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

111th Congress, 2009–2010. Text as of May 12, 2009 (Reported by House Committee).

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IB

Union Calendar No. 51

111th CONGRESS

1st Session

H. R. 2346

[Report No. 111–105]

IN THE HOUSE OF REPRESENTATIVES

May 12, 2009

Mr. Obey, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

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

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:

I

Defense Matters

Department of Defense

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for Military Personnel, Army, $10,924,641,000.

Military Personnel, Navy

For an additional amount for Military Personnel, Navy, $1,716,827,000.

Military Personnel, Marine Corps

For an additional amount for Military Personnel, Marine Corps, $1,577,850,000.

Military Personnel, Air Force

For an additional amount for Military Personnel, Air Force, $1,783,208,000.

Reserve Personnel, Army

For an additional amount for Reserve Personnel, Army, $381,155,000.

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, $16,943,000.

National Guard Personnel, Army

For an additional amount for National Guard Personnel, Army, $1,373,273,000.

National Guard Personnel, Air Force

For an additional amount for National Guard Personnel, Air Force, $101,360,000.

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For an additional amount for Operation and Maintenance, Army, $14,024,703,000.

Operation and Maintenance, Navy

(Including Transfer of Funds)

For an additional amount for Operation and Maintenance, Navy, $2,367,959,000: Provided, That up to $129,503,000 may be transferred to the Coast Guard Operating Expenses account.

Operation and Maintenance, Marine Corps

For an additional amount for Operation and Maintenance, Marine Corps, $1,084,081,000.

Operation and Maintenance, Air Force

For an additional amount for Operation and Maintenance, Air Force, $6,216,729,000.

Operation and Maintenance, Defense-Wide

(Including Transfer of Funds)

For an additional amount for Operation and Maintenance, Defense-Wide, $5,353,701,000, of which—

(1)

not to exceed $10,000,000 shall be available for the Combatant Commander Initiative Fund, to be used in support of Operation Iraqi Freedom and Operation Enduring Freedom;

(2)

not to exceed $810,000,000, to remain available until expended, shall be for payments to reimburse Pakistan, Jordan, and other key cooperating nations, for logistical, military, and other support including access provided, or to be 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, at the discretion of the Secretary of Defense, 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, 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 friendly foreign forces supporting United States military operations in Iraq and Afghanistan;

(3)

not to exceed $10,000,000 shall be available for emergencies and extraordinary expenses: Provided, That the Secretary of Defense shall certify that such payments are necessary for confidential military purposes; and

(4)

not to exceed $350,000,000, to remain available until September 30, 2010, shall be for counternarcotics and other activities including assistance to other Federal agencies, on the United States border with Mexico: Provided, That the Secretary of Defense may transfer these funds to appropriations for military personnel, operation and maintenance, and procurement to be available for the same purposes as the appropriation or fund to which transferred: Provided further, That the Secretary of Defense may transfer up to $100,000,000 of this amount to any other Federal appropriations accounts, with the concurrence of the head of the relevant Federal department or agency for border-related activities: Provided further, That the funds transferred shall be merged with and be available for the same purposes and the same time period, as the appropriation to which transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation, to be merged with and made available for the same purposes and for the time period provided under this heading.

Operation and Maintenance, Army Reserve

For an additional amount for Operation and Maintenance, Army Reserve, $101,317,000.

Operation and Maintenance, Navy Reserve

For an additional amount for Operation and Maintenance, Navy Reserve, $24,318,000.

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.

Iraq Freedom Fund

(Including Transfer of Funds)

For an additional amount for the Iraq Freedom Fund, $365,000,000, to remain available to the Secretary of Defense for transfer until September 30, 2010, of which—

(1)

not to exceed $350,000,000 shall be available for rapid response to unforeseen, immediate warfighter needs for Iraq, Afghanistan, and other geographic areas in which combat or direct combat support operations for Iraq and Afghanistan occur in order to minimize casualties and ensure mission success for Operation Iraqi Freedom and Operation Enduring Freedom: Provided, That these funds are available for transfer to any other appropriations accounts of the Department of Defense to accomplish the purposes provided herein: Provided further, That upon a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense; and

(2)

not to exceed $15,000,000 shall be available to the Secretary of Defense to transport the remains of servicemembers killed in combat operations: Provided, That these funds are available for transfer to any other appropriations accounts of the Department of Defense to accomplish the purposes provided herein: Provided further, That upon a determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense.

Afghanistan Security Forces Fund

(Including Transfer of Funds)

For an additional amount for the Afghanistan Security Forces Fund , $3,606,939,000, to remain available until September 30, 2010: Provided, That the Secretary of Defense shall, not fewer than 15 days prior to making any obligation or transfer from this appropriation account, notify the congressional defense committees in writing of the details of the proposed obligation or transfer.

