[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]
123 STAT. 1859
Public Law 111-32
111th Congress
An Act
Making supplemental appropriations for the fiscal year ending September
30, 2009, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <> That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2009, and for other purposes, namely:
TITLE I
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.
[[Page 1860]]
123 STAT. 1860
TITLE II
DEPARTMENT OF COMMERCE
Economic Development Administration
economic development assistance programs
For an additional amount for ``Economic Development Assistance
Programs'', $40,000,000, to remain available until September 30, 2010:
Provided, That the amount provided under this heading shall be for Trade
Adjustment Assistance for Communities under subchapter A, chapter 4,
title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) and Trade
Adjustment Assistance for Firms under chapter 3, title II of the Trade
Act of 1974 (19 U.S.C. 2341 et seq.).
DEPARTMENT OF JUSTICE
Detention Trustee
For an additional amount for ``Detention Trustee'', $60,000,000, to
remain available until September 30, 2010.
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses'', $1,648,000,
to remain available until September 30, 2010.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses'', $15,000,000,
to remain available until September 30, 2010.
United States Marshals Service
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $10,000,000,
to remain available until September 30, 2010.
National Security Division
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $1,389,000,
to remain available until September 30, 2010.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Salaries and Expenses'', $35,000,000,
to remain available until September 30, 2010.
[[Page 1861]]
123 STAT. 1861
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.
[[Page 1862]]
123 STAT. 1862
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
[[Page 1863]]
123 STAT. 1863
(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
[[Page 1864]]
123 STAT. 1864
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
[[Page 1865]]
123 STAT. 1865
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.
[[Page 1866]]
123 STAT. 1866
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
[[Page 1867]]
123 STAT. 1867
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.
[[Page 1868]]
123 STAT. 1868
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.
[[Page 1869]]
123 STAT. 1869
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;
[[Page 1870]]
123 STAT. 1870
``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
[[Page 1871]]
123 STAT. 1871
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
[[Page 1872]]
123 STAT. 1872
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.
[[Page 1873]]
123 STAT. 1873
(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.''.
[[Page 1874]]
123 STAT. 1874
(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.
[[Page 1875]]
123 STAT. 1875
(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
[[Page 1876]]
123 STAT. 1876
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.
[[Page 1877]]
123 STAT. 1877
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''.
[[Page 1878]]
123 STAT. 1878
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.
[[Page 1879]]
123 STAT. 1879
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
[[Page 1880]]
123 STAT. 1880
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.
[[Page 1881]]
123 STAT. 1881
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
[[Page 1882]]
123 STAT. 1882
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-
[[Page 1883]]
123 STAT. 1883
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.
[[Page 1884]]
123 STAT. 1884
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
[[Page 1885]]
123 STAT. 1885
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
[[Page 1886]]
123 STAT. 1886
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
[[Page 1887]]
123 STAT. 1887
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
[[Page 1888]]
123 STAT. 1888
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.
[[Page 1889]]
123 STAT. 1889
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:
[[Page 1890]]
123 STAT. 1890
``(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
[[Page 1891]]
123 STAT. 1891
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.
[[Page 1892]]
123 STAT. 1892
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
[[Page 1893]]
123 STAT. 1893
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
[[Page 1894]]
123 STAT. 1894
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
[[Page 1895]]
123 STAT. 1895
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
[[Page 1896]]
123 STAT. 1896
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
[[Page 1897]]
123 STAT. 1897
(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
[[Page 1898]]
123 STAT. 1898
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
[[Page 1899]]
123 STAT. 1899
(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.
[[Page 1900]]
123 STAT. 1900
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.
[[Page 1901]]
123 STAT. 1901
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
[[Page 1902]]
123 STAT. 1902
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
[[Page 1903]]
123 STAT. 1903
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
[[Page 1904]]
123 STAT. 1904
``(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
[[Page 1905]]
123 STAT. 1905
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''.
[[Page 1906]]
123 STAT. 1906
(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
[[Page 1907]]
123 STAT. 1907
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.
[[Page 1908]]
123 STAT. 1908
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
[[Page 1909]]
123 STAT. 1909
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), to
transfer each eligible trade-in vehicle surrendered to
the dealer under the Program to an entity for disposal;
(3) in consultation with the Secretary of the Treasury, make
electronic payments to dealers for eligible transactions by such
dealers, in accordance with the regulations issued under
subsection (d); and
(4) in consultation with the Secretary of the Treasury and
the Inspector General of the Department of Transportation,
establish and provide for the enforcement of measures to prevent
and penalize fraud under the program.
(b) Qualifications for and Value of Vouchers.--A voucher issued
under the Program shall have a value that may be applied to offset the
purchase price or lease price for a qualifying lease of a new fuel
efficient automobile as follows:
(1) $3,500 value.--The voucher may be used to offset the
purchase price or lease price of the new fuel efficient
automobile by $3,500 if--
(A) the new fuel efficient automobile is a passenger
automobile and the combined fuel economy value of such
automobile is at least 4 miles per gallon higher than
the combined fuel economy value of the eligible trade-in
vehicle;
[[Page 1910]]
123 STAT. 1910
(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
[[Page 1911]]
123 STAT. 1911
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--
[[Page 1912]]
123 STAT. 1912
(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
[[Page 1913]]
123 STAT. 1913
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
[[Page 1914]]
123 STAT. 1914
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
[[Page 1915
123 STAT. 1915
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.
[[Page 1916]]
123 STAT. 1916
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
[[Page 1917]]
123 STAT. 1917
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
[[Page 1918]]
123 STAT. 1918
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,
[[Page 1919]]
123 STAT. 1919
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.''.
[[Page 1920]]
123 STAT. 1920
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
[[Page 1921]]
123 STAT. 1921
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''.
Approved June 24, 2009.
LEGISLATIVE HISTORY--H.R. 2346 (S. 1054):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 111-105 (Comm. on Appropriations) and 111-151
(Comm. of Conference).
SENATE REPORTS: No. 111-20 (Comm. on Appropriations) accompanying S.
1054.
CONGRESSIONAL RECORD, Vol. 155 (2009):
May 14, considered and passed House.
May 19-21, considered and passed Senate, amended.
June 16, House agreed to conference report.
June 17, 18, Senate considered and agreed to conference
report.