H.R. 2346 (111th): Supplemental Appropriations Act, 2009

Introduced:
May 12, 2009 (111th Congress, 2009–2010)
Sponsor:
Rep. David “Dave” Obey [D-WI7]
Status:
Signed by the President
Slip Law:
This bill became Pub.L. 111-32.

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was enacted after being signed by the President on June 24, 2009.

Progress
Introduced May 12, 2009
Reported by Committee May 12, 2009
Passed House May 14, 2009
Passed Senate with Changes May 21, 2009
Passed Senate Jun 18, 2009
Signed by the President Jun 24, 2009
Votes

On Motion to Recommit with Instructions: H R 2346 Supplemental Appropriations, FY 2009
May 14, 2009 4:01 p.m.
Failed 191/237

House Vote on Passage
May 14, 2009 4:10 p.m.
Passed 368/60

On the Amendment S.Amdt. 1133 to H.R. 2346 (Supplemental Appropriations Act, 2009)
May 20, 2009 11:48 a.m.
Amendment Agreed to 90/6

On the Amendment S.Amdt. 1136 to H.R. 2346 (Supplemental Appropriations Act, 2009)
May 20, 2009 6:40 p.m.
Amendment Agreed to 92/3

On the Amendment S.Amdt. 1140 to H.R. 2346 (Supplemental Appropriations Act, 2009)
May 20, 2009 6:59 p.m.
Amendment Agreed to 94/0

On the Cloture Motion H.R. 2346
May 21, 2009 10:03 a.m.
Cloture Motion Agreed to 94/1

On the Amendment S.Amdt. 1138 to H.R. 2346 (Supplemental Appropriations Act, 2009)
May 21, 2009 2:52 p.m.
Amendment Rejected 30/64

Senate Vote on Passage
May 21, 2009 8:33 p.m.
Bill Passed 86/3

On Motion to Instruct Conferees: H R 2346 Supplemental Appropriations, FY 2009
Jun 11, 2009 12:23 p.m.
Passed 267/152

House Vote on Passage
Jun 16, 2009 6:27 p.m.
Passed 226/202

On the Motion (Motion to Waive All Applicable Points of Order Under Rule 44 on Conference Report on H.R. 2346)
Jun 18, 2009 2:50 p.m.
Motion Agreed to 60/36

Senate Vote on Passage
Jun 18, 2009 4:40 p.m.
Conference Report Agreed to 91/5

Cosponsors
none
Committees

House Appropriations

The committee chair determines whether a bill will move past the committee stage.

Full Title

Making supplemental appropriations for the fiscal year ending September 30, 2009, and for other purposes.

Summary

No summaries available.

Text

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Last updated Jan 01, 2010.
63 pages

