).''.
(b) Effective Period.--The amendments made by subsection
(a) shall apply with respect to contracts consummated during
the period beginning on the date of enactment of this Act and
ending on December 31, 2010.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$46,200,000, to remain available until September 30, 2010, of
which $6,200,000 shall be for the care, treatment, and
transportation of unaccompanied alien children; and of which
$40,000,000 shall be for response to border security issues on
the Southwest border of the United States.
air and marine interdiction, operations, maintenance, and procurement
For an additional amount for ``Air and Marine Interdiction,
Operations, Maintenance, and Procurement'', $5,000,000, to
remain available until September 30, 2010, for response to
border security issues on the Southwest border of the United
States.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$66,800,000, to remain available until September 30, 2010, of
which $11,800,000 shall be for the care, treatment, and
transportation of unaccompanied alien children; and of which
$55,000,000 shall be for response to border security issues on
the Southwest border of the United States.
Coast Guard
OPERATING EXPENSES
For an additional amount for ``Operating Expenses'',
$139,503,000; of which $129,503,000 shall be for Coast Guard
operations in support of Operation Iraqi Freedom and Operation
Enduring Freedom; and of which $10,000,000 shall be available
until September 30, 2010, for High Endurance Cutter
maintenance, major repairs, and improvements.
Federal Emergency Management Agency
STATE AND LOCAL PROGRAMS
For an additional amount for ``State and Local Programs'',
$30,000,000 shall be for Operation Stonegarden.
GENERAL PROVISIONS--THIS TITLE
Sec. 601. Notwithstanding sections 12112, 55102, and 55103
of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating shall issue a
certificate of documentation with appropriate endorsement for
engaging in the coastwise trade in the State of Alabama for the
drydock ALABAMA (United States official number 641504).
Sec. 602. Notwithstanding sections 55101, 55103, and 12112
of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation with a coastwise endorsement for
the vessel MARYLAND INDEPENDENCE (official number 662573). The
coastwise endorsement issued under authority of this section is
terminated if--
(1) the vessel, or controlling interest in the
person that owns the vessel, is conveyed after the date
of enactment of this Act; or
(2) any repairs or alterations are made to the
vessel outside of the United States.
(including rescission of funds)
Sec. 603. (a) Rescission.--Of amounts previously made
available from ``Federal Emergency Management Agency, Disaster
Relief'' to the State of Mississippi pursuant to section 404 of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c) for Hurricane Katrina, an additional
$100,000,000 are rescinded.
(b) Appropriation.--For ``Federal Emergency Management
Agency, State and Local Programs'', there is appropriated an
additional $100,000,000, to remain available until expended,
for a grant to the State of Mississippi for an interoperable
communications system required in the aftermath of Hurricane
Katrina.
Sec. 604. The Department of Homeland Security
Appropriations Act, 2009 (Public Law 110-329) is amended under
the heading ``Federal Emergency Management Agency, Management
and Administration'' after ``the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),''
by adding ``Cerro Grande Fire Assistance Act of 2000 (division
C, title I, 114 Stat. 583),''.
Sec. 605. Notwithstanding any provision under (a)(1)(A) of
15 U.S.C. 2229a specifying that grants must be used to increase
the number of firefighters in fire departments, the Secretary
of Homeland Security may, in making grants described under 15
U.S.C. 2229a for fiscal year 2009 or fiscal year 2010, grant
waivers from the requirements of subsection (a)(1)(B),
subsection (c)(1), subsection (c)(2), and subsection (c)(4)(A),
and may award grants for the hiring, rehiring, or retention of
firefighters.
Sec. 606. The Administrator of the Federal Emergency
Management Agency shall extend through March 2010 reimbursement
of State-run case management programs related to Hurricanes
Katrina and Rita for individuals in such programs on April 30,
2009.
Sec. 607. Section 552 of division E of the Consolidated
Appropriations Act, 2008 (Public Law 110-161) is amended by
striking ``local educational agencies'' and inserting ``primary
or secondary school sites'' and by inserting ``and section
406(c)(2)'' after ``section 406(c)(1)''.
Sec. 608. For purposes of qualification for loans made
under the Disaster Assistance Direct Loan Program as allowed
under Public Law 111-5 relating to disaster declaration FEMA-
1791-DR (issued September 13, 2008) the base period for tax
determining loss of revenue may be fiscal year 2009 or fiscal
year 2010.
Sec. 609. (a) Federal Share of Disaster Assistance.--
Notwithstanding any other provision of law, including any
agreement, the Federal share of assistance, including direct
Federal assistance provided under section 406 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5172), for damages resulting from Hurricane Ike (FEMA-
1791-DR and FEMA-1792-DR), shall be 90 percent of the eligible
costs under such section and shall be 100 percent of such costs
under sections 403 and 407 of such Act (42 U.S.C. 5170b and
5173).
(b) Notwithstanding any other provision of law, including
any agreement, the Federal share of assistance, including
direct Federal assistance provided under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172), for FEMA-1841-DR shall be 90 percent of the
eligible costs under such section and shall be 100 percent of
such costs under sections 403 and 407 of such Act (42 U.S.C.
5170b and 5173).
(c) Notwithstanding any other provision of law, including
any agreement, the Federal share of assistance, including
direct Federal assistance provided under section 406 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5172), for FEMA-1838-DR shall be 90 percent of the
eligible costs under such section and shall be 100 percent of
such costs under sections 403 and 407 of such Act (42 U.S.C.
5170b and 5173).
(d) Applicability.--The Federal share provided by
subsections (a), (b), and (c) shall apply to disaster
assistance provided before, on, or after the date of enactment
of this Act.
TITLE VII
DEPARTMENT OF THE INTERIOR
Department-Wide Programs
WILDLAND FIRE MANAGEMENT
(including transfer of funds)
For an additional amount to cover necessary expenses for
wildfire suppression and emergency rehabilitation activities of
the Department of the Interior, $50,000,000, to remain
available until expended: Provided, That such funds shall only
become available if funds provided previously for wildland fire
suppression will be exhausted imminently and after the
Secretary of the Interior notifies the Committees on
Appropriations of the House of Representatives and the Senate
in writing of the need for these additional funds: Provided
further, That the Secretary of the Interior may transfer any of
these funds to the Secretary of Agriculture if the transfer
enhances the efficiency or effectiveness of Federal wildland
fire suppression activities.
DEPARTMENT OF AGRICULTURE
Forest Service
WILDLAND FIRE MANAGEMENT
(including transfer of funds)
For an additional amount to cover necessary expenses for
wildfire suppression and emergency rehabilitation activities of
the Forest Service, $200,000,000, to remain available until
expended: Provided, That such funds shall only become available
if funds provided previously for wildland fire suppression will
be exhausted imminently and after the Secretary of Agriculture
notifies the Committees on Appropriations of the House of
Representatives and the Senate in writing of the need for these
additional funds: Provided further, That the Secretary of
Agriculture may transfer not more than $50,000,000 of these
funds to the Secretary of the Interior if the transfer enhances
the efficiency or effectiveness of Federal wildland fire
suppression activities.
GENERAL PROVISION--THIS TITLE
Sec. 701. Public Law 111-8, division E, title III,
Department of Health and Human Services, Agency for Toxic
Substances and Disease Registry, Toxic Substances and
Environmental Public Health is amended by inserting ``per
eligible employee'' after ``$1,000''.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
REFUGEE AND ENTRANT ASSISTANCE
For an additional amount for ``Refugee and Entrant
Assistance'' for necessary expenses for unaccompanied alien
children as authorized by section 462 of the Homeland Security
Act of 2002 and section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008,
$82,000,000, to remain available through September 30, 2011.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(including transfer of funds)
For an additional amount for ``Public Health and Social
Services Emergency Fund'' to prepare for and respond to an
influenza pandemic, including the development and purchase of
vaccine, antivirals, necessary medical supplies, diagnostics,
and other surveillance tools and to assist international
efforts and respond to international needs relating to the
2009-H1N1 influenza outbreak, $1,850,000,000, to remain
available until expended: Provided, That no less than
$350,000,000 shall be for upgrading State and local capacity:
Provided further, That no less than $200,000,000 shall be
transferred to the Centers for Disease Control and Prevention
to carry out global and domestic disease surveillance,
laboratory capacity and research, laboratory diagnostics, risk
communication, rapid response, and quarantine: Provided
further, That products purchased with these funds may, at the
discretion of the Secretary of Health and Human Services
(``Secretary''), be deposited in the Strategic National
Stockpile under section 319F-2 of the Public Health Service
Act: Provided further, That notwithstanding section 496(b) of
the Public Health Service Act, funds may be used for the
construction or renovation of privately owned facilities for
the production of pandemic influenza vaccine and other
biologics, where the Secretary finds such a contract necessary
to secure sufficient supplies of such vaccines or biologics:
Provided further, That funds appropriated in this paragraph and
not specifically designated in this paragraph may be
transferred to, and merged with, other appropriation accounts
of the Department of Health and Human Services and other
Federal agencies, as determined by the Secretary to be
appropriate, to be used for the purposes specified in this
paragraph and to the fund authorized by section 319F-4 of the
Public Health Service Act: Provided further, That transfers to
other Federal agencies shall be made in consultation with the
Director of the Office of Management and Budget: Provided
further, That 15 days prior to transferring any funds in this
paragraph, the Secretary shall notify the Committees on
Appropriations of the House of Representatives and the Senate
of any such transfer and the planned uses of the funds:
Provided further, That the transfer authority provided in this
paragraph is in addition to any other transfer authority
available in this or any other Act.
For an additional amount for ``Public Health and Social
Services Emergency Fund'' to prepare for and respond to an
influenza pandemic, including the development and purchase of
vaccine, antivirals, necessary medical supplies, diagnostics,
and other surveillance tools and to assist international
efforts and respond to international needs, $5,800,000,000, to
remain available until expended: Provided, That products
purchased with these funds may, at the discretion of the
Secretary of Health and Human Services, be deposited in the
Strategic National Stockpile under section 319F-2 of the Public
Health Service Act: Provided further, That funds provided in
this paragraph shall be available for obligation only in the
amounts designated by the President in one or more written
notices to the Congress as emergency funds required to address
critical needs related to emerging influenza viruses: Provided
further, That funds appropriated in this paragraph may be
transferred to, and merged with, other appropriation accounts
of the Department of Health and Human Services and other
Federal agencies to be used for the purposes specified in this
paragraph and to the fund authorized by section 319F-4 of the
Public Health Service Act: Provided further, That transfers to
other Federal agencies shall be made in consultation with the
Director of the Office of Management and Budget: Provided
further, That none of the funds provided in this paragraph
shall be made available for obligation until 15 days following
the submittal of a detailed obligation plan to the Committees
on Appropriations of the House of Representatives and the
Senate by the Department of Health and Human Services or any
other Federal agency receiving funds: Provided further, That
such plan shall be coordinated with the Executive Office of the
President, shall identify the amounts and the activities for
which funds are specified by the President, and shall be
subject to reprogramming procedures: Provided further, That the
transfer authority provided in this paragraph is in addition to
any other transfer authority available in this or any other
Act.
GENERAL PROVISIONS--THIS TITLE
(transfer of funds)
Sec. 801. Section 801(a) of division A of Public Law 111-5
is amended by inserting ``, and may be transferred by the
Department of Labor to any other account within the Department
for such purposes'' before the end period.
Sec. 802. Title II of division F of the Omnibus
Appropriations Act, 2009 (Public Law 111-8) is amended under
the heading ``Children and Families Services Programs''--
(1) by striking the first proviso in its entirety;
and
(2) by striking ``Provided further'' the first
place it appears and inserting ``Provided''.
Sec. 803. The Commissioner of the Rehabilitation Services
Administration, or the Director of a designated State unit that
has approval to make awards under section 723 of the
Rehabilitation Act, may allocate funds appropriated under the
American Reinvestment and Recovery Act of 2009 (Public Law 111-
5) (``ARRA'') for the Centers for Independent Living Program
among centers in a State without regard to the priority in
section 722(e)(3) or section 723(e)(3) of the Rehabilitation
Act of 1973 for funding new centers if the allocation is
consistent with the provisions of the State plan submitted
under section 704 of the Rehabilitation Act and approved by the
Commissioner. Such funds and other Independent Living funds
available under ARRA that are being set aside by the Department
of Education for competitive grants may be used to support
multi-year grants of up to 5 years and may be expended by any
recipients of such multi-year grants during the project period
of the grant, notwithstanding any provision in the
Rehabilitation Act limiting the period of availability for
obligation or expenditure by the grantee.
(including transfer of funds)
Sec. 804. (a) Notwithstanding any other provision of law,
during the period from September 1 through September 30, 2009,
the Secretary of Education shall transfer to the Career,
Technical, and Adult Education account an amount not to exceed
$10,260,000 from amounts that would otherwise lapse at the end
of fiscal year 2009 and that were originally made available
under the Department of Education Appropriations Act, 2009 or
any Department of Education Appropriations Act for a previous
fiscal year.
(b) Funds transferred under this section to the Career,
Technical, and Adult Education account shall be obligated by
September 30, 2009.
(c) Any amounts transferred pursuant to this section shall
be for carrying out Adult Education State Grants, and shall be
allocated, notwithstanding any other provision of law, only to
those States that received funds under that program for fiscal
year 2009 that were at least 9.9 percent less than those States
received under that program for fiscal year 2008.
(d) The Secretary shall use these additional funds to
increase those States' allocations under that program up to the
amount they received under that program for fiscal year 2008.
(e) The Secretary shall notify the Committees on
Appropriations of both Houses of Congress of any transfer
pursuant to this section.
TITLE IX
LEGISLATIVE BRANCH
CAPITOL POLICE
General Expenses
For an additional amount for ``Capitol Police, General
Expenses'', $71,606,000, to purchase and install a new radio
system for the U.S. Capitol Police, to remain available until
September 30, 2012: Provided, That the Chief of the Capitol
Police may not obligate any of the funds appropriated under
this heading without approval of an obligation plan by the
Committees on Appropriations of the Senate and the House of
Representatives.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$2,000,000, to remain available until September 30, 2010.
TITLE X
DEPARTMENT OF DEFENSE
Military Construction, Army
(including rescission)
For an additional amount for ``Military Construction,
Army'', $1,326,231,000, of which $680,850,000 shall remain
available until September 30, 2010, and of which $645,381,000
for child development centers, warrior in transition
facilities, hurricane damage repair, and planning and design
shall remain available until September 30, 2013: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law:
Provided further, That of the funds provided under this
heading, not to exceed $68,081,000 shall be available for
study, planning, design, and architect and engineer services:
Provided further, That none of the funds provided under this
heading for military construction projects in Afghanistan shall
be obligated or expended until the Secretary of Defense
certifies to the Committees on Appropriations of both Houses of
Congress that a prefinancing statement for each project has
been submitted to the North Atlantic Treaty Organization (NATO)
for consideration of funding by the NATO Security Investment
Program: Provided further, That, notwithstanding any other
provision of this Act, of the funds provided under this
heading, $143,242,000 are designated as an emergency
requirement and necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010:
Provided further, That of the funds appropriated for ``Military
Construction, Army'' under Public Law 110-252, $143,242,000 are
hereby rescinded.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy
and Marine Corps'', $235,881,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects not otherwise authorized by law: Provided further,
That of the funds provided under this heading, not to exceed
$11,000,000 shall be available for study, planning, design, and
architect and engineer services.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air
Force'', $281,620,000, of which $258,150,000 shall remain
available until September 30, 2010, and of which $23,470,000
for child development centers and planning and design shall
remain available until September 30, 2013: Provided, That
notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and
military construction projects not otherwise authorized by law:
Provided further, That of the funds provided under this
heading, not to exceed $12,070,000 shall be available for
study, planning, design, and architect and engineer services:
Provided further, That none of the funds provided under this
heading for military construction projects in Afghanistan shall
be obligated or expended until the Secretary of Defense
certifies to the Committees on Appropriations of both Houses of
Congress that a prefinancing statement for each project has
been submitted to the North Atlantic Treaty Organization (NATO)
for consideration of funding by the NATO Security Investment
Program.
Military Construction, Defense-Wide
For an additional amount for ``Military Construction,
Defense-Wide'', $661,552,000, to remain available until
September 30, 2013: Provided, That notwithstanding any other
provision of law, such funds may be obligated and expended to
carry out planning and design and military construction
projects in the United States not otherwise authorized by law:
Provided further, That of the amount provided under this
heading, $169,500,000 shall be for the construction of a
National Security Agency data center and $488,000,000 shall be
for the construction of hospitals: Provided further, That
$1,589,500,000 is hereby authorized for the National Security
Agency data center for fiscal years 2009 through 2013 for the
purposes of this appropriation: Provided further, That not
later than 30 days after the enactment of this Act, the
Secretary of Defense shall submit to the Committees on
Appropriations of both Houses of Congress an expenditure plan
for the funds provided for hospital construction under this
heading.
North Atlantic Treaty Organization Security Investment Program
For an additional amount for ``North Atlantic Treaty
Organization Security Investment Program'', $100,000,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, such funds are authorized for the
North Atlantic Treaty Security Investment Program for purposes
of section 2806 of title 10, United States Code, and section
2502 of the Military Construction Authorization Act for Fiscal
Year 2009 (division B of Public Law 110-417).
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$263,300,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, such funds may
be obligated and expended to carry out operation and
maintenance, planning and design and military construction
projects not otherwise authorized by law.
GENERAL PROVISIONS--THIS TITLE
Sec. 1001. None of the funds appropriated in this or any
other Act may be used to disestablish, reorganize, or relocate
the Armed Forces Institute of Pathology, except for the Armed
Forces Medical Examiner and the National Museum of Health and
Medicine, until the President has established, as required by
section 722 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 199; 10 U.S.C.
176 note), a Joint Pathology Center, and the Joint Pathology
Center is demonstrably performing the minimum requirements set
forth in section 722 of the National Defense Authorization Act
for Fiscal Year 2008.
Sec. 1002. (a) Entitlement.--Section 3311 of title 38,
United States Code, is amended--
(1) in subsection (b), by adding at the end the
following new paragraph:
``(9) An individual who is the child of a person
who, on or after September 11, 2001, dies in line of
duty while serving on active duty as a member of the
Armed Forces.''; and
(2) by adding at the end the following new
subsection:
``(f) Marine Gunnery Sergeant John David Fry
Scholarship.--
``(1) In general.--Educational assistance payable
by reason of paragraph (9) of subsection (b) shall be
known as the `Marine Gunnery Sergeant John David Fry
scholarship'.
``(2) Definition of child.--For purposes of that
paragraph, the term `child' includes a married
individual or an individual who is above the age of
twenty-three years.''.
(b) Amount.--Section 3313(c)(1) of such title is amended
by striking ``section 3311(b)(1) or 3311(b)(2)'' and inserting
``paragraph (1), (2), or (9) of section 3311(b)''.
(c) Time Limitation for Use.--Section 3321(b) of such
title is amended by adding at the end the following new
paragraph:
``(4) Applicability to children of deceased
members.--The period during which an individual
entitled to educational assistance by reason of section
3311(b)(9) may use such individual's entitlement
expires at the end of the 15-year period beginning on
the date of such individual's eighteenth birthday.''.
(d) Effective Date; Applicability.--
(1) Effective Date.--The amendments made by this
section shall take effect on August 1, 2009.
(2) Applicability.--The Secretary of Veterans
Affairs shall begin making payments to individuals
entitled to educational assistance by reason of
paragraph (9) of section 3311(b) of title 38, United
States Code, as added by subsection (a), by not later
than August 1, 2010. In the case of an individual
entitled to educational assistance by reason of such
paragraph for the period beginning on August 1, 2009,
and ending on July 31, 2010, the Secretary shall make
retroactive payments to such individual for such period
by not later than August 1, 2010.
TITLE XI
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular
Programs'', $997,890,000, to remain available until September
30, 2010, of which $146,358,000 is for Worldwide Security
Protection and shall remain available until expended: Provided,
That the Secretary of State may transfer up to $137,600,000 of
the funds made available under this heading to any other
appropriation of any department or agency of the United States,
upon the concurrence of the head of such department or agency,
to support operations in and assistance for Afghanistan and to
carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That of the funds appropriated under this
heading, up to $10,000,000 for public diplomacy activities may
be transferred to, and merged with, funds made available under
the heading ``International Broadcasting Operations'' for
broadcasting activities to the Pakistan-Afghanistan border
region.
OFFICE OF INSPECTOR GENERAL
(including transfer of funds)
For an additional amount for ``Office of Inspector
General'', $24,122,000, to remain available until September 30,
2010, of which $7,000,000 shall be transferred to the Special
Inspector General for Iraq Reconstruction for reconstruction
oversight, and $7,200,000 shall be transferred to the Special
Inspector General for Afghanistan Reconstruction for
reconstruction oversight: Provided, That the Special Inspector
General for Afghanistan Reconstruction may exercise the
authorities of subsections (b) through (i) of section 3161 of
title 5, United States Code (without regard to subsection (a)
of such section) for funds made available for fiscal years 2009
and 2010: Provided further, That the Inspector General of the
United States Department of State and the Broadcasting Board of
Governors, the Special Inspector General for Iraq
Reconstruction, the Special Inspector General for Afghanistan
Reconstruction, and the Inspector General of the United States
Agency for International Development shall coordinate and
integrate the programming of funds made available under this
heading in fiscal year 2009 for oversight of programs in
Afghanistan, Pakistan and Iraq: Provided further, That the
Secretary of State shall submit to the Committees on
Appropriations, within 30 days of completion, the annual
comprehensive audit plan for the Middle East and South Asia
developed by the Southwest Asia Joint Planning Group in
accordance with section 842 of Public Law 110-181.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ``Embassy Security,
Construction, and Maintenance'', $921,500,000, to remain
available until
expended, for worldwide security upgrades, acquisition, and
construction as authorized, and shall be made available for
secure diplomatic facilities and housing for United States
mission staff in
Afghanistan and Pakistan, and for mobile mail screening units.
International Organizations
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $721,000,000, to
remain available until September 30, 2010.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
For an additional amount for ``Operating Expenses'',
$157,600,000, to remain available until September 30, 2010.
CAPITAL INVESTMENT FUND
For an additional amount for ``Capital Investment Fund'',
$48,500,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
For an additional amount for ``Office of Inspector
General'', $3,500,000, to remain available until September 30,
2010, for oversight of programs in Afghanistan and Pakistan.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH AND CHILD SURVIVAL
For an additional amount for ``Global Health and Child
Survival'', $150,000,000, to remain available until September
30, 2010: Provided, That $50,000,000 shall be made available
for pandemic preparedness and response: Provided further, That
$100,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public
Law 108-25), for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria: Provided
further, That notwithstanding any other provision of law, to
include minimum funding requirements or funding directives, if
the President determines and reports to the Committees on
Appropriations that the human-to-human transmission of the H1N1
virus is efficient and sustained, severe, and is spreading
internationally, funds made available under the headings
``Global Health and Child Survival'', ``Development
Assistance'', ``Economic Support Fund'', and ``Millennium
Challenge Corporation'' in prior Acts making appropriations for
the Department of State, foreign operations, and related
programs may be made available to combat the H1N1 virus:
Provided further, That funds made available pursuant to the
authority of the previous proviso shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ``International Disaster
Assistance'', $270,000,000, to remain available until expended.
ECONOMIC SUPPORT FUND
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$2,973,601,000, to remain available until September 30, 2010:
Provided, That of the funds made available under this heading
for assistance for the West Bank and Gaza, $2,000,000 shall be
transferred to, and merged with, funds available under the
heading ``United States Agency for International Development,
Funds Appropriated to the President, Office of Inspector
General'' to conduct oversight of programs in the West Bank and
Gaza: Provided further, That of the amounts made available for
assistance for the West Bank and Gaza, not more than
$200,000,000 may be made available for cash transfer assistance
to the Palestinian Authority: Provided further, That none of
the funds made available under this heading for cash transfer
assistance to the Palestinian Authority may be obligated for
salaries of personnel of the Palestinian Authority located in
Gaza: Provided further, That of the funds appropriated under
this heading, up to $10,000,000 may be made available for
humanitarian assistance in Burma for individuals and
communities impacted by Cyclone Nargis, notwithstanding any
other provision of law: Provided further, That of the funds
appropriated under this heading for assistance for Afghanistan
and Pakistan, assistance may be provided notwithstanding any
provision of law that restricts assistance to foreign countries
for cross border stabilization and development programs between
Afghanistan and Pakistan or between either country and the
Central Asian republics, and shall be administered by the
Special Representative for Afghanistan and Pakistan at the
Department of State: Provided further, That none of the funds
appropriated in this title for democracy and civil society
programs may be made available for the construction of
facilities in the United States.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
For an additional amount for ``Assistance for Europe,
Eurasia and Central Asia'', $272,000,000, to remain available
until September 30, 2010, of which $242,000,000 shall be
available for assistance for Georgia: Provided, That funds
appropriated under this heading may be made available for
assistance for other Eurasian countries to meet unanticipated
requirements only if the Secretary of State determines and
reports to the Committees on Appropriations that to do so is in
the national security interests of the United States: Provided
further, That of the funds appropriated under this heading,
$30,000,000 may be made available for assistance for the Kyrgyz
Republic to provide a long-range air traffic control and safety
system to support air operations in the Kyrgyz Republic,
including at Manas International Airport, notwithstanding any
other provision of law: Provided further, That funds
appropriated under this heading shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ``International Narcotics
Control and Law Enforcement'', $487,500,000, to remain
available until September 30, 2010: Provided, That not less
than $160,000,000 shall be made available for assistance for
Mexico to combat drug trafficking and related violence and
organized crime, and for judicial reform, institution building,
anti-corruption, and rule of law activities: Provided further,
That funds made available pursuant to the previous proviso
shall be made available subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations, except that notifications shall be transmitted
at least 5 days in advance of the obligation of any funds
appropriated under this heading: Provided further, That none of
the funds appropriated in this title may be made available for
the cost of fuel for aircraft provided to Mexico, or for
operations and maintenance of aircraft purchased by the
Government of Mexico: Provided further, That in order to
enhance border security and cooperation in law enforcement
efforts between Mexico and the United States, funds
appropriated in this title that are available for assistance
for Mexico may be made available for the procurement of law
enforcement communications equipment only if such equipment
utilizes open standards and is compatible with, and capable of
operating with, radio communications systems and related
equipment utilized by Federal law enforcement agencies in the
United States to enhance border security and cooperation in law
enforcement efforts between Mexico and the United States.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For an additional amount for ``Nonproliferation, Anti-
Terrorism, Demining and Related Programs'', $102,000,000, to
remain available until September 30, 2010, of which up to
$77,000,000 may be made available for the Nonproliferation and
Disarmament Fund, notwithstanding any other provision of law,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament and weapons destruction, and
shall remain available until expended: Provided, That funds
made available for the Nonproliferation and Disarmament Fund
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That the Secretary of State shall work
assiduously to facilitate the regular flow of people and licit
goods in and out of Gaza at established border crossings.
