[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.
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