Primary Source

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

6/24/2009--Public Law. (This measure has not been amended since the conference report was filed in the House on June 12, 2009. The summary of that version is repeated here.) Supplemental Appropriations Act, 2009 -
Title I - Department of Agriculture
Appropriates FY2009 funds for title II grants under P.L. 480 (donation of U.S. commodities for emergency and private assistance abroad).
Section 101 -
Makes unobligated amounts for the emergency conservation program available to the Secretary of Agriculture for natural disaster recovery efforts.
Section 102 -
Appropriates FY2009 funds for the principal amount of: (1) direct farm ownership loans; (2) direct operating loans; and (3) unsubsidized guaranteed operating loans.
Section 103 -
Appropriates FY2009 funds for loan costs, including loan modifications, for: (1) direct farm ownership loans; (2) direct operating loans; and (3) unsubsidized guaranteed operating loans.
Title II - Department of Commerce
Makes supplemental appropriations for FY2009 to the Department of Commerce (to remain available until September 30, 2010) for economic development assistance programs. Department of Justice - Makes supplemental appropriations for FY2009 (to remain available until September 30, 2010) to the Department of Justice (DOJ) for: (1) the Federal Detention Trustee; (2) legal activities; (3) the United States Marshals Service; (4) the National Security Division; (5) the Federal Bureau of Investigation (FBI); (6) the Drug Enforcement Administration (DEA); (6) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); (7) the Federal Prison System; and (8) the Office of Inspector General (rescinds specified funds appropriated under the Supplemental Appropriations Act, 2008, for such Office).
Title III - Department of Defense
Makes supplemental appropriations for FY2009 to the Department of Defense (DOD) for: (1) military personnel in the Army, Navy, Marine Corps, and Air Force (military departments); (2) operation and maintenance for the military departments, DOD, the reserves, and the Army National Guard; (3) the Afghanistan Security Forces Fund; (4) the Pakistan Counterinsurgency Fund; (5) procurement for the military departments, DOD, and National Guard and reserve equipment; (6) the Mine Resistant Ambush Protected Vehicle Fund; (7) research, development, test and evaluation (RDT&E) for the military departments and DOD; (8) Defense Working Capital Funds; (9) the Defense Health Program; (10) drug interdiction and counter-drug activities; (11) the Joint Improvised Explosive Device Defeat Fund; and (12) the Office of Inspector General.
Section 302 -
Authorizes the Secretary of Defense (Secretary, for purposes of this title), in the national interest, to transfer between appropriations up to $2.5 billion of the funds made available to DOD in this Act. Requires congressional notification of each transfer.
Section 306 -
Makes funds appropriated to the Iraq Security Forces Fund under the Supplemental Appropriations Act, 2008 available under this Act, through FY2010, for such Fund.
Section 308 -
Authorizes the Secretary to purchase motor vehicles for use by DOD military and civilian employees in Iraq and Afghanistan, with a cost limit of $75,000 per vehicle.
Section 309 -
Rescinds specified funds from various accounts under prior defense appropriations Acts.
Section 310 -
Appropriates funds for DOD for the payment of stop-loss special pay for members (including reserve and retired personnel) who served for an extended period between September 11, 2001, and September 30, 2009, under the President's stop-loss authority. Makes such payment $500 for each month that the member was retained on active duty under the stop-loss authority. Requires a report from the Secretary to the congressional defense and appropriations committees on the implementation of the retroactive stop-loss benefit.
Section 311 -
Repeals a provision of the National Defense Authorization Act for Fiscal Year 2004 providing certain limitations on the retirement of C-5A aircraft. Allows the Secretary of the Air Force to retire such aircraft after certain certification to the defense and appropriations committees.
Section 312 -
Prohibits funds under this title from being used to: (1) provide award fees to defense contractors contrary to award limitations under the National Defense Authorization Act, Fiscal Year 2007; or (2) finance programs or activities denied by Congress in FY2008 or FY2009 appropriations to DOD or to initiate a procurement or RDT&E new start program without prior written notification to the defense and appropriations committees.
Section 314 -
Prohibits funds from being obligated or expended to: (1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq; or (2) exercise U.S. control over any oil resource of Iraq.
Section 315 -
Prohibits funds from being used to establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Afghanistan.
Section 316 -
Directs the Secretary to provide quarterly to Congress, through FY2010, a detailed, month-by-month description of the transition of U.S. military forces, equipment, and contractors out of Iraq. Extends a related report requirement under the Supplemental Appropriations Act, 2008.
Section 317 -
Repeals a provision of the Supplemental Appropriations Act, 2008 which requires reports from the Secretary on individual transition readiness assessments by unit of Iraq and Afghan security forces. Revises generally reports concerning the use of certain security forces funds.
Section 318 -
Requires the Secretary, in making deductions from retired or retainer pay for individuals who previously received certain separation pay or incentives, to take into account the financial ability of the member to pay and to avoid undue financial hardship on the member and the member's dependents.
Section 319 -
Directs the President to submit quarterly to specified Members and committees of Congress a detailed report on the prisoner population at the detention facility at Naval Station Guantanamo Bay, Cuba.
Title IV - Department of Defense
Civil - Authorizes additional FY2009 appropriations to the Department of the Army, Corps of Engineers-Civil for: (1) navigation channel dredging and repair to Corps projects damaged by natural disasters; and (2) necessary flood control and coastal emergency expenses relating to the consequences of natural disasters. Authorizes additional FY2009 appropriations to the Department of Energy (DOE) for: (1) site maintenance activities for the Strategic Petroleum Reserve (SPR); (2) atomic energy defense activities of the National Nuclear Security Administration; and (3) defense nuclear nonproliferation.
Section 401 -
Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to revise the authorization for the transfer of up to 0.5 % from each amount appropriated to the DOE in such Act to any other account within DOE for management and oversight activities. Specifies only the Secretary of Energy as having that authority, and eliminates the authority of all other heads of federal departments or agencies to do so.