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ``Migration and Refugee
Assistance'', $390,000,000, to remain available until expended.
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
PEACEKEEPING OPERATIONS
For an additional amount for ``Peacekeeping Operations'',
$185,000,000, to remain available until September 30, 2010:
Provided, That up to $168,000,000 may be made available for
assistance for Somalia, of which up to $115,900,000 may be used
to pay assessed expenses of international peacekeeping
activities in Somalia: Provided further, That of the funds
appropriated under this heading, $15,000,000 shall be made
available for assistance for the Democratic Republic of the
Congo and $2,000,000 shall be made available for the
Multinational Force and Observer mission in the Sinai.
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For an additional amount for ``International Military
Education and Training'', $2,000,000, to remain available until
September 30, 2010, for assistance for Iraq.
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ``Foreign Military Financing
Program'', $1,294,000,000, to remain available until September
30, 2010: Provided, That not less than $260,000,000 shall be
made available for assistance for the Mexican Navy and shall be
available notwithstanding section 7045(e) of the Department of
State, Foreign Operations, and Related Programs Appropriations
Act, 2009 (division H of Public Law 111-8): Provided further,
That funds made available pursuant to the previous proviso
shall be available notwithstanding section 36(b) of the Arms
Export Control Act: Provided further, That of the funds
appropriated under this heading, not less than $150,000,000
shall be made available for assistance for Jordan: Provided
further, That of the funds appropriated under this heading, not
less than $555,000,000, shall be available for grants only for
Israel and shall be disbursed not later than October 30, 2009:
Provided further, That to the extent that the Government of
Israel requests that funds be used for such purposes, grants
made available for Israel by this paragraph shall, as agreed by
the United States and Israel, be available for advanced weapons
systems, of which $145,965,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of
the funds appropriated under this heading, not less than
$260,000,000 shall be made available for grants only for Egypt,
including for border security programs and activities in the
Sinai: Provided further, That funds appropriated pursuant to
the previous proviso estimated to be outlayed for Egypt shall
be transferred to an interest bearing account for Egypt in the
Federal Reserve Bank of New York not later than October 30,
2009: Provided further, That up to $69,000,000 may be made
available for assistance for Lebanon.
PAKISTAN COUNTERINSURGENCY CAPABILITY FUND
(including transfer of funds)
There is hereby established in the Treasury of the United
States a special account to be known as the ``Pakistan
Counterinsurgency Capability Fund''. For necessary expenses to
carry out the provisions of chapter 8 of part I and chapters 2,
5, 6, and 8 of part II of the Foreign Assistance Act of 1961
and section 23 of the Arms Export Control Act for
counterinsurgency activities in Pakistan, $700,000,000, which
shall become available on September 30, 2009, and remain
available until September 30, 2011: Provided, That such funds
shall be available to the Secretary of State, with the
concurrence of the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of providing assistance
for Pakistan to build and maintain the counterinsurgency
capability of Pakistani security forces (including the Frontier
Corps), to include program management and the provision of
equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction: Provided
further, That such funds may be transferred by the Secretary of
State to the Department of Defense or other Federal departments
or agencies to support counterinsurgency operations and may be
merged with and be available for the same purposes and for the
same time period as the appropriation or fund to which
transferred, or may be transferred pursuant to the authorities
contained in the Foreign Assistance Act of 1961: Provided
further, That the Secretary of State shall, not fewer than 15
days prior to making transfers from this appropriation, notify
the Committees on Appropriations, and the congressional defense
and foreign affairs committees, in writing of the details of
any such transfer: Provided further, That the Secretary of
State shall submit not later than 30 days after the end of each
fiscal quarter to the Committees on Appropriations a report
summarizing, on a project-by-project basis, the transfer of
funds from this appropriation: Provided further, That upon
determination by the Secretary of Defense or head of other
Federal department or agency, with the concurrence of the
Secretary of State, that all or part of the funds so
transferred from this appropriation are not necessary for the
purposes herein, such amounts may be transferred by the head of
the relevant Federal department or agency back to this
appropriation and shall be available for the same purposes and
for the same time period as originally appropriated: Provided
further, That any required notification or report may be
submitted in classified or unclassified form.
GENERAL PROVISIONS--THIS TITLE
EXTENSION OF AUTHORITIES
Sec. 1101. Funds appropriated in this title may be
obligated and expended notwithstanding section 10 of Public Law
91-672, section 15 of the State Department Basic Authorities
Act of 1956, section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236), and
section 504(a)(1) of the National Security Act of 1947 (50
U.S.C. 414(a)(1)).
AFGHANISTAN
Sec. 1102. (a) In General.--Funds appropriated in this
title under the heading ``Economic Support Fund'' that are
available for assistance for Afghanistan shall be made
available, to the maximum extent practicable, in a manner that
utilizes Afghan entities and emphasizes the participation of
Afghan women and directly improves the security, economic and
social well-being, and political status, of Afghan women and
girls.
(b) Assistance for Women and Girls.--
(1) Funds appropriated in this title for assistance
for Afghanistan shall comply with sections 7062 and
7063 of Public Law 111-8, and shall be made available
to support programs that increase participation by
women in the political process, including at the
national, provincial, and sub-provincial levels, and in
efforts to improve security in Afghanistan.
(2) Of the funds appropriated for assistance for
Afghanistan in fiscal year 2009 under the headings
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'', not less than
$150,000,000 shall be made available to support
programs that directly address the needs of Afghan
women and girls, including for the Afghan Independent
Human Rights Commission, the Afghan Ministry of Women's
Affairs, and for women-led nongovernmental
organizations.
(c) Procurement of Afghan Products and Services.--
(1) In general.--Funds made available for
assistance for Afghanistan in this title and in prior
acts appropriating funds for Department of State,
foreign operations, and related programs, may be used
to conduct procurements and to award assistance
instruments in which--
(A) competition is limited to products,
services, or sources that are from Afghanistan;
(B) procedures other than competitive
procedures are used to award a contract or
assistance instrument to a particular source or
sources from Afghanistan; or
(C) a preference is provided for products,
services, or sources that are from Afghanistan.
(2) Products, services, and sources from
afghanistan.--For the purposes of this section:
(A) A product is from Afghanistan if it is
mined, produced, or manufactured in
Afghanistan.
(B) A service is from Afghanistan if it is
performed in Afghanistan by citizens or
permanent resident aliens of Afghanistan.
(C) A source is from Afghanistan if it--
(i) is located in Afghanistan; and
(ii) offers products or services
that are from Afghanistan.
(3) Reporting and consulting requirement.--Not less
than 180 days after enactment of this Act the Secretary
of State shall submit a report to the Committees on
Appropriations on efforts undertaken by the Department
of State and the United States Agency for International
Development (USAID) to utilize this authority in order
to enhance participation by Afghan entities in
development activities in Afghanistan: Provided, That
the Secretary of State and the Administrator of USAID
shall consult with the Committees on Appropriations
regarding the exercise of the authority of this
subsection and prior to submitting the report required
by this paragraph: Provided further, That the exercise
of such authority in excess of $15,000,000 for any
single contract or assistance instrument is subject to
the regular notification procedures of the Committees
on Appropriations.
(d) Anticorruption.--Ten percent of the funds appropriated
under the heading ``International Narcotics Control and Law
Enforcement'' that are available for assistance for the
Government of Afghanistan shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that the Government of Afghanistan is
implementing a policy to promptly remove from office any
government official who is credibly alleged to have engaged in
narcotics trafficking, gross violations of human rights, or
other major crimes.
(e) Acquisition of Property.--Not more than $20,000,000 of
the funds appropriated in this title should be made available
to pay for the acquisition of property for diplomatic
facilities in Afghanistan.
(f) United Nations Development Program.--Funds appropriated
in this title may be made available for programs and activities
of the United Nations Development Program (UNDP) in Afghanistan
if the Secretary of State reports to the Committees on
Appropriations that UNDP is fully cooperating with efforts of
the United States Agency for International Development (USAID)
to investigate expenditures by UNDP of USAID funds associated
with the Quick Impact Program in Afghanistan.
(g) National Solidarity Program.--Of the funds appropriated
in this title under the heading ``Economic Support Fund'' that
are available for assistance for Afghanistan, not less than
$70,000,000 shall be made available for the National Solidarity
Program.
(h) Airwings.--The uses and oversight of aircraft purchased
or leased by the Department of State and the United States
Agency for International Development by funds appropriated by
this Act or prior Acts making appropriations for the Department
of State, foreign operations and related programs shall be
coordinated under the authority of the United States Chief of
Mission in Afghanistan: Provided, That such aircraft may be
used to transport Federal and non-Federal personnel supporting
the Department of State and United States Agency for
International Development programs and activities: Provided
further, That official travel for other agencies for other
purposes may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis.
ALLOCATIONS
Sec. 1103. (a) Funds appropriated in this title for the
following accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the joint statement accompanying this Act:
(1) ``Diplomatic and Consular Programs''.
(2) ``Embassy Security, Construction, and
Maintenance''.
(3) ``Economic Support Fund''.
(4) ``International Narcotics Control and Law
Enforcement''.
(b) For the purposes of implementing this section, and only
with respect to the tables included in the joint statement
accompanying this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development, as appropriate, may propose deviations to the
amounts referenced in subsection (a), subject to the regular
notification procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961.
SPENDING PLAN AND NOTIFICATION PROCEDURES
Sec. 1104. (a) Spending Plan.--Not later than 45 days after
the enactment of this Act, the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development, shall submit to the Committees
on Appropriations a report detailing planned expenditures for
funds appropriated in this title, except for funds appropriated
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance''.
(b) Notification.--Funds made available in this title shall
be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
GLOBAL FINANCIAL CRISIS
Sec. 1105. (a) In General.--Of the funds appropriated in
this title under the heading ``Economic Support Fund'', not
more than $255,601,000 may be made available for assistance for
vulnerable populations in developing countries severely
affected by the global financial crisis that--
(1) have a 2007 per capita Gross National Income of
$3,705 or less;
(2) have seen a contraction in predicted growth
rates of 2 percent or more since 2007; and
(3) demonstrate consistent improvement on the
democracy and governance indicators as measured by the
Millennium Challenge Corporation 2009 Country
Scorebook.
(b) Transfer Authorities.--Of the funds appropriated in
this title under the heading ``Economic Support Fund'' for
developing countries impacted by the global financial crisis--
(1) up to $29,000,000 may be transferred and merged
with ``Development Credit Authority'', for the cost of
direct loans and loan guarantees notwithstanding the
dollar limitations in such account on transfers to the
account and the principal amount of loans made or
guaranteed with respect to any single country or
borrower: Provided, That such transferred funds may be
available to subsidize total loan principal, any
portion of which is to be guaranteed, of up to
$2,000,000,000: Provided further, That the authority
provided by the previous proviso is in addition to
authority provided under the heading ``Development
Credit Authority'' in Public Law 111-8: Provided
further, That up to $1,500,000 may be for
administrative expenses to carry out credit programs
administered by the United States Agency for
International Development; and
(2) up to $20,000,000 may be transferred to, and
merged with, ``Overseas Private Investment Corporation
Program Account'': Provided, That the authority
provided in this paragraph is in addition to authority
provided in section 7081 in Public Law 111-8.
(c) Reprogramming Authority.--Notwithstanding any other
provision of law, funds appropriated under the heading
``Millennium Challenge Corporation'' (MCC) in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for programs and
activities to assist vulnerable populations severely affected
by the global financial crisis in a country that has signed a
compact with the MCC or has been designated by the MCC as a
threshold country: Provided, That such a modification of a
compact or threshold program by the MCC should be made, if
practicable, prior to making available additional assistance
for such purposes: Provided further, That the MCC shall consult
with the Committees on Appropriations prior to exercising the
authority of this subsection.
(d) Report.--The Secretary of State, in consultation with
the Administrator of the United States Agency for International
Development (USAID), shall submit a spending plan not later
than 45 days after the date of enactment of this Act to the
Committees on Appropriations, and prior to the initial
obligation of funds appropriated for countries impacted by the
global economic crisis, detailing the use of all funds on a
country-by-country, and project-by-project basis: Provided,
That for each project, the report shall include (1) the
projected long-term economic impact of providing such funds;
(2) the name of the entity or implementing organization to
which funds are being provided; (3) whether funds will be
provided as a direct cash transfer to a local or national
government entity; and (4) an assessment of whether USAID has
reviewed its existing programs in such country to determine
reprogramming opportunities to increase assistance for
vulnerable populations: Provided further, That funds
transferred to the Development Credit Authority and the
Overseas Private Investment Corporation are subject to the
reporting requirements in section 1104.
IRAQ
Sec. 1106. (a) In General.--Funds appropriated in this
title that are available for assistance for Iraq shall be made
available, to the maximum extent practicable, in a manner that
utilizes Iraqi entities.
(b) Matching Requirement.--Funds appropriated in this title
for assistance for Iraq shall be made available in accordance
with the Department of State's April 9, 2009, ``Guidelines for
Government of Iraq Financial Participation in United States
Government-Funded Civilian Foreign Assistance Programs and
Projects''.
(c) Other Assistance.--Of the funds appropriated in this
title under the heading ``Economic Support Fund'', not less
than $15,000,000 shall be made available for targeted
development programs and activities in areas of conflict in
Iraq, and the responsibility for policy decisions and
justifications for the use of such funds shall be the
responsibility of the United States Chief of Mission in Iraq.
PROHIBITION ON ASSISTANCE TO HAMAS
Sec. 1107. (a) None of the funds appropriated in this title
may be made available for assistance to Hamas, or any entity
effectively controlled by Hamas or any power-sharing government
of which Hamas is a member.
(b) Notwithstanding the limitation of subsection (a),
assistance may be provided to a power-sharing government only
if the President certifies in writing and reports to the
Committees on Appropriations that such government, including
all of its ministers or such equivalent, has publicly accepted
and is complying with the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961.
(c) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this section.
(d) Whenever the certification pursuant to subsection (b)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent,
are continuing to comply with the principles contained in
section 620K(b)(1)(A) and (B) of the Foreign Assistance Act of
1961. The report shall also detail the amount, purposes and
delivery mechanisms for any assistance provided pursuant to the
abovementioned certification and a full accounting of any
direct support of such government.
TERMS AND CONDITIONS
Sec. 1108. Unless otherwise provided for in this Act,
funds appropriated or otherwise made available in this title
shall be available under the authorities and conditions
provided in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public
Law 111-8), except that sections 7070(e), with respect to funds
made available for macroeconomic growth assistance for
Zimbabwe, and 7042(a) and (c) of such Act shall not apply to
funds made available in this title.
MULTILATERAL DEVELOPMENT BANK REPLENISHMENTS
Sec. 1109. (a) International Development Association.--The
International Development Association Act (22 U.S.C. 284 et
seq.) is amended by adding at the end thereof the following:
``SEC. 24. FIFTEENTH REPLENISHMENT.
``(a) The United States Governor of the International
Development Association is authorized to contribute on behalf
of the United States $3,705,000,000 to the fifteenth
replenishment of the resources of the Association, subject to
obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $3,705,000,000
for payment by the Secretary of the Treasury.
``SEC. 25. MULTILATERAL DEBT RELIEF.
``(a) The Secretary of the Treasury is authorized to
contribute, on behalf of the United States, not more than
$356,000,000 to the International Development Association for
the purpose of funding debt relief under the Multilateral Debt
Relief Initiative in the period governed by the fifteenth
replenishment of resources of the International Development
Association, subject to obtaining the necessary appropriations
and without prejudice to any funding arrangements in existence
on the date of the enactment of this section.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, not more than
$356,000,000 for payment by the Secretary of the Treasury.
``(c) In this section, the term `Multilateral Debt Relief
Initiative' means the proposal set out in the G8 Finance
Ministers' Communique entitled `Conclusions on Development,'
done at London, June 11, 2005, and reaffirmed by G8 Heads of
State at the Gleneagles Summit on July 8, 2005.''.
(b) African Development Fund.--The African Development Fund
Act (22 U.S.C. 290 et seq.) is amended by adding at the end
thereof the following:
``SEC. 219. ELEVENTH REPLENISHMENT.
``(a) The United States Governor of the African Development
Fund is authorized to contribute on behalf of the United States
$468,165,000 to the eleventh replenishment of the resources of
the Fund, subject to obtaining the necessary appropriations.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, $468,165,000 for
payment by the Secretary of the Treasury.
``SEC. 220. MULTILATERAL DEBT RELIEF INITIATIVE.
``(a) The Secretary of the Treasury is authorized to
contribute, on behalf of the United States, not more than
$26,000,000 to the African Development Fund for the purpose of
funding debt relief under the Multilateral Debt Relief
Initiative in the period governed by the eleventh replenishment
of resources of the African Development Fund, subject to
obtaining the necessary appropriations and without prejudice to
any funding arrangements in existence on the date of the
enactment of this section.
``(b) In order to pay for the United States contribution
provided for in subsection (a), there are authorized to be
appropriated, without fiscal year limitation, not more than
$26,000,000 for payment by the Secretary of the Treasury.''.
promotion of policy goals at the world bank group
Sec. 1110. Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding
at the end thereof the following:
``SEC. 1626. REFORM OF THE `DOING BUSINESS' REPORT OF THE WORLD BANK.
``(a) The Secretary of the Treasury shall instruct the
United States Executive Directors at the International Bank for
Reconstruction and Development, the International Development
Association, and the International Finance Corporation of the
following United States policy goals, and to use the voice and
vote of the United States to actively promote and work to
achieve these goals:
``(1) Suspension of the use of the `Employing
Workers' Indicator for the purpose of ranking or
scoring country performance in the annual Doing
Business Report of the World Bank until a set of
indicators can be devised that fairly represent the
value of internationally recognized workers' rights,
including core labor standards, in creating a stable
and favorable environment for attracting private
investment. The indicators shall bring to bear the
experiences of the member governments in dealing with
the economic, social and political complexity of labor
market issues. The indicators should be developed
through collaborative discussions with and between the
World Bank, the International Finance Corporation, the
International Labor Organization, private companies,
and labor unions.
``(2) Elimination of the `Labor Tax and Social
Contributions' Subindicator from the annual Doing
Business Report of the World Bank.
``(3) Removal of the `Employing Workers' Indicator
as a `guidepost' for calculating the annual Country
Policy and Institutional Assessment score for each
recipient country.
``(b) Within 60 days after the date of the enactment of
this section, the Secretary of the Treasury shall provide an
instruction to the United States Executive Directors referred
to in subsection (a) to take appropriate actions with respect
to implementing the policy goals of the United States set forth
in subsection (a), and such instruction shall be posted on the
website of the Department of the Treasury.
``SEC. 1627. ENHANCING THE TRANSPARENCY AND EFFECTIVENESS OF THE
INSPECTION PANEL PROCESS OF THE WORLD BANK.
``(a) Enhancing Transparency in Implementation of
Management Action Plans.--The Secretary of the Treasury shall
direct the United States Executive Directors at the World Bank
to seek to ensure that World Bank Procedure 17.55, which
establishes the operating procedures of Management with regard
to the Inspection Panel, provides that Management prepare and
make available to the public semiannual progress reports
describing implementation of Action Plans considered by the
Board; allow and receive comments from Requesters and other
Affected Parties for two months after the date of disclosure of
the progress reports; post these comments on World Bank and
Inspection Panel websites (after receiving permission from the
requestors to post with or without attribution); submit the
reports to the Board with any comments received; and make
public the substance of any actions taken by the Board after
Board consideration of the reports.
``(b) Safeguarding the Independence and Effectiveness of
the Inspection Panel.--The Secretary of the Treasury shall
direct the United States Executive Directors at the World Bank
to continue to promote the independence and effectiveness of
the Inspection Panel, including by seeking to ensure the
availability of, and access by claimants to, the Inspection
Panel for projects supported by World Bank resources.
``(c) Evaluation of Country Systems.--The Secretary of the
Treasury shall direct the United States Executive Directors at
the World Bank to request an evaluation by the Independent
Evaluation Group on the use of country environmental and social
safeguard systems to determine the degree to which, in
practice, the use of such systems provides the same level of
protection at the project level as do the policies and
procedures of the World Bank.
``(d) World Bank Defined.--In this section, the term `World
Bank' means the International Bank for Reconstruction and
Development and the International Development Association.''.
climate change mitigation and greenhouse gas accounting
Sec. 1111. Title XIII of the International Financial
Institutions Act (22 U.S.C. 262m et seq.) is amended by adding
at the end thereof the following:
``SEC. 1308. CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING.
``(a) Use of Greenhouse Gas Accounting.--The Secretary of
the Treasury shall seek to ensure that multilateral development
banks (as defined in section 1701(c)(4) of this Act) adopt and
implement greenhouse gas accounting in analyzing the benefits
and costs of individual projects (excluding those with de
minimus greenhouse gas emissions) for which funding is sought
from the bank.
``(b) Expansion of Climate Change Mitigation Activities.--
The Secretary of the Treasury shall work to ensure that the
multilateral development banks (as defined in section
1701(c)(4)) expand their activities supporting climate change
mitigation by--
``(1) significantly expanding support for
investments in energy efficiency and renewable energy,
including zero carbon technologies;
``(2) reviewing all proposed infrastructure
investments to ensure that all opportunities for
integrating energy efficiency measures have been
considered;
``(3) increasing the dialogue with the governments
of developing countries regarding--
``(A) analysis and policy measures needed
for low carbon emission economic development;
and
``(B) reforms needed to promote private
sector investments in energy efficiency and
renewable energy, including zero carbon
technologies; and
``(4) integrate low carbon emission economic
development objectives into multilateral development
bank country strategies.
``(c) Report to Congress.--Not later than 1 year after the
date of the enactment of this section, and annually thereafter,
the Secretary of the Treasury shall submit a report on the
status of efforts to implement this section to the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on Financial Services and the
Committee on Appropriations of the House of Representatives.''.
MULTILATERAL DEVELOPMENT BANK REFORM
Sec. 1112. (a) Budget Disclosure.--The Secretary of the
Treasury shall seek to ensure that the multilateral development
banks make timely, public disclosure of their operating budgets
including expenses for staff, consultants, travel and
facilities.
(b) Evaluation.--The Secretary of the Treasury shall seek
to ensure that multilateral development banks rigorously
evaluate the development impact of selected bank projects,
programs, and financing operations, and emphasize use of random
assignment in conducting such evaluations, where appropriate
and to the extent feasible.
(c) Extractive Industries.--The Secretary of the Treasury
shall direct the United States Executive Directors at the
multilateral development banks to promote the endorsement of
the Extractive Industry Transparency Initiative (EITI) by these
institutions and the integration of the principles of the EITI
into extractive industry-related projects that are funded by
the multilateral development banks.
(d) Report.--Not later than September 30, 2009, the
Secretary of the Treasury shall submit a report to the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate, and the Committee on Appropriations
and the Committee on Financial Services of the House of
Representatives detailing actions taken by the multilateral
development banks to achieve the objectives of this section.
(e) Coordination of Development Policy.--The Secretary of
the Treasury shall consult with the Secretary of State, the
Administrator of the United States Agency for International
Development, and other Federal agencies, as appropriate, in the
formulation and implementation of United States policy relating
to the development activities of the World Bank Group.
OVERSEAS COMPARABILITY PAY ADJUSTMENT
Sec. 1113. (a) Subject to such regulations prescribed by
the Secretary of State, including with respect to phase-in
schedule and treatment as basic pay, and notwithstanding any
other provision of law, funds appropriated for this fiscal year
in this or any other Act may be used to pay an eligible member
of the Foreign Service as defined in subsection (b) of this
section a locality-based comparability payment (stated as a
percentage) up to the amount of the locality-based
comparability payment (stated as a percentage) that would be
payable to such member under section 5304 of title 5, United
States Code if such member's official duty station were in the
District of Columbia.
(b) A member of the Service shall be eligible for a payment
under this section only if the member is designated class 1 or
below for purposes of section 403 of the Foreign Service Act of
1980 (22 U.S.C. 3963) and the member's official duty station is
not in the continental United States or in a non-foreign area,
as defined in section 591.205 of title 5, Code of Federal
Regulations.
(c) The amount of any locality-based comparability payment
that is paid to a member of the Foreign Service under this
section shall be subject to any limitations on pay applicable
to locality-based comparability payments under section 5304 of
title 5, United States Code.
REFUGEE PROGRAMS AND OVERSIGHT
(including transfer of funds)
Sec. 1114. (a) Funding.--Of the funds appropriated in this
title under the heading ``Migration and Refugee Assistance'',
up to $119,000,000 may be made available to the United Nations
Relief and Works Agency for activities in the West Bank and
Gaza.
(b) Oversight.--Of the funds made available in this title
under the heading ``Economic Support Fund'' for assistance for
the West Bank and Gaza, $1,000,000 shall be transferred to, and
merged with, funds available under the heading ``Administration
of Foreign Affairs, Office of Inspector General'' for oversight
of programs in the West Bank, Gaza and surrounding region.
TECHNICAL AND OTHER PROVISIONS
Sec. 1115. (a) Modification.--Title III of division H of
Public Law 111-8 is amended under the heading ``Economic
Support Fund'' in the second proviso by striking ``up to
$20,000,000'' and inserting ``not less than $20,000,000''.
(b) Notification Requirement.--Funds appropriated by this
Act that are transferred to the Department of State or the
United States Agency for International Development from any
other Federal department or agency shall be subject to the
regular notification procedures of the Committees on
Appropriations, notwithstanding any other provision of law.