Pakistan Counterinsurgency Fund

(Including Transfer of Funds)

For the Pakistan Counterinsurgency Fund, hereby established in the Treasury of the United States, $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, to provide assistance to the security forces of Pakistan (including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction) to improve the counterinsurgency capability of Pakistan's security forces, and, on an exceptional basis, irregular security forces: 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 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 the authority of the Secretary of Defense to obligate or transfer funds pursuant to this paragraph shall apply only to the funds appropriated for such purposes in this Act, and such authority shall not be continued beyond the expiration date specified in the matter preceding the first proviso: Provided further, That funds may not be obligated or transferred from the Pakistan Counterinsurgency Fund until 15 days after the date on which the Secretary of Defense notifies the Committees on Appropriations of the House of Representatives and the Senate, and the congressional defense and foreign affairs committees, in writing of the details of the proposed obligation or transfer.

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for Aircraft Procurement, Army, $1,285,304,000, to remain available until September 30, 2011.

Missile Procurement, Army

For an additional amount for Missile Procurement, Army, $677,141,000, 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, $2,233,871,000, 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, $8,039,349,000, to remain available until September 30, 2011.

Aircraft Procurement, Navy

For an additional amount for Aircraft Procurement, Navy, $691,924,000, to remain available until September 30, 2011.

Weapons Procurement, Navy

For an additional amount for Weapons Procurement, Navy, $31,698,000, 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, $172,095,000, to remain available until September 30, 2011.

Procurement, Marine Corps

For an additional amount for Procurement, Marine Corps, $1,509,986,000, to remain available until September 30, 2011.

Aircraft Procurement, Air Force

For an additional amount for Aircraft Procurement, Air Force, $5,138,268,000, to remain available until September 30, 2011.

Missile Procurement, Air Force

For an additional amount for Missile Procurement, Air Force, $57,416,000, to remain available until September 30, 2011.

Procurement of Ammunition, Air Force

For an additional amount for Procurement of Ammunition, Air Force, $183,684,000, to remain available until September 30, 2011.

Other Procurement, Air Force

For an additional amount for Other Procurement, Air Force, $1,745,761,000, to remain available until September 30, 2011.

Procurement, Defense-Wide

For an additional amount for Procurement, Defense-Wide, $200,068,000, to remain available until September 30, 2011.

National Guard and Reserve Equipment

For an additional amount for procurement of high priority items of equipment that may be used by reserve component units for both its combat mission and the units’ mission in support of the State governors, $500,000,000, to remain available for obligation until September 30, 2011: Provided, 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.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

For an additional amount for Research, Development, Test and Evaluation, Army, $73,734,000, to remain available until September 30, 2010.

Research, Development, Test and Evaluation, Navy

For an additional amount for Research, Development, Test and Evaluation, Navy, $96,231,000, 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, $92,574,000, 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, $459,391,000, to remain available until September 30, 2010.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for Defense Working Capital Funds, $846,726,000, to remain available until expended.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for Defense Health Program, $1,097,297,000, of which $845,508,000, to remain available until September 30, 2009, is for operation and maintenance; of which $50,185,000, to remain available until September 30, 2011, is for procurement; and of which $201,604,000, to remain available until September 30, 2010, is for research, development, test and evaluation.

Drug Interdiction and Counter-Drug Activities, Defense

(Including Transfer of Funds)

For an additional amount for Drug Interdiction and Counter-Drug Activities, Defense, $137,198,000, to remain available until expended.

Joint Improvised Explosive Device Defeat Fund

For an additional amount for Joint Improvised Explosive Device Defeat Fund, $1,316,746,000, to remain available until September 30, 2011.

Mine Resistant Ambush Protected Vehicle Fund

(Including Transfer of Funds)

For an additional amount for the Mine Resistant Ambush Protected Vehicle Fund, $4,843,000,000, 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 purposes provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That upon determination that all or part of the funds so transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the Secretary shall, not fewer than 15 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer.

Office of the Inspector General

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

GENERAL PROVISIONS, THIS TITLE

10001.

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)

10002.

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 $2,000,000,000 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.

10003.

Funds appropriated by this title, or made available by the transfer of funds in this title, 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)

10004.

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 up to $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.

10005.

Supervision and administration costs associated with a construction project funded with appropriations available for operation and maintenance, Afghanistan Security Forces Fund or Iraq Security Forces Fund provided in this title, and executed in direct support of the overseas contingency operations only 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)

10006.
(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)
(1)

Of the funds appropriated in chapter 2 of title IX of Public Law 110–252 under the heading, Afghanistan Security Forces Fund, $125,000,000 is rescinded.

(2)

For an additional amount for the Afghanistan Security Forces Fund, $125,000,000, to remain available until September 30, 2010.

10007.

Funds made available in this Act 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.

10008.
(a)

Beginning in fiscal year 2009, during any year in which funds are authorized to be appropriated to carry out the Commander’s Emergency Response Program, the Secretary of Defense may accept contributions of funds from any person, foreign government, or international organization to carry out the Commander’s Emergency Response Program in Iraq or Afghanistan.

(b)

Funds contributed pursuant to subsection (a) shall be credited to Operation and Maintenance, Army.