Section 402 -
Amends the Atomic Energy Defense Act to extend through FY2009 the authority of the Secretary of Energy, under a waiver of federal employment requirements, to establish pay rates for up to 200 DOE positions for scientific, engineering, and technical personnel for safety-related duties at DOE defense nuclear facilities.
Section 403 -
Amends the Water Resources Development Act of 2007 to deauthorize as of the enactment of such Act the projects for navigation at Northeast Harbor and Tenants Harbor, Maine.
Section 404 -
Grants the Secretary of the Army and the Secretary of the Interior unlimited reprogramming authority for specified funds provided in ARRA for the Army Corps of Engineers and for Bureau of Reclamation, respectively.
Section 406 -
Prohibits the provision of funds for activities related to the mission relocation of either the design authority for gas transfer systems or tritium research and development facilities during the current fiscal year until DOE 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.
Section 407 -
Modifies the project for ecosystem restoration, Upper Newport Bay, California, to authorize project construction at a total cost of $50.659 million, with an estimated federal cost of $32.928 million and a non-federal cost of $17.731 million.
Section 408 -
Amends the Omnibus Appropriations Act, 2009, relating to the "
Title 17 Innovative Technology Loan Guarantee Program," to state that use of the loan guarantee authority in such Act is not precluded for commitments to guarantee loans for projects as a result of such projects benefiting - (1) from contracts, leases, or other agreements entered into before May 1, 2009, for front-end nuclear fuel cycle projects, where the project licenses DOE technology, and pays royalties to the federal government for it, and the amount of such royalties will exceed the amount of federal spending, if any, under such contracts, leases, or agreements; or (2) from grants or cooperative agreements, to the extent that their obligations have been recorded on or before May 1, 2009. Title V: Executive Office of the President and Funds Appropriated to the President
Makes additional FY2009 appropriations to the National Security Council (NSC) for salaries and expenses, to remain available through FY2010. Makes additional FY2009 appropriations (including funds transfers) to the U.S. courts of appeals, district courts, and other judicial services for salaries and expenses, to remain available through FY2010. Requires funding to be available for transfer between judiciary accounts to meet increased workload requirements resulting from immigration and other law enforcement initiatives. Appropriates additional FY2009 funds for salaries and expenses to: (1) the Financial Crisis Inquiry Commission, to remain available through February 15, 2011; and (2) the Securities and Exchange Commission (SEC), to remain available through FY2010.
Section 501 -
Amends federal judicial code with respect to restoration of judicial survivors' annuities to certain widows and widowers whose annuities are terminated on account of remarriage before age 55. Extends for one additional year the current four-year-before-enactment period of retroactive effect for the right to restoration of annuities.
Section 502 -
Amends the Financial Services and General Government Appropriations Act, 2009, division D of the Omnibus Appropriations Act, 2009, with respect to appropriations to the District of Columbia under such Act, to incorporate any subsequent budget amendments adopted by the District of Columbia Council.
Section 503 -
Amends the Financial Services and General Government Appropriations Act, 2009, division D of the Omnibus Appropriations Act, 2009, to require the set-aside amount for the Federal Communications Commission (FCC) for a State Broadband Data and Development matching grants program to be used to develop a national broadband plan pursuant to title VI of division B of the American Recovery and Reinvestment Act of 2009 and for carrying out any other responsibility pursuant to such title.
Section 504 -
Amends the Federal Deposit Insurance Act with respect to the maximum annual percentage rate (APR) or amount of interest, discount points, finance charges, or other similar charges that may be charged in certain states upon the establishment in such a state of a branch of any out-of-state insured depository institution pursuant to an interstate bank merger. Authorizes the legal APR in such a state to equal the greater of state's maximum lawful annual percentage rate or 17%, but only to facilitate: (1) the uniform implementation of federally mandated or federally established programs and related financings, including uniform accessibility of student and mortgage loans as well as safe and affordable federal housing programs; and (2) interstate commerce generally, including consumer loans, in the case of any person or governmental entity (other than certain depository institutions). Makes nondepository institutions eligible for the same APR, subject to the same conditions. Applies this authorization only to contracts consummated between enactment of this Act and December 31, 2010.
Title VI - Department of Homeland Security
Makes supplemental appropriations to the Department of Homeland Security (DHS) for FY2009 for: (1) United States Customs and Border Protection, including for air and marine interdiction, operations, maintenance, and procurement; (2) United States Immigration and Customs Enforcement; (3) the Coast Guard; and (4) the Federal Emergency Management Agency (FEMA).
Section 601 -
Directs the Secretary of the department in which the Coast Guard is operating to issue a certificate of documentation with: (1) appropriate endorsement for engaging in the coastwise trade in Alabama for the drydock Alabama; and (2) a coastwise endorsement for the vessel Maryland Independence.
Section 603 -
Rescinds specified funds previously made available from "FEMA, Disaster Relief" to Mississippi under the Robert T. Stafford Disaster Relief and Emergency Assistance Act for Hurricane Katrina. Appropriates specified funds for "FEMA, State and Local Programs" for a grant to Mississippi for an interoperable communications system.
Section 604 -
Amends the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 to include within funding for FEMA management and administration funding for activities authorized by the Cerro Grande Fire Assistance Act of 2000.
Section 605 -
Authorizes the Secretary of Homeland Security (DHS) to make grants under the expansion of pre-September 11, 2001, fire grant program available for the hiring, rehiring, or retention of firefighters.
Section 606 -
Directs the Administrator of FEMA to 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.