(c) Reemployment of Annuitants.--
(1) Section 824 of the Foreign Service Act of 1980
(22 U.S.C. 4064) is amended in subsection (g)(1) by
inserting
``, Pakistan,'' after ``Iraq'' each place it appears;
and, in subsection (g)(2) by striking ``2009'' and
inserting instead ``2010''.
(2) Section 61 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2733) is amended in
subsection (a)(1) by adding
``, Pakistan,'' after ``Iraq'' each place it appears;
and, in subsection (a)(2) by striking ``2008'' and
inserting instead ``2010''.
(3) Section 625 of the Foreign Assistance Act of
1961 (22 U.S.C. 2385) is amended in subsection
(j)(1)(A) by adding ``, Pakistan,'' after ``Iraq'' each
place it appears; and, in subsection (j)(1)(B) by
striking ``2008'' and inserting instead ``2010''.
(d) Incentives for Critical Posts.--Notwithstanding
sections 5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United
States Code, appropriations made available by this or any other
Act may be used to pay recruitment, relocation, and retention
bonuses under chapter 57 of title 5, United States Code to
members of the Foreign Service, other than chiefs of mission
and ambassadors at large, who are on official duty in Iraq,
Afghanistan, or Pakistan. This authority shall terminate on
October 1, 2010.
(e) Of the funds appropriated under the heading ``Foreign
Military Financing Program'' in Public Law 110-161 that are
available for assistance for Colombia, $500,000 may be
transferred to, and merged with, funds appropriated under the
heading ``International Narcotics Control and Law Enforcement''
to provide medical and rehabilitation assistance for members of
Colombian security forces who have suffered severe injuries.
AFGHANISTAN AND PAKISTAN COMMITMENT AND CAPABILITIES REPORT
Sec. 1116. (a) Reporting Requirement.--Not later than the
date of submission of the fiscal year 2011 budget request, the
President shall submit a report to the appropriate
congressional committees, in classified form if necessary,
assessing the extent to which the Afghan and Pakistani
governments are demonstrating the necessary commitment,
capability, conduct and unity of purpose to warrant the
continuation of the President's policy announced on March 27,
2009, to include:
(1) the level of political consensus and unity of
purpose across ethnic, tribal, religious and political
party affiliations to confront the political and
security challenges facing the region;
(2) the level of government corruption that
undermines such political consensus and unity of
purpose, and actions taken to eliminate it;
(3) the actions taken by respective security forces
and appropriate government entities in developing a
counterinsurgency capability, conducting
counterinsurgency operations and establishing security
and governance on the ground;
(4) the actions taken by respective intelligence
agencies in cooperating with the United States on
counterinsurgency and counterterrorism operations and
in terminating policies and programs, and removing
personnel, that provide material support to extremist
networks that target United States troops or undermine
United States objectives in the region;
(5) the ability of the Afghan and Pakistani
governments to effectively control and govern the
territory within their respective borders; and
(6) the ways in which United States Government
assistance contributed, or failed to contribute, to
achieving the actions outlined above.
(b) Policy Assessment.--The President, on the basis of
information gathered and coordinated by the National Security
Council, shall advise the appropriate congressional committees
on how such assessment requires, or does not require, changes
to such policy.
(c) Definition.--For purposes of this section,
``appropriate congressional committees'' means the Committees
on Appropriations, Foreign Relations and Armed Services of the
Senate, and the Committees on Appropriations, Foreign Affairs
and Armed Services of the House of Representatives.
UNITED STATES POLICY REPORT ON AFGHANISTAN AND PAKISTAN
Sec. 1117. (a) Statement of Objectives.--Not later than 90
days after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees a
clear statement of the objectives of United States policy with
respect to Afghanistan and Pakistan, and the metrics to be
utilized to assess progress toward achieving such objectives.
(b) Reporting Requirement.--Not later than March 30, 2010
and every 180 days thereafter until September 30, 2011, the
President, in consultation with Coalition partners as
appropriate, shall submit to the appropriate congressional
committees a report, in classified form if necessary, setting
forth the following:
(1) a description and assessment of the progress of
United States Government efforts, including those of
the Department of Defense, the Department of State, the
United States Agency for International Development, and
the Department of Justice, in achieving the objectives
for Afghanistan and Pakistan in subsection (a);
(2) any modification of the metrics in subsection
(a) in light of circumstances in Afghanistan or
Pakistan, together with a justification for such
modification; and
(3) recommendations for the additional resources or
authorities, if any, required to achieve such
objectives for Afghanistan and Pakistan.
(c) Classification.--Any report submitted in classified
form shall include an unclassified annex or summary of the
matters contained in the report.
(d) Definition.--For purposes of this section,
``appropriate congressional committees'' means--
(1) the Committees on Armed Services,
Appropriations, Foreign Relations, Homeland Security
and Governmental Affairs, and the Judiciary, and the
Select Committee on Intelligence of the Senate; and
(2) the Committees on Armed Services,
Appropriations, Foreign Affairs, Homeland Security, and
the Judiciary, and the Permanent Select Committee on
Intelligence of the House of Representatives.
TITLE XII
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
PAYMENTS TO AIR CARRIERS
(airport and airway trust fund)
In addition to funds made available under Public Law 111-8
and funds authorized under subsection 41742(a)(1) of title 49,
United States Code, to carry out the essential air service
program, to be derived from the Airport and Airway Trust Fund,
$13,200,000, to remain available until expended.
Federal Aviation Administration
GRANTS-IN-AID FOR AIRPORTS
(airport and airway trust fund)
(rescission)
Of the amounts authorized under sections 48103 and 48112 of
title 49, United States Code, $13,200,000 are permanently
rescinded from amounts authorized for the fiscal year ending
September 30, 2008.
GENERAL PROVISIONS--THIS TITLE
Sec. 1201. Section 1937(d) of Public Law 109-59 (119 Stat.
1144, 1510) is amended--
(1) in paragraph (1) by striking ``expenditures''
each place that it appears and inserting
``allocations''; and
(2) in paragraph (2) by striking ``expenditure''
and inserting ``allocation''.
Sec. 1202. A recipient and subrecipient of funds
appropriated in Public Law 111-5 and apportioned pursuant to
section 5311 and section 5336 (other than subsection (i)(1) and
(j)) of title 49, United States Code, may use up to 10 percent
of the amount apportioned for the operating costs of equipment
and facilities for use in public transportation or for eligible
activities under section 5311(f): Provided, That a grant
obligating such funds on or after February 17, 2009, may be
amended to allow a recipient and subrecipient to use the funds
made available for operating assistance: Provided further, That
applicable chapter 53 requirements apply, except for the
Federal share which shall be, at the option of the recipient,
up to 100 percent.
Sec. 1203. Public Law 110-329, under the heading
``Project-Based Rental Assistance'', is amended by striking
``project-based vouchers'' and all that follows up to the
period and inserting ``activities and assistance for the
provision of tenant-based rental assistance, including related
administrative expenses, as authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.),
$80,000,000, to remain available until expended: Provided, That
such funds shall be made available within 60 days of the
enactment of this Act: Provided further, That in carrying out
the activities authorized under this heading, the Secretary
shall waive section (o)(13)(B) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)(13)(B))''.
Sec. 1204. Public Law 111-5 is amended by striking the
second proviso under the heading ``HOME Investment Partnerships
Program'' and inserting ``Provided further, That the housing
credit agencies in each State shall distribute these funds
competitively under this heading and pursuant to their
qualified allocation plan (as defined in section 42(m) of the
Internal Revenue Code of 1986) to owners of projects who have
received or receive simultaneously an award of low-income
housing tax credits under sections 42(h) and 1400N of the
Internal Revenue Code of 1986:''.
Sec. 1205. Notwithstanding Section 1606, amounts made
available under Division A of Public Law 111-5 for the ``Public
Housing Capital Fund'' to carry out capital and management
activities for public housing agencies as authorized under
section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) shall be subject to 42 U.S.C. 1437j; for the ``Community
Development Fund'' to carry out the community development block
grant program under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) shall be
subject to 42 U.S.C. 5310 (or a waiver under 42 U.S.C.
5307(e)(2)); for ``Native American Housing Block Grants,'' as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.) (``NAHASDA'') shall be subject to 25 U.S.C. 4114(b);
and for a housing entity eligible to receive funding under
title VIII of NAHASDA (25 U.S.C. 4221 et seq.) shall be subject
to 25 U.S.C. 4225(b).
TITLE XIII--CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM
SEC. 1301. SHORT TITLE.
This title may be cited as the ``Consumer Assistance to
Recycle and Save Act of 2009''.
SEC. 1302. CONSUMER ASSISTANCE TO RECYCLE AND SAVE PROGRAM.
(a) Establishment.--There is established in the National
Highway Traffic Safety Administration a voluntary program to be
known as the ``Consumer Assistance to Recycle and Save
Program'' through which the Secretary, in accordance with this
section and the regulations promulgated under subsection (d),
shall--
(1) authorize the issuance of an electronic
voucher, subject to the specifications set forth in
subsection (c), to offset the purchase price or lease
price for a qualifying lease of a new fuel efficient
automobile upon the surrender of an eligible trade-in
vehicle to a dealer participating in the Program;
(2) register dealers for participation in the
Program and require that all registered dealers--
(A) accept vouchers as provided in this
section as partial payment or down payment for
the purchase or qualifying lease of any new
fuel efficient automobile offered for sale or
lease by that dealer; and
(B) in accordance with subsection (c)(2),
transfer each eligible trade-in vehicle
surrendered to the dealer under the Program to
an entity for disposal;
(3) in consultation with the Secretary of the
Treasury, make electronic payments to dealers for
eligible transactions by such dealers, in accordance
with the regulations issued under subsection (d); and
(4) in consultation with the Secretary of the
Treasury and the Inspector General of the Department of
Transportation, establish and provide for the
enforcement of measures to prevent and penalize fraud
under the program.
(b) Qualifications for and Value of Vouchers.--A voucher
issued under the Program shall have a value that may be applied
to offset the purchase price or lease price for a qualifying
lease of a new fuel efficient automobile as follows:
(1) $3,500 value.--The voucher may be used to
offset the purchase price or lease price of the new
fuel efficient automobile by $3,500 if--
(A) the new fuel efficient automobile is a
passenger automobile and the combined fuel
economy value of such automobile is at least 4
miles per gallon higher than the combined fuel
economy value of the eligible trade-in vehicle;
(B) the new fuel efficient automobile is a
category 1 truck and the combined fuel economy
value of such truck is at least 2 miles per
gallon higher than the combined fuel economy
value of the eligible trade-in vehicle;
(C) the new fuel efficient automobile is a
category 2 truck that has a combined fuel
economy value of at least 15 miles per gallon
and--
(i) the eligible trade-in vehicle
is a category 2 truck and the combined
fuel economy value of the new fuel
efficient automobile is at least 1 mile
per gallon higher than the combined
fuel economy value of the eligible
trade-in vehicle; or
(ii) the eligible trade-in vehicle
is a category 3 truck of model year
2001 or earlier; or
(D) the new fuel efficient automobile is a
category 3 truck and the eligible trade-in
vehicle is a category 3 truck of model year of
2001 or earlier and is of similar size or
larger than the new fuel efficient automobile
as determined in a manner prescribed by the
Secretary.
(2) $4,500 value.--The voucher may be used to
offset the purchase price or lease price of the new
fuel efficient automobile by $4,500 if--
(A) the new fuel efficient automobile is a
passenger automobile and the combined fuel
economy value of such automobile is at least 10
miles per gallon higher than the combined fuel
economy value of the eligible trade-in vehicle;
(B) the new fuel efficient automobile is a
category 1 truck and the combined fuel economy
value of such truck is at least 5 miles per
gallon higher than the combined fuel economy
value of the eligible trade-in vehicle; or
(C) the new fuel efficient automobile is a
category 2 truck that has a combined fuel
economy value of at least 15 miles per gallon
and the combined fuel economy value of such
truck is at least 2 miles per gallon higher
than the combined fuel economy value of the
eligible trade-in vehicle and the eligible
trade-in vehicle is a category 2 truck.
(c) Program Specifications.--
(1) Limitations.--
(A) General period of eligibility.--A
voucher issued under the Program shall be used
only in connection with the purchase or
qualifying lease of new fuel efficient
automobiles that occur between July 1, 2009 and
November 1, 2009.
(B) Number of vouchers per person and per
trade-in vehicle.--Not more than 1 voucher may
be issued for a single person and not more than
1 voucher may be issued for the joint
registered owners of a single eligible trade-in
vehicle.
(C) No combination of vouchers.--Only 1
voucher issued under the Program may be applied
toward the purchase or qualifying lease of a
single new fuel efficient automobile.
(D) Cap on funds for category 3 trucks.--
Not more than 7.5 percent of the total funds
made available for the Program shall be used
for vouchers for the purchase or qualifying
lease of category 3 trucks.
(E) Combination with other incentives
permitted.--The availability or use of a
Federal, State, or local incentive or a State-
issued voucher for the purchase or lease of a
new fuel efficient automobile shall not limit
the value or issuance of a voucher under the
Program to any person otherwise eligible to
receive such a voucher.
(F) No additional fees.--A dealer
participating in the program may not charge a
person purchasing or leasing a new fuel
efficient automobile any additional fees
associated with the use of a voucher under the
Program.
(G) Number and amount.--The total number
and value of vouchers issued under the Program
may not exceed the amounts appropriated for
such purpose.
(2) Disposition of eligible trade-in vehicles.--
(A) In general.--For each eligible trade-in
vehicle surrendered to a dealer under the
Program, the dealer shall certify to the
Secretary, in such manner as the Secretary
shall prescribe by rule, that the dealer--
(i) has not and will not sell,
lease, exchange, or otherwise dispose
of the vehicle for use as an automobile
in the United States or in any other
country; and
(ii) will transfer the vehicle
(including the engine block), in such
manner as the Secretary prescribes, to
an entity that will ensure that the
vehicle--
(I) will be crushed or
shredded within such period and
in such manner as the Secretary
prescribes; and
(II) has not been, and will
not be, sold, leased,
exchanged, or otherwise
disposed of for use as an
automobile in the United States
or in any other country.
(B) Savings provision.--Nothing in
subparagraph (A) may be construed to preclude a
person who is responsible for ensuring that the
vehicle is crushed or shredded from--
(i) selling any parts of the
disposed vehicle other than the engine
block and drive train (unless with
respect to the drive train, the
transmission, drive shaft, or rear end
are sold as separate parts); or
(ii) retaining the proceeds from
such sale.
(C) Coordination.--The Secretary shall
coordinate with the Attorney General to ensure
that the National Motor Vehicle Title
Information System and other publicly
accessible systems are appropriately updated on
a timely basis to reflect the crushing or
shredding of vehicles under this section and
appropriate reclassification of the vehicles'
titles. The commercial market shall also have
electronic and commercial access to the vehicle
identification numbers of vehicles that have
been disposed of on a timely basis.
(d) Regulations.--Notwithstanding the requirements of
section 553 of title 5, United States Code, the Secretary shall
promulgate final regulations to implement the Program not later
than 30 days after the date of the enactment of this Act. Such
regulations shall--
(1) provide for a means of registering dealers for
participation in the Program;
(2) establish procedures for the reimbursement of
dealers participating in the Program to be made through
electronic transfer of funds for the amount of the
vouchers as soon as practicable but no longer than 10
days after the submission of information supporting the
eligible transaction, as deemed appropriate by the
Secretary;
(3) require the dealer to use the voucher in
addition to any other rebate or discount advertised by
the dealer or offered by the manufacturer for the new
fuel efficient automobile and prohibit the dealer from
using the voucher to offset any such other rebate or
discount;
(4) require dealers to disclose to the person
trading in an eligible trade-in vehicle the best
estimate of the scrappage value of such vehicle and to
permit the dealer to retain $50 of any amounts paid to
the dealer for scrappage of the automobile as payment
for any administrative costs to the dealer associated
with participation in the Program;
(5) consistent with subsection (c)(2), establish
requirements and procedures for the disposal of
eligible trade-in vehicles and provide such information
as may be necessary to entities engaged in such
disposal to ensure that such vehicles are disposed of
in accordance with such requirements and procedures,
including--
(A) requirements for the removal and
appropriate disposition of refrigerants,
antifreeze, lead products, mercury switches,
and such other toxic or hazardous vehicle
components prior to the crushing or shredding
of an eligible trade-in vehicle, in accordance
with rules established by the Secretary in
consultation with the Administrator of the
Environmental Protection Agency, and in
accordance with other applicable Federal or
State requirements;
(B) a mechanism for dealers to certify to
the Secretary that each eligible trade-in
vehicle will be transferred to an entity that
will ensure that the vehicle is disposed of, in
accordance with such requirements and
procedures, and to submit the vehicle
identification numbers of the vehicles disposed
of and the new fuel efficient automobile
purchased with each voucher;
(C) a mechanism for obtaining such other
certifications as deemed necessary by the
Secretary from entities engaged in vehicle
disposal; and
(D) a list of entities to which dealers may
transfer eligible trade-in vehicles for
disposal; and
(6) provide for the enforcement of the penalties
described in subsection (e).
(e) Anti-Fraud Provisions.--
(1) Violation.--It shall be unlawful for any person
to violate any provision under this section or any
regulations issued pursuant to subsection (d) (other
than by making a clerical error).
(2) Penalties.--Any person who commits a violation
described in paragraph (1) shall be liable to the
United States Government for a civil penalty of not
more than $15,000 for each violation. The Secretary
shall have the authority to assess and compromise such
penalties, and shall have the authority to require from
any entity the records and inspections necessary to
enforce this program. In determining the amount of the
civil penalty, the severity of the violation and the
intent and history of the person committing the
violation shall be taken into account.
(f) Information to Consumers and Dealers.--Not later than
30 days after the date of the enactment of this Act, and
promptly upon the update of any relevant information, the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall make available on an
Internet website and through other means determined by the
Secretary information about the Program, including--
(1) how to determine if a vehicle is an eligible
trade-in vehicle;
(2) how to participate in the Program, including
how to determine participating dealers; and
(3) a comprehensive list, by make and model, of new
fuel efficient automobiles meeting the requirements of
the Program.
Once such information is available, the Secretary shall conduct
a public awareness campaign to inform consumers about the
Program and where to obtain additional information.
(g) Record Keeping and Report.--
(1) Database.--The Secretary shall maintain a
database of the vehicle identification numbers of all
new fuel efficient vehicles purchased or leased and all
eligible trade-in vehicles disposed of under the
Program.
(2) Report on efficacy of the program.--Not later
than 60 days after the termination date described in
subsection (c)(1)(A), the Secretary shall submit a
report to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate describing
the efficacy of the Program, including--
(A) a description of Program results,
including--
(i) the total number and amount of
vouchers issued for purchase or lease
of new fuel efficient automobiles by
manufacturer (including aggregate
information concerning the make, model,
model year) and category of automobile;
(ii) aggregate information
regarding the make, model, model year,
and manufacturing location of vehicles
traded in under the Program; and
(iii) the location of sale or
lease;
(B) an estimate of the overall increase in
fuel efficiency in terms of miles per gallon,
total annual oil savings, and total annual
greenhouse gas reductions, as a result of the
Program; and
(C) an estimate of the overall economic and
employment effects of the Program.
(h) Exclusion of Vouchers From Income.--
(1) For purposes of all federal and state
programs.--A voucher issued under this program or any
payment made for such a voucher pursuant to subsection
(a)(3) shall not be regarded as income and shall not be
regarded as a resource for the month of receipt of the
voucher and the following 12 months, for purposes of
determining the eligibility of the recipient of the
voucher (or the recipient's spouse or other family or
household members) for benefits or assistance, or the
amount or extent of benefits or assistance, under any
Federal or State program.
(2) For purposes of taxation.--A voucher issued
under the program or any payment made for such a
voucher pursuant to subsection (a)(3) shall not be
considered as gross income of the purchaser of a
vehicle for purposes of the Internal Revenue Code of
1986.
(i) Definitions.--As used in this section--
(1) the term ``passenger automobile'' means a
passenger automobile, as defined in section
32901(a)(18) of title 49, United States Code, that has
a combined fuel economy value of at least 22 miles per
gallon;
(2) the term ``category 1 truck'' means a
nonpassenger automobile, as defined in section
32901(a)(17) of title 49, United States Code, that has
a combined fuel economy value of at least 18 miles per
gallon, except that such term does not include a
category 2 truck;
(3) the term ``category 2 truck'' means a large van
or a large pickup, as categorized by the Secretary
using the method used by the Environmental Protection
Agency and described in the report entitled ``Light-
Duty Automotive Technology and Fuel Economy Trends:
1975 through 2008'';
(4) the term ``category 3 truck'' means a work
truck, as defined in section 32901(a)(19) of title 49,
United States Code;
(5) the term ``combined fuel economy value''
means--
(A) with respect to a new fuel efficient
automobile, the number, expressed in miles per
gallon, centered below the words ``Combined
Fuel Economy'' on the label required to be
affixed or caused to be affixed on a new
automobile pursuant to subpart D of part 600 of
title 40, Code of Federal Regulations;
(B) with respect to an eligible trade-in
vehicle, the equivalent of the number described
in subparagraph (A), and posted under the words
``Estimated New EPA MPG'' and above the word
``Combined'' for vehicles of model year 1984
through 2007, or posted under the words ``New
EPA MPG'' and above the word ``Combined'' for
vehicles of model year 2008 or later on the
fueleconomy.gov website of the Environmental
Protection Agency for the make, model, and year
of such vehicle; or
(C) with respect to an eligible trade-in
vehicle manufactured between model years 1978
through 1985, the equivalent of the number
described in subparagraph (A) as determined by
the Secretary (and posted on the website of the
National Highway Traffic Safety Administration)
using data maintained by the Environmental
Protection Agency for the make, model, and year
of such vehicle.
(6) the term ``dealer'' means a person licensed by
a State who engages in the sale of new automobiles to
ultimate purchasers;
(7) the term ``eligible trade-in vehicle'' means an
automobile or a work truck (as such terms are defined
in section 32901(a) of title 49, United States Code)
that, at the time it is presented for trade-in under
this section--
(A) is in drivable condition;
(B) has been continuously insured
consistent with the applicable State law and
registered to the same owner for a period of
not less than 1 year immediately prior to such
trade-in;
(C) was manufactured less than 25 years
before the date of the trade-in; and
(D) in the case of an automobile, has a
combined fuel economy value of 18 miles per
gallon or less;
(8) the term ``new fuel efficient automobile''
means an automobile described in paragraph (1), (2),
(3), or (4)--
(A) the equitable or legal title of which
has not been transferred to any person other
than the ultimate purchaser;
(B) that carries a manufacturer's suggested
retail price of $45,000 or less;
(C) that--
(i) in the case of passenger
automobiles, category 1 trucks, or
category 2 trucks, is certified to
applicable standards under section
86.1811-04 of title 40, Code of Federal
Regulations; or
(ii) in the case of category 3
trucks, is certified to the applicable
vehicle or engine standards under
section 86.1816-08, 86-007-11, or
86.008-10 of title 40, Code of Federal
Regulations; and
(D) that has the combined fuel economy
value of at least--
(i) 22 miles per gallon for a
passenger automobile;
(ii) 18 miles per gallon for a
category 1 truck; or
(iii) 15 miles per gallon for a
category 2 truck;
(9) the term ``Program'' means the Consumer
Assistance to Recycle and Save Program established by
this section;
(10) the term ``qualifying lease'' means a lease of
an automobile for a period of not less than 5 years;
(11) the term ``scrappage value'' means the amount
received by the dealer for a vehicle upon transferring
title of such vehicle to the person responsible for
ensuring the dismantling and destroying of the vehicle;
(12) the term ``Secretary'' means the Secretary of
Transportation acting through the National Highway
Traffic Safety Administration;
(13) the term ``ultimate purchaser'' means, with
respect to any new automobile, the first person who in
good faith purchases such automobile for purposes other
than resale;
(14) the term ``vehicle identification number''
means the 17 character number used by the automobile
industry to identify individual automobiles; and
(15) the term ``voucher'' means an electronic
transfer of funds to a dealer based on an eligible
transaction under this program.
(j) Appropriation.--There is hereby appropriated to the
Secretary of Transportation $1,000,000,000, of which up to
$50,000,000 is available for administration, to remain
available until expended to carry out this section.
TITLE XIV
OTHER MATTERS
INTERNATIONAL ASSISTANCE PROGRAMS
INTERNATIONAL MONETARY PROGRAMS
United States Quota, International Monetary Fund
For an increase in the United States quota in the
International Monetary Fund, the dollar equivalent of
4,973,100,000 Special Drawing Rights, to remain available until
expended: Provided, That the cost of the amounts provided
herein shall be determined as provided under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et. seq.): Provided further,
That for purposes of section 502(5) of the Federal Credit
Reform Act of 1990, the discount rate in section 502(5)(E)
shall be adjusted for market risks: Provided further, That
section 504(b) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c(b)) shall not apply.
Loans to International Monetary Fund
For loans to the International Monetary Fund under section
17(a)(2) and (b)(2) of the Bretton Woods Agreements Act (Public
Law 87-490, 22 U.S.C. 286e-2), as amended by this Act pursuant
to the New Arrangements to Borrow, the dollar equivalent of up
to 75,000,000,000 Special Drawing Rights, to remain available
until expended, in addition to any amounts previously
appropriated under section 17 of such Act: Provided, That if
the United States agrees to an expansion of its credit
arrangement in an amount less than the dollar equivalent of
75,000,000,000 Special Drawing Rights, any amount over the
United States' agreement shall not be available until further
appropriated: Provided further, That the cost of the amounts
provided herein shall be determined as provided under the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.):
Provided further, That for purposes of section 502(5) of the
Federal Credit Reform Act of 1990, the discount rate in section
502(5)(E) shall be adjusted for market risks: Provided further,
That section 504(b) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c(b)) shall not apply.