(c)

Funds contributed pursuant to subsection (a) shall become available during each year in which funds authorized to be appropriated have been appropriated.

10009.
(a)

Until September 30, 2009, the Secretary of Defense may enter into an agreement with the head of an executive department or agency that has established internship programs to reimburse that department or agency for the costs associated with the first year of employment of eligible military spouses into positions under the internship program.

(b)

The Secretary may provide such reimbursement to the department or agency, from funds otherwise made available for Operation and Maintenance, Defense-Wide, including the costs of the salary, benefits and allowances, and training of the military spouse for the first year of employment, for eligible military spouses beginning their internship by September 30, 2009.

(c)

In this section:

(1)

The term eligible military spouse means any person married to a member of the Armed Forces on active duty at the time of appointment, other than a person who—

(A)

is legally separated from a member of the Armed Forces under court order or statute of any State or possession of the United States;

(B)

is also a member of the Armed Forces on active duty; or

(C)

is a retired member of the Armed Forces.

(2)

The term internship means a professional, analytical, or administrative position in the Federal Government that operates under a developmental program leading to career advancement.

(Including Transfer of Funds)

10010.

Notwithstanding any other provision of law, of the funds appropriated in this title for Operation and Maintenance, Defense-Wide, the Secretary of Defense may transfer up to $30,000,000 to the Department of State Assistance for Europe, Eurasia and Central Asia account, with the concurrence of the Secretary of State, to provide a long-range air traffic control and safety system to support air operations in the Kyrgyz Republic, including Manas International Airport and Air Base: Provided, That funds transferred under this section shall remain available until expended.

10011.

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)

10012.
(a)

Of the funds appropriated in the Department of Defense Appropriations Act, 2009 (division C of Public Law 110–329), the following amounts are rescinded from the following accounts in the amounts specified: Operation and Maintenance, Army, $352,359,000; Operation and Maintenance, Navy, $881,481,000; Operation and Maintenance, Marine Corps, $54,466,000; Operation and Maintenance, Air Force, $925,203,000; Operation and Maintenance, Defense-Wide, $81,135,000; Operation and Maintenance, Army Reserve, $23,338,000; Operation and Maintenance, Navy Reserve, $62,910,000; Operation and Maintenance, Marine Corps Reserve, $1,250,000; Operation and Maintenance, Air Force Reserve, $163,786,000; Operation and Maintenance, Army National Guard, $57,819,000; Operation and Maintenance, Air National Guard, $250,645,000; Research, Development, Test and Evaluation, Navy, $30,510,000; and Research, Development, Test and Evaluation, Air Force, $15,098,000.

(b)
(1)

Of the funds appropriated in the Department of Defense Appropriations Act, 2008 (division A of Public Law 110–116) under the heading Research, Development, Test and Evaluation, Navy, $5,000,000 is rescinded.

(2)

Of the funds appropriated in the Department of Defense Appropriations Act, 2009 (division C of Public Law 110–329) under the heading Operation and Maintenance, Defense-Wide, $5,000,000 is rescinded.

(c)

Of the funds appropriated in the Department of Defense Appropriations Act, 2009 (division C of Public Law 110–329) under the heading Research, Development, Test and Evaluation, Air Force, $100,000,000 is rescinded.

(Including Transfer of Funds)

10013.

Upon enactment of this Act, the Secretary of Defense shall make the following transfers of funds: Provided, That the amounts transferred shall be made available for the same purpose as the appropriations to which transferred, and for the same time period as the appropriation from which transferred: Provided further, That the funds shall be transferred between the following appropriations in the amounts specified:

  • To:
  • Military Personnel, Army, 2009, $100,600,000; “Reserve Personnel, Army, 2009”, $41,000,000; and National Guard Personnel, Army, 2009, $9,000,000.
  • From:
  • Funds appropriated in the Department of Defense Appropriations Act, 2009 (division C of Public Law 110–329) under the heading “Aircraft Procurement, Army, 2009/2011”, $22,600,000; and under the heading “Procurement of Ammunition, Army, 2009/2011”, $107,100,000.
  • From:
  • Funds appropriated in the Department of Defense Appropriations Act, 2008 (division A of Public Law 110–116) under the heading “Other Procurement, Army, 2008/2010”, $20,900,000.

(rescissions)

10014.

Of the funds appropriated in the Department of Defense Appropriations Act, 2009 (division C of Public Law 110–329), under the heading Operation and Maintenance, Defense-Wide, $181,500,000 is rescinded.

(Including Transfer of Funds)

10015.
(a)

Retroactive payment of stop-loss special pay

In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $734,400,000 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 the payment specified in subsection (b) to members of the Armed Forces, including members of the reserve components, and former and retired members under the jurisdiction of the Secretary who, at any time during the period beginning on September 11, 2001, and ending on September 30, 2009, served on active duty while the members’ enlistment or period of obligated service was extended, or whose eligibility for retirement was suspended, pursuant to section 123 or 12305 of title 10, United States Code, or any other provision of law (commonly referred to as a stop-loss authority) authorizing the President to extend an enlistment or period of obligated service, or suspend an eligibility for retirement, of a member of the uniformed services in time of war or of national emergency declared by Congress or the President.