Section 607 -
Amends the Department of Homeland Security Appropriations Act, 2008 to direct the Secretary, under the FEMA Public Assistance Program, to provide a single payment for any eligible costs for primary or secondary school sites impacted by Hurricanes Katrina or Rita.
Section 608 -
Provides that, for purposes of qualification for loans made available under the Disaster Assistance Direct Loan Program relating to a disaster declaration for Texas involving Hurricane Ike, the base period for tax determining loss of revenue may be FY2009 or FY2010.
Section 609 -
Increases the federal share of assistance under the Stafford Act for damages resulting from Hurricane Ike under specified disaster declarations for Texas, Louisiana, Kentucky, and West Virginia to 90% of costs for the repair, restoration, and replacement of damaged facilities and 100% of costs of assistance essential to meeting immediate threats to life and property and of clearing debris and wreckage.
Title VII - Department of the Interior
Appropriates FY2009 funds for wildfire suppression and emergency rehabilitation activities of the Department of the Interior and of the Department of Agriculture. Provides that: (1) such funds shall only become available if funds provided previously for wildland fire suppression will be exhausted imminently and after the appropriate Secretary notifies the House and Senate Committees on Appropriations of such need; and (2) such funds may be transferred to the Secretary of Agriculture and specified amounts of such funds may be transferred to the Secretary of the Interior to enhance federal wildland fire suppression activities.
Section 701 -
Amends the Omnibus Appropriations Act, 2009 to provide $1,000 per eligible employee for Individual Learning Accounts for full-time equivalent employees of the Agency for Toxic Substances and Disease Registry.
Title VIII - Department of Health and Human Services
Makes supplemental appropriations for FY2009 to the Department of Health and Human Services (HHS) for: (1) the Administration for Children and Families for Refugee and Entrant Assistance for necessary expenses for unaccompanied alien children; and (2) the Public Health and Social Services Emergency Fund to prepare for and respond to an influenza pandemic.
Section 803 -
Authorizes the Commissioner of the Rehabilitation Services Administration or the Director of a designated state unit to allocate funds appropriated under the American Reinvestment and Recovery Act of 2009 for the Centers for Independent Living Program among centers in a state without regard to the priority for funding new centers if the allocation is consistent with the provisions of the state plan and approved by the Commissioner.
Title IX - Legislative Branch
Makes additional appropriations to the Capitol Police General Expenses account to purchase and install a new radio system for the U.S. Capitol police, to remain available through FY2012. Prohibits the Chief of the Capitol Police from obligating such funds without approval of an obligation plan by the congressional appropriations committees. Appropriates additional funds to the Congressional Budget Office (CBO) for salaries and expenses, to remain available through FY2010.
Title X - Department of Defense
Makes supplemental appropriations to DOD for FY2009 for: (1) military construction for the military departments and DOD; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; and (3) the Department of Defense Base Closure Account 2005.
Section 1001 -
Prohibits funds from being 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 a Joint Pathology Center which is performing at minimum requirements set forth under the National Defense Authorization Act for Fiscal Year 2008.
Section 1002 -
Entitles to educational assistance for service in the Armed Forces after September 11, 2001, any child of a person who, on or after such date, dies in the line of duty while serving on active duty. Terminates such entitlement 15 years after the individual's 18th birthday.
Title XI - Department of State
Makes FY2010 appropriations for the Department of State (Department) for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the Office of Inspector General; (3) U.S. embassy security, construction, and maintenance; (4) international peacekeeping; (5) operating and international development expenses of the United States Agency for International Development (USAID), and the Office of Inspector General; (6) global health and child survival; (7) international disaster assistance; (8) the Economic Support Fund; (9) assistance for Europe, Eurasia, and Central Asia; (10) international narcotics control and law enforcement; (11) nonproliferation, anti-terrorism, and demining; (12) migration and refugee assistance; (13) international military education and training; (14) foreign military financing grants; and (15) international peacekeeping operations. Establishes, and makes FY2010 appropriations for, the Pakistan Counterinsurgency Capability Fund.
Section 1101 -
Extends certain authorities necessary to expend Department and foreign assistance funds.
Section 1102 -
Makes Economic Support Fund amounts under this title for Afghanistan 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. Provides that funds for Afghanistan may be used to conduct procurements and to award assistance in which: (1) competition is limited to products, services, or sources from Afghanistan; (2) noncompetitive contract or assistance procedures are used; or (3) preference is provided for products, services, or sources from Afghanistan. States that not more than $20 million of funds appropriated under this title should be made available to acquire property for diplomatic facilities in Afghanistan. Authorizes funds under this title to be made available for the United Nations Development Program (UNDP) in Afghanistan if the Secretary of State (Secretary) reports to the appropriate congressional committees that UNDP is cooperating with USAID to investigate UNDP expenditures of USAID funds associated with the Quick Impact Program in Afghanistan. Obligates funds for the National Solidarity Program.
Section 1103 -
Allocates specified fund amounts.
Section 1104 -
Directs the Secretary to provide detailed spending plans to the Senate and House Appropriations Committees (Committees) on the uses of funds appropriated in this title.
Section 1105 -
Makes specified Economic Support Fund amounts under this title available for vulnerable populations in developing countries impacted 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% or more since 2007; and (3) demonstrate consistent improvement on the democracy and governance indicators as measured by the Millennium Challenge Corporation 2009 Country Scorebook. Transfers specified funds for such assistance. Directs the Secretary to submit a spending plan to the Committees prior to the initial obligation of funds detailing fund use on a country-by-country and project-by-project basis.