GENERAL PROVISIONS--INTERNATIONAL ASSISTANCE PROGRAMS
Sec. 1401. Section 17 of the Bretton Woods Agreements Act
(22 U.S.C. 286e-2) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before ``In order
to''; and
(B) by adding at the end the following:
``(2) In order to carry out the purposes of a one-
time decision of the Executive Directors of the
International Monetary Fund (the Fund) to expand the
resources of the New Arrangements to Borrow,
established pursuant to the decision of January 27,
1997 referred to in paragraph (1) above, and to make
other amendments to the New Arrangements to Borrow to
achieve an expanded and more flexible New Arrangements
to Borrow as contemplated by paragraph 17 of the G-20
Leaders' Statement of April 2, 2009 in London, the
Secretary of the Treasury is authorized to instruct the
United States Executive Director to consent to such
amendments notwithstanding subsection (d) of this
section, and to make loans, in an amount not to exceed
the dollar equivalent of 75,000,000,000 Special Drawing
Rights, in addition to any amounts previously
authorized under this section and limited to such
amounts as are provided in advance in appropriations
Acts, except that prior to activation, the Secretary of
the Treasury shall report to Congress on whether
supplementary resources are needed to forestall or cope
with an impairment of the international monetary system
and whether the Fund has fully explored other means of
funding, to the Fund under article VII, section 1(i),
of the Articles of Agreement of the Fund: Provided,
That prior to instructing the United States Executive
Director to provide consent to such amendments, the
Secretary of the Treasury shall consult with the
appropriate congressional committees on the amendments
to be made to the New Arrangements to Borrow, including
guidelines and criteria governing the use of its
resources; the countries that have made commitments to
contribute to the New Arrangements to Borrow and the
amount of such commitments; and the steps taken by the
United States to expand the number of countries so the
United States share of the expanded New Arrangements to
Borrow is representative of its share as of the date of
enactment of this Act: Provided further, That any loan
under the authority granted in this subsection shall be
made with due regard to the present and prospective
balance of payments and reserve position of the United
States.''.
and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``For the
purpose of'';
(B) by inserting ``subsection (a)(1) of''
after ``pursuant to''; and
(C) by adding at the end the following:
``(2) For the purpose of making loans to the
International Monetary Fund pursuant to subsection
(a)(2) of this section, there is hereby authorized to
be appropriated not to exceed the dollar equivalent of
75,000,000,000 Special Drawing Rights, in addition to
any amounts previously authorized under this section,
except that prior to activation, the Secretary of the
Treasury shall report to Congress on whether
supplementary resources are needed to forestall or cope
with an impairment of the international monetary system
and whether the Fund has fully explored other means of
funding, to remain available until expended to meet
calls by the Fund. Any payments made to the United
States by the Fund as a repayment on account of the
principal of a loan made under this section shall
continue to be available for loans to the Fund.''.
Sec. 1402. The Bretton Woods Agreements Act (22 U.S.C. 286
et seq.) is amended by adding at the end the following:
``SEC. 64. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE
FUND.
``The United States Governor of the Fund may agree to and
accept the amendments to the Articles of Agreement of the Fund
as proposed in the resolutions numbered 63-2 and 63-3 of the
Board of Governors of the Fund which were approved by such
Board on April 28, 2008 and May 5, 2008, respectively.
``SEC. 65. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund
may consent to an increase in the quota of the United States in
the Fund equivalent to 4,973,100,000 Special Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in
such amounts as are provided in advance in appropriations Acts.
``SEC. 66. APPROVAL TO SELL A LIMITED AMOUNT OF THE FUND'S GOLD.
``(a) The Secretary of the Treasury is authorized to
instruct the United States Executive Director of the Fund to
vote to approve the sale of up to 12,965,649 ounces of the
Fund's gold acquired since the second Amendment to the Fund's
Articles of Agreement, only if such sales are consistent with
the guidelines agreed to by the Executive Board of the Fund
described in the Report of the Managing Director to the
International Monetary and Financial Committee on a New Income
and Expenditure Framework for the International Monetary Fund
(April 9, 2008) to prevent disruption to the world gold market:
Provided, That at least 30 days prior to any such vote, the
Secretary shall consult with the appropriate congressional
committees regarding the use of proceeds from the sale of such
gold: Provided further, That the Secretary of the Treasury
shall seek to ensure that:
``(1) the Fund will provide support to low-income
countries that are eligible for the Poverty Reduction
and Growth Facility or other low-income lending from
the Fund by making available Fund resources of not less
than $4,000,000,000;
``(2) such Fund resources referenced above will be
used to leverage additional support by a significant
multiple to provide loans with substantial
concessionality and debt service payment relief and/or
grants, as appropriate to a country's circumstances:
``(3) support provided through forgiveness of
interest on concessional loans will be provided for not
less than two years; and
``(4) the support provided to low-income countries
occurs within six years, a substantial amount of which
shall occur within the initial two years.
``(b) In addition to agreeing to and accepting the
amendments referred to in section 64 of this Act relating to
the use of proceeds from the sale of such gold, the United
States Governor is authorized, consistent with subsection (a),
to take such actions as may be necessary, including those
referred to in section 5(e) of this Act, to also use such
proceeds for the purpose of assisting low-income countries.
``SEC. 67. ACCEPTANCE OF AMENDMENT TO THE ARTICLES OF AGREEMENT OF THE
FUND.
``The United States Governor of the Fund may agree to and
accept the amendment to the Articles of Agreement of the Fund
as proposed in the resolution numbered 54-4 of the Board of
Governors of the Fund which was approved by such Board on
October 22, 1997: Provided, That not more than one year after
the acceptance of such amendments to the Fund's Articles of
Agreement, the Secretary of the Treasury shall submit a report
to the appropriate congressional committees analyzing Special
Drawing Rights, to include a discussion of how those countries
that significantly use or acquire Special Drawing Rights in
accordance with Article XIX, Section 2(c), use or acquire them;
the extent to which countries experiencing balance of payment
difficulties exchange or use their Special Drawing Rights to
acquire reserve currencies; and the manner in which those
reserve currencies are acquired when utilizing Special Drawing
Rights.''.
Sec. 1403. (a) Not later than 30 days after enactment of
this Act, the Secretary of the Treasury, in consultation with
the Executive Director of the World Bank and the Executive
Board of the International Monetary Fund (the Fund), shall
submit a report to the appropriate congressional committees
detailing the steps taken to coordinate the activities of the
World Bank and the Fund to avoid duplication of missions and
programs, and steps taken by the Department of the Treasury and
the Fund to increase the oversight and accountability of the
Fund's activities.
(b) For the purposes of this title, ``appropriate
congressional committees'' means the Committees on
Appropriations, Banking, Housing, and Urban Affairs, and
Foreign Relations of the Senate, and the Committees on
Appropriations, Foreign Affairs, and Financial Services of the
House of Representatives.
(c) In the next report to Congress on international
economic and exchange rate policies, the Secretary of the
Treasury shall: (1) report on ways in which the Fund's
surveillance function under Article IV could be enhanced and
made more effective in terms of avoiding currency manipulation;
(2) report on the feasibility and usefulness of publishing the
Fund's internal calculations of indicative exchange rates; and
(3) provide recommendations on the steps that the Fund can take
to promote global financial stability and conduct effective
multilateral surveillance.
(d) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Monetary Fund to
use the voice and vote of the United States to oppose any loan,
project, agreement, memorandum, instrument, plan, or other
program of the Fund to a Heavily Indebted Poor Country that
imposes budget caps or restraints that do not allow the
maintenance of or an increase in governmental spending on
health care or education; and to promote government spending on
health care, education, food aid, or other critical safety net
programs in all of the Fund's activities with respect to
Heavily Indebted Poor Countries.
Sec. 1404. Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p-262p-8) is amended by adding
at the end the following: ``The Secretary of the Treasury shall
instruct the United States Executive Director at each of the
International Financial Institutions (as defined in section
1701(c)(2) of this Act) to use the voice and vote of the United
States to oppose the provision of loans or other use of the
funds of the respective institution to any country the
government of which the Secretary of State has determined, for
purposes of section 6(j) of the Export Administration Act of
1979, section 620A of the Foreign Assistance Act of 1961, or
section 40 of the Arms Export Control Act, to be a government
that has repeatedly provided support for acts of international
terrorism.''.
GENERAL PROVISIONS--THIS ACT
AVAILABILITY OF FUNDS
Sec. 14101. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 14102. (a) Overseas Deployments Designations.--Except
as provided in subsections (b) and (c), each amount in this Act
is designated as being for overseas deployments and other
activities pursuant to sections 401(c)(4) and 423(a)(1) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010.
(b) Emergency Designations.--Each amount in titles I, II,
IV, V, VII, VIII, IX, XII, XIII, XIV, and VI except for amounts
under the heading ``Coast Guard Operating Expenses'' is
designated as necessary to meet emergency needs pursuant to
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress),
the concurrent resolution on the budget for fiscal year 2010.
(c) Subsection (a) shall not apply to the amounts rescinded
in section 309 for ``Operation and Maintenance, Marine Corps'',
``Operation and Maintenance, Air Force'', and ``Operation and
Maintenance, Army Reserve''.
Sec. 14103. (a) None of the funds made available in this or
any prior Act may be used to release an individual who is
detained as of the date of enactment of this Act, at Naval
Station, Guantanamo Bay, Cuba, into the continental United
States, Alaska, Hawaii, or the District of Columbia.
(b) None of the funds made available in this or any prior
Act may be used to transfer an individual who is detained as of
the date of enactment of this Act, at Naval Station, Guantanamo
Bay, Cuba, for the purpose of detention in the continental
United States, Alaska, Hawaii, or the District of Columbia,
except as provided in subsection (c).
(c) None of the funds made available in this or any prior
Act may be used to transfer an individual who is detained, as
of the date of enactment of this Act, at Naval Station,
Guantanamo Bay, Cuba, into the continental United States,
Alaska, Hawaii, or the District of Columbia, for the purposes
of prosecuting such individual, or detaining such individual
during legal proceedings, until 45 days after the plan detailed
in subsection (d) is received.
(d) The President shall submit to the Congress, in
classified form, a plan regarding the proposed disposition of
any individual covered by subsection (c) who is detained as of
the date of enactment of this Act. Such plan shall include, at
a minimum, each of the following for each such individual:
(1) The findings of an analysis regarding any risk
to the national security of the United States that is
posed by the transfer of the individual.
(2) The costs associated with transferring the
individual in question.
(3) The legal rationale and associated court
demands for transfer.
(4) A plan for mitigation of any risk described in
paragraph (1).
(5) A copy of a notification to the Governor of the
State to which the individual will be transferred or to
the Mayor of the District of Columbia if the individual
will be transferred to the District of Columbia with a
certification by the Attorney General of the United
States in classified form at least 14 days prior to
such transfer (together with supporting documentation
and justification) that the individual poses little or
no security risk to the United States.
(e) None of the funds made available in this or any prior
Act may be used to transfer or release an individual detained
at Naval Station, Guantanamo Bay, Cuba, as of the date of
enactment of this Act, to the country of such individual's
nationality or last habitual residence or to any other country
other than the United States, unless the President submits to
the Congress, in classified form 15 days prior to such
transfer, the following information:
(1) The name of any individual to be transferred or
released and the country to which such individual is to
be transferred or released.
(2) An assessment of any risk to the national
security of the United States or its citizens,
including members of the Armed Services of the United
States, that is posed by such transfer or release and
the actions taken to mitigate such risk.
(3) The terms of any agreement with another country
for acceptance of such individual, including the amount
of any financial assistance related to such agreement.
(f) Prior to the termination of detention operations at
Naval Station, Guantanamo Bay, Cuba, the President shall submit
to the Congress a report in classified form describing the
disposition or legal status of each individual detained at the
facility as of the date of enactment of this Act.
This Act may be cited as the ``Supplemental
Appropriations Act, 2009''.
And the Senate agree to the same.
David R. Obey,
John P. Murtha,
Nita M. Lowey,
Rosa L. DeLauro,
Chet Edwards,
Managers on the Part of the House.
Daniel K. Inouye,
Robert C. Byrd,
Patrick J. Leahy,
Tom Harkin,
Barbara A. Mikulski,
Herb Kohl,
Patty Murray,
Byron L. Dorgan,
Dianne Feinstein,
Richard J. Durbin,
Tim Johnson,
Mary L. Landrieu,
Jack Reed,
Frank R. Lautenberg,
E. Benjamin Nelson,
Mark Pryor,
Jon Tester,
Arlen Specter,
Thad Cochran,
Kit Bond,
Mitch McConnell,
Judd Gregg,
Robert F. Bennett,
Lamar Alexander,
Susan Collins,
George V. Voinovich,
Lisa Murkowski,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 2346) making
supplemental appropriations for the fiscal year ending
September 30, 2009, and for other purposes, submit the
following joint statement to the House and Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
The Senate amendment to the text deleted the entire House
bill after the enacting clause and inserted the Senate bill, as
amended. This conference agreement includes a revised bill.
Report language included by the House in the report
accompanying H.R. 2346 (H. Rept. 111-105) and included by the
Senate in the report accompanying S. 1054 (S. Rept. 111-20)
should be complied with unless specifically addressed in this
statement of the managers. The statement of the managers, while
repeating some report language for emphasis, is not intended to
negate the language referred to above unless expressly provided
herein.
CYBER SECURITY
On May 29, 2009, the Administration released its
cyberspace policy review. The conferees direct the Office of
Management and Budget to submit to the Committees on
Appropriations an unclassified report, no later than July 15,
2009, including a comprehensive explanation of the resources
requested in the President's fiscal year 2010 budget related to
cyber security, and any budget amendments that might be
necessary due to the findings of the review. Classified annexes
shall be provided as necessary to the individual Subcommittees
regarding programs in their jurisdiction. Users of cyberspace
have differing requirements, operating policies, philosophies,
and cost tradeoffs. Therefore, the report shall include an
explanation of how the requested resources will provide
additional security for the distinct users of cyberspace
including: federal, state, and local governments; the private
sector, including critical infrastructure sectors; academia and
education; and the general public. Upon transmittal of the
report, the White House Cyber Security Policy Coordinator shall
provide a classified briefing to the Committees on
Appropriations.
TITLE I
DEPARTMENT OF AGRICULTURE
FOREIGN AGRICULTURAL SERVICE
Public Law 480 Title II Grants
The conference agreement provides $700,000,000 for Public
Law 480 Title II grants as proposed by the Senate, instead of
$500,000,000 as proposed by the House.
GENERAL PROVISIONS
Section 101. The conference agreement includes language
making available funding for the Emergency Conservation
Program.
Section 102. The conference agreement provides
$71,270,000 to support $360,000,000 in direct farm ownership
loans, $400,000,000 in direct farm operating loans and
$50,201,000 in unsubsidized guaranteed operating loans.
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The agreement includes $40,000,000 to provide grants
under Trade Adjustment Assistance to communities and firms
adversely impacted by trade. Within 60 days of the enactment of
this Act, the Department is directed to submit a plan to the
House and Senate Committees on Appropriations as to how this
program will be implemented.
DEPARTMENT OF JUSTICE
Detention Trustee
The agreement provides $60,000,000 for detention costs
due to increased enforcement activities along the United
States-Mexico border.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The agreement provides $1,648,000 for the Criminal
Division to supplement existing training and assistance
provided to investigators, prosecutors, judges and other parts
of the criminal justice systems of Iraq and Afghanistan.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The agreement provides $5,000,000 for the United States
Attorneys for ongoing litigation expenses associated with
terrorism prosecutions of national importance. The agreement
also provides $10,000,000 to prosecute mortgage fraud,
financial fraud and market manipulation.
United States Marshals Service
SALARIES AND EXPENSES
The agreement provides $10,000,000 for the United States
Marshals Service. Of the funds provided, $4,000,000 is for
enhanced judicial security in districts along the southwest
border, $5,000,000 is for the apprehension of criminals who
have fled to Mexico, and $1,000,000 is to upgrade surveillance
equipment used to monitor drug cartels and violent gang
members.
National Security Division
SALARIES AND EXPENSES
The agreement includes $1,389,000 for the National
Security Division to continue to support terrorism prosecutions
of national importance.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The agreement provides $35,000,000 for the Federal Bureau
of Investigation to investigate mortgage fraud, predatory
lending, financial fraud and market manipulation.
Drug Enforcement Administration
SALARIES AND EXPENSES
The agreement includes $20,000,000 for the Drug
Enforcement Administration to expand its Sensitive
Investigation Unit program in Mexico.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The agreement includes $4,000,000 for the Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) for training
and technical assistance on improved explosives devices in
Iraq. The agreement also includes $4,000,000 to upgrade
technology for ballistics evidence sharing with Mexico and
$6,000,000 for Project Gunrunner firearms trafficking
activities along the southwest border.
Federal Prison System
SALARIES AND EXPENSES
The agreement includes $5,038,000 for the Federal Prison
System to monitor and translate the communications of
incarcerated terrorists and disseminate relevant information to
law enforcement agencies, as appropriate.
General Provision, This Title
(INCLUDING RESCISSION)
The agreement includes the following general provision
for this title:
Section 201 rescinds $3,000,000 appropriated to the
Department's Office of Inspector General in Chapter 2 of Title
I, P.L. 110-252, and reappropriates these funds to extend their
availability.
TITLE III--DEFENSE MATTERS
DEPARTMENT OF DEFENSE
The conference agreement recommends $77,161,439,000 for
the Department of Defense, instead of $81,299,888,000, as
proposed by the House, and $73,023,506,000, as proposed by the
Senate.
The following table provides details of the supplemental
appropriations for the Department of Defense.
------------------------------------------------------------------------
Conference
Chapter recommendation
------------------------------------------------------------------------
Military Personnel................................... $18,726,150,000
Operation and Maintenance............................ 32,547,114,000
Procurement.......................................... 25,846,718,000
Research, Development, Test and Evaluation........... 833,499,000
Revolving and Management Funds....................... 861,726,000
Other Department of Defense Programs................. 2,301,992,000
------------------------------------------------------------------------
CLASSIFIED ANNEX
The recommendations for intelligence activities are
published in a separate and detailed classified annex. The
intelligence community, Department of Defense and other
organizations are expected to fully comply with the
recommendations and directions in the classified annex
accompanying this Act.
REPORTING REQUIREMENTS
The conferees direct the Secretary of Defense to provide
a report to the congressional defense committees within 30 days
of enactment of this Act on the allocation of the funds within
the accounts listed in this title. The Secretary shall submit
updated reports 30 days after the end of each fiscal quarter
until funds listed in this title are no longer available for
obligation. The conferees direct that these reports shall
include: a detailed accounting of obligations and expenditures
of appropriations provided in this title by program and
subactivity group for the continuation of military operations
in Iraq and Afghanistan, and a listing of equipment procured
using funds provided in this title. The conferees expect that,
in order to meet unanticipated requirements, the Department of
Defense may need to transfer funds within these appropriations
accounts for purposes other than those specified in this
report. The conferees direct the Department of Defense to
follow normal prior approval reprogramming procedures should it
be necessary to transfer funding between different
appropriations accounts in this title. Additionally, the
conferees direct that the Department continue to report
incremental contingency operations costs for Operation Iraqi
Freedom and Operation Enduring Freedom on a monthly basis in
the Cost of War Execution report as required by Department of
Defense Financial Management Regulation, chapter 23, volume 12.
The conferees further direct the Department to continue to
provide the Cost of War Reports to the congressional defense
committees that include the following information by
appropriation: funding appropriated, funding allocated, monthly
obligations, monthly disbursements, cumulative fiscal year
obligations, and cumulative fiscal year disbursements.
INTELLIGENCE, SURVEILLANCE AND RECONNAISSANCE
The conferees agree to redirect the funds requested for
the Joint Rapid Acquisition Cell to high priority requirements
identified by the Intelligence, Surveillance and Reconnaissance
Task Force. The funds are distributed to appropriations
accounts in the same manner as described in Senate Report 111-
20.
MILITARY PERSONNEL
The conference agreement recommends $18,726,150,000 for
military personnel.
The recommendations for each military personnel account
are shown below:
MILITARY PERSONNEL SHORTFALL
The conference agreement includes an additional
$2,810,222,000 for identified shortfalls resulting from
unbudgeted additional end strength, which were a result of
better-than-projected recruiting and retention levels; recent
rate increases in Basic Pay, Retired Pay Accrual, Basic
Allowance for Housing, and Basic Allowance for Subsistence; and
unanticipated programmatic adjustments such as increased
clothing and education costs.
OPERATION AND MAINTENANCE
The conference agreement recommends $32,547,114,000 for
operation and maintenance.
The recommendations for each operation and maintenance
account are shown below:
PAKISTAN COUNTERINSURGENCY FUND
The conferees support the Administration's efforts to
increase the counterinsurgency capability of the Pakistani
security forces. The conferees believe that international
military operations against al-Qaeda and the Taliban in
Afghanistan cannot succeed without a strong counterinsurgency
effort by security forces in Pakistan. However, the conferees
are concerned about providing the Department of Defense with
the authority and funding to conduct an assistance program
which would traditionally fall under the purview of the
Department of State. The conferees believe the Pakistan
Counterinsurgency Fund (PCF) should reside within the
Department of State but understand the near term needs of the
Pakistan Security Forces and the lack of capacity within the
State Department warrant an exception to traditional lines of
authority. Therefore, the conferees support the
Administration's request for this fund under the Department of
Defense, but direct the Secretary of Defense and the Secretary
of State to jointly develop a plan for transitioning the PCF
from the Department of Defense to the Department of State by
fiscal year 2010 and to be fully executed by the Department of
State by fiscal year 2011. The plan should identify the
resources, personnel, and authorities required to facilitate
the transfer to the State Department, as well as goals and
objectives for the successful completion of this program. In
addition, the Secretary of Defense is directed to follow the
same reporting requirements that Congress has required for the
Afghanistan and Iraq Security Forces Funds as outlined in
section 317 of this Act.
The conferees believe civil-military operations are a key
component of successful counterinsurgency efforts. However, the
conferees do not support the creation of a Commander's
Emergency Response Program (CERP) or similar program for
Pakistan, and have neither authorized nor provided funding for
such a program anywhere in this Act. The conference agreement
has made available $2,000,000 from the Pakistan
Counterinsurgency Fund to provide humanitarian assistance to
the people of Pakistan only as part of civil-military training
exercises carried out with Pakistan's security forces through
this fund. Finally, the conferees direct the Department to work
with the Government of Pakistan to establish a funding
mechanism beginning in fiscal year 2010, using Pakistani funds,
which can be applied to humanitarian needs in support of
counterinsurgency operations conducted inside of Pakistan.
FAMILY ADVOCACY PROGRAM
The conference agreement provides $708,842,000 for family
advocacy programs to provide counseling and family assistance
including child psychologists, and other intervention efforts
which is $94,000,000 above the request in order to enhance the
activities of the Family Advocacy Program and provide for
children and families managing the difficult challenges of
military service. The funding is provided for, but not limited
to, child care, counseling, spouse certification and licensure,
and Joint Family Assistance Centers. Funding is also available
for the Warrior Family Community Partnership to provide
assistance to all soldiers and families.
COMBAT UNIFORMS
The conferees understand that soldiers deployed to
Afghanistan have serious concerns about the current combat
uniform which they indicate provides ineffective camouflage
given the environment in Afghanistan. Accordingly, the
conferees direct that within funding made available the
Department of Defense take immediate action to provide combat
uniforms to personnel deployed to Afghanistan with a camouflage
pattern that is suited to the environment of Afghanistan. The
conferees further direct the Secretary of the Army to provide a
report on the program plans and budgetary adjustments necessary
to provide appropriate uniforms to deployed and deploying
troops to Afghanistan. The report shall be submitted to the
congressional defense committees by the end of fiscal year
2009.
PROCUREMENT
The conference agreement recommends $25,846,718,000 for
procurement.
The recommendations for each procurement account are
shown below:
STRYKER VEHICLES
The conference agreement supports continuation of the
Stryker vehicle program which has demonstrated excellent
performance in combat operations in the Central Command area of
operations. The conference agreement provides $200,000,000
above the budget request to procure additional Stryker
vehicles. Funds may be used to procure additional medical
evacuation vehicles, engineer squad vehicles and other Stryker
variants, based on Army needs, and to sustain continued
production. As part of the Department of Defense Quadrennial
Defense Review, the Army is undertaking a major analysis of its
tracked and tactical wheeled vehicle needs. This review will
set the course for the future force and help establish the
specific vehicle requirements. The conferees direct the
Secretary of the Army to provide a report to the congressional
defense committees, no later than September 30, 2009 with the
plan to sustain Stryker vehicle production and the details on
which vehicles (variant and quantity) will be procured with the
provided funding.
RAPID EQUIPPING FORCE
The conference agreement provides $309,000,000 for the
Army Rapid Equipping Force (REF), including $99,000,000 for
Counter Sniper and Soldier Wearable Acoustic Targeting Sniper
Systems. This amount should satisfy numerous emergency requests
from forward deployed and forward deploying units. The
conferees direct the Secretary of the Army to provide an
acquisition objective and basis of issue plan for both
vehicular and soldier wearable sniper detection equipment
within 60 days after enactment of this Act. If shortfalls still
exist, the Army is expected to reprogram the necessary funds to
accommodate the shortfalls.
WEAPONS ENHANCEMENT PROGRAM
The budget request included $32,461,000 for various force
protection items and weapons upgrades in Procurement, Marine
Corps. The conferees note that the Congress previously provided
$23,000,000 in this procurement line for a requirement that was
subsequently not validated and directs the Marine Corps to
apply those funds toward the requirements in the fiscal year
2009 supplemental request for weapons enhancements.
COMBAT OPERATIONS CENTERS
The conferees understand that subsequent to the budget
submission, an Urgent Universal Needs Statement for additional
Combat Operations Centers for Marine units in support of
operations in Afghanistan was validated. The conference
agreement provides $53,200,000 in Procurement, Marine Corps to
fully satisfy this requirement.
EXPLOSIVE ORDNANCE DISPOSAL SYSTEMS
The budget request includes $35,000,000 for a U.S.
Central Command Urgent Universal Needs Statement for a Standoff
Suicide Bomber Detection System in Procurement, Marine Corps.
The conferees have been informed that the Urgent Universal
Needs Statement was suspended following the budget submission
and therefore provide no funds for this effort.
PHYSICAL SECURITY EQUIPMENT
The budget request includes $112,200,000 in Procurement,
Marine Corps for physical security requirements that were
previously funded. The conferees deny the redundant funds.
F-22 AIRCRAFT
The Air Force has informed the Congress that funding in
the amount of $45,000,000 is required for the F-22 Raptor
program to avoid a work stoppage in material processing and
fabrication activities during fiscal year 2009. The conferees
direct the Secretary of the Air Force to use $45,000,000 from
within the funds provided to ensure that work proceeds on
schedule. None of the funds provided in this Act shall be used
to finance activities to shut-down the F-22A production line.