(b)

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.

(c)

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 to the designated representative or estate of the member.

(d)

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.

(e)

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.

10016.
(a)

Section 132 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1392) is repealed.

(b)

Notwithstanding any other provision of law, the Secretary of the Air Force may retire C–5A aircraft from the inventory of the Air Force 15 days after certifying to the congressional defense committees that retiring the aircraft will not significantly increase operational risk of not meeting the National Defense Strategy, provided that such retirements may not reduce total strategic airlift force structure inventory below the 292 strategic airlift aircraft level identified in the Mobility Capability Study 2005 (MCS–05) unless otherwise addressed in the fiscal year 2010 National Defense Authorization Act.

10017.

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).

10018.

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.

10019.

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.

10020.

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.

10021.
(a)

Report on Iraq Troop Drawdown Status, Goals, and Timetable

In recognition and support of the policy of President Barack Obama to withdraw all United States combat brigades from Iraq by August 31, 2010, and all United States military forces from Iraq on December 31, 2011, Congress directs the Secretary of Defense (in consultation with other members of the National Security Council) to prepare a report that identifies troop drawdown status and goals and includes—

(1)

a detailed, month-by-month description of the transition of United States military forces and equipment out of Iraq; and

(2)

a detailed, month-by-month description of the transition of United States contractors out of Iraq.

(b)

Elements of Report

At a minimum, the Secretary of Defense shall address the following:

(1)

How the Government of Iraq is assuming the responsibility for reconciliation initiatives as the mission of the United States Armed Forces transitions.

(2)

How the drawdown of military forces complies with the President's planned withdrawal of combat brigades by August 31, 2010, and all United States forces by December 31, 2011.

(3)

The roles and responsibilities of remaining contractors in Iraq as the United States mission evolves, including the anticipated number of United States contractors to remain in Iraq after August 31, 2010, and December 31, 2011.

(c)

Submission

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.

II

Military Construction, Foreign Operations, and Other Matters

1

Agriculture

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service

Public Law 480 Title II Grants

For an additional amount for Public Law 480 Title II Grants, $500,000,000, to remain available until expended.

GENERAL PROVISIONS, THIS CHAPTER

20101.

Amounts appropriated by section 101(a) of title I of division B of Public Law 109–148 (119 Stat. 2747) and unobligated as of the date of the enactment of this Act shall be available to the Secretary of Agriculture, until expended, to provide assistance under the emergency conservation program established under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) for expenses related to recovery efforts in response to natural disasters.

20102.
(a)
(1)

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.

(2)

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.

(b)

Of the unobligated balances available and provided in prior year appropriations acts for discretionary programs in the Rural Development mission area, $71,270,000 is hereby rescinded.

2

Commerce and Justice

DEPARTMENT OF JUSTICE

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, $5,000,000, 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.

Bureau of Alcohol, Tobacco, Firearms, and Explosives

Salaries and Expenses

For an additional amount for Salaries and Expenses, $4,000,000, 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 CHAPTER

(Including Rescission)

20201.
(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.

3

Energy

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

Defense Nuclear Nonproliferation

For an additional amount for Defense Nuclear Nonproliferation, $55,000,000, to remain available until expended.

4

General Government

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.

5

Homeland Security

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Firefighter Assistance Grants

For grants awarded under section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a) in fiscal years 2009 and 2010, the Administrator of the United States Fire Administration may waive the requirements of subsection (a)(1)(B) and subsection (c) of such section and may award grants for the hiring, rehiring, or retention of firefighters.

GENERAL PROVISIONS, THIS CHAPTER

20501.

Notwithstanding sections 12112, 55102, and 55103 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating shall issue a certificate of documentation with appropriate endorsement for engaging in the coastwise trade for the drydock ALABAMA (United States official number 641504).

20502.

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.

6

Interior and Environment

DEPARTMENT OF THE INTERIOR

Department-Wide Programs

Wildland Fire Management

(Including Transfer of Funds)

For an additional amount to cover necessary expenses for wildfire suppression and emergency rehabilitation activities of the Department of the Interior, $50,000,000, to remain available until expended: Provided, That such funds shall only become available if funds provided previously for wildland fire suppression will be exhausted imminently and after the Secretary of the Interior notifies the Committees on Appropriations of the House of Representatives and the Senate in writing of the need for these additional funds: Provided further, That the Secretary of the Interior may transfer any of these funds to the Secretary of Agriculture if the transfer enhances the efficiency or effectiveness of Federal wildland fire suppression activities.