Section 1106 -
Requires that: (1) to the maximum extent practicable Iraqi assistance shall be made in a manner that utilizes Iraqi entities; (2) appropriations for Iraq shall be in accordance with the Department's "Guidelines for Government of Iraq Financial Participation in United States Government-Funded Civilian Foreign Assistance Programs and Projects"; and (3) certain funds shall be set aside for targeted development programs and activities in areas of conflict in Iraq.
Section 1107 -
Prohibits funds under this title from being made available to Hamas or any Hamas-controlled entity. Authorizes assistance for a power-sharing government if the President certifies that such government, including all of its ministers or other equivalent officials, has publicly acknowledged Israel's right to exist and is adhering to all previous agreements with the U.S. government, the government of Israel, and the international community. Directs the Secretary, in the event of a presidential certification, to report quarterly to the Committees on such government's compliance with these requirements.
Section 1108 -
Provides that unless designated otherwise the authorities and conditions contained in the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 shall apply to funds appropriated by this title, except with respect to funds made available for macroeconomic growth assistance for Zimbabwe and certain assistance for Iraq.
Section 1109 -
Amends the International Development Association Act to authorize the U.S. Governor of the International Development Association to contribute to the 15th replenishment of the Association. Authorizes appropriations. Authorizes the Secretary of the Treasury to contribute to the Association for debt relief funding under the Multilateral Debt Relief Initiative in the period governed by the 15th replenishment of the Association. Authorizes appropriations. Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute to the 11th replenishment of the Fund. Authorizes appropriations. Authorizes the Secretary of the Treasury to contribute to the Fund for the purpose of funding debt relief under the Multilateral Debt Relief Initiative. Authorizes appropriations.
Section 1110 -
Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct: (1) the U.S. Executive Directors at the International Bank for Reconstruction and Development, the International Development Association, and the International Finance Corporation to seek to make specified changes in the "Doing Business Report" of the World Bank; and (2) the U.S. Executive Directors at the World Bank to seek to enhance transparency of the World Bank Inspection Panel process. Defines "World Bank" as the International Bank for Reconstruction and Development and the International Development Association.
Section 1111 -
Amends the International Financial Institutions Act to direct the Secretary of the Treasury to seek to ensure that multilateral development banks: (1) implement greenhouse gas accounting in analyzing project benefits and costs; and (2) expand climate change mitigation activities.
Section 1112 -
Directs the Secretary of the Treasury to seek to ensure that multilateral development banks: (1) make timely, public disclosure of their operating budgets; (2) evaluate the development impact of selected bank projects and financing operations; and (3) and integrate Extractive Industry Transparency Initiative (EITI) principles into related projects.
Section 1113 -
Extends comparability pay adjustments to certain Foreign Service members assigned abroad.
Section 1114 -
Authorizes certain migration and refugee assistance funds to be made available to the United Nations Relief and Works Agency (UNRWA) for activities in the West Bank and Gaza.
Section 1115 -
Amends the Omnibus Appropriations Act, 2009 to increase the limit on Economic Support Fund amounts available to Egypt for democracy, human rights, and governance programs. Applies the regular notification procedures to funds transferred from a federal department or agency to the Department or USAID. Extends through October 1, 2010, the authority of the Secretary and the Administrator of USAID to recruit retired Foreign Service or Civil Service employees as reemployed annuitants to serve in Pakistan, Iraq, or Afghanistan. (Current law authorizes annuitants to serve in Iraq and Afghanistan.) Authorizes funds to be used through October 1, 2010, for recruitment, relocation, and retention bonuses to Foreign Service members, other than chiefs of mission and ambassadors at large, who are on official duty in Iraq, Afghanistan, or Pakistan. Authorizes certain military funds to be used for medical and rehabilitation assistance for Colombian security force members who have suffered severe injuries.
Section 1116 -
Directs the President to report to the appropriate congressional committees regarding: (1) whether the governments of Afghanistan and Pakistan are demonstrating the necessary commitment, conduct, and unity of purpose to warrant the continuation of the President's policy announced on March 27, 2009; and (2) U.S. policy objectives with respect to Afghanistan and Pakistan and the metrics to be utilized to assess progress toward achieving such objectives.
Title XII - Department of Transportation
Makes supplemental appropriations for FY2009 to the Department of Transportation (DOT) for the essential air service program. Rescinds specified amounts from those authorized to the Federal Aviation Administration (FAA) for FY2008 for the airport improvement program (AIP), including grants for airport planning and development and noise compatibility planning and programs.
Section 1201 -
Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: Legacy for Users (SAFETEA-LU) to change requirements for expenditures to requirements for allocations with respect to federal highway emergency relief program funds for the repair and strengthening of roads in closed basins at Devils Lake, North Dakota. (Currently expenditures are limited to $10 million during any fiscal year and to $70 in total. These amounts are now converted to allocations.)
Section 1202 -
Allows transit agencies to use up to 10% of urbanized and other-than-urbanized formula grant funds appropriated under the American Recovery and Reinvestment Act of 2009 (ARRA) for operating costs of equipment and facilities for use in public transportation projects or intercity bus service. Allows the federal share, at recipient option, to be 100%.
Section 1203 -
Amends the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 to replace the allocation for public housing agency (PHA) project-based vouchers under the section 8 rental assistance program with an allocation for tenant-based rental assistance (including administrative expenses) for areas impacted by Hurricanes Katrina and Rita.
Section 1204 -