Funds may be used to explore options to develop an export
variant of the F-22A.
NATIONAL GUARD AND RESERVE EQUIPMENT
The National Guard and Reserve components traditionally
receive less than a proportionate share of funding to resource
their equipment needs. As a result, the conferees recommend
funding of $500,000,000 for the National Guard and Reserve
forces. Of that amount, $300,000,000 is for the Army National
Guard; $50,000,000 for the Air National Guard; $75,000,000 for
the U.S. Army Reserve; $25,000,000 for the Navy Reserve;
$25,000,000 for the Marine Corps Reserve; and $25,000,000 for
the Air Force Reserve to meet urgent equipment needs that may
arise this fiscal year. This funding will allow the National
Guard and Reserve components to procure high priority equipment
that may be used by these units for both their combat missions
and their missions in support of State governors.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Army National Guard............................. .............. 300,000 300,000 300,000
Air National Guard.............................. .............. 50,000 50,000 50,000
U.S. Army Reserve............................... .............. 75,000 75,000 75,000
Navy Reserve.................................... .............. 25,000 25,000 25,000
Marine Corps Reserve............................ .............. 25,000 25,000 25,000
Air Force Reserve............................... .............. 25,000 25,000 25,000
---------------------------------------------------------------
Total National Guard and Reserve Equipment .............. 500,000 500,000 500,000
Account..................................
----------------------------------------------------------------------------------------------------------------
MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND
The conferees recommend $4,543,000,000 for the Mine
Resistant Ambush Protected Vehicle Fund, an increase of
$1,850,000,000 above the request and direct that the additional
funds shall be for the procurement and fielding of Mine
Resistant Ambush Protected All Terrain Vehicles (M-ATV) only.
M-ATVs are urgently needed to protect servicemembers against
improvised explosive devices and other threats in Afghanistan.
These new, lightweight MRAPs operate better than current
vehicles in the close urban environments and challenging
terrain of Afghanistan. The conferees expect that the Joint
Program Office will move rapidly to field these critical force
protection assets to the Warfighter.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
The conference agreement recommends $833,499,000 for
research, development, test and evaluation.
The recommendations for each research, development, test
and evaluation account are shown below:
KINETIC ENERGY INTERCEPTOR
The conferees understand a stop work order on the Kinetic
Energy Interceptor (KEI) was issued May 11, 2009. However, the
KEI program had a booster flight test scheduled in Fall 2009
that could provide an important understanding of the technology
risk for any future interceptor development. The conferees
further understand that the KEI program has already produced
valuable technical accomplishments. The conferees strongly
encourage the Missile Defense Agency to execute this test,
within funds that have been made available for KEI, to gain
significant technical knowledge for this program.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
The conference agreement recommends $861,726,000 for the
Defense Working Capital Fund accounts. This supports funding of
$443,200,000 for the Defense Working Capital Fund, Army, to re-
stock spare and repair parts essential to the operational
readiness of the Army; $15,000,000 for the Defense Working
Capital Fund, Air Force, for the transportation of Fallen
Heroes from the theater of operations; and $403,526,000 for the
Defense Working Capital Fund, Defense-Wide, for contingency
operations costs for the Defense Information Systems Agency and
the Defense Logistics Agency.
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
request House Senate Conference
----------------------------------------------------------------------------------------------------------------
WCF--Army:
Spare Parts................................. 443,200 443,200 443,200 443,200
---------------------------------------------------------------
Total, Working Capital Fund, Army....... 443,200 443,200 443,200 443,200
WCF--Air Force:
TWCF for Transportation of Fallen Heroes .............. 0 15,000 15,000
(transfer from IFF)........................
---------------------------------------------------------------
Total, Working Capital Fund, Air Force.. .............. 0 15,000 15,000
WCF--Defense-Wide:
DLA Distribution Depots..................... 33,600 33,600 33,600 33,600
DLA DRMS Operations......................... 34,416 34,416 34,416 34,416
DLA Supply Management....................... 322,410 322,410 322,410 322,410
DISA Information Services................... 13,100 13,100 13,100 13,100
---------------------------------------------------------------
Total, Working Capital Fund, Defense- 403,526 403,526 403,526 403,526
Wide...................................
---------------------------------------------------------------
Grand Total, Working Capital Funds...... 846,726 846,726 861,726 861,726
----------------------------------------------------------------------------------------------------------------
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
The conference agreement recommends $1,055,297,000 for
the Defense Health Program.
The recommendations for the Defense Health Program are
shown below:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Operation and Maintenance....................... 845,508 845,508 845,508 845,508
In-House Care............................... 178,828 178,828 178,828 178,828
Private Sector Care......................... 579,243 579,243 579,243 579,243
Consolidated Health Care.................... 68,196 68,196 68,196 68,196
Information Management/IT................... 5,700 5,700 5,700 5,700
Education and Training...................... 9,119 9,119 9,119 9,119
Base Operations and Communications.......... 4,422 4,422 4,422 4,422
Procurement..................................... 30,185 50,185 30,185 50,185
Rehabilitation Equipment.................... .............. 20,000 .............. 20,000
Research, Development, Test & Evaluation........ 33,604 201,604 33,604 159,604
Psychological Health and Traumatic Brain .............. 100,000 .............. 75,000
Injury.....................................
Orthopedic Research......................... .............. 68,000 .............. 51,000
----------------------------------------------------------------------------------------------------------------
TRAUMATIC BRAIN INJURY AND PSYCHOLOGICAL HEALTH RESEARCH
The conference agreement provides $75,000,000 for
Traumatic Brain Injury (TBI) and Psychological Health peer-
reviewed and/or competitively awarded research, development,
test and evaluation efforts. The funding provided is to be
allocated as recommended in the House Report 111-105 to
validate emergent approaches and technologies and to accelerate
on-going programs for early diagnosis, assessment and treatment
of TBI and Psychological Health, including spinal cord injury,
and complementary and alternative medicine.
ORTHOPEDIC RESEARCH
The conference agreement provides $51,000,000 for
orthopedic and other trauma research, treatment and
rehabilitation including regenerative medicine. This funding
will continue and expand the existing orthopedic trauma
research program, amputee rehabilitation and reset research,
and restoration of function. Serious limb trauma, vascular
injuries, major limb tissue damage, and blood flow disruption
contribute heavily to United States military casualties in Iraq
and Afghanistan. The Department of Defense estimates indicate
that nearly two thirds of injuries sustained in combat in Iraq
and Afghanistan are musculoskeletal. Extremity injuries are the
most prevalent injury, and amputations following battlefield
injury now occur at twice the rate as in past wars.
Understanding how to treat and facilitate rapid recovery from
orthopedic injuries should be one of the top priorities for the
Military Health System.
REHABILITATION EQUIPMENT
The conference agreement provides $20,000,000 to procure
equipment for rehabilitation facilities currently under
construction. The equipment will enable continued state-of-the-
art care for soldiers with various types of injuries to recover
to their full potential and return to a more normal way of
life.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE
The conference agreement recommends $120,398,000 for the
Drug Interdiction and Counter-Drug Activities, Defense program.
The recommendations for the Drug Interdiction and
Counter-Drug Activities, Defense program are shown below:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan..................................... 57,308 57,308 57,308 57,308
Pakistan........................................ 25,800 25,800 10,000 10,000
Frontier Headquarters Construction.......... .............. .............. -11,800 -11,800
Mi-17 Overhaul.............................. .............. .............. -4,000 -4,000
Tajikistan...................................... 18,940 18,940 16,940 16,940
English Language Lab........................ .............. .............. -2,000 -2,000
Turkmenistan.................................... 2,850 2,850 2,850 2,850
Kyrgyzstan...................................... 21,520 21,520 21,520 21,520
Kazakhstan...................................... 10,580 10,580 10,580 10,580
Uzbekistan...................................... 4,000 0 4,000 1,000
Other regional support.......................... 200 200 200 200
---------------------------------------------------------------
Total Drug Interdiction and Counter-Drug 141,198 137,198 123,398 120,398
Activities, Defense........................
----------------------------------------------------------------------------------------------------------------
Joint Improvised Explosive Device Defeat Fund
The conference agreement recommends $1,116,746,000 for
the Joint Improvised Explosive Device Defeat Fund.
The recommendations for the Joint Improvised Explosive
Device Defeat Fund are shown below:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget
request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Attack the network.............................. 499,830 499,830 349,830 349,830
Excess to requirement....................... .............. .............. -150,000 -150,000
Defeat the device............................... 607,389 457,389 457,389 457,389
Excess to requirement....................... .............. -150,000 -150,000 -150,000
Train the force................................. 333,527 333,527 283,527 283,527
Excess to requirement....................... .............. .............. -50,000 -50,000
Staff and infrastructure........................ 26,000 26,000 26,000 26,000
---------------------------------------------------------------
Total Joint Improvised Explosive Device 1,466,746 1,316,746 1,116,746 1,116,746
Defeat Fund................................
----------------------------------------------------------------------------------------------------------------
Office Of The Inspector General
The conference agreement recommends $9,551,000 for the
Office of the Inspector General.
GENERAL PROVISIONS
Title III contains several general provisions, many of
which extend or modify war-related authorities included in
previous Acts. A brief description of the recommended
provisions follows:
The conferees agree to retain sections 10001 and 301, as
proposed by the House and the Senate, which establish the
period of availability for obligation for appropriations
provided in this title and that funds made available in this
title are in addition to amounts appropriated or made available
for the Department of Defense for fiscal year 2009.
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to retain and amend sections 10002
and 302, as proposed by the House and the Senate, which provide
special transfer authority for funds made available in this Act
for the Department of Defense.
The conferees agree to retain and amend sections 10003
and 303, as proposed by the House and the Senate, which provide
for the obligation and expenditure of funds related to
activities pursuant to section 504(a)(1) of the National
Security Act of 1947.
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to retain and amend sections 10004
and 304, as proposed by the House and the Senate, which provide
for transfers from the Defense Cooperation Account.
The conferees agree to retain and amend sections 10005
and 305, as proposed by the House and the Senate, which provide
that, for construction projects in Afghanistan funded with
operation and maintenance funds, supervisory and administrative
costs may be obligated when the contract is awarded.
(INCLUDING RESCISSIONS)
The conferees agree to retain and amend section 10006, as
proposed by the House, which provides a two year period of
availability for the Iraq Security Forces Fund.
The conferees agree to retain sections 10007 and 306, as
proposed by the House and the Senate, which provide authority
to use operation and maintenance appropriations to purchase
items having an investment item unit cost of not more than
$250,000, or upon determination by the Secretary of Defense
that the operational requirements of a Commander of a Combatant
Command engaged in contingency operations overseas can be met,
funds may be used to purchase items having an investment item
unit cost of not more than $500,000.
The conferees agree to delete section 10008 as proposed
by the House regarding Commander's Emergency Response Program.
The conferees agree to delete section 10009 as proposed
by the House regarding military spouse career transition
assistance internship program.
The conferees agree to delete section 10010 as proposed
by the House regarding the Air Safety System for the Kyrgyz
Republic.
The conferees agree to retain sections 10011 and 307 as
proposed by the House and the Senate, which provide for the
procurement of passenger motor vehicles for use by military and
civilian employees of the Department of Defense in Iraq and
Afghanistan.
The conferees agree to retain and amend sections 10012
and 308 as proposed by the House and the Senate regarding
rescissions. The rescissions agreed to are:
(RESCISSIONS)
2007 Appropriations:
Procurement, Marine Corps:
Training Devices................................ $53,200,000
CAC2S........................................... 1,200,000
2008 Appropriations:
Other Procurement, Army:
Combat ID....................................... 4,100,000
SAT Term, EMUT.................................. 4,500,000
LRAS3........................................... 8,400,000
Smoke & Obscurant Family........................ 8,000,000
Heaters and ECUs................................ 4,300,000
Procurement, Marine Corps:
CAC2S........................................... 10,300,000
Aircraft Procurement, Air Force:
F-22A........................................... 7,676,000
Common Support Equipment........................ 36,324,000
Research, Development, Test and Evaluation, Navy:
Classified...................................... 5,000,000
Silent Guardian................................. 6,300,000
Research, Development, Test and Evaluation, Air
Force:
CSAR-X RDT&E.................................... 36,107,000
Research, Development, Test and Evaluation, Defense-
Wide:
DARPA: Undistributed............................ 150,000,000
DARPA: Sensor Technology........................ 650,000
DARPA: Guidance Technology...................... 9,270,000
General Support to USD/I........................ 9,204,000
2009 Appropriations:
Operation and Maintenance, Army:
Fuel............................................ 352,359,000
Operation and Maintenance, Navy:
Fuel............................................ 881,481,000
Operation and Maintenance, Marine Corps:
Fuel............................................ 54,466,000
Operation and Maintenance, Air Force:
Fuel............................................ 925,203,000
Operation and Maintenance, Defense-Wide:
Fuel............................................ 81,135,000
Classified...................................... 5,000,000
Classified...................................... 181,500,000
Operation and Maintenance, Army Reserve:
Fuel............................................ 23,338,000
Operation and Maintenance, Navy Reserve:
Fuel............................................ 62,910,000
Operation and Maintenance, Marine Corps Reserve:
Fuel............................................ 1,250,000
Operation and Maintenance, Air Force Reserve:
Fuel............................................ 163,786,000
Operation and Maintenance, Army National Guard:
Fuel............................................ 57,819,000
Operation and Maintenance, Air National Guard:
Fuel............................................ 250,645,000
Aircraft Procurement, Army:
Common Ground Equipment......................... 11,000,000
Airborne Avionics............................... 11,600,000
Procurement of Ammunition, Army:
CTG, Tank, 120MM, All Types..................... 46,800,000
Signals, All Types.............................. 50,100,000
Mine, Clearing Charge, All Types................ 2,000,000
Ammo Components (Renovation).................... 8,200,000
Other Procurement, Army:
Force XXI Battle Command Brigade & Below........ 50,000,000
Modification of In-Service Equipment (OPA3)..... 30,200,000
Defense Enterprise Wideband SATCOM System....... 6,000,000
Long Range Advanced Scout Surveillance.......... 47,300,000
Night Vision Thermal Weapon Sight............... 41,500,000
Field Feeding Equipment......................... 7,000,000
Close Combat Tactical Trainer................... 8,000,000
Lightweight Laser Designator Rangefinder........ 55,000,000
Procurement, Marine Corps:
CAC2S........................................... 10,300,000
Other Procurement, Air Force:
Base Information Infrastructure................. 17,500,000
Procurement, Defense-Wide:
Unmanned Vehicles............................... 6,400,000
Research, Development, Test and Evaluation, Army:
Aerial Common Sensor............................ 157,710,000
Rapid Equipping Force........................... 20,000,000
Armed Reconnaissance Helicopter................. 10,000,000
Research, Development, Test and Evaluation, Navy:
Fuel............................................ 30,510,000
VH-71........................................... 47,000,000
CG (X).......................................... 73,600,000
Harpoon Upgrades................................ 11,450,000
Aerial Common Sensor............................ 30,000,000
Classified...................................... 24,500,000
Research, Development, Test and Evaluation, Air
Force:
Fuel............................................ 15,098,000
Transformational SATCOM 150,000,000
CSAR-X RDT&E.................................... 92,469,000
Single Integrated Air Picture................... 20,000,000
MILSATCOM Terminals............................. 10,000,000
The conferees agree to delete section 10013 as proposed
by the House regarding the transfer of $150,600,000 from
various Army procurement accounts to military personnel
accounts.
The conferees agree to delete section 10014 as proposed
by the House which rescinds unobligated balances from Operation
and Maintenance, Defense-Wide.
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to retain and amend section 10015 as
proposed by the House which provides for retroactive Stop Loss
payments.
The conferees agree to retain section 10016 as proposed
by the House which provides for authority to retire certain
aircraft.
The conferees agree to retain sections 10017 and 309, as
proposed by the House and the Senate, which prohibit obligation
or expenditure of funds contrary to the provisions of Section
814 of the National Defense Authorization Act, Fiscal Year 2007
(P.L. 109-364).
The conferees agree to retain sections 10018 and 310, as
proposed by the House and the Senate, which prohibit the use of
funds available in this Act for the Department of Defense to
finance projects denied by the Congress in the fiscal year 2008
or fiscal year 2009 Department of Defense Appropriations Acts.
The conferees agree to retain section 10019 as proposed
by the House, which bans the establishment of permanent bases
in Iraq or U.S. control over oil resources.
The conferees agree to retain section 10020 and 311, as
proposed by the House and the Senate, which prohibit the
obligation of expenditure of funds in this or any other Act to
establish a permanent base in Afghanistan.
The conferees retain and amend section 10021 as proposed
by the House which requires a report on Iraq troop draw down.
The conferees agree to retain section 312 as proposed by
the Senate, which modifies reporting requirements on Iraq and
Afghanistan Security Forces funds to include the Pakistan
Counterinsurgency Fund.
The conferees agree to retain and amend section 313 as
proposed by the Senate, which modifies section 1174(h)(1),
title 10 U.S.C. to allow recoupment of special pay, special
separation benefits and voluntary separation incentives.
The conferees agree to delete section 314 as proposed by
the Senate which designated funding as being for overseas
deployment and other activities.
The conferees agree to retain and amend section 315 as
proposed by the Senate regarding a study of the detention
facility at Naval Station Guantanamo Bay.
TITLE IV--SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
Corps of Engineers--Civil
OPERATION AND MAINTENANCE
The conference agreement provides $42,875,000 for
Operation and Maintenance, instead of $38,375,000 as proposed
by the Senate. The House proposed no funding for this account.
FLOOD CONTROL AND COASTAL EMERGENCIES
The conference agreement provides $754,290,000 for Flood
Control and Coastal Emergencies as proposed by the Senate. The
House proposed no funding for this account. Within the funds
provided, $315,290,000 is for the Corps to prepare for flood,
hurricane, and other natural disasters; support emergency
operations, repairs, and other activities in response to flood
and hurricane emergencies, as authorized by law; and repair and
rehabilitate eligible projects that were affected by natural
disasters. An additional $439,000,000 is provided for barrier
island restoration and ecosystem restoration along the
Mississippi Gulf Coast.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
STRATEGIC PETROLEUM RESERVE
(TRANSFER OF FUNDS)
The conference agreement provides $21,585,723 for
Strategic Petroleum Reserve to be derived by transfer from the
SPR Petroleum Account as proposed by the House and Senate.
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
The conference agreement provides $30,000,000 to sustain
a program at the nuclear weapons laboratories and other
entities to analyze nuclear and biological weapons
intelligence. The Senate bill proposed $34,500,000 for such
activities. The House proposed no funding for this account.
With this funding, the Secretary of Energy, in cooperation with
the Director of National Intelligence, shall develop and
implement a plan for investing these funds and sustaining this
critical analytical capability.
DEFENSE NUCLEAR NONPROLIFERATION
The conference agreement provides $55,000,000 for Defense
Nuclear Nonproliferation as proposed by the House and Senate.
GENERAL PROVISIONS--THIS TITLE
The conference agreement includes a provision proposed by
the Senate concerning Department of Energy Limited Transfer
Authority. The House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate concerning Federal Employment Requirements. The
House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate amending section 3181 of Public Law 110-114 to
deauthorize two Corps of Engineers projects. The House proposed
no similar provision.
The conference agreement includes a provision proposed by
the Senate concerning reprogramming of funds provided in Public
Law 111-5 to the Corps of Engineers. The House proposed no
similar provision.
The conference agreement includes a provision proposed by
the Senate concerning reprogramming of funds provided in Public
Law 111-5 to the Bureau of Reclamation. The House proposed no
similar provision.
The conference agreement includes a provision proposed by
the Senate restricting spending on mission relocation of either
the design authority for the gas transfer systems or tritium
research and development facilities until an independent
technical mission review and cost analysis is performed. The
House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate increasing the cost ceiling for a Corps of Engineers
project. The House proposed no similar provision.
The conference agreement deletes a provision proposed by
the Senate concerning deconstruction of a Corps of Engineers
project. The House proposed no similar provision.
The conference agreement includes a provision proposed by
the Senate concerning the Innovative Technology Loan Guarantee
Program in the Energy Department. The House proposed no similar
provision.
TITLE V
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
National Security Council
SALARIES AND EXPENSES
The conference agreement includes an additional
appropriation of $2,936,000 for the National Security Council,
as proposed by both the House and the Senate.
THE JUDICIARY
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides an additional
appropriation of $10,000,000 for the Federal Judiciary, as
proposed by the Senate, available for transfer between
Judiciary accounts to meet increased workload requirements
resulting from immigration and other law enforcement
initiatives. The House did not include funding for this
purpose.
INDEPENDENT AGENCIES
Financial Crisis Inquiry Commission
SALARIES AND EXPENSES
The conference report appropriates $8,000,000, to remain
available until February 15, 2011, for the necessary expenses
of the Financial Crisis Inquiry Commission established by
section 5 of Public Law 111-21 (enacted on May 20, 2009). The
Senate bill provided $4,000,000 for this purpose, appropriated
to the Department of the Treasury for transfer to the
Commission. Now that the authorization has become law, the
conferees decided to make the appropriation directly to a new
account for the Commission. In addition, the conference
agreement makes the funds available through February 15, 2011,
rather than through December 31, 2010 as proposed by the
Senate, in order to improve consistency with the authorizing
legislation. The House bill did not include funding for this
new Commission.
Securities and Exchange Commission
SALARIES AND EXPENSES
The conference agreement includes an additional
appropriation of $10,000,000, as proposed by the Senate, for
the Securities and Exchange Commission for investigation of
securities fraud. The House bill did not include funding for
this purpose.
GENERAL PROVISIONS--THIS TITLE
Section 501 of the conference report makes a technical
correction to Public Law 110-428 relating to judicial
survivors' annuities. This provision was proposed by the
Senate; the House had no comparable language.
Section 502 of the conference report amends the
appropriation of District of Columbia funds in the Financial
Services and General Government Appropriations Act, 2009 to
incorporate any subsequent budget amendments adopted by the
District of Columbia Council. This provision was proposed by
the Senate; the House had no comparable language.
Section 503 of the conference report alters the set aside
of not less than $3,000,000 in the fiscal year 2009
appropriation for the Federal Communications Commission, to
make that amount available for developing a national broadband
plan pursuant to the American Recovery and Reinvestment Act
instead of for a State Broadband Data and Development matching
grants program. This provision was proposed by the Senate; the
House had no comparable language.
Section 504 of the conference report includes language
proposed by the Senate amending the Federal Deposit Insurance
Act so as to preempt certain state interest rate ceilings,
effective through December 31, 2010. The House had no
comparable provision.
PANDEMIC INFLUENZA
The conference agreement does not contain provisions
proposed by the Senate making appropriations within the
Executive Office of the President for pandemic influenza
preparedness and response. Rather, this matter is addressed in
the Labor-HHS-Education and State/Foreign Operations titles of
the conference agreement, as in the House version of the bill.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
SALARIES AND EXPENSES
The agreement provides $46,200,000 for U.S. Customs and
Border Protection (CBP) Salaries and Expenses as proposed by
the Senate. The House bill contained no similar funding. Of
this, $6,200,000 shall be to care for and transport
unaccompanied illegal alien children (UAC); $30,000,000 shall
be to fund the hiring of up to 125 CBP Officers, as well as
other personnel, equipment, facilities and operations costs for
additional deployment to Southwest border ports of entry; and
$10,000,000 shall be to procure competitively non-intrusive
inspection equipment, all as described in the Senate report.
The Secretary of Homeland Security shall submit an expenditure
plan to the Committees on Appropriations prior to obligating
these funds, and not later than 30 days after the date of
enactment of this Act.
Air and Marine Interdiction, Operations, Maintenance, and Procurement
The agreement provides $5,000,000 for Air and Marine
Interdiction, Operations, Maintenance, and Procurement as
proposed by the Senate. The House bill contained no similar
funding. The Secretary shall submit an expenditure plan to the
Committees on Appropriations prior to obligating these funds,
and not later than 30 days after the date of enactment of this
Act.
U.S. Immigration and Customs Enforcement
SALARIES AND EXPENSES
The agreement provides $66,800,000 for U.S. Immigration
and Customs Enforcement (ICE) Salaries and Expenses as proposed
by the Senate. The House bill contained no similar funding.
Included in this total is $11,800,000 for increased costs of
ICE to care for and transport UAC to the Department of Health
and Human Services (HHS), pursuant to the requirements in the
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (P.L. 110-457). In addition, the
bill includes $55,000,000 for response to border security
issues, as discussed in the Senate report. Prior to obligation
of the funds, the Secretary shall submit an expenditure plan to
the Committees on Appropriations not later than 30 days after
the date of enactment of this Act.
The Department of Homeland Security (DHS) is directed,
jointly with HHS, to brief the Committees on Appropriations no
later than July 3, 2009, on the fiscal year 2009 costs to date
for handling UAC pursuant to P.L. 110-457 and the estimated
costs for the same activity in fiscal year 2010.
Coast Guard
OPERATING EXPENSES
The agreement provides $139,503,000 for Coast Guard
Operating Expenses as proposed by the Senate. The House bill
contained $129,503,000 within the Navy Operations and
Maintenance appropriation and no funding for maintenance of
High Endurance Cutters. Of this total, $129,503,000 is for
support of overseas contingency operations, and $10,000,000 is
for addressing the High Endurance Cutter maintenance backlog.
The Coast Guard is directed to provide a briefing by July 15,
2009, on how it plans to apply the cutter maintenance funds.
Federal Emergency Management Agency
STATE AND LOCAL PROGRAMS
The agreement provides $30,000,000 for State and Local
Programs for Operation Stonegarden as proposed by the Senate.
The House bill contained no similar funding.
GENERAL PROVISIONS--THIS TITLE
Section 601. The agreement includes and modifies a
provision proposed by the House permitting the Coast Guard to
issue a certificate of documentation for the drydock ALABAMA to
engage in coastwise trade and waives certain sections of the
Jones Act.
Section 602. The agreement includes a provision proposed
by the House permitting the Coast Guard to issue a certificate
of documentation for the vessel MARYLAND INDEPENDENCE to engage
in coastwise trade and waives certain sections of the Jones
Act. This authority is terminated if the vessel is conveyed or
repairs or alterations are made to the vessel outside the
United States.