Department of Agriculture

Forest Service

Wildland Fire Management

(Including Transfer of Funds)

For an additional amount to cover necessary expenses for wildfire suppression and emergency rehabilitation activities of the Forest Service, $200,000,000, to remain available until expended: Provided, That such funds shall only become available if funds provided previously for wildland fire suppression will be exhausted imminently and after the Secretary of Agriculture notifies the Committees on Appropriations of the House of Representatives and the Senate in writing of the need for these additional funds: Provided further, That the Secretary of Agriculture may transfer not more than $50,000,000 of these funds to the Secretary of the Interior if the transfer enhances the efficiency or effectiveness of Federal wildland fire suppression activities.

7

Health and Human Services

department of health and human services

Office of the Secretary

public health and social services emergency fund

(including transfer of funds)

For an additional amount for Public Health and Social Services Emergency Fund to prepare for and respond to an influenza pandemic, including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools and to assist international efforts and respond to international needs relating to the 2009–H1N1 influenza outbreak, $1,850,000,000, to remain available until expended: Provided, That no less than $350,000,000 shall be for upgrading State and local capacity: Provided further, That no less than $200,000,000 shall be transferred to the Centers for Disease Control and Prevention to carry out global and domestic disease surveillance, laboratory capacity and research, laboratory diagnostics, risk communication, rapid response, and quarantine: Provided further, That products purchased with these funds may, at the discretion of the Secretary of Health and Human Services (Secretary), be deposited in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act: Provided further, That notwithstanding section 496(b) of the Public Health Service Act, funds may be used for the construction or renovation of privately owned facilities for the production of pandemic influenza vaccine and other biologics, where the Secretary finds such a contract necessary to secure sufficient supplies of such vaccines or biologics: Provided further, That funds appropriated under this heading and not specifically designated under this heading 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 under this heading 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 prior to transferring any funds under this heading, 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 under this heading is in addition to any other transfer authority available in this or any other Act.

general provision, this chapter

20701.

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.

8

Legislative Branch

Capitol Police

General Expenses

For an additional amount for General Expenses, $71,606,000, to purchase and install a new radio system for the Capitol Police to remain available until September 30, 2012: Provided, That $6,500,000 of these funds shall be designated as contingency and shall only be available for obligation upon approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided further, 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 House of Representatives and the Senate.

9

Military Construction

DEPARTMENT OF DEFENSE

Military Construction, Army

(including rescission)

For an additional amount for Military Construction, Army, $1,407,231,000, of which $810,850,000 shall remain available until September 30, 2010, and of which $596,381,000 for child development centers, warrior in transition facilities, 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 of the funds appropriated for Military Construction, Army under Public Law 110–252, $142,500,000 is 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

(including rescission)

For an additional amount for Military Construction, Air Force, $279,120,000, of which $255,650,000 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 of the funds appropriated for “Military Construction, Air Force” under Public Law 110–252, $30,000,000 is rescinded.

Military Construction, Defense-Wide

For an additional amount for Military Construction, Defense-Wide, $1,086,968,000, 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, $30,000,000 shall be for the planning and design of a National Security Agency data center and $1,056,968,000 shall be for the construction of hospitals: Provided further, That not later than 30 days after the enactment of this Act, the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for the funds provided for hospital construction under this heading.

North Atlantic Treaty Organization

Security Investment Program

For an additional amount for North Atlantic Treaty Organization Security Investment Program, $100,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law.

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 planning and design and military construction projects not otherwise authorized by law.

10

state, foreign operations, and related programs

department of state

administration of foreign affairs

diplomatic and consular programs

(including transfer of funds)

For an additional amount for Diplomatic and Consular Programs, $1,016,215,000, to remain available until September 30, 2010, of which $403,983,000 is for worldwide security protection and shall remain available until expended: Provided, That the Secretary of State may transfer up to $157,600,000 of the total funds made available under this heading to any other appropriation of any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961: Provided further, That up to $10,900,000 of the funds made available under this heading for public diplomacy activities should be transferred to, and merged with, funds made available for 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, $17,123,000, to remain available until September 30, 2010, of which $7,201,000 shall be transferred to the Special Inspector General for Afghanistan Reconstruction for reconstruction oversight: Provided, That the Special Inspector General for Afghanistan Reconstruction may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of such section) for funds made available for fiscal years 2009 and 2010: Provided further, That the Inspector General of the United States Department of State and the Broadcasting Board of Governors, the Special Inspector General for Iraq Reconstruction, the Special Inspector General for Afghanistan Reconstruction, and the Inspector General of the United States Agency for International Development shall coordinate and integrate the programming of funds made available under this heading in fiscal year 2009 for oversight of programs in Afghanistan, Pakistan and Iraq: Provided further, That the Secretary of State shall submit to the Committees on Appropriations of the House of Representatives and the Senate, 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, $989,628,000, to remain available until expended, for worldwide security upgrades, acquisition, and construction as authorized: Provided, That funds made available under this heading in this chapter shall be for providing secure diplomatic facilities and housing for United States Mission staff in Afghanistan and Pakistan, and for the deployment of mobile mail screening units.