Amends the ARRA to make a technical amendment to the requirement that housing credit agencies in each state distribute funds for capital investments in low-income housing tax credit projects under the home investment partnerships program competitively to owners of low-income housing projects that have received an award of low-income housing tax credits. Specifies Gulf Opportunity Zone (GO Zone) low-income housing tax credits among such credits.
Section 1205 -
Subjects to prevailing wage requirements under the Davis-Bacon Act certain ARRA funds made available for: (1) PHA capital and management activities (subject to certain community service requirements as well); (2) the community development block grant (CDBG) program under the Housing and Community Development Act of 1974; and (3) Native American Housing Block Grants and housing entities eligible for assistance for Native Hawaiian housing authorized under the Native American Housing Assistance and Self-Determination Act of 1996.
Title XIII - Consumer Assistance to Recycle and Save Program
Consumer Assistance to Recycle and Save Act of 2009 -
Section 1302 -
Establishes in the National Highway Traffic Safety Administration (NHTSA) a voluntary Consumer Assistance to Recycle and Save Program through which the Secretary of Transportation shall: (1) authorize the issuance of an electronic voucher to offset the purchase or lease price for a new fuel efficient automobile upon the surrender of an eligible trade-in vehicle to a participating dealer; (2) register dealers for Program participation; (3) make electronic payments to them for eligible transactions they accept between specified dates; and (4) establish and provide for the enforcement of measures to prevent and penalize fraud under the Program. Prescribes requirements, including combined fuel economy, for $3,500 and $4,500 vouchers to offset the purchase or lease price for a qualifying passenger automobile or truck. Limits: (1) the use of vouchers to purchases or qualifying leases of new fuel efficient vehicles that occur between July 1, 2009, and November 1, 2009; and (2) their number to one per customer (including joint registered owners of a single eligible trade-in vehicle). Requires a dealer to certify about each eligible trade-in vehicle that the dealer: (1) has not and will not sell, lease, exchange, or otherwise dispose of the vehicle for use as an automobile anywhere in the world; and (2) will transfer the vehicle (including the engine block) to an entity that will ensure that the vehicle will be crushed or shredded within the Program period, and has not been, and will not be, sold, leased, exchanged, or otherwise disposed of for use as an automobile anywhere in the world. Prescribes standards which any regulations issued by the Secretary for the Program must meet. Makes it unlawful for any person to violate this Act or any regulations issued under it, particularly by fraud. Prescribes civil penalties for any such violation. Directs the Secretary to make Program information available on an Internet website and through other means. Requires the Secretary to: (1) maintain a database of vehicle identification numbers (VINs) of all new fuel efficient vehicles purchased or leased and eligible trade-in vehicles disposed of under the Program; and (2) report to Congress on the Program's efficacy. Excludes from the income of the purchaser of a vehicle, for all state and federal programs (and from gross income for federal tax purposes), any voucher issued under the Program or any payment made for one. Authorizes appropriations.
Title XIV - Other Matters: Appropriates FY2009 funds for: (1) an increase in the U.S. quota of the International Monetary Fund (IMF); and (2) loans to the IMF. (Sec. 1401) Amends the Bretton Woods Agreements Act to authorize the Secretary of the Treasury to instruct the U.S. Executive Director to consent to: (1) certain IMF amendments expanding the resources of the New Arrangements to Borrow; and (2) the provision of certain loan funds. (Sec. 1402) Authorizes the U.S. Governor of the IMF to agree to: (1) specified amendments to the Articles of Agreement; and (2) an increase in the U.S. quota of the IMF. Authorizes the Secretary to instruct the U.S. Executive Director of the IMF to vote to approve the sale of a certain amount of IMF gold. (Sec. 1403) Directs the Secretary to report to the appropriate congressional committees detailing the steps taken: (1) to coordinate World Bank and IMF activities; and (2) by the Department of the Treasury and IMF to increase IMF oversight. (Sec. 1404) Amends the International Financial Institutions Act to direct the Secretary to instruct U.S. executive directors at certain international financial institutions to use U.S. influence to oppose the provision of loans or other funds to a country whose government has repeatedly provided support for acts of international terrorism. General Provisions
This Act
Section 14101 -
States that no part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Section 14102 -
Designates, with specified exceptions, each amount in: (1) this Act as being for overseas deployments; and (2) each amount in titles I, II, IV, V, VII, VIII, IX, XII, XIII, XIV, and VI as necessary to meet emergency needs.
Section 14103 -
Prohibits any funds from being 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. Prohibits any such release for the purpose of detaining or prosecuting any such individual until 45 days after Congress receives from the President a plan regarding the proposed disposition. Requires the plan to include: (1) the risk to national security posed by the transfer; (2) costs associated with transferring an individual; (3) the legal rationale and associated court demands for transfer; (4) a plan to mitigate transfer risk; and (5) a copy of a notification to the governor of the state to which an individual will be transferred (or Mayor, with respect to the District of Columbia) with a certification by the Attorney General that the individual poses little or no security risk. Prohibits any funds from being used to transfer or release such an individual to the country of such individual's nationality or last residence, or to any country other than the United States, unless the President submits to Congress, at least 15 days prior to such release or transfer: (1) the name of the individual and the country involved; (2) an assessment of the risk to U.S. national security posed by the transfer or release, as well as actions taken to mitigate such risk; and (3) the terms of any agreement with another country for the acceptance of such individual, including any financial assistance related to the agreement. Directs the President, prior to termination of detention operations at Guantanamo Bay, to report to Congress describing the disposition or legal status of each individual detained there.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/111/1/hr2346.