(INCLUDING RESCISSION OF FUNDS)
Section 603. The agreement includes a provision proposed
by the Senate rescinding and appropriating funds previously
allocated to the State of Mississippi.
Section 604. The agreement includes a provision proposed
by the Senate amending language under the heading Federal
Emergency Management Agency, Management and Administration,
Public Law 110-329.
Section 605. The agreement includes a provision proposed
by the Senate permitting the Secretary to waive certain
requirements of the Federal Fire Prevention and Control Act of
1974. The House bill contained a similar provision under the
heading Federal Emergency Management Agency, Firefighter
Assistance Grants.
Section 606. The agreement includes a provision proposed
by the Senate regarding State-run case management programs
related to Hurricanes Katrina and Rita.
Section 607. The agreement includes a provision proposed
by the Senate that amends Section 552 of Public Law 110-161
pertaining to primary or secondary schools damaged by
Hurricanes Katrina and Rita.
Section 608. The agreement includes a provision proposed
by the Senate pertaining to Disaster Assistance Direct Loans
made pursuant to P.L. 111-5 for FEMA-1791-DR.
Section 609. The agreement includes a new provision
pertaining to debris removal and public assistance for damages
associated with FEMA-1791-DR, FEMA-1792-DR, FEMA-1841-DR, and
FEMA-1838-DR.
TITLE VIII
DEPARTMENT OF THE INTERIOR
DEPARTMENT-WIDE PROGRAMS
Wildland Fire Management
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $50,000,000 as
requested for wildfire suppression and emergency rehabilitation
activities of the Department of the Interior, available only if
other available funds will be exhausted imminently. If it
enhances the efficiency or effectiveness of Federal wildland
fire suppression activities, the Secretary of the Interior may
transfer any of these funds to the Secretary of Agriculture for
similar activities. The Committee notes that although wildfire
suppression projections are challenging this early in the
season, models and experience indicate that it is highly likely
that existing available funds will not be sufficient if another
fire season like the past three occurs.
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Wildland Fire Management
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $200,000,000 as
requested for wildfire suppression and emergency rehabilitation
activities of the Forest Service, available only if other
available funds will be exhausted imminently. If it enhances
the efficiency or effectiveness of Federal wildland fire
suppression activities, the Secretary of Agriculture may
transfer not more than $50,000,000 of these funds to the
Secretary of the Interior for similar activities. The Committee
notes that although wildfire suppression projections are
challenging this early in the season, models and experience
indicate that it is highly likely that existing available funds
will not be sufficient if another fire season like the past
three occurs.
GENERAL PROVISIONS--THIS TITLE
Sec. 701. The conference agreement includes a technical
correction as proposed by the Senate that amends Public Law
111-8 concerning training of staff at the Agency for Toxic
Substances and Disease Registry. The House had no similar
provision.
The conference agreement does not include a provision
proposed by the Senate that exempts youth conservation
employment programs in the Department of the Interior and the
Forest Service from Section 1606 of division A, title XVI of
Public Law 111-5. The conferees have been assured by the
Department of the Interior officials that they have legal
authorities to conduct youth projects under the American
Recovery and Reinvestment Act with appropriate entities, such
as the Youth Conservation Corps and Public Lands Corps.
TITLE VIII
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
REFUGEE AND ENTRANT ASSISTANCE
The conference agreement includes $82,000,000 for refugee
and entrant assistance, as proposed by the Senate. The House
proposed these funds within the Department of Defense,
including transfer authority to other Federal agencies. The
conferees intend that these funds be used for the care and
custody of unaccompanied alien children, to allow the Office of
Refugee Resettlement to implement the provisions of Public Law
110-457, the William Wilberforce Trafficking Victims Protection
Reauthorization Act (TVPRA) of 2008. The conferees direct the
Department of Health and Human Services, in conjunction with
the Department of Homeland Security, to provide a briefing to
the Committees on Appropriations no later than July 3, 2009 on
the increased costs in fiscal year 2010 associated with
implementing the TVPRA.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $1,850,000,000 for
pandemic influenza preparedness and response as proposed by the
House. The Senate proposed $1,500,000,000 in the Executive
Office of the President. Funding is available until expended,
as proposed by the House, rather than until September 30, 2010
as proposed by the Senate.
The conference agreement concurs in the House
recommendation and does not specify amounts within this
appropriation for Federal government agencies outside of the
Department of Health and Human Services (HHS). The Senate
recommended a number of transfers to other Federal agencies.
The conferees recognize the high level of uncertainty
associated with the current H1N1 influenza virus strain and
other circulating flu viruses and the urgent need to provide
increased resources to Federal, State, and local agencies on
the frontlines of responding to disease outbreaks. Lessons
learned from past influenza pandemics indicate that influenza
can strike a community, affect many individuals, and then
return with a vengeance to strike the community months later.
HHS has nearly exhausted all prior appropriated influenza
pandemic funds to respond to the current H1N1 influenza
outbreak. Supplemental funding is needed to continue to address
this current outbreak, but also to prepare for the potential of
future outbreaks, increased severity of the virus, or for a new
flu strain to emerge. As such, this funding may be used for an
array of pandemic influenza preparedness and response
activities, including the development and purchase of vaccines,
antiviral drugs, medical supplies and personal protective
equipment, diagnostic and vaccine delivery equipment, for
upgrading State and local public health capacity, and domestic
and international surveillance. Additionally, funding may be
used to support the activities for which prior funding was
provided, but has been diverted to address the current
outbreak.
As proposed by the House, the conference agreement
includes bill language that permits the Secretary of HHS to
transfer funding to other Federal agencies to be used to
prepare for and respond to an influenza pandemic. Funds may
also be transferred to the Covered Countermeasure Process Fund
for the purpose of administering compensation claims for
individuals who may experience adverse reactions caused by the
administration or use of a covered countermeasure, such as
vaccines and antiviral drugs. Such transfers shall be made in
consultation with the Director of the Office of Management and
Budget (OMB). Not later than 15 days prior to transferring any
funds, the Secretary must notify the Committees on
Appropriations of the House of Representatives and the Senate
of the planned uses of the funds. The Senate did not propose
similar language. Additionally, the conferees direct the
Secretary to consult with the Director of OMB when making
funding allocations within HHS.
Within the total, the conference agreement includes no
less than $200,000,000 for the Centers for Disease Control and
Prevention (CDC) as proposed by the House. The Senate did not
include a similar provision. CDC is the lead Federal agency
involved with detecting, preparing for, and responding to
infectious disease outbreaks. Funding will be used for such
activities as U.S. and global disease detection and
surveillance, laboratory capacity and research, diagnostic
capabilities, risk communication, rapid response, distribution
of medical supplies and treatments from the Strategic National
Stockpile, guidance development, and assistance to State and
local governments.
Also within the total, the conference agreement includes
no less than $350,000,000 for upgrading State and local
capacity as proposed by the House. The Senate did not include a
similar provision. State and local public health systems have
been challenged by the economic downturn. These funds will be
used to support State and local public health and emergency
response infrastructure, such as workforce, laboratory
capacity, public communications, and community mitigation
guidance and planning.
As proposed by the House, the conferees request that the
Secretary of HHS, together with the Director of CDC, examine
HHS' response to the early stages of the H1N1 outbreak in
Mexico and the laboratory confirmation process to ascertain
whether improvements are needed in its current disease
detection policies and procedures. HHS should submit a report
to the Committees on Appropriations of the House of
Representatives and the Senate no later than 90 days after the
enactment of this Act. The Senate did not request a similar
report.
As proposed by the House, the conferees direct the
Secretary of HHS to provide monthly reports to the Committees
on Appropriations of the House of Representatives and the
Senate updating the status of actions taken and funds obligated
in this and previous appropriations Acts for pandemic influenza
preparedness and response activities. These reports should be
provided no later than 15 days after the end of each month.
Further, the Secretary shall include appropriations provided in
this Act when preparing the semi-annual report to Congress on
influenza pandemic preparedness spending. The Senate did not
propose similar language.
Contingent emergency appropriation
The conference agreement includes an additional
$5,800,000,000 as a contingent emergency appropriation to
provide Federal, State, and local public health and emergency
response agencies with resources to effectively respond should
an escalation of the H1N1 virus or another emergent influenza
virus require a national vaccination program. On June 2, 2009,
the President submitted a request for $2,000,000,000 in
contingent funds, plus authority to transfer and redirect
Recovery Act and other prior appropriations for this purpose.
The conferees agree that additional, substantial, and flexible
resources should be provided to respond to this emerging
situation; however, the conferees believe they should be
provided in a more efficient manner.
Moreover, to ensure that these resources are used for
urgent needs, with oversight and accountability, this funding
is available for obligation only if the President provides
written notice to Congress that emergency funds are required to
address critical needs related to emerging influenza viruses.
Funds may be transferred to other appropriation accounts of the
Department of Health and Human Services and other Federal
agencies in consultation with the Director of the Office of
Management and Budget. Further, none of the funds provided
through this contingent emergency appropriation shall be made
available for obligation until 15 days following the submittal
of detailed obligation plans to the Committees on
Appropriations of the House of Representatives and the Senate.
Such plans shall identify the amounts and the activities for
which funds are specified by the President, shall be prepared
by HHS or any other Federal agency receiving funds, and shall
be coordinated with the Executive Office of the President.
GENERAL PROVISIONS--THIS TITLE
(TRANSFER OF FUNDS)
Sec. 801. The conference agreement includes a provision
as proposed by the Senate to provide the Department of Labor
expanded transfer authority for administrative funding
appropriated in the American Recovery and Reinvestment Act. The
House bill did not include a similar provision.
Sec. 802. The conference agreement includes a provision
as proposed by the House to make a technical correction to the
fiscal year 2009 Omnibus Appropriations Act to permit the
higher foster care children adoption incentive payments to
States authorized by the Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351). The
Senate bill did not include a similar provision.
Sec. 803. The conference agreement includes bill
language, not in either House or Senate bills, to enable the
Department of Education to expedite the awarding of American
Recovery and Reinvestment Act (ARRA) funding available for the
Centers for Independent Living program and allow multiple year
awards. The conferees expect that this authority will help the
Department begin to make ARRA awards under this program in the
current fiscal year and request monthly reports to the
Committees on Appropriations of the House of Representatives
and the Senate on actions taken to make all awards under this
program.
(INCLUDING TRANSFER OF FUNDS)
Sec. 804. The conference agreement includes a provision
that permits the Secretary of Education to transfer up to
$10,260,000 to the Career, Technical, and Adult Education
account for carrying out Adult Education State Grants from
amounts that would otherwise lapse at the end of fiscal year
2009, with notification to the Committees on Appropriations.
The Senate proposed language authorizing a transfer of up to
$17,678,270 for this purpose, while the House bill did not
include similar language.
TITLE IX
LEGISLATIVE BRANCH
U.S. Capitol Police
GENERAL EXPENSES
The agreement includes $71,606,000 for the acquisition
and installation of a new radio system for the U.S. Capitol
Police as proposed by both the House and the Senate. This is
the same amount as the supplemental request. The Government
Accountability Office will support the Capitol Police in the
execution of this critical project and have been requested by
the House and Senate Appropriations Committees to provide
regular updates of progress in meeting critical system
deadlines and performance standards.
The agreement accepts the Senate structure of the
appropriations language which deletes a proviso included in the
House bill and the supplemental request that would have placed
$6,500,000 of this amount in a contingency reserve.
Congressional Budget Office
SALARIES AND EXPENSES
The agreement includes $2,000,000 as proposed by the
Senate for the Congressional Budget Office. These funds remain
available until September 30, 2010. The funding provides
increased resources to expedite CBO's evaluation and scoring of
major legislation expected to be considered during the
remainder of fiscal year 2009 and will accelerate staffing
increases proposed in the fiscal year 2010 budget request.
These funds were not in the supplemental request or the House
bill.
Sec. 901--General Provision
The agreement does not include a general provision
proposed by the Senate related to Committee funding. The House
included no similar language.
TITLE X
DEPARTMENT OF DEFENSE
Military Construction, Army
(INCLUDING RESCISSION)
The conferees agree to provide $1,326,231,000 for
Military Construction, Army, instead of $1,407,231,000 as
proposed by the House and $1,278,731,000 as proposed by the
Senate. The conferees also recommend a rescission of
$143,242,000 from a prior year appropriation due to the
cancellation of military construction projects in Iraq. The
agreement includes a provision as proposed by the Senate to
require a prefinancing statement for each project in
Afghanistan be submitted to NATO before funds can be obligated
or expended. The funds are provided as follows:
----------------------------------------------------------------------------------------------------------------
Conference
Location Project description Request ($000) agreement
($000)
----------------------------------------------------------------------------------------------------------------
CO: Fort Carson............................ Child Development Center........... 11,200 11,200
CO: Fort Carson............................ Child Development Center........... 11,500 11,500
KY: Fort Knox.............................. CDC Connector...................... 1,100 1,100
MS: Mississippi AAP........................ Hurricane Damage Repair............ .............. 49,000
NC: Fort Bragg............................. Warrior in Transition Complex...... 88,000 88,000
TX: Fort Bliss............................. Child Development Center 4,700 4,700
(additional funds).
TX: Fort Bliss............................. Child Development Center 3,900 3,900
(additional funds).
TX: Fort Bliss............................. Child Development Center 4,700 4,700
(additional funds).
TX: Fort Bliss............................. Child Development Center........... 14,200 14,200
TX: Fort Hood.............................. Warrior in Transition Complex...... 64,000 64,000
TX: Fort Sam Houston....................... Warrior in Transition Complex...... 87,000 87,000
VA: Fort Belvoir........................... Warrior in Transition Complex...... 76,000 76,000
WA: Fort Lewis............................. Warrior in Transition Complex...... 110,000 110,000
Afghanistan: Airborne...................... Troop Housing...................... 5,600 5,600
Afghanistan: Altimur....................... Troop Housing...................... 3,500 3,500
Afghanistan: Bagram AB..................... SOF Alpha Ramp Facilities.......... 10,800 10,800
Afghanistan: Bagram AB..................... Power Plant Expansion.............. 33,000 33,000
Afghanistan: Bagram AB..................... Drainage System, Phase 1........... 18,500 18,500
Afghanistan: Bagram AB..................... Troop Housing, Phase 2............. 20,000 20,000
Afghanistan: Bagram AB..................... Troop Housing, Phase 3............. .............. 22,000
Afghanistan: Dwyer......................... Contingency Housing, Phase 1....... .............. 8,600
Afghanistan: Dwyer......................... Contingency Housing, Phase 2....... .............. 6,900
Afghanistan: Frontenac..................... Contingency Housing................ .............. 3,800
Afghanistan: Gardez........................ Contingency Housing................ .............. 8,400
Afghanistan: Garmsir....................... Medical Facility................... 2,000 2,000
Afghanistan: Helmand....................... Brigade Headquarters............... 7,800 7,800
Afghanistan: Jalalabad..................... Contingency Housing................ .............. 6,900
Afghanistan: Joyce......................... Troop Housing...................... 5,200 5,200
Afghanistan: Kandahar...................... Troop Housing, Phase 1............. 8,700 8,700
Afghanistan: Kandahar...................... Troop Housing, Phase 2............. .............. 4,250
Afghanistan: Kandahar...................... South Park Drainage, Phase 1....... 16,500 16,500
Afghanistan: Kandahar...................... Utilities, Phase 1................. 27,000 27,000
Afghanistan: Kandahar...................... Medical Facility................... 1,950 1,950
Afghanistan: Kandahar...................... Rotary Wing Ramps and Taxiway, 49,000 49,000
Phase 2.
Afghanistan: Kandahar...................... Command & Control Headquarters 23,000 23,000
Facility.
Afghanistan: Maywand....................... Troop Housing...................... 10,800 10,800
Afghanistan: Maywand....................... Rotary Wing Ramps and Taxiway, 26,000 26,000
Phase 1.
Afghanistan: Maywand....................... Fuel Distribution System........... 8,000 8,000
Afghanistan: Shank......................... Fuel Distribution System........... 8,000 8,000
Afghanistan: Shank......................... Troop Housing, Phase 1............. 7,800 7,800
Afghanistan: Shank......................... Troop Housing, Phase 2............. .............. 8,600
Afghanistan: Shank......................... Aviation Hangar & Maintenance 11,200 11,200
Facilities.
Afghanistan: Shank......................... Brigade Headquarters............... 7,800 7,800
Afghanistan: Shank......................... Rotary Wing Ramps and Taxiways, 24,000 24,000
Phase 2.
Afghanistan: Sharana....................... Aviation Hangar & Maintenance 11,200 11,200
Facilities.
Afghanistan: Sharana....................... Rotary Wing Ramps and Taxiways, 39,000 39,000
Phase 1.
Afghanistan: Sharana....................... Rotary Wing Ramps and Taxiways, 29,000 29,000
Phase 2.
Afghanistan: Tarin Kowt.................... Rotary Wing Ramps and Taxiways, 26,000 26,000
Phase 1.
Afghanistan: Tarin Kowt.................... Fuel Distribution System........... 8,000 8,000
Afghanistan: Tombstone/Bastion............. Role 2 Medical Facility............ 4,200 4,200
Afghanistan: Tombstone/Bastion............. Troop Housing...................... 8,700 8,700
Afghanistan: Tombstone/Bastion............. Troop Housing, Phase 2............. 5,200 5,200
Afghanistan: Tombstone/Bastion............. Troop Housing, Phase 3............. .............. 3,250
Afghanistan: Tombstone/Bastion............. Troop Housing, Phase 4............. .............. 3,800
Afghanistan: Tombstone/Bastion............. Rotary Wing Ramps and Taxiways, 49,000 49,000
Phase 2.
Afghanistan: Tombstone/Bastion............. Aviation Hangar & Maintenance 11,200 11,200
Facilities.
Afghanistan: Tombstone/Bastion............. Brigade Headquarters............... 7,800 7,800
Afghanistan: Tombstone/Bastion............. Fuel Distribution System........... 8,000 8,000
Afghanistan: Wolverine..................... Troop Housing...................... 8,900 8,900
Afghanistan: Various Locations............. CIED Road, Kapisa Supply Route..... 68,000 52,000
Germany: Ansbach........................... Child Development Center (Storck 9,800 9,800
Barracks).
Germany: Ansbach........................... Child Development Center 13,300 13,300
(Katterbach).
Germany: Landstuhl......................... Child Youth Services Center........ 5,500 5,500
Italy: Vicenza............................. Child Youth Services Center........ 12,000 12,000
Netherlands: Schinnen...................... Child Development Center (Emma 11,400 11,400
Mine).
Worldwide: Unspecified..................... Planning and Design................ 81,081 68,081
-------------------------------
Total.................................. ................................... 1,229,731 1,326,231
----------------------------------------------------------------------------------------------------------------
Military Construction, Navy and Marine Corps
The conferees agree to provide $235,881,000 for Military
Construction, Navy and Marine Corps as proposed by the House,
instead of $243,083,000 as proposed by the Senate. The funds
are provided as follows:
----------------------------------------------------------------------------------------------------------------
Conference
Location Project description Request ($000) agreement
($000)
----------------------------------------------------------------------------------------------------------------
CA: Camp Pendleton......................... Child Development Center........... 15,420 15,420
CA: Camp Pendleton......................... Marine Resources and Recovery 24,990 24,990
Center.
CA: Camp Pendleton......................... Wounded Warrior Battalion HQ....... 9,900 9,900
DC: Washington Navy Yard................... Child Development Center........... 9,340 9,340
HI: Pearl Harbor NS........................ Child Development Center........... 32,280 32,280
MD: Annapolis NSA.......................... Child Development Center Expansion. 9,720 9,720
MD: Patuxent River NAS..................... Child Development Center........... 13,150 13,150
MD: Patuxent River NAS..................... Child Development Center Addition.. 3,850 3,850
NC: Camp Lejeune........................... Child Development Center........... 13,970 13,970
NC: Camp Lejeune........................... Marine Resource and Recovery Center 24,960 24,960
NC: Camp Lejeune........................... Wounded Warrior Battalion HQ....... 3,601 3,601
NC: New River MCAS......................... Child Development Center Addition.. 2,670 2,670
SC: Parris Island MCRD..................... Child Development Center........... 14,670 14,670
VA: Little Creek NAB....................... Child Development Center........... 15,360 15,360
VA: Quantico MCB........................... Child Development Center........... 17,440 17,440
WA: Whidbey Island NAS..................... Child Development Center........... 13,560 13,560
Worldwide: Unspecified..................... Planning and Design................ 14,150 11,000
-------------------------------
Total.................................. ................................... 239,031 235,881
----------------------------------------------------------------------------------------------------------------
Military Construction, Air Force
The conferees agree to provide $281,620,000 for Military
Construction, Air Force, instead of $279,120,000 as proposed by
the House and $265,470,000 as proposed by the Senate. The
agreement includes a provision as proposed by the Senate to
require a prefinancing statement for each project in
Afghanistan be submitted to NATO before funds can be obligated
or expended. The funds are provided follows:
----------------------------------------------------------------------------------------------------------------
Conference
Location Project description Request ($000) agreement
($000)
----------------------------------------------------------------------------------------------------------------
Afghanistan: Bagram AB..................... CAS Apron.......................... 32,000 32,000
Afghanistan: Kandahar...................... Strategic Airlift Apron............ 84,000 84,000
Afghanistan: Tarin Kowt.................... Airlift Apron...................... 9,400 9,400
Afghanistan: Tarin Kowt.................... Runway............................. 18,500 18,500
Afghanistan: Tombstone/Bastion............. CAS Apron.......................... 43,000 43,000
Afghanistan: Tombstone/Bastion............. Fuels Operation & Storage.......... 2,250 2,250
Afghanistan: Tombstone/Bastion............. Expand Munitions Storage Area...... 51,000 51,000
Germany: Spangdahlem AB.................... Child Development Center........... 11,400 11,400
Qatar: Al Udeid AB......................... Temporary West Munitios Storage 15,500 --
Area.
Qatar: Al Udeid AB......................... Relocate South Munitions Storage -- 18,000
Area.
Worldwide: Unspecified..................... Planning and Design................ 13,920 12,070
-------------------------------
Total.................................. ................................... 280,970 281,620
----------------------------------------------------------------------------------------------------------------
Military Construction, Defense-Wide
The conferees agree to provide $661,552,000 for Military
Construction, Defense-Wide, instead of $1,086,968,000 as
proposed by the House and $181,500,000 as proposed by the
Senate. Within the amount, the conferees agree to provide
$488,000,000 for construction of hospitals, $169,500,000 for
construction of a National Security Agency data center, and
$4,052,000 for construction to support the Vision Center of
Excellence at the National Naval Medical Center, Bethesda. The
conferees also agree to include language as proposed by the
Senate to authorize the full cost of construction of the data
center at $1,589,500,000.
National Security Agency Data Center.--The conferees
agree to incrementally fund and fully authorize the National
Security Agency Data Center at Camp Williams, Utah. The
conferees direct the National Security Agency to submit to the
Committees on Appropriations of both Houses of Congress a
quarterly report on the progress of design and construction of
the project, beginning with the end of the fourth quarter of
fiscal year 2009 and continuing through the quarter of project
completion. This report shall include, at minimum, the amounts
obligated and expended to date, the percentage of authorized
construction completed, an updated construction and equipment
installation timetable, and proposed changes, if any, to the
submitted form 1391. The Agency is also directed to promptly
notify the committees of any material changes in requirements,
cost, or scope. The report and any associated notifications may
be submitted in classified form if necessary.
North Atlantic Treaty Organization
Security Investment Program
The conferees agree to provide $100,000,000 for the North
Atlantic Treaty Organization Security Investment Program as
proposed by both the House and the Senate.
Department of Defense Base Closure Account 2005
The conferees agree to provide $263,300,000 as proposed
by the House instead of $230,900,000 as proposed by the Senate.
General Provisions--This Title
The conferees agree to include a modified provision (Sec.
1001) as proposed by the Senate related to the Armed Forces
Institute of Pathology.
The conferees do not include a provision proposed by the
Senate related to the designation of funds in this title.
The conferees agree to include a provision (Sec. 1002) to
amend title 38 to provide for certain education benefits to the
children of a member of the Armed Forces who dies while on
active duty.
TITLE XI
Introduction
The conference agreement provides $9,700,213,000 for
Department of State, Foreign Operations, and Related Programs,
which is $2,652,069,000 above the request.
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes $997,890,000 for
Diplomatic and Consular Programs, to support operations and
security requirements for Afghanistan, Pakistan, and Iraq; and
to address increased requirements for global activities, which
is $403,575,000 above the request. Within the amount provided,
$146,358,000 is for Worldwide Security Protection. The funds
made available under this heading are to be allocated according
to the following table and are subject to the terms and
conditions of section 1103 (a) and (b) concerning allocations
and notifications:
DIPLOMATIC AND CONSULAR PROGRAMS
[Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Activity Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan:
Operations.............................. 123,900 169,800 173,000 159,100
Air Mobility (non-add).............. [17,000] -- [57,000] [42,000]
Public Diplomacy (non-add).......... [22,100] [33,000] [31,000] [32,100]
Worldwide Security Protection........... 101,545 121,545 101,545 116,545
Other Agencies.......................... 137,600 157,600 135,629 137,600
-------------------------------------------------------------------
Subtotal--Afghanistan............... 363,045 448,945 410,174 413,245
===================================================================
Pakistan:
Operations.............................. 36,462 36,462 36,462 36,462
Public Diplomacy (non-add).......... [30,900] [30,900] [30,900] [30,900]
Worldwide Security Protection........... 9,078 9,078 9,078 9,078
-------------------------------------------------------------------
Subtotal--Pakistan.................. 45,540 45,540 45,540 45,540
===================================================================
Iraq:
Operations and Security................. 150,000 486,000 150,000 486,000
Public Diplomacy (non-add).............. [900] [900] [900] [900]
-------------------------------------------------------------------
Subtotal--Iraq...................... 150,000 486,000 150,000 486,000
===================================================================
Global Programs:
Envoys and Special Representatives-- 28,370 28,370 28,370 28,370
Operations.............................