international organizations

contributions for international peacekeeping activities

For an additional amount for Contributions for International Peacekeeping Activities, $836,900,000, 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, $152,600,000, to remain available until September 30, 2010.

capital investment fund

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

office of inspector general

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

bilateral economic assistance

funds appropriated to the president

global health and child survival

For an additional amount for Global Health and Child Survival, $300,000,000, to remain available until September 30, 2010: Provided, That $200,000,000 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 the amounts made available under this heading in this chapter are in addition to amounts made available for such purpose in the Department of State, Foreign Operations and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8): 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 of the House of Representatives and the Senate that the human-to-human transmission of the H1N1 virus is efficient and sustained, 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 of the House of Representatives and the Senate.

international disaster assistance

For an additional amount for International Disaster Assistance, $200,000,000, to remain available until expended.

economic support fund

(including transfer of funds)

For an additional amount for Economic Support Fund, $2,907,500,000, to remain available until September 30, 2010, of which up to $529,500,000 is for assistance for Pakistan: Provided, That of the funds made available under this heading, not less than $70,000,000 shall be made available for the National Solidarity Program in Afghanistan: Provided further, That of the funds made available under this heading, not more than $556,000,000 may be made available for assistance for the West Bank and Gaza, of which not to exceed $5,000,000 may be used for administrative expenses of the United States Agency for International Development, in addition to funds otherwise available for such purposes, to carry out programs in the West Bank and Gaza, and of which $2,000,000 shall be transferred, 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 up to $10,000,000 of the funds made available under this heading may be made available for disaster assistance in Burma only for humanitarian assistance to Burmese affected by Cyclone Nargis, notwithstanding any other provision of law: Provided further, That of the funds made available under this heading, up to $300,000,000 may be made available for assistance for developing countries impacted by the global financial crisis, including Haiti, Liberia, and Indonesia.

assistance for europe, eurasia and central asia

For an additional amount for Assistance for Europe, Eurasia and Central Asia, $242,500,000, to remain available until September 30, 2010, shall be available for assistance for Georgia: Provided, That funds appropriated under this heading shall be subject to prior consultations with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate.

department of state

international narcotics control and law enforcement

For an additional amount for International Narcotics Control and Law Enforcement, $483,500,000, 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, and shall be immediately available notwithstanding section 7045(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8): Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate, 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 of the funds appropriated under this heading, not more than $106,000,000 shall be made available for security assistance for the West Bank: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Committees on Appropriations of the House of Representatives and the Senate, in classified form if necessary, on the use of assistance provided by the United States for the training of Palestinian security forces, including detailed descriptions of the training, curriculum, and equipment provided; and an assessment of the training and the performance of forces after training has been completed.

nonproliferation, anti-terrorism, demining and related programs

For an additional amount for Nonproliferation, Anti-Terrorism, Demining and Related Programs, $98,500,000, to remain available until September 30, 2010, of which up to $73,500,000 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 of the House of Representatives and the Senate.

migration and refugee assistance

For an additional amount for Migration and Refugee Assistance, $343,000,000, to remain available until expended.

international security assistance

funds appropriated to the president

peacekeeping operations

For an additional amount for Peacekeeping Operations, $80,000,000, to remain available until September 30, 2010.

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.

foreign military financing program

For an additional amount for Foreign Military Financing Program, $1,349,000,000, to remain available until September 30, 2010: Provided, That not less than $310,000,000 shall be made available for assistance for Mexico and shall be immediately available notwithstanding section 7045(e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8): Provided further, That funds made available pursuant to the previous proviso shall be available notwithstanding section 36(b) of the Arms Export Control Act: Provided further, That of the funds appropriated under this heading not less than $150,000,000 shall be available 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 within 30 days of the enactment of this Act: 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 within 30 days of enactment of this Act: Provided further, That up to $74,000,000 may be available for Lebanon only after the Secretary of State submits to the Committees on Appropriations of the House of Representatives and the Senate a report on procedures established to determine eligibility of members and units of the security forces of Lebanon to participate in United States training and assistance programs and on the end use monitoring of all equipment provided under such programs to the Lebanese security forces: Provided further, That prior to the initial obligation of funds the Secretary of State shall certify to the Committees on Appropriations of the House of Representatives and the Senate that all practicable efforts have been made to ensure that such assistance is not provided to or through any individual, or private or government entity, that advocates, plans, sponsors, engages in, or has engaged in, terrorist activity.

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, $400,000,000, which shall become available on September 30, 2009, and remain available until September 30, 2010: 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, and, on an exceptional basis, irregular security forces, to include program management and the provision of equipment, supplies, services, training, and facility and infrastructure repair, renovation, and construction: Provided further, That these 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 of the House of Representatives and the Senate, 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 of the House of Representatives and the Senate a report summarizing, on a project-by-project basis, the transfer of funds from this appropriation: Provided further, That upon determination by the Secretary of Defense or head of other Federal department or agency, with the concurrence of the Secretary of State, that all or part of the funds so transferred from this appropriation are not necessary for the purposes herein, such amounts may be transferred by the head of the relevant Federal department or agency back to this appropriation and shall be available for the same purposes and for the same time period as originally appropriated: Provided further, That any required notification or report may be submitted in classified or unclassified form.

general provisions, this chapter

extension of authorities

21001.