Summary

H.R. 2346 provides a total of $96.717 billion in emergency supplemental funding for Fiscal Year 2009. The bill appropriates $81.3 billion for the ongoing war and intelligence operations in Iraq and Afghanistan and $15.4 billion for military construction, foreign assistance, flu pandemic preparedness, and a number of other spending items.

H.R. 2346 provides $11.817 billion (or 14 percent) more than the $84.9 billion requested by the President. The supplemental, as reported by the House, contains $5.8 billion (or 7 percent) more than the President's request for ongoing war operations. The bill also includes $6 billion (or 63 percent) more than the President's request for other spending.

H.R. 2346 Compared to the President's Request
(In Billions)

 RequestH.R. 2346

Spending Increase

% Increase
Ongoing War Operations75.581.35.87%
Military Construction, State Department, Flu Preparedness, and other funding9.415.41663%
Total 84.9 96.71 11.81 14%

 

Spending by Section
(In Millions)

Emergency War Spending

81,300
USDA Foreign Food Assistance500
Commerce and Justice17
Department of Energy55
National Security Counsel3
Department of Interior250
Health and Human Services1,850
Capitol Police72
Military Construction3,200
State Department9,470
Total96,717

 

Emergency Spending for Ongoing War Operations
(In Billions)

 

TITLE I—DEFENSE

H.R. 2346 provides $81.3 billion for ongoing military and war operations as follows below:

Military Personnel

  • $17.443 billion for Army, Navy, Marine and Air Force military personnel, including reserves. These funds pay for a myriad of military personnel expenses, including basic pay, housing, bonus pay for active duty, retention bonuses, and enlistment bonuses.

Ongoing Military Operations and Maintenance

  • $33.788 billion for the operations and maintenance of the Army, Navy, Marines, Air Force, and reserves. These funds pay for the ongoing war activities in Iraq and Afghanistan.

Procurement

  • $23.045 billion for procurement of weapons, vehicles, and other resources for the Army, Navy, Marines, Air Force, and the National Guard. The supplemental provides $3.9 billion more than the President’s request to replace equipment, including $3 billion for additional C-17s and C-130s.

Research, Development, Test, and Evaluation

  • $721 million for research, development, tests, and evaluation of new technology, including night vision, communications, and reconnaissance systems.

Defense Health Program

  • $1.097 billion for defense health programs including, traumatic brain injury research, psychological health research, orthopedic research, and rehabilitation equipment. This funding is approximately $300 million above the President’s request.

DOD Drug Interdiction

  • $137 million for defense drug interdiction and counter-drug activities in Afghanistan, Pakistan, and other nations in that region.

Joint Improvised Explosive Device Defeat

  • $1.316 billion for the Joint Improvised Explosive Device Defeat Fund (JIEDDO), which is $150 million below the President’s request.

Mine Resistant Ambush Protected Vehicle Fund

  • $4.843 billion for the Mine Resistant Ambush Protected (MRAP) Vehicle Fund to provide for armor protected lightweight vehicles suitable for the rough terrain in Afghanistan. This amount is $2.2 billion above the President’s request.

Stop Loss

  • $734 million to retroactively pay military services members whose enlistments were involuntarily extended since September 11, 2001. Services members would retroactively receive $500 for each month their enlistment was extended.

Rescissions

  • Rescinds $2.859 billion in unobligated balances from multiple Operations and Maintenance from Fiscal Year 2009 accounts for the Army, Navy, Marines, Air Force, and Reserves and National Guard. The majority of the rescissions come from unobligated fuel accounts.

Guantanamo Bay

  • The supplemental war appropriation does not include $80 million ($50 million for the Iraq Freedom Fund and $30 million for the Department of Justice) as requested by the President to implement his executive orders to shut down the Guantanamo Bay detention facility. However, the supplemental does require the President to submit a plan to Congress no later than October 1, 2009, regarding the proposed closing of the detention facility.
  • In addition, the rule for consideration of H.R. 2346 includes a self executing amendment regarding Guantanamo Bay detainees. The Amendment would state that none of the funds from this legislation may be used to release a Guantanamo Bay detainee into the U.S.
  • The amendment would also prohibit funds from this or any prior bill from being used to transfer a detainee in the U.S. until at least two months after the President releases a plan including an analysis of the national security risk of transferring the detainee, the cost of not transferring the detainee, the legal rational for the transfer, a certification by the President that the transfer risks have been mitigated, and a certification that the President has contacted the Governor of the state where the detainee would be transferred. None of the funds could be used to transfer a detainee to a foreign country until 30 days after the President submits the name of the detainee and the country where they will be released, an assessment of national security risk to the U.S., and the terms of any agreement with the country where the detainee will be transferred.

TITLE II-MILITARY CONSTRUCTION, FOREIGN OPERATIONS, AND OTHER MATTERS

H.R. 2346 provides $15.4 billion for military construction, foreign assistance, and flu pandemic preparedness, among other things, as follows below:

Department of Agriculture

  • $500 million for Foreign Agricultural Services to provide foreign humanitarian food assistance and direct food donations.

Department of Commerce and Justice

  • $17 million for DOJ to provide salaries and expenses to certain agencies involved in legal and security activities related to terrorism, and the wars in Iraq and Afghanistan. These agencies include the US Attorney Office, the National Security Division, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Federal Prison System.

Department of Energy

  • $55 million for the Department of Energy’s National Nuclear Security Administration to fund nuclear security activities and counter threats from Russia and other emerging countries of concern. The amount is $34 million below the President’s request.

National Security Council

  • $2.9 million for salaries and expenses of the National Security Council for additional staff and support, as requested by the President.

Department of Interior : Provides $250 million for wildfire activities, including:

  • $50 million for wildfire suppression and emergency rehabilitation activities through the US Fire Administration.
  • $200 million for wildfire suppression and emergency rehabilitation activities through the US Forest Service.

Health and Human Services

  • $1.85 billion for the Public Health and Social Services Emergency fund to prepare for an influenza pandemic, including tools to assist international efforts to respond to H1N1 influenza (swine flu). Of the funds made available, $350 million would be earmarked for state and local government preparation and $200 million would be set aside for international disease surveillance through the CDC. An additional $200 million is made available for pandemic preparedness through the State Department’s Global Health and Child Survival program.

Capitol Police

  • $71 million for the Legislative Branch to acquire a new, modernized digital radio system for the U.S. Capitol Police.

Military Construction :  Provides a total of $3.2 billion for military construction—$900 million above the President’s request—including the following:

  • $1.922 billion for Army, Navy, Marine, and Air Force military construction, including $596 million for child development centers and wounded warrior in transition facilities.
  • $1.086 billion for military hospital construction.
  • $263 million to supplement the costs of new hospital construction to replace Walter Reed Army Medical Center.

Department of State, Foreign Operations, and Related Programs : Provides $9.470 billion for the Department of State and Foreign operations—$3 billion above the President’s request—including the following:

  • $1.016 billion for diplomatic and consular programs to support operations and security in Afghanistan, Pakistan, and Iraq. Of the funds for this program, $448 million would be for operations in Afghanistan, $486 million for Iraq, and $45 million for Pakistan. $28 million would go to ongoing State Department global operations, including counter terrorism.
  • $17 million for the State Department’s Office of Inspector General, of which, $7.2 billion would be transferred to the Special Inspector General of Afghanistan.
  • $989 million for embassy security, construction, and maintenance.
  • $836 million for contributions to international peacekeeping organizations. The committee report accompanying the bill recommends that the State Department give priority to funding U.N. peacekeeping operations in the Central African Republic, Chad, and the Democratic Republic of Congo.
  • $152 million for operating expenses, of which $140 million would be provided to Afghanistan, $7 million for Pakistan, and $5 million for the West Bank and Gaza.
  • $300 million for the State Department’s Global Health and Child Survival program, including $200 million for pandemic preparedness.
  • $200 million for international disaster assistance.
  • $2.907 billion for the Economic Support Fund, including funding for Afghanistan, Pakistan, the West Bank and Gaza, Jordan, Iraq, Zimbabwe, Sudan, Somalia, and others.
  • $483 million for international narcotics control and law enforcement, which would be disbursed between Afghanistan, Pakistan, the West Bank and Gaza, Iraq, and Mexico.
  • $98 million for nonproliferation, anti-terrorism, demining, and related programs.
  • $343 million for Migration and Refugee Assistance to assist refugees in Iraq, Jordan, Syria, the West Bank and Gaza, Lebanon, Afghanistan, Pakistan, Africa, and Burma.
  • $80 million for ongoing peacekeeping operations.
  • $1.349 billion for the Foreign Military Financing Program, including $310 million for Mexico, $74 million for Lebanon, $150 million for Jordan, $260 million for Egypt, and $555 million for Israel. The program funds international grants for security assistance.
  • $400 million for the Pakistan Counterinsurgency Capability Fund (PCCF), which uses U.S. military funds to support equipment and training for the Pakistani military. Some Members have expressed concerns that this program should be funded and supervised under the auspices of the DOD, rather than the State Department.

Hamas

  • Prohibits assistance to Hamas or an entity controlled by Hamas, but allows assistance to a government that shares power with Hamas if the President approves.

Cost

According to CBO, H.R. 2346 would appropriate $96.717 billion in emergency funds for ongoing war operations and other spending in Fiscal Year 2009.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 40 Stat. 1275
  • 59 Stat. 12
  • 87 Stat. 798
  • 114 Stat. 583
  • 114 Stat. 2577
  • 117 Stat. 1392
  • 119 Stat. 1144
  • 121 Stat. 1041
  • 121 Stat. 1158
  • 122 Stat. 199
  • 122 Stat. 2410
  • 122 Stat. 2412
  • 122 Stat. 3646
  • 123 Stat. 619
  • 123 Stat. 655