Public Diplomacy--Arab Youth Programs... 0 0 4,000 4,000
Worldwide Security Protection........... 7,360 7,360 7,360 20,735
-------------------------------------------------------------------
Subtotal--Global Programs........... 35,730 35,730 39,730 53,105
===================================================================
Total, D&CP..................... 594,315 1,016,215 645,444 997,890
----------------------------------------------------------------------------------------------------------------
The conferees require prior notification of funds
appropriated in this title for other Federal agencies, as
proposed by the Senate, and direct that with respect to these
interagency funds, the spending plan required in section 1104
of this title will be developed in consultation with the heads
of the relevant Federal agencies, as proposed by the House.
Afghanistan.--The conference agreement includes
$159,100,000 for Afghanistan operations, including $42,000,000
for Department of State air mobility requirements. This
includes $25,000,000 for the procurement of additional air wing
assets contained in the fiscal year 2010 budget request.
The conference agreement includes language in section
1102 requiring that the uses and oversight of aircraft
purchased or leased by the Department of State and USAID shall
be coordinated under the authority of the Chief of Mission in
Afghanistan. The conferees include this language, modified from
the Senate, to ensure oversight, coordination and efficient use
of resources.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations not later than 90
days after enactment of this Act on the steps taken to ensure
the interoperability of aircraft communications equipment and
procedures for the use of air assets by the three primary
agencies in Afghanistan--the Department of State, the United
States Agency for International Development (USAID) and the
Department of Defense.
Iraq.--The conference agreement includes $486,000,000 for
Iraq operations, of which $336,000,000 is for activities
contained in the fiscal year 2010 budget request to assist in
the transition to regularize diplomatic operations.
The conferees require that the Secretary of State submit
to the Committees on Appropriations a report on the facilities
lease plan for Iraq not later than 90 days after enactment of
this Act, as proposed by the House, and direct the Chief of
Mission in Iraq to conduct a right-sizing exercise, as proposed
by the Senate.
Global Operations.--The conferees require the Secretary
of State to submit a report to the Committees on Appropriations
not later than 180 days after enactment of this Act accounting
for the staff positions and resources dedicated to supporting
special envoys, special representatives, coordinators, and
similar positions and direct that any transfer of these
positions to other bureaus and offices within the Department of
State, or any reorganization affecting these positions, is
subject to the regular notification procedures of the
Committees on Appropriations, as proposed by the House. In
addition, funding under this heading for global operations
should be provided to support the Special Envoy for Sudan and
the special representative and policy coordinator for Burma.
Public Diplomacy.--The conference agreement includes the
transfer of up to $10,000,000 to ``International Broadcasting
Operations'' of the Broadcasting Board of Governors for
broadcasting activities to the Pakistan-Afghanistan border
region, as proposed by the Senate and similar to that proposed
by the House. The conferees recommend that up to $4,000,000 of
the funds appropriated in this title for public diplomacy
programs be made available through an open and competitive
process for new Arabic language television programs for
broadcast to Arabic-speaking countries, as proposed by the
Senate.
Personnel Report.--The conferees direct the Secretary of
State to submit a report to the Committees on Appropriations
not later than 45 days after enactment of this Act on the
promotion process at the Department as it relates to any
preferential consideration given for service in Iraq,
Afghanistan, and Pakistan as compared to other hardship posts,
as proposed by the Senate.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $24,122,000 for Office
of Inspector General, which is $16,921,000 above the request.
Of the funds provided under this heading, the conferees include
language transferring $7,200,000 to the Special Inspector
General for Afghanistan Reconstruction (SIGAR) and $7,000,000
to the Special Inspector General for Iraq Reconstruction
(SIGIR). The balance of the funds, $9,922,000, is for oversight
requirements of the Inspector General of the Department of
State, as proposed by the House and similar to that proposed by
the Senate.
The conference agreement requires that the Inspector
General of the United States Department of State and the
Broadcasting Board of Governors, the SIGIR, the SIGAR, and the
USAID Inspector General coordinate and integrate the
programming of funds made available in fiscal year 2009 for
oversight of programs in Afghanistan, Pakistan and Iraq, and
direct the Secretary of State to submit to the Committees on
Appropriations the annual comprehensive audit plan for
Southwest Asia developed by the Southwest Asia Joint Planning
Group in accordance with section 842 of Public Law 110-181, as
proposed by the House.
The conference agreement also extends to the SIGAR the
temporary hiring authority of section 3161 of title 5 of the
United States Code, as proposed by both the House and Senate.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement includes $921,500,000 for urgent
embassy security, construction, and maintenance costs, which is
$22,772,000 above the request. The funds made available under
this heading are to be allocated according to the following
table and are subject to the terms and conditions of section
1103 (a) and (b) concerning allocations and notifications:
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
[Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Activity Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan:
Land Acquisition and Site Development....... 87,028 87,028 10,000 20,000
---------------------------------------------------------------
Subtotal--Afghanistan................... 87,028 87,028 10,000 20,000
===============================================================
Pakistan:
Islamabad--Construction/Renovation.......... 736,500 736,500 735,500 735,500
Lahore--Acquisition, Mitigation and 29,600 29,600 29,500 29,500
Development................................
Peshawar--NOB and Housing................... 40,100 131,000 40,000 131,000
---------------------------------------------------------------
Subtotal--Pakistan...................... 806,200 897,100 805,000 896,000
===============================================================
Global Programs:
Mobile Mail Screening Units................. 5,500 5,500 5,500 5,500
---------------------------------------------------------------
Subtotal--Global Programs............... 5,500 5,500 5,500 5,500
===============================================================
Total, ESCM......................... 898,728 989,628 820,500 921,500
----------------------------------------------------------------------------------------------------------------
Civilian Surge.--The conferees urge the Secretary of
State to ensure that both office and housing plans accommodate
the surge in civilian personnel under the recently announced
strategy for Afghanistan and Pakistan. The conferees direct the
Secretary of State to ensure that the spending plan required in
section 1104 includes detailed information about facilities
plans in Afghanistan and Pakistan and how such plans are
integrated into the current strategy, as proposed by both the
House and Senate.
Property Acquisition in Afghanistan.--The conferees are
concerned about the request for the acquisition of land for the
expansion of the United States Mission in Afghanistan and
direct the Department of State to continue negotiations with
the Government of Afghanistan concerning land acquisition for
this purpose and notify the Committees on Appropriations on the
outcome of these negotiations prior to the obligation of funds
for such purpose.
Pakistan Facilities.--The conference agreement includes
$896,000,000 for the construction of safe and secure facilities
in Pakistan, of which $90,900,000 is contained in the fiscal
year 2010 request for housing and offices in Peshawar, as
proposed by the House.
International Organizations
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement includes $721,000,000 for
Contributions for International Peacekeeping Activities (CIPA),
which is $115,900,000 below the request. Funding for programs
and activities for Somalia is included under the heading
``Peacekeeping Operations.''
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The conference agreement includes $157,600,000 for
Operating Expenses, which is $5,000,000 above the request. Of
the total, $140,000,000 is for Afghanistan operations
(including $40,000,000 for aircraft operations); $7,600,000 is
for Pakistan operations; and $10,000,000 is for West Bank and
Gaza operations.
The conferees direct the USAID Administrator to ensure
that the spending plan required in section 1104 includes
information about the proposed additional personnel and
operating costs for USAID operations in Afghanistan and
Pakistan.
Afghanistan Airwing.--USAID should undertake efforts to
ensure that its airwing is interoperable and its procedures are
consistent with those of the Department of State and the
Department of Defense.
Personnel Report.--The conferees direct the USAID
Administrator to submit a report to the Committees on
Appropriations not later than 45 days after enactment of this
Act on USAID's promotion process as it relates to any
preferential consideration given for service in Iraq,
Afghanistan, and Pakistan as compared to other hardship posts,
as proposed by the Senate.
CAPITAL INVESTMENT FUND
The conference agreement includes $48,500,000 for Capital
Investment Fund, which is the same as the request.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $3,500,000 for Office
of Inspector General for increased oversight of programs in
Afghanistan and Pakistan, which is $3,500,000 above the
request. In addition, the agreement includes language under the
heading ``Economic Support Fund'' transferring $2,000,000 to
the Office of Inspector General for oversight of USAID
activities in the West Bank and Gaza.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH AND CHILD SURVIVAL
The conference agreement includes $150,000,000 for Global
Health and Child Survival, which is $150,000,000 above the
request.
Global Pandemic Preparedness and Response.--The
conference agreement provides $50,000,000 to support global
pandemic preparedness and response. The conferees expect
additional funds to be transferred to USAID for global pandemic
preparedness and response activities from the amounts provided
under title VIII of this Act.
The conferees include language, proposed by the House,
providing authority to the President to use funds appropriated
under the headings ``Global Health and Child Survival'',
``Development Assistance'', ``Economic Support Fund'', and
``Millennium Challenge Corporation'' to combat an H1N1
influenza pandemic, if the President determines that the human-
to-human transmission of the virus is virulent, efficient and
sustained, severe, spreading internationally to multiple
regions, and has been designated by the World Health
Organization (WHO) to be at the highest phase of the Global
Influenza Pandemic Alert. The conferees are aware of ongoing
efforts to clarify the WHO's pandemic definition and reiterate
that this authority is only for use if H1N1 is a severe global
threat. In the event that the President exercises this
authority, the conferees expect the Office of Management and
Budget to seek replenishments for any funds reprogrammed from
these accounts.
Global Fund.--The conference agreement also includes
$100,000,000 for an additional United States contribution to
the Global Fund to Fight AIDS, Tuberculosis and Malaria, as
proposed by the House. The Senate had proposed $50,000,000.
DEVELOPMENT ASSISTANCE
The conference agreement includes no funding for
Development Assistance, which is $38,000,000 below the request.
Funding for Kenya is provided under the ``Economic Support
Fund'' heading.
Sri Lanka.--The conferees direct the Secretary of State
to submit a report to the Committees on Appropriations not
later than 45 days after enactment of this Act detailing
incidents during the conflict in Sri Lanka that may constitute
violations of international humanitarian law or crimes against
humanity, and, to the extent practicable, identifying the
parties responsible.
INTERNATIONAL DISASTER ASSISTANCE
The conference agreement includes $270,000,000 for
International Disaster Assistance, which is $40,000,000 above
the revised request, of which not less than $55,000,000 is
intended to meet the growing needs of internally displaced
persons in Pakistan. The balance of funds is available to meet
basic needs of internally displaced persons in Africa, the
Middle East, and South and Central Asia, and to respond to
other humanitarian crises.
The conferees urge USAID and the Department of State to
ensure the provision of humanitarian assistance to those
displaced in Sri Lanka. In addition, the conferees encourage
the Secretary of State and the USAID Administrator to support,
through other relevant assistance accounts, programs that
increase and integrate the participation of Tamils in Sri
Lankan society and foster reconciliation between ethnic Tamil
and Sinhalese communities.
ECONOMIC SUPPORT FUND
The conference agreement includes $2,973,601,000 for
Economic Support Fund, which is $30,899,000 below the revised
request. Funds made available under the heading are to be
allocated according to the following table and are subject to
the terms and conditions of section 1103 (a) and (b) concerning
allocations and notifications:
ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Country/program and activity Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Countries
Afghanistan:
Afghan Civilian Assistance Program...... 0 ............... 11,000 12,000
Afghan Reconstruction Trust Fund........ 85,000 ............... 115,000 115,000
National Solidarity Program (non-add)... [20,000] [70,000] [70,000] [70,000]
Agriculture............................. 85,000 ............... 100,000 100,000
Alternative Development................. 55,000 ............... 65,000 65,000
Cross Border Development Program (non- 0 ............... [10,000] [10,000]
add)...................................
Widows Assistance....................... 0 ............... 5,000 5,000
Women NGOs.............................. 0 ............... 30,000 30,000
Capacity Building (non-add)............. 0 ............... [5,000] [5,000]
Program Support (non-add)............... 0 ............... [25,000] [25,000]
Subtotal, Allocated................. 225,000 0 326,000 327,000
Unallocated................................. 614,000 839,000 540,000 534,000
-------------------------------------------------------------------
Subtotal, Afghanistan............... 839,000 839,000 866,000 861,000
===================================================================
Pakistan:
Democracy Programs...................... ............... ............... 10,000 10,000
Humanitarian Assistance/Protection for 8,000 ............... 50,000 125,000
Vulnerable Populations.................
Baluchistan and East Indus River ............... ............... 5,000 5,000
Development Programs...................
Cross Border Development Program (non- ............... ............... [10,000] [10,000]
add)...................................
Subtotal, Allocated Pakistan........ 8,000 0 65,000 140,000
Unallocated................................. 551,500 529,500 ............... 399,000
-------------------------------------------------------------------
Subtotal, Pakistan.................. 559,500 529,500 439,000 539,000
===================================================================
Iraq:
Community Action Program (CAP).......... 35,000 ............... 50,000 50,000
Democracy and Civil Society............. 112,000 ............... 118,000 118,000
USIP (non-add).......................... ............... [7,000] ............... [7,000]
Iraq Cultural Antiquities............... 0 ............... 2,000 2,000
Marla Fund.............................. 3,500 ............... 10,000 10,000
Targeted Stability Programs............. 0 ............... 20,000 15,000
Widows Assistance....................... 5,000 ............... 5,000 5,000
Subtotal, Allocated................. 155,500 0 205,000 200,000
Unallocated................................. 293,500 442,000 234,000 239,000
-------------------------------------------------------------------
Subtotal, Iraq...................... 449,000 449,000 439,000 439,000
===================================================================
West Bank and Gaza.......................... 556,000 556,000 556,000 551,000
-------------------------------------------------------------------
Subtotal, West Bank and Gaza............ 556,000 556,000 556,000 551,000
===================================================================
Other Countries
Burma....................................... 13,000 13,000 13,000 13,000
Democratic Republic of the Congo............ 0 0 10,000 10,000
Egypt....................................... 0 50,000 0 50,000
Jordan...................................... 0 100,000 150,000 150,000
Kenya....................................... 0 18,000 0 35,000
North Korea................................. 95,000 0 0 0
Somalia..................................... 0 10,000 10,000 10,000
Sudan....................................... 0 15,000 0 10,000
Yemen....................................... 0 0 15,000 10,000
Zimbabwe.................................... 45,000 28,000 45,000 40,000
-------------------------------------------------------------------
Subtotal, Other Countries............... 153,000 234,000 243,000 328,000
===================================================================
Program
Assistance to Developing Countries Affected 448,000 300,000 285,000 255,601
by the Global Financial Crisis.............
-------------------------------------------------------------------
Subtotal, Program....................... 448,000 300,000 285,000 255,601
===================================================================
Total--ESF.......................... 3,004,500 2,907,500 2,828,000 2,973,601
----------------------------------------------------------------------------------------------------------------
Africa
Democratic Republic of the Congo (DRC).--The conference
agreement includes $10,000,000 for programs and activities to
assist victims of gender-based violence in the DRC.
Somalia.--The conference agreement includes $10,000,000
to support programs to provide employment opportunities for
youth and to support capacity building of governmental
institutions and civil society organizations to promote good
governance.
East Asia and Pacific
Burma.--The conference agreement includes $13,000,000 for
assistance for Burma, of which $10,000,000 is for continuing
humanitarian assistance to Cyclone Nargis-affected areas inside
Burma and $3,000,000 is for humanitarian assistance for
refugees, migrants in Thailand, and internally displaced
persons. The conferees direct the Department of State and USAID
to ensure that no assistance flows to or through the Burmese
government, its bureaucracy, or regime-affiliated
organizations, such as government-organized NGOs.
The conferees direct the Comptroller General of the
United States to conduct an assessment of the assistance
provided by the United States in response to Cyclone Nargis in
Burma, as proposed by the Senate, as well as an assessment of
the methods of delivery, effectiveness, and accountability of
humanitarian and development assistance for Burma from other
donors.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations not later than 30
days after enactment of this Act that details the findings and
recommendations of the Department of State's review of United
States policy toward Burma.
Near East
Iraq.--The conference agreement includes $439,000,000 for
assistance for Iraq. The conferees direct the Department of
State and USAID to clarify to the Committees on Appropriations
the funding streams for democracy and governance program
implementers in the fiscal year 2010 budget request.
The conference agreement includes $2,000,000 for the
preservation of Iraqi cultural antiquities to be administered
by the Ambassador's Fund for Cultural Preservation, and directs
the Department of State to consult with the Committees on
Appropriations prior to the obligation of funds for these
activities.
The conferees are concerned about the treatment of women
in Iraq, and urge the Department of State and USAID to continue
efforts to encourage the incorporation of women in stabilizing
Iraq and creating its government institutions. The conferees
are also concerned about the plight of women and religious
minorities, including Iraqi Christians, amongst displaced and
refugee populations and urges that programs of support for
displaced and refugee populations take into account the needs
of these minority groups.
Jordan.--The conference agreement includes $150,000,000
for assistance for Jordan to help mitigate the impact of the
global economic crisis including for health, education, water
and sanitation, and other impacts resulting from refugee
populations in Jordan.
West Bank and Gaza.--The conference agreement includes
not more than $551,000,000 for economic and humanitarian
assistance for the West Bank and Gaza, which is $5,000,000
below the request. The conferees note that $5,000,000 for USAID
admininstrative expenses are included under the heading
``Operating Expenses''. Of the amount provided, up to
$200,000,000 is available for cash transfer assistance to the
Palestinian Authority in the West Bank. The conferees continue
the prohibition on salaries for personnel of the Palestinian
Authority located in Gaza. The conferees continue all terms and
conditions of division H of Public Law 111-8 with respect to
assistance for the West Bank and Gaza.
Yemen.--The conference agreement includes $10,000,000 for
assistance for Yemen to support education and other programs
and activities administered by USAID, consistent with the
Tribal Engagement Plan.
South and Central Asia
Afghanistan.--The conference agreement includes
$861,000,000 for Afghanistan, and provides that not less than
$150,000,000 appropriated in fiscal year 2009 for assistance
for Afghanistan under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law Enforcement''
shall be made available to support programs that directly
address the needs of Afghan women and girls. The conferees
direct USAID and the Special Envoy for Afghanistan and Pakistan
to consult with the Department of State's Ambassador-at-Large
for Global Women's Issues concerning the use of these funds.
The conferees direct USAID to increase its support for Afghan
women's organizations that address the needs and rights of
Afghan women and girls. The conference agreement provides not
less than $5,000,000 for capacity building for Afghan women-led
nongovernmental organizations, and not less than $25,000,000 to
support programs and activities of such organizations,
including to provide legal assistance and training for Afghan
women and girls about their rights, and to promote women's
health (including mental health), education, and leadership.
The conferees also direct that not less than $70,000,000
shall be made available for the National Solidarity Program in
Afghanistan.
Pakistan.--The conference agreement includes $539,000,000
for assistance for Pakistan. The conferees recognize that funds
may be considered for direct budget support for the Government
of Pakistan, and direct that a bilateral agreement be in place
prior to the provision of any direct budget support. Such an
agreement should be structured to provide maximum
accountability and oversight, and should contain conditions for
disbursements of funds and detailed monitoring and reporting
requirements. Funds should be deposited in a separate,
traceable account and be allocated toward operations in
specific sectors. The Secretary of State is directed to consult
with the Committees on Appropriations prior to the provision of
any budget support, including on the amounts, uses and
oversight of such funds as well as on the bilateral agreement.
The conferees intend that the majority of the
$399,000,000 in unallocated assistance for Pakistan be used to
support programs in the Federally Administered Tribal Areas and
the North-West Frontier Province to counter the influence of
violent extremists through local initiatives, including
infrastructure, health, education, governance, rule of law, and
employment opportunities. USAID's Office of Transition
Initiatives should be utilized to the maximum extent
practicable in implementing such programs.
The conferees direct the USAID Administrator to consult
with the Committees on Appropriations on the use of up to
$5,000,000 to establish and implement a program in Pakistan
modeled on the Afghan Civilian Assistance Program, to assist
families and communities that suffer losses as a result of the
military operations.
The conferees also direct the Secretary of State to
submit a report not later than 180 days after enactment of this
Act detailing a multi-year strategy to promote democracy and
good governance in Pakistan, including funding requirements to
implement such a strategy.
Cross Border Programs.--The conferees recommend up to
$20,000,000 from within the amounts provided for Afghanistan
and Pakistan for a new cross border stabilization and
development program between Afghanistan and Pakistan or between
either country and the Central Asian republics to strengthen
governance and the rule of law, enhance access to media,
support small-scale energy development, create educational and
employment opportunities particularly for Afghan and Pakistani
youth, and promote regional cooperation, stability, and
security. The Special Representative for Afghanistan and
Pakistan at the Department of State shall administer these
funds, in consultation with USAID and the Department of
Defense.
Other
Global Financial Crisis.--The conference agreement
includes $255,601,000 for assistance for vulnerable populations
in developing countries affected by the global financial
crisis. The Department of State and USAID are directed to
report to the Committees on Appropriations not later than 45
days after enactment of this Act and prior to the obligation of
funds on implementation of this program, including on the
transfer of funds to the Overseas Private Investment
Corporation and to the Development Credit Authority. The report
should include detailed information on the programming of funds
and the results of a review, and reprogramming, if appropriate,
of existing USAID programs in targeted countries.
In addition, the conferees direct that funding provided
to the Millennium Challenge Corporation (MCC) in prior acts may
be reprogrammed to mitigate the impact of the global financial
crisis in MCC compact or threshold countries.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The conference agreement includes $272,000,000 for
Assistance for Europe, Eurasia and Central Asia, of which
$242,000,000 is for assistance for Georgia, and $30,000,000 is
for assistance for the Kyrgyz Republic to improve air traffic
control and safety, as proposed by the Senate, which is
$29,500,000 above the request. The conference agreement
includes permissive authority to expand the availability of
funds to other Eurasian countries allowing flexibility to the
Department of State to address unanticipated events.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The conference agreement includes $487,500,000 for
International Narcotics Control and Law Enforcement, which is
$98,000,000 above the request. Funds made available under the
heading are to be allocated according to the following table
and are subject to the terms and conditions of section 1103 (a)
and (b) concerning allocations and notifications:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Country/Activity Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Afghanistan:
Good Performers Initiative.................................. 23,000 23,000 20,000 23,000
Combating Violence Against Women and Girls.................. .......... .......... 10,000 10,000
Unallocated................................................. .......... 106,000 103,000 100,000
-----------------------------------------------
Subtotal, Afghanistan................................... 129,000 129,000 133,000 133,000
===============================================
Iraq............................................................ 20,000 20,000 20,000 20,000
Mexico.......................................................... 66,000 160,000 66,000 160,000
Pakistan........................................................ 65,500 65,500 65,500 65,500
West Bank and Gaza.............................................. 109,000 109,000 109,000 109,000
-----------------------------------------------
Total--INCLE............................................ 389,500 483,500 393,500 487,500
----------------------------------------------------------------------------------------------------------------
Afghanistan.--The conferees remain concerned with
continuing reports of violence against women and girls in
Afghanistan, who lack adequate protection by the police or
recourse from the Afghan judicial system. The conference
agreement provides not less than $10,000,000 to train and
support Afghan women investigators, police officers,
prosecutors and judges with specific responsibility for
investigating, prosecuting, and punishing crimes of violence
against women and girls.
The conferees intend that the Secretary of State and the
USAID Administrator, in cooperation with the Secretary of
Defense, will ensure that civilian personnel assigned to serve
in Afghanistan receive civilian-military coordination training
that focuses on counterinsurgency and stability operations. The
conferees direct the Secretary of State to submit a report to
the Committees on Appropriations not later than 90 days after
enactment of this Act, detailing how such training addresses
current and future civilian-military coordination requirements.
Mexico.--The conference agreement includes $160,000,000
for assistance for Mexico, and requires the Department of State
to submit to the Committees on Appropriations a spending plan
for such funds not later than 45 days after enactment of this
Act.
The conference agreement provides that none of the funds
appropriated in this title shall be used for the cost of fuel
for aircraft purchased with funds provided in this title for
Mexico, or to support the operations and maintenance costs of
aircraft purchased by the Government of Mexico.
The conferees direct the Secretary of State to submit a
report to the Committees on Appropriations not later than 45
days after enactment of this Act detailing actions taken by the
Government of Mexico since June 30, 2008, to investigate,
prosecute, and punish violations of internationally recognized
human rights by members of the Mexican Federal police and
military forces, and to support a thorough, independent, and
credible investigation of the murder of American citizen
Bradley Roland Will.
Palestinian Security Forces.--The conferees support
continued funding for the training of Palestinian Security
Forces, and direct the Secretary of State to submit a report to
the Committees on Appropriations not later than 90 days after
enactment of this Act, in classified form if necessary, on the
use of assistance provided by the United States for the
training of Palestinian security forces, including the
training, curriculum, and equipment provided, an assessment of
the effectiveness of the training and the performance of forces
after training is completed, and an assessment of factors that
limit the operational capabilities of forces trained.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The conference agreement includes $102,000,000 for
Nonproliferation, Anti-Terrorism, Demining and Related
Programs, which is $20,000,000 below the request. Within the
total, $77,000,000 is provided for the Nonproliferation and
Disarmament Fund for nuclear dismantlement and related
activities, as well as for border security equipment, training,
and program management to prevent smuggling of illicit goods
into Gaza.
The conference agreement includes a provision that the
Secretary of State shall work assiduously to facilitate the
regular flow of people and licit goods in and out of Gaza at
established border crossings. The conferees direct the
Secretary of State to submit a report to the Committees on
Appropriations not later than 45 days after enactment of this
Act, and every 90 days thereafter until September 30, 2010,
detailing progress in this effort.
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement includes $390,000,000 for
Migration and Refugee Assistance, which is $57,000,000 above
the revised request to respond to urgent humanitarian
requirements for refugees and internally displaced persons
(IDPs) in the Middle East, South and Central Asia, including
Pakistan and Sri Lanka, Southeast Asia, Africa, Colombia and
other refugees and IDPs around the world.
United Nations Relief and Works Agency (UNRWA).--The
conference agreement provides up to $119,000,000 for UNRWA for
activities in the West Bank and Gaza. The Secretary of State is
to submit a report to the Committees on Appropriations not
later than 45 days after enactment of this Act, on whether
UNRWA is: (1) utilizing Operations Support Officers in the West
Bank and Gaza to inspect UNRWA installations and report any
inappropriate use; (2) acting promptly to deal with any staff
or beneficiary violations of its own policies (including the
policies on neutrality and impartiality of employees) and the
legal requirements under section 301(c) of the Foreign
Assistance Act of 1961; (3) taking necessary and appropriate
measures to ensure it is operating in compliance with the
conditions of section 301(c) of the Foreign Assistance Act of
1961; (4) continuing regular reporting to the Department of
State on actions it has taken to ensure conformance with the
conditions of section 301(c) of the Foreign Assistance Act of
1961; (5) taking steps to improve the transparency of all
educational materials currently in use in UNRWA-administered
schools; (6) using curriculum materials in UNRWA-supported
schools and summer camps designed to promote tolerance, non-
violent conflict resolution and human rights; (7) not engaging
in operations with financial institutions or related entities
in violation of relevant United States law and is enhancing its
transparency and financial due diligence and working to
diversify its banking operations in the region; and (8) in
compliance with the United Nations Board of Auditors' biennial
audit requirements and is implementing in a timely fashion the
Board's recommendations.
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
PEACEKEEPING OPERATIONS
The conference agreement includes $185,000,000 for
Peacekeeping Operations (PKO), which is $135,000,000 above the
request. The conferees do not include the transfer authority to
allow funds to be shifted between accounts, as proposed by the
Senate.
Democratic Republic of the Congo (DRC).--The conference
agreement includes $15,000,000 for the DRC, which is $5,000,000
above the request, for training costs and procurement of
equipment to support a professional rapid reaction force, as
proposed by the Senate. The conferees direct that any training
of a rapid reaction force provided with the use of PKO funding
from this or prior acts, shall ensure that all members and
units be trained in the fundamental principles of respect for
human rights and protection of civilians with a focus on the
prevention of rape and other sexual abuse.
Multinational Force and Observer Mission (MFO).--The
conference agreement provides $2,000,000 for the MFO in the
Sinai for activities that facilitate communications between the
parties to the Treaty of Peace.
Somalia.--The conference agreement provides $168,000,000
for assistance for Somalia, of which $115,900,000 may be used
to pay assessed expenses of international peacekeeping
activities in Somalia and $52,100,000 may be used for security
sector reform.
The conferees are concerned with the recent surge of
piracy off the coast of the Horn of Africa and direct the
Secretary of State to submit a report to the Committees on
Appropriations, not later than 90 days after enactment of this
Act, on the feasibility of creating an indigenous maritime
capability in Somalia to combat piracy.
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The conference agreement includes $2,000,000 for
International Military Education and Training, which is the
same as the request, for education and training of Iraqi
Security Forces.
FOREIGN MILITARY FINANCING PROGRAM
The conference agreement includes $1,294,000,000 for
Foreign Military Financing Program (FMF), which is
$1,195,600,000 above the request.
Mexico.--The conference agreement includes $260,000,000
to expand aviation support for the Mexican Navy, and includes
language to ensure the expeditious delivery of such equipment.
Lebanon.--The conference agreement includes $69,000,000
for assistance for Lebanon. The conferees direct that no
assistance may be made available for obligation until the
Secretary of State reports to the Committees on Appropriations
on the vetting procedures in place to determine eligibility to
participate in United States training and assistance programs
funded under this account.
The conferees direct the Secretary of State to report on
the procedures in place to ensure that no funds are provided to
any individuals or organizations that have any known links to
terrorist organizations including Hezbollah, and mechanisms to
monitor the use of the funds.
The conferees direct that the Department of State consult
with the Committees on Appropriations prior to the obligation
of funds provided for assistance for Lebanon in this title.
Security Assistance to Near East Countries.--The
conference agreement includes funding for a portion of the
fiscal year 2010 budget request for security assistance for
Jordan, Egypt, and Israel, the amounts of which are not in
addition to the funds requested for fiscal year 2010.
Jordan.--The conference agreement provides $150,000,000
for assistance for Jordan, as proposed by the House. The fiscal
year 2010 budget request, based upon a Memorandum of
Understanding between the United States and Jordan, totals
$300,000,000.
Egypt.--The conference agreement provides $260,000,000
for FMF grants for Egypt, which shall be transferred to an
interest bearing account for Egypt in the Federal Reserve Bank
of New York not later than October 30, 2009, similar to that
proposed by the House. The fiscal year 2010 budget request
totals $1,300,000,000.
Israel.--The conference agreement provides $555,000,000
for FMF grants for Israel, which shall be available not later
than October 30, 2009, similar to that proposed by the House.
The fiscal year 2010 budget request, based upon a Memorandum of
Understanding between the United States and Israel, totals
$2,775,000,000. The conference agreement provides that to the
extent that the Government of Israel requests that FMF grant
funds for Israel be used for such purposes, and as agreed by
the United States and Israel, funds may be made available for
advanced weapons systems, of which $145,965,000 shall be
available for the procurement in Israel of defense articles and
services, including research and development.
PAKISTAN COUNTERINSURGENCY CAPABILITY FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $700,000,000 for a new
Pakistan Counterinsurgency Capability Fund (PCCF) under the
Department of State, which becomes available on September 30,
2009 and remains available through fiscal year 2011. The
conferees support the Administration's efforts to increase the
counterinsurgency capability of the Pakistani security forces
to help Pakistan defeat the extremist networks that are
operating within its territory. As the Secretary of State is
the principal adviser to the President on foreign policy
matters, the conferees believe the PCCF should be under the
authority of the Department of State. The conferees note that
the Department of State possesses the institutional capacity to
manage this account, working in close coordination with the
Department of Defense. The conferees also provide funding for
the PCCF for fiscal year 2009 to the Department of Defense and
direct the Secretary of State and the Secretary of Defense to
jointly develop a plan for transitioning the PCCF from the
Department of Defense to the Department of State for fiscal
year 2010. The conferees expect the Department of State to
consult closely on the uses of the PCCF to ensure that the
funds are obligated and expended in a timely manner, and
sufficient oversight mechanisms exist.
GENERAL PROVISIONS, THIS TITLE
The conference agreement includes the following general
provisions for this title:
EXTENSION OF AUTHORITIES
The conference agreement extends certain authorities
necessary to expend Department of State and foreign assistance
funds.
AFGHANISTAN
The conference agreement imposes certain conditions and
limitations on assistance for Afghanistan, including assistance
for Afghan women and girls, contracts and grants, acquisition
of land, United Nations Development Program (UNDP), the
National Solidarity Program, airwing implementation, and
anticorruption. The conferees are aware of the efforts by UNDP
and USAID to resolve concerns related to program implementation
and these efforts should continue.
ALLOCATIONS
The conference agreement requires that funds in the
specified accounts shall be allocated as indicated in the
respective tables in this joint statement, as proposed by the
Senate and similar to that proposed by the House. Any change to
these allocations shall be subject to the regular notification
procedures of the Committees on Appropriations.
SPENDING PLAN AND NOTIFICATION PROCEDURES
The conference agreement requires the Secretary of State
to provide detailed spending plans to the Committees on
Appropriations on the uses of funds appropriated in this title,
similar to that proposed by the House and Senate. These funds
are also subject to the regular notification procedures of the
Committees on Appropriations.
GLOBAL FINANCIAL CRISIS
The conference agreement provides for assistance for
countries severely affected by the global financial crisis,
requires the Secretary of State to submit a report prior to
making assistance available, and provides authority to transfer
funds to the Development Credit Authority and the Overseas
Private Investment Corporation. The provision includes
reprogramming authority to the MCC.
IRAQ
The conference agreement provides certain conditions and
limitations relating to assistance for Iraq, including matching
funds, as proposed by the Senate.
PROHIBITION ON ASSISTANCE TO HAMAS
The conference agreement prohibits assistance to Hamas or
any entity effectively controlled by Hamas, and further
prohibits assistance to any power-sharing government of which
Hamas is a member unless such government, including all of its
ministers or such equivalent, has met certain conditions. The
conferees believe that a public acceptance should be an
acceptance in writing by such government and its ministers, as
proposed by the House and Senate.
TERMS AND CONDITIONS
The conference agreement stipulates that unless
designated otherwise in this title, the terms and conditions
contained in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2009 (division H of Public
Law 111-8) shall apply to funds appropriated by this title,
except sections 7070(e) with respect to funds made available
for macroeconomic growth assistance for Zimbabwe, and 7042(a)
and (c), as proposed by the House and similar to that proposed
by the Senate.
MULTILATERAL DEVELOPMENT BANKS REPLENISHMENTS
The conference agreement amends permanent law to
authorize appropriations for the fifteenth replenishment of the
International Development Association and the eleventh
replenishment of the African Development Fund, including the
Multilateral Debt Relief Initiative, as proposed by the Senate.
PROMOTION OF POLICY GOALS AT THE WORLD BANK GROUP
The conference agreement amends permanent law regarding
the World Bank's ``Doing Business Report'' and World Bank
policies relating to the Inspection Panel, as proposed by the
Senate.
CLIMATE CHANGE MITIGATION AND GREENHOUSE GAS ACCOUNTING
The conference agreement amends permanent law regarding
World Bank policies relating to greenhouse gas accounting and
climate change mitigation, as proposed by the Senate.
MULTILATERAL DEVELOPMENT BANK REFORM
The conference agreement requires the Secretary of the
Treasury to seek to ensure that the multilateral development
banks disclose their operating budgets, rigorously evaluate
their programs and financing, and endorse the Extractive
Industry Transparency Initiative. It also requires coordination
between the Secretary of the Treasury, Secretary of State,
USAID Administrator, and other relevant Federal agencies, on
United States policy relating to the development activities of
the World Bank Group, as proposed by the Senate.
OVERSEAS COMPARABILITY PAY ADJUSTMENT
The conference agreement authorizes locality pay
adjustments for fiscal year 2009 for members of the Foreign
Service stationed overseas comparable to that if such member's
official duty station were in the District of Columbia, as
proposed by the Senate.
REFUGEE PROGRAMS AND OVERSIGHT
The conference agreement provides that up to $119,000,000
from funds appropriated under the ``Migration and Refugee
Assistance'' heading in this title may be made available to
UNRWA for the West Bank and Gaza and transfers $1,000,000 of
the funds made available under the ``Economic Support Fund''
heading to the Inspector General of the Department of State for
oversight of activities in the West Bank and Gaza and
surrounding region, similar to that proposed by the House. The
agreement includes the UNRWA report requirement proposed by the
House in modified form under the ``Migration and Refugee
Assistance'' heading in this joint statement.
TECHNICAL AND OTHER PROVISIONS
The conference agreement includes the following technical
and other provisions: subsection (a) of this provision modifies
a limitation in current law regarding assistance for Egypt,
similar to that proposed by the Senate; subsection (b) applies
the regular notification procedures to funds that are
transferred to the Department of State or USAID, similar to
that proposed by the Senate; subsection (c) authorizes USAID to
recruit retired Civil Service employees as re-employed
annuitants to serve in Iraq, Afghanistan, or Pakistan through
2010, similar to that proposed by the Senate; and subsection
(d) authorizes a financial incentive to employees who agree to
remain in these posts for an additional year through 2010,
similar to that proposed by the Senate; and subsection (e)
provides certain transfer authority, as proposed by the Senate.
AFGHANISTAN AND PAKISTAN COMMITMENT AND CAPABILITIES REPORT
The conference agreement requires that the President
report to the Committees on Appropriations on whether the
Governments of Afghanistan and Pakistan are demonstrating the
necessary commitment, capability, conduct and unity of purpose
to warrant the continuation of the President's policy announced
on March 27, 2009, similar to that proposed by the House.
UNITED STATES POLICY REPORT ON AFGHANISTAN AND PAKISTAN
The conference agreement requires a report on the
objectives of United States policy in Afghanistan and Pakistan,
metrics to assess progress in achieving the objectives, an
assessment of progress, and recommendations for additional
resources or authorities, if any, similar to that proposed by
the Senate.
The conference agreement does not include a provision
proposed in the request providing the availability of
assistance for Burma and Afghanistan notwithstanding any other
provision of law. The conference agreement includes limited
notwithstanding authority for Burma under the heading
``Economic Support Fund'' and a limited notwithstanding
authority for Zimbabwe in section 1108. The conferees also
provide limited notwithstanding authority for Afghanistan. The
conference agreement does not include House sections 21006
(Somalia) and Senate sections 1103 (Burma), 1108 (Mexico), 1115
(Assistance for Pakistan), 1116 (Special Authority), 1120
(Overseas Deployments), and 1122 (Additional Amount for
Assistance for Georgia).
TITLE XII
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The agreement provides $13,200,000 from the Airport and
Airway Trust Fund to remain available until expended to carry
out the essential air service program as proposed by the
Senate. The House did not include a similar provision.
Federal Aviation Administration
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
The agreement rescinds $13,200,000 in excess Grants-in-
Aid for Airports contract authority, as proposed by the Senate.
The House did not include a similar provision.
GENERAL PROVISIONS--THIS TITLE
Section 1201 removes a limitation that prevents the State
of North Dakota from spending more than $10,000,000 of highway
funding from the emergency relief program in any given year on
the repair and strengthening of the roads surrounding Devils
Lake, as proposed by the Senate. The House did not include a
similar provision.
Section 1202 allows transit agencies to use up to 10
percent of the formula grants provided in the American Recovery
and Reinvestment Act (ARRA) for operating expenses. The
conferees modified the original Senate language to clarify that
10 percent of the funds provided in ARRA for intercity bus
service shall also be available to cover operating expenses
which is consistent with existing law. The House did not
include a similar provision.
Section 1203 includes a provision proposed by the Senate
which replaces the $50,000,000 allocation provided in Public
Law 110-329 with an $80,000,000 allocation, and designates this
funding for tenant-based Section 8 funding for all areas
affected by Hurricanes Katrina and Rita. The House did not
include a similar provision.
Section 1204 clarifies that eligible recipients for the
funds provided in ARRA for gap financing include owners of
affordable housing tax credits under section 1400N of the
Internal Revenue Code of 1986, known as ``disaster credits'' or
``Go Zone'' credits, as well as owners of projects that receive
low income housing tax credits under section 42(h) of the
Internal Revenue Code of 1986, as proposed by the Senate. The
House did not include a similar provision.
Section 1205 includes a new provision which clarifies
prevailing wage requirements for housing funds provided in
ARRA.
TITLE XIII--CONSUMER ASSISTANCE TO RECYCLE AND SAVE ACT
The conference agreement includes a new title providing
$1 billion for vouchers of $3,500 or $4,500 to be applied
toward the purchase or lease of a new fuel efficient automobile
or truck from July 1-November 1, 2009. To qualify for a voucher
under this authority the vehicle turned in must be scrapped,
and the purchased vehicle must achieve greater fuel efficiency
than the vehicle to be turned in.
TITLE XIV--OTHER MATTERS
INTERNATIONAL ASSISTANCE PROGRAMS
INTERNATIONAL MONETARY PROGRAMS
United States Quota, International Monetary Fund
The conference agreement provides for an increase in the
United States quota in the International Monetary Fund (the
Fund), as requested, of approximately 5 billion in Special
Drawing Rights (SDRs), valued at approximately $8,000,000,000,
in order to maintain its current voting share and veto power
within the organization, as proposed by the Senate.
LOANS TO INTERNATIONAL MONETARY FUND
The conference agreement provides for loans to the Fund,
as requested, of the dollar equivalent of up to 75 billion
SDRs. This will enable the United States to increase its share
of the New Arrangements to Borrow, which establishes a set of
credit lines extended to the Fund, from approximately
$10,000,000,000 (6.6 billion SDRs) to the equivalent of
$100,000,000,000, as proposed by the Senate.
GENERAL PROVISIONS--INTERNATIONAL ASSISTANCE PROGRAMS
Sec. 1401. The conference agreement includes a provision,
as requested, authorizing the Secretary of the Treasury to
instruct the United States Executive Director of the Fund to
consent to amendments to the New Arrangements to Borrow and to
make loans, in an amount not to exceed the dollar equivalent of
75 billion SDRs, in addition to amounts previously authorized,
as proposed by the Senate.
Sec. 1402. The conference agreement includes a provision,
as requested, authorizing the United States Governor of the
Fund to agree to and accept amendments to the Articles of
Agreement of the Fund as proposed in resolutions approved by
the Fund's Board on April 28, 2008 and May 5, 2008. The
provision further authorizes the United States Governor of the
Fund, as requested, to consent to an increase in the United
States quota in the Fund equivalent to 43,973,100,000 SDRs. The
provision also authorizes the Secretary of the Treasury, as
requested, to instruct the United States Executive Director of
the Fund to agree to the sale of 12,965,649 ounces of the
Fund's gold. Since the Fund relies primarily on income from
lending operations to finance lending activities and expenses,
the sale of gold will finance an endowment, the return on which
will finance a portion of its administrative expenses. The
conferees direct the Secretary of Treasury to seek to ensure
that the Fund provides support to low-income countries by
making available Fund resources of not less than $4,000,000,000
and that such resources should be provided as loans with
substantial concessionality and debt service payment relief
and/or grants, as proposed by the Senate.
Sec. 1403. The conference agreement requires the
Secretary of the Treasury, in consultation with the United
States Executive Director of the World Bank and the Executive
Board of the Fund, to submit a report detailing the steps taken
to coordinate the activities of the World Bank and the Fund to
avoid the duplication of missions, and steps taken by the
Department of the Treasury and the Fund to increase the
oversight and accountability of Fund activities. The conference
agreement requires the United States Executive Director of the
Fund to use the voice and vote of the United States to oppose
any loan, project, agreement, or other activity that imposes
budget constraints, and to promote social spending in the
country. All provisions were proposed by the Senate.
Sec. 1404. The conference agreement includes a provision
that amends the International Financial Institutions Act to
require the United States Executive Director at each of the
International Financial Institutions (as defined in section
1701(c)(2) of this Act) to use the voice and vote of the United
States to oppose the provision of loans or other use of the
funds of the respective institution to any country the
government of which as repeatedly provided support for acts of
international terrorism.
GENERAL PROVISIONS--THIS ACT
AVAILABILITY OF FUNDS
Sec. 14101. The conference agreement includes a provision
proposed by both the House and Senate that limits the
availability of funds provided in this Act.
OVERSEAS DEPLOYMENTS AND EMERGENCY DESIGNATIONS
Sec. 14102. The conference agreement includes a global
designation, as proposed by the House, providing that each
amount in titles I, II, IV, V, VII, VIII, IX, XII, XIII, XIV,
and VI, except amounts under the heading ``Coast Guard
Operating Expenses'', is designated as necessary to meet
emergency needs pursuant to sections 403(a) and 423(b) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the
budget for fiscal year 2010. The agreement also includes a
global designation, as proposed by the House, providing that
all other amounts in the bill, except certain amounts rescinded
in section 309 of the conference report, are designated as
being for overseas deployments and other activities pursuant to
sections 401(c)(4) and 423(a) of S. Con. Res. 13 (111th
Congress). The Senate included emergency and overseas
deployment designations on an account-by-account basis.
RESTRICTIONS AND REQUIREMENTS REGARDING THE TRANSFER AND RELEASE OF
GUANTANAMO BAY DETAINEES
Sec. 14103. The conference agreement includes language
prohibiting current detainees from being released in the
continental United States, Alaska, Hawaii or D.C. The agreement
also prohibits current detainees from being transferred to the
U.S., except to be prosecuted, and only 45 days after Congress
receives a plan detailing the risks involved and a plan for
mitigating such risk; cost of the transfer; legal rationale and
court demands; and a copy of the notification provided to the
Governor of the receiving state (or the Mayor of the District
of Columbia) 14 days before a transfer with a certification by
the Attorney General that the individual poses little or no
security risk.
Under the conference agreement, current detainees cannot
be transferred or released to another country unless the
President submits to Congress 15 days prior to such transfer:
(a) the name of the individual and the country to which the
individual will be transferred; (b) an assessment of risks
posed and actions taken to mitigate such risks; and (c) the
terms of the transfer agreement with the other country,
including any financial assistance. Finally, the agreement
includes language requiring the President to submit a report to
Congress describing the disposition of each current detainee
before the facility can be closed.
The conference agreement deletes the language included in
title II of the Senate amendment that prohibited the use of
funds appropriated or made available by this or any prior Act
to transfer, release or incarcerate Guantanamo detainees to or
within the U.S.
The conference agreement also deletes a provision
proposed by the House that required the President to submit to
Congress by October 1, 2009 a comprehensive plan on the
proposed disposition of the Guantanamo Bay detention
facilities.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2009 recommended by the Committee of Conference,
comparisons to the 2009 budget estimates, and the House and
Senate bills for 2009 follow:
[In thousands of dollars]
Budget estimates of new (obligational) authority, fiscal
year 2009........................................... 92,145,120
House bill, fiscal year 2009............................ 96,716,971
Senate bill, fiscal year 2009........................... 91,283,119
Conference agreement, fiscal year 2009.................. 105,850,549
Conference agreement compared with:
Budget estimates of new (obligational) authority,
fiscal year 2009.................................. +13,705,429
House bill, fiscal year 2009........................ +9,133,578
Senate bill, fiscal year 2009....................... +14,567,430
NOTIFICATION OF EMERGENCY LEGISLATION
The congressional budget resolution (S. Con. Res. 13)
agreed to by Congress for fiscal year 2010 includes provisions
relating to the notification of emergency spending. These
provisions require a statement of how the emergency provisions
contained in the conference agreement meet the criteria for
emergency spending as identified in the budget resolution.
The conference agreement contains emergency funding for
fiscal year 2009 primarily for natural disasters and the threat
of pandemic influenza. Funding for natural disasters includes,
but is not limited to, wildland fires, flooding in the Upper
Midwest and Pacific Northwest, for ice storms, for Katrina
hurricane recovery and subsequent storms, including Hurricanes
Ike and Gustav in the gulf coast region, and for other needs.
The funding is related to unanticipated needs and is for
situations that are sudden, urgent, and unforeseen,
specifically prevention of pandemic influenza and other
disasters. These needs meet the criteria for emergencies.
DISCLOSURE OF CONGRESSIONAL EARMARKS AND CONGRESSIONALLY DIRECTED
SPENDING ITEMS
Following is a list of congressional earmarks and
congressionally directed spending items (as defined in clause 9
of rule XXI of the Rules of the House of Representatives and
rule XLIV of the Standing Rules of the Senate, respectively)
included in the conference report or the accompanying joint
statement of managers, along with the name of each House
Member, Delegate, Resident Commissioner, or Senator who
submitted a request to the Committee of jurisdiction for each
item so identified. Neither the conference report nor the joint
statement of managers contains any limited tax benefits or
limited tariff benefits as defined in the applicable House or
Senate rules.
TITLE IV--ENERGY AND WATER DEVELOPMENT
[Congressionally Directed Spending Items]
------------------------------------------------------------------------
Account Project Amount Requester(s)
------------------------------------------------------------------------
Flood Mississippi $439,000,000 Cochran, Wicker
Control Barrier Island
and Restoration
Coastal
Emergenci
es
------------------------------------------------------------------------
General Upper Newport Feinstein
Provision Bay, California
------------------------------------------------------------------------
TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT
[Congressionally Directed Spending Items]
------------------------------------------------------------------------
Account Project Amount Requester(s)
------------------------------------------------------------------------
General Amendment to Lincoln
Provision Federal Deposit
Insurance Act--
Interest rate
ceilings
------------------------------------------------------------------------
TITLE VI--HOMELAND SECURITY
[Congressionally Directed Spending Items]
------------------------------------------------------------------------
Account Project Amount Requester(s)
------------------------------------------------------------------------
General Jones Act Waiver-- Bonner, Shelby
Provision Drydock ALABAMA,
AL
------------------------------------------------------------------------
General Jones Act Waiver-- Ruppersberger
Provision Vessel MARYLAND
INDEPENDENCE, MD
------------------------------------------------------------------------
General Communications Cochran, Wicker
Provision System, MS
------------------------------------------------------------------------
General Hurricanes Cochran
Provision Katrina/Rita--
Case Management,
MS
------------------------------------------------------------------------
General Hurricanes Landrieu
Provision Katrina/Rita--
Primary and
Secondary School
Repair
Reimbursement,
LA
------------------------------------------------------------------------
General Hurricane Ike-- Hutchison
Provision Disaster
Assistance
Direct Loans, TX
------------------------------------------------------------------------
General Reimbursements Edwards (TX), Culberson,
Provision for Hutchison, Melancon,
Presidentially Alexander (LA), Landrieu,
Declared Vitter, Rogers (KY), Byrd
Disasters--TX,
LA, KY, WV*
------------------------------------------------------------------------
TITLE X--MILITARY CONSTRUCTION
[Congressionally Directed Spending Items]
------------------------------------------------------------------------
Account Project Amount Requester(s)
------------------------------------------------------------------------
Military----Mississippi Army----$49,000,000--Cochran, Taylor------------
Construct Ammunition Plant
ion, Army Hurricane Damage
Repair
------------------------------------------------------------------------
Military Vision Center of 4,052,000 Murray, Boozman, Nye, Walz
Construct Excellence,
ion, Navy Maryland
------------------------------------------------------------------------
TITLE XII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT
[Congressionally Directed Spending Items]
------------------------------------------------------------------------
Account Project Amount Requester(s)
------------------------------------------------------------------------
Federal- Devils Lake Dorgan, Conrad
aid Roads, North
Highway Dakota
Program,
Emergency
Relief
------------------------------------------------------------------------
*Item was neither committed to the conference committee by either House
nor in a report of a committee of either House on either bill.
David R. Obey,
John P. Murtha,
Nita M. Lowey,
Rosa L. DeLauro,
Chet Edwards,
Managers on the Part of the House.
Daniel K. Inouye,
Robert C. Byrd,
Patrick J. Leahy,
Tom Harkin,
Barbara A. Mikulski,
Herb Kohl,
Patty Murray,
Byron L. Dorgan,
Dianne Feinstein,
Richard J. Durbin,
Tim Johnson,
Mary L. Landrieu,
Jack Reed,
Frank R. Lautenberg,
E. Benjamin Nelson,
Mark Pryor,
Jon Tester,
Arlen Specter,
Thad Cochran,
Kit Bond,
Mitch McConnell,
Judd Gregg,
Robert F. Bennett,
Lamar Alexander,
Susan Collins,
George V. Voinovich,
Lisa Murkowski,
Managers on the Part of the Senate.