Funds provided by this chapter 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)).

allocations

21002.
(a)

Funds provided in this chapter for the following accounts shall be made available for programs and countries in the amounts contained in the respective tables included in the report accompanying this Act:

(1)

Diplomatic and Consular Programs.

(2)

Embassy Security, Construction, and Maintenance.

(3)

Economic Support Fund.

(b)

For the purposes of implementing this section, and only with respect to the tables included in the report accompanying this Act, the Secretary of State and the Administrator of the United States Agency for International Development, as appropriate, may propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate and section 634A of the Foreign Assistance Act of 1961.

spending plan and notification procedures

21003.
(a)

Spending Plan

Not later than 45 days after the date of 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 of the House of Representatives and the Senate a report detailing planned expenditures for funds appropriated in this chapter, except for funds appropriated under the headings International Disaster Assistance and Migration and Refugee Assistance.

(b)

Notification

Funds made available in this chapter shall be subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate and section 634A of the Foreign Assistance Act of 1961.

unrwa accountability

(including transfer of funds)

21004.
(a)

Limitation

Of the funds made available in this chapter under the heading Migration and Refugee Assistance, not more than $119,000,000 may be made available to the United Nations Relief and Works Agency (UNRWA) for activities in the West Bank and Gaza.

(b)

Accountability Report

The Secretary of State shall prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act a report on whether UNRWA is—

(1)

continuing to utilize Operations Support Officers in the West Bank and Gaza to inspect UNRWA installations and report any inappropriate use;

(2)

acting swiftly in dealing with staff or beneficiary violations of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under Section 301(c) of the Foreign Assistance Act of 1961;

(3)

taking necessary and appropriate measures to ensure it is operating in full compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961;

(4)

continuing to report every six months to the Department of State on actions it has taken to ensure conformance with the conditions of section 301(c) of the Foreign Assistance Act of 1961;

(5)

taking steps to improve the transparency of all educational materials and supplemental educational materials currently in use in UNRWA-administered schools;

(6)

continuing to use supplemental curriculum materials in UNRWA-supported schools and summer camps designed to promote tolerance, non-violent conflict resolution and human rights;

(7)

not engaging in operations with financial institutions, or entities of any kind, in violation of relevant United States law and is enhancing its transparency and financial due diligence and diversifying its banking operations in the region; and

(8)

in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a timely fashion the Board of Auditors’ recommendations.

(c)

Oversight

Of the funds made available in this chapter 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.

women and girls in afghanistan

21005.
(a)

Funds made available in this chapter for assistance for Afghanistan shall comply with sections 7062 (Women in Development) and 7063 (Gender-Based Violence) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8) and should be made available to support programs that increase participation by women in the political process, including at the national, regional and local levels: Provided, That such programs should ensure participation in efforts to improve security and political stability in Afghanistan.

(b)

Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate on the steps taken to respond to the special security and development needs of women in Afghanistan.

somalia

21006.
(a)

Economic Assistance

Of the funds made available in this chapter under the heading “Economic Support Fund”, $10,000,000 shall be available for assistance for Somalia.

(b)

Security Assistance

Of the funds made available in this chapter under the heading “Peacekeeping Operations” for assistance for Somalia, $70,000,000 is available for equipment, logistical support and facilities for the expanded African Union Mission to Somalia (AMISOM) and for security sector reform.

(c)

Report

Not later than 45 days after the date of enactment of this Act, the Secretary of State, in consultation with relevant Federal departments or agencies, shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate on the feasibility of creating an indigenous maritime capability to combat piracy off the coast of the Horn of Africa.

(d)

Notification Requirement

Funds made available in this chapter for assistance for Somalia shall be subject to the regular notification procedures of the Committees on Appropriations of the House of Representatives and the Senate.

assistance for developing countries impacted by the global financial crisis

(including transfer of funds)

21007.
(a)

Availability of Funds

Funds made available in this chapter for assistance for developing countries impacted by the global financial crisis should only be made available to countries that—

(1)

have a 2007 per capita Gross National Income of $3,705 or less;

(2)

have seen a contraction in predicted growth rates of 2 percent or more since 2007; and

(3)

demonstrate consistent improvement on the democracy and governance indicators as measured by the Millennium Challenge Corporation 2009 Country Scorebook.

(b)

Transfer Authorities

Of the funds made available in this chapter 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 the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of 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 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 the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8).

(c)

Report

The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit a spending plan not later than 45 days after the date of enactment of this Act to the Committees on Appropriations of the House of Representatives and Senate, 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, For each project, the report shall include

(1)

the projected economic impact of providing such funds;

(2)

the name of the entity or implementing organization to which funds are being provided; and

(3)

if funds will be provided as a direct cash transfer to a local or national government entity: Provided further, That funds transferred to the Development Credit Authority and the Overseas Private Investment Corporation are subject to the reporting requirements in section 21003.

evaluating afghan and pakistani conduct and commitment

21008.
(a)

Findings Regarding Progress in Afghanistan and Pakistan

Congress makes the following findings:

(1)

Over 40,000 American military personnel are currently serving in Afghanistan, with the bravery and professionalism consistent with the finest traditions of the United States Armed Forces, and are deserving of the strong support of all Americans.

(2)

Many American service personnel have lost their lives, and many more have been wounded in Afghanistan. The American people will always honor their sacrifice and honor their families.

(3)

Afghanistan and Pakistan are experiencing a deterioration of their internal security resulting from a growing insurgency fueled by Al Qaeda, the Taliban and other extremist networks that continue to operate along the western border of Pakistan, including in the Federally Administered Tribal Areas (FATA), as well as in areas under central government authority such as Quetta in Baluchistan and Muridke in Punjab.

(4)

The United States and the international community have welcomed and supported Pakistan’s return to civilian rule after almost nine years with the free and fair elections of February 18, 2008, and have supported the development of a democratic government in Afghanistan.

(5)

Since 2001, the United States has contributed more than $33,000,000,000 to Afghanistan and $12,000,000,000 to Pakistan to strengthen each country’s governance, economy, education system, healthcare services, and military.

(6)

The governments of Afghanistan and Pakistan must expand the writ of the national government across all provinces to secure their borders, protect their population, enforce the rule of law, and tackle the pervasive problem of corruption in order to bring security and stability to their people.

(b)

Report

Because the stability and security of the region is tied more to the capacity and conduct of the Afghan and Pakistani governments and to the resolve of both societies than it is to the policies of the United States, the President shall submit a report to the Congress, not later than the date of submission of the fiscal year 2011 budget request, assessing whether the Governments of Afghanistan and Pakistan are, or are not, demonstrating the necessary commitment, capability, conduct and unity of purpose to warrant the continuation of the President’s policy announced on March 27, 2009. The President, on the basis of information gathered and coordinated by the National Security Council, shall advise the Congress on how that assessment requires, or does not require, changes to that policy. The measures used to evaluate the Afghan and Pakistani governments’ record of concrete performance shall include the following standards of performance:

(1)

Level of political consensus and unity of purpose across ethnic, tribal, religious and party affiliations to confront the political and security challenges facing the region.

(2)

Level of government corruption and actions taken to eliminate it.

(3)

Performance of the respective security forces in developing a counterinsurgency capability, conducting counterinsurgency operations and establishing population security.

(4)

Performance of the respective intelligence agencies in cooperating with the United States on counterinsurgency and counterterrorism operations and in purging themselves of policies, programs and personnel that provide material support to extremist networks that target United States troops or undermine United States objectives in the region.

(5)

Ability of the Afghan and Pakistani governments to effectively control the territory within their respective borders.

prohibition on assistance to hamas

21009.
(a)

None of the funds made available in this chapter 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 if the President certifies in writing and reports to the Committees on Appropriations of the House of Representatives and the Senate that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in subparagraphs (A) and (B) of section 620K(b)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2378b(b)(1)).

(c)

The President may exercise the authority in section 620K(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2378b(e)) with respect to the limitations of this section.

(d)

Report

Whenever the certification pursuant to subsection (b) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate 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 publically accept and comply with the principles contained in section 620K(b)(l) (A) and (B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2378b(b)(l)). 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

21010.

Unless otherwise provided for in this Act, funds appropriated or otherwise made available in this chapter 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 chapter.

III

General Provisions, This Act

30001.
(a)

Not later than October 1, 2009, the President shall submit to the Congress, in writing, a comprehensive plan regarding the proposed disposition of the detention center at Naval Station, Guantanamo Bay, Cuba, to include—

(1)

a proposed disposition of individuals detained as of April 30, 2009;

(2)

a determination that such disposition does not pose a risk that cannot be mitigated if such individual is prosecuted, transferred or released, including a plan for such mitigation; and

(3)

a detailed analysis of the total estimated direct costs of closing the detention facility at Naval Station, Guantanamo Bay, Cuba, and any related costs, including the estimated costs of detention, prosecution, security, and incarceration in the United States of the individuals detained at such facility.

(b)

The plan required under subsection (a) shall be submitted in unclassified form, but shall include a classified annex, if necessary.

availability of funds

30002.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Overseas deployments and emergency designations

30003.
(a)

Overseas deployments designations

Except as provided in subsection (b), each amount in this Act is designated as being for overseas deployments and other activities pursuant to paragraphs (1) and (2) of section 423(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

(b)

Emergency designations

Each amount in chapters 6, 7, and 8 of title II is designated as necessary to meet emergency needs pursuant to section 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

short title

30004.

This Act may be cited as the Supplemental Appropriations Act, 2009.

May 12, 2009

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed