Text: H.R.2346 — 111th Congress (2009-2010)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 111-32 (06/24/2009)

 
[111th Congress Public Law 32]
[From the U.S. Government Printing Office]



[[Page 123 STAT. 1859]]

Public Law 111-32
111th Congress

                                 An Act


 
Making supplemental appropriations for the fiscal year ending September 
    30, 2009, and for other purposes. <<NOTE: June 24, 2009 -  [H.R. 
                                2346]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Supplemental 
Appropriations Act, 2009.>>  That the following sums are appropriated, 
out of any money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2009, and for other purposes, namely:

                                 TITLE I

                        DEPARTMENT OF AGRICULTURE

                      Foreign Agricultural Service

                     public law 480 title ii grants

    For an additional amount for ``Public Law 480 Title II Grants'', 
$700,000,000, to remain available until expended.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 101.  Notwithstanding any other provision of law, amounts made 
available to provide assistance under the emergency conservation program 
established under title IV of the Agricultural Credit Act of 1978 (16 
U.S.C. 2201 and 2202) and unobligated as of the date of the enactment of 
this Act shall be available to the Secretary of Agriculture, until 
expended, for expenses under that program related to recovery efforts in 
response to natural disasters.
    Sec. 102. (a) For an additional amount for gross obligations for the 
principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 
et seq.) and operating (7 U.S.C. 1941 et seq.) loans, to be available 
from funds in the Agricultural Credit Insurance Fund, as follows: direct 
farm ownership loans, $360,000,000; direct operating loans, 
$400,000,000; and unsubsidized guaranteed operating loans, $50,201,000.
    (b) For an additional amount for the cost of direct and guaranteed 
loans, including the cost of modifying loans as defined in section 502 
of the Congressional Budget Act of 1974, as follows: direct farm 
ownership loans, $22,860,000; direct operating loans, $47,160,000; and 
unsubsidized guaranteed operating loans, $1,250,000.

[[Page 123 STAT. 1860]]

                                TITLE II

                         DEPARTMENT OF COMMERCE

                   Economic Development Administration

                economic development assistance programs

    For an additional amount for ``Economic Development Assistance 
Programs'', $40,000,000, to remain available until September 30, 2010: 
Provided, That the amount provided under this heading shall be for Trade 
Adjustment Assistance for Communities under subchapter A, chapter 4, 
title II of the Trade Act of 1974 (19 U.S.C. 2371 et seq.) and Trade 
Adjustment Assistance for Firms under chapter 3, title II of the Trade 
Act of 1974 (19 U.S.C. 2341 et seq.).

                          DEPARTMENT OF JUSTICE

                            Detention Trustee

    For an additional amount for ``Detention Trustee'', $60,000,000, to 
remain available until September 30, 2010.

                            Legal Activities

             salaries and expenses, general legal activities

    For an additional amount for ``Salaries and Expenses'', $1,648,000, 
to remain available until September 30, 2010.

             salaries and expenses, united states attorneys

    For an additional amount for ``Salaries and Expenses'', $15,000,000, 
to remain available until September 30, 2010.

                     United States Marshals Service

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $10,000,000, 
to remain available until September 30, 2010.

                       National Security Division

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $1,389,000, 
to remain available until September 30, 2010.

                     Federal Bureau of Investigation

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $35,000,000, 
to remain available until September 30, 2010.

[[Page 123 STAT. 1861]]

                     Drug Enforcement Administration

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $20,000,000, 
to remain available until September 30, 2010.

           Bureau of Alcohol, Tobacco, Firearms and Explosives

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $14,000,000, 
to remain available until September 30, 2010.

                          Federal Prison System

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,038,000, 
to remain available until September 30, 2010.

                      GENERAL PROVISION--THIS TITLE

                         (including rescission)

    Sec. 201. (a) Of the funds appropriated in chapter 2 of title I of 
Public Law 110-252 under the heading ``Office of Inspector General'', 
$3,000,000 is rescinded.
    (b) For an additional amount for ``Office of Inspector General'', 
$3,000,000, to remain available until September 30, 2010.

                                TITLE III

                          DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$11,750,687,000.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$1,627,288,000.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$1,524,947,000.

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$1,500,740,000.

[[Page 123 STAT. 1862]]

                         Reserve Personnel, Army

    For an additional amount for ``Reserve Personnel, Army'', 
$418,155,000.

                         Reserve Personnel, Navy

    For an additional amount for ``Reserve Personnel, Navy'', 
$39,478,000.

                     Reserve Personnel, Marine Corps

    For an additional amount for ``Reserve Personnel, Marine Corps'', 
$29,179,000.

                      Reserve Personnel, Air Force

    For an additional amount for ``Reserve Personnel, Air Force'', 
$14,943,000.

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$1,775,733,000.

                   National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $45,000,000.

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$13,769,418,000.

                     Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$2,274,903,000.

                 Operation and Maintenance, Marine Corps

    For an additional amount for ``Operation and Maintenance, Marine 
Corps'', $1,034,366,000.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $5,980,386,000.

                 Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $5,101,696,000, of which:
            (1) not to exceed $12,500,000 for the Combatant Commander 
        Initiative Fund, to be used in support of Operation Iraqi 
        Freedom and Operation Enduring Freedom; and

[[Page 123 STAT. 1863]]

            (2) not to exceed $1,000,000,000, to remain available until 
        expended, for payments to reimburse key cooperating nations, for 
        logistical, military, and other support including access 
        provided to United States military operations in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom, 
        notwithstanding any other provision of law: Provided, 
        That <<NOTE: Deadline. Notification.>>  such reimbursement 
        payments may be made in such amounts as the Secretary of 
        Defense, with the concurrence of the Secretary of State, and in 
        consultation with the Director of the Office of Management and 
        Budget, may determine, in his discretion, based on documentation 
        determined by the Secretary of Defense to adequately account for 
        the support provided, and such determination is final and 
        conclusive upon the accounting officers of the United States, 
        and 15 days following notification to the appropriate 
        congressional committees: Provided further, That these funds may 
        be used for the purpose of providing specialized training and 
        procuring supplies and specialized equipment and providing such 
        supplies and loaning such equipment on a non-reimbursable basis 
        to coalition forces supporting United States military operations 
        in Iraq and Afghanistan: Provided further, 
        That <<NOTE: Deadline. Reports.>>  the Secretary of Defense 
        shall provide quarterly reports to the congressional defense 
        committees on the use of funds provided in this paragraph.

                 Operation and Maintenance, Army Reserve

    For an additional amount for ``Operation and Maintenance, Army 
Reserve'', $110,017,000.

                 Operation and Maintenance, Navy Reserve

    For an additional amount for ``Operation and Maintenance, Navy 
Reserve'', $25,569,000.

             Operation and Maintenance, Marine Corps Reserve

    For an additional amount for ``Operation and Maintenance, Marine 
Corps Reserve'', $30,775,000.

              Operation and Maintenance, Air Force Reserve

    For an additional amount for ``Operation and Maintenance, Air Force 
Reserve'', $34,599,000.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $178,446,000.

                    Afghanistan Security Forces Fund

    For the ``Afghanistan Security Forces Fund'', $3,606,939,000, to 
remain available until September 30, 2010: Provided, That such funds 
shall be available to the Secretary of Defense, notwithstanding any 
other provision of law, for the purpose of allowing the Commander, 
Combined Security Transition Command--Afghanistan, or the Secretary's 
designee, to provide assistance, with the concurrence of the Secretary 
of State, to the security

[[Page 123 STAT. 1864]]

forces of Afghanistan, including the provision of equipment, supplies, 
services, training, facility and infrastructure repair, renovation, and 
construction, and funding: Provided further, That the authority to 
provide assistance under this heading is in addition to any other 
authority to provide assistance to foreign nations: Provided further, 
That contributions of funds for the purposes provided herein from any 
person, foreign government, or international organization may be 
credited to this Fund and used for such purposes: Provided further, 
That <<NOTE: Notification.>>  the Secretary shall notify the 
congressional defense committees in writing upon the receipt and upon 
the obligation of any contribution, delineating the sources and amounts 
of the funds received and the specific use of such contributions: 
Provided further, That <<NOTE: Deadline. Notification.>>  the Secretary 
of Defense shall, not fewer than 15 days prior to obligating from this 
appropriation account, notify the congressional defense committees in 
writing of the details of any such obligation.

                     Pakistan Counterinsurgency Fund

                      (including transfer of funds)

    There is hereby established in the Treasury of the United States the 
``Pakistan Counterinsurgency Fund''. For the ``Pakistan 
Counterinsurgency Fund'', $400,000,000, to remain available until 
September 30, 2010: Provided, That <<NOTE: Effective date.>>  such funds 
shall be available to the Secretary of Defense, with the concurrence of 
the Secretary of State, notwithstanding any other provision of law, for 
the purpose of allowing the Secretary of Defense, or the Secretary's 
designee, to provide assistance to Pakistan's security forces; including 
program management and the provision of equipment, supplies, services, 
training, and funds; and facility and infrastructure repair, renovation, 
and construction to build the counterinsurgency capability of Pakistan's 
military and Frontier Corps, and of which up to $2,000,000 shall be 
available to provide urgent humanitarian assistance to the people of 
Pakistan only as part of civil-military training exercises for Pakistani 
security forces receiving assistance under the ``Pakistan 
Counterinsurgency Fund'' and to assist the Government of Pakistan in 
creating such a program beginning in fiscal year 2010: Provided further, 
That the authority to provide assistance under this provision is in 
addition to any other authority to provide assistance to foreign 
nations: Provided further, That the Secretary of Defense may transfer 
such amounts as the Secretary may determine from the funds provided 
herein to any appropriations available to the Department of Defense or, 
with the concurrence of the Secretary of State and head of the relevant 
Federal department or agency, to any other non-intelligence related 
Federal account to accomplish the purposes provided herein: Provided 
further, That funds so transferred shall be merged with and be available 
for the same purposes and for the same time period as the appropriation 
or fund to which transferred: Provided further, 
That <<NOTE: Applicability.>>  the authority of the Secretary of Defense 
to obligate or transfer funds pursuant to this paragraph shall apply 
only to funds appropriated for such purposes in this Act (including 
funds appropriated by another paragraph of this Act that are transferred 
to the ``Pakistan Counterinsurgency Fund'' by such other paragraph), and 
such authority shall not be continued beyond the expiration date 
specified in the matter preceding the first proviso, except

[[Page 123 STAT. 1865]]

with respect to funds so transferred to the ``Pakistan Counterinsurgency 
Fund'' by another paragraph of this Act: Provided further, 
That <<NOTE: Deadline. Notification.>>  the Secretary of Defense shall, 
not fewer than 15 days prior to making transfers from this appropriation 
account, notify the Committees on Appropriations in writing of the 
details of any such transfer.

                               PROCUREMENT

                       Aircraft Procurement, Army

    For an additional amount for ``Aircraft Procurement, Army'', 
$1,192,744,000, to remain available until September 30, 2011.

                        Missile Procurement, Army

    For an additional amount for ``Missile Procurement, Army'', 
$704,041,000, to remain available until September 30, 2011.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For an additional amount for ``Procurement of Weapons and Tracked 
Combat Vehicles, Army'', $1,983,971,000, to remain available until 
September 30, 2011.

                     Procurement of Ammunition, Army

    For an additional amount for ``Procurement of Ammunition, Army'', 
$230,075,000, to remain available until September 30, 2011.

                         Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$7,113,742,000, to remain available until September 30, 2011.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$636,669,000, to remain available until September 30, 2011.

                        Weapons Procurement, Navy

    For an additional amount for ``Weapons Procurement, Navy'', 
$29,498,000, to remain available until September 30, 2011.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $348,919,000, to remain available until September 30, 
2011.

                         Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$197,193,000, to remain available until September 30, 2011.

[[Page 123 STAT. 1866]]

                        Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$1,526,447,000, to remain available until September 30, 2011.

                     Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$4,592,068,000, to remain available until September 30, 2011.

                     Missile Procurement, Air Force

    For an additional amount for ``Missile Procurement, Air Force'', 
$49,716,000, to remain available until September 30, 2011.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $158,684,000, to remain available until September 30, 2011.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$1,802,083,000, to remain available until September 30, 2011.

                        Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$237,868,000, to remain available until September 30, 2011.

                  National Guard and Reserve Equipment

    For an additional amount for ``National Guard and Reserve 
Equipment'', $500,000,000, to remain available until September 30, 2011: 
Provided, That such funds may be used only to procure high priority 
items of equipment that may be used by reserve component units for 
combat missions and units' missions in support of the State governors: 
Provided further, That <<NOTE: Deadline. Records.>>  the Chiefs of the 
National Guard and of the Reserve components shall, not later than 60 
days after the enactment of this Act, individually submit to the 
congressional defense committees a listing of items of equipment to be 
procured for their respective National Guard or Reserve component.

              Mine Resistant Ambush Protected Vehicle Fund

                      (including transfer of funds)

    For the ``Mine Resistant Ambush Protected Vehicle Fund'', 
$4,543,000,000, to remain available until September 30, 2010: Provided, 
That such funds shall be available to the Secretary of Defense, 
notwithstanding any other provision of law, to procure, sustain, 
transport, and field Mine Resistant Ambush Protected vehicles: Provided 
further, That the Secretary shall transfer such funds only to 
appropriations for operation and maintenance; procurement; research, 
development, test and evaluation; and defense working capital funds to 
accomplish the purpose provided herein: Provided further, That this 
transfer authority is in addition

[[Page 123 STAT. 1867]]

to any other transfer authority available to the Department of Defense: 
Provided further, That <<NOTE: Deadline. Notification.>>  the Secretary 
shall, not fewer than 10 days prior to making transfers from this 
appropriation, notify the congressional defense committees in writing of 
the details of any such transfer.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $52,935,000, to remain available until September 30, 
2010.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $136,786,000, to remain available until September 
30, 2010.

          Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $160,474,000, to remain available until 
September 30, 2010.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $483,304,000, to remain available until 
September 30, 2010.

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For an additional amount for ``Defense Working Capital Funds'', 
$861,726,000, to remain available until expended.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For an additional amount for ``Defense Health Program'', 
$1,055,297,000, of which $845,508,000 is for operation and maintenance; 
of which $50,185,000, to remain available until September 30, 2011, is 
for procurement; and of which $159,604,000, to remain available until 
September 30, 2010, is for research, development, test and evaluation: 
Provided, That up to $14,360,000,000 appropriated for operation and 
maintenance under this heading or any prior Act may be available for 
contracts entered into under the Tricare program.

[[Page 123 STAT. 1868]]

         Drug Interdiction and Counter-Drug Activities, Defense

                      (including transfer of funds)

    For an additional amount for ``Drug Interdiction and Counter-Drug 
Activities, Defense'', $120,398,000, to remain available until September 
30, 2010.

              Joint Improvised Explosive Device Defeat Fund

    For an additional amount for ``Joint Improvised Explosive Device 
Defeat Fund'', $1,116,746,000, to remain available until September 30, 
2011.

                     Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 301.  Notwithstanding any other provision of law, funds made 
available in this title are in addition to amounts appropriated or 
otherwise made available for the Department of Defense for fiscal year 
2009.

                      (including transfer of funds)

    Sec. 302.  Upon the determination of the Secretary of Defense that 
such action is necessary in the national interest, the Secretary may 
transfer between appropriations up to $2,500,000,000 of the funds made 
available to the Department of Defense in this title: Provided, 
That <<NOTE: Notification.>>  the Secretary shall notify the Congress 
promptly of each transfer made pursuant to the authority in this 
section: Provided further, That the authority provided in this section 
is in addition to any other transfer authority available to the 
Department of Defense and is subject to the same terms and conditions as 
the authority provided in section 8005 of the Department of Defense 
Appropriations Act, 2009 (division C of Public Law 110-329) except for 
the fourth proviso.

    Sec. 303.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed to 
be specifically authorized by the Congress for purposes of section 
504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).

                      (including transfer of funds)

    Sec. 304.  During fiscal year 2009 and from funds in the ``Defense 
Cooperation Account'', as established by 10 U.S.C. 2608, the Secretary 
of Defense may transfer not to exceed $6,500,000 to such appropriations 
or funds of the Department of Defense as the Secretary shall determine 
for use consistent with the purposes for which such funds were 
contributed and accepted: Provided, That such amounts shall be available 
for the same time period as the appropriation to which 
transferred: <<NOTE: Reports.>>  Provided further, That the Secretary 
shall report to the Congress all transfers made pursuant to this 
authority.

[[Page 123 STAT. 1869]]

    Sec. 305.  Supervision and administration costs associated with a 
construction project funded with appropriations available for operation 
and maintenance or ``Afghanistan Security Forces Fund'' provided in this 
title, and executed in direct support of the overseas contingency 
operations in Iraq and Afghanistan, may be obligated at the time a 
construction contract is awarded: Provided, That for the purpose of this 
section, supervision and administration costs include all in-house 
Government costs.

                         (including rescissions)

    Sec. 306. (a)(1) Of the funds appropriated in chapter 2 of title IX 
of Public Law 110-252 under the heading, ``Iraq Security Forces Fund'', 
$1,000,000,000 is rescinded.
    (2) For an additional amount for ``Iraq Security Forces Fund'', 
$1,000,000,000, to remain available until September 30, 2010: Provided, 
That <<NOTE: Deadline. Notification.>>  funds may not be obligated or 
transferred from this fund until 15 days after the date on which the 
Secretary of Defense notifies the congressional defense committees in 
writing of the details of the proposed obligation or transfer.

    (b) Notwithstanding any other provision of this Act, each amount in 
this section is designated as an emergency requirement and necessary to 
meet emergency needs pursuant to sections 403(a) and 423(b) of S. Con. 
Res. 13 (111th Congress), the concurrent resolution on the budget for 
fiscal year 2010.
    Sec. 307.  Funds made available in this title to the Department of 
Defense for operation and maintenance may be used to purchase items 
having an investment unit cost of not more than $250,000: Provided, 
That <<NOTE: Determination.>>  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 <<NOTE: Reports. Deadline.>>  the Secretary shall 
report to the Congress all purchases made pursuant to this authority 
within 30 days of using the authority.

    Sec. 308.  From funds made available in this title, the Secretary of 
Defense may purchase motor vehicles for use by military and civilian 
employees of the Department of Defense in Iraq and Afghanistan, up to a 
limit of $75,000 per vehicle, notwithstanding other limitations 
applicable to passenger carrying motor vehicles.

                              (rescissions)

    Sec. 309.  Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from the 
following accounts and programs in the specified amounts: Provided, That 
none of the amounts may be rescinded from amounts that were designated 
by the Congress as an emergency requirement pursuant to a Concurrent 
Resolution on the Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985, as amended:
            ``Procurement, Marine Corps, 2007/2009'', $54,400,000;
            ``Other Procurement, Army, 2008/2010'', $29,300,000;
            ``Procurement, Marine Corps, 2008/2010'', $10,300,000;
            ``Aircraft Procurement, Air Force, 2008/2010'', $44,000,000;
            ``Research, Development, Test and Evaluation, Navy, 2008/
        2009'', $11,300,000;

[[Page 123 STAT. 1870]]

            ``Research, Development, Test and Evaluation, Air Force, 
        2008/2009'', $36,107,000;
            ``Research, Development, Test and Evaluation, Defense-Wide, 
        2008/2009'', $169,124,000;
            ``Operation and Maintenance, Army, 2009/2009'', 
        $352,359,000;
            ``Operation and Maintenance, Navy, 2009/2009'', 
        $881,481,000;
            ``Operation and Maintenance, Marine Corps, 2009/2009'', 
        $54,466,000;
            ``Operation and Maintenance, Air Force, 2009/2009'', 
        $925,203,000;
            ``Operation and Maintenance, Defense-Wide, 2009/2009'', 
        $267,635,000;
            ``Operation and Maintenance, Army Reserve, 2009/2009'', 
        $23,338,000;
            ``Operation and Maintenance, Navy Reserve, 2009/2009'', 
        $62,910,000;
            ``Operation and Maintenance, Marine Corps Reserve, 2009/
        2009'', $1,250,000;
            ``Operation and Maintenance, Air Force Reserve, 2009/2009'', 
        $163,786,000;
            ``Operation and Maintenance, Army National Guard, 2009/
        2009'', $57,819,000;
            ``Operation and Maintenance, Air National Guard, 2009/
        2009'', $250,645,000;
            ``Aircraft Procurement, Army, 2009/2011'', $22,600,000;
            ``Procurement of Ammunition, Army, 2009/2011'', 
        $107,100,000;
            ``Other Procurement, Army, 2009/2011'', $245,000,000;
            ``Procurement, Marine Corps, 2009/2011'', $10,300,000;
            ``Other Procurement, Air Force, 2009/2011'', $17,500,000;
            ``Procurement, Defense-Wide, 2009/2011'', $6,400,000;
            ``Research, Development, Test and Evaluation, Army, 2009/
        2010'', $187,710,000;
            ``Research, Development, Test and Evaluation, Navy, 2009/
        2010'', $217,060,000; and
            ``Research, Development, Test and Evaluation, Air Force, 
        2009/2010'', $287,567,000.

                      (including transfer of funds)

    Sec. 310. (a) Retroactive Stop-Loss Special Pay Compensation to 
Eligible Claimants.--In addition to the amounts appropriated or 
otherwise made available elsewhere in this Act, $534,400,000 is 
appropriated to the Department of Defense, to remain available for 
obligation until expended: Provided, That <<NOTE: Time period.>>  such 
funds shall be available to the Secretaries of the military departments 
only to make payment of claims specified in subsection (b) to members of 
the Armed Forces, including members of the reserve components, and 
former and retired members under the jurisdiction of the Secretary who, 
at any time during the period beginning on September 11, 2001, and 
ending on September 30, 2009, served on active duty while the members' 
enlistment or period of obligated service was extended, or whose 
eligibility for retirement was suspended, pursuant to section 123 or 
12305 of

[[Page 123 STAT. 1871]]

title 10, United States Code, or any other provision of law (commonly 
referred to as a ``stop-loss authority'') authorizing the President to 
extend an enlistment or period of obligated service, or suspend an 
eligibility for retirement, of a member of the uniformed services in 
time of war or of national emergency declared by Congress or the 
President.

    (b) Claims Submission Required.--Claims for <<NOTE: Deadline.>>  
retroactive Stop-Loss Special Pay compensation under this section shall 
be submitted to the Secretary of the Military Department concerned not 
later than 1 year after the date on which the implementing rules of 
subsection (d) take effect. Notwithstanding any other provision of law, 
the Secretaries of the military departments may not pay claims that are 
submitted more than 1 year after the date on which the implementing 
rules of subsection (d) take effect.

    (c) Payment Amount.--The amount to be paid under subsection (a) to 
or on behalf of an eligible member, retired member, or former member 
described in such subsection shall be $500 per month for each month or 
portion of a month during the period specified in such subsection that 
the member was retained on active duty as a result of application of the 
stop-loss authority.
    (d) Rulemaking.--Not later <<NOTE: Deadline.>>  than 120 days after 
the date of enactment of this Act, the Secretary of Defense shall issue 
rules to expedite the payment of claims under subsection (b).

    (e) Treatment of Deceased Members.--If an eligible member, retired 
member, or former member described in subsection (a) dies before the 
payment required by this section is made, the Secretary concerned shall 
make the payment in accordance with section 2771 of title 10, United 
States Code.
    (f) Exclusion of Certain Former Members.--A former member of the 
Armed Forces is not eligible for a payment under this section if the 
former member was discharged or released from the Armed Forces under 
other than honorable conditions.
    (g) Relation to Other Stop-Loss Special Pay.--A member, retired 
member, or former member may not receive a payment under this section 
and stop-loss special pay under section 8116 of the Department of 
Defense Appropriations Act, 2009 (division C of Public Law 110-329; 122 
Stat. 3646) for the same month or portion of a month during which the 
member was retained on active duty as a result of application of the 
stop-loss authority.
    (h) Report on Execution.--The Secretary of Defense shall provide a 
report to the congressional defense committees on the implementation of 
the retroactive stop-loss benefit. The report shall include the 
following: the number of claims filed, the number of claims approved, 
the number of claims denied, the number of claims still pending, the 
amount of funding that has been obligated, the amount of funding still 
available for this purpose, and the average payment provided. This 
report is due 1 year after the date on which the implementing rules of 
subsection (d) take effect, and every 6 months thereafter until all 
funding provided for this purpose has been obligated and all submitted 
claims have been processed.
    Sec. 311. (a) Section 132 of the National Defense Authorization Act 
for Fiscal Year 2004 <<NOTE: 117 Stat. 1411.>>  (Public Law 108-136; 117 
Stat. 1392) is repealed.

    (b) Notwithstanding <<NOTE: Deadline. Certification.>>  any other 
provision of law, the Secretary of the Air Force may retire C-5A 
aircraft from the inventory of the Air Force 15 days after certifying to 
the congressional defense committees that retiring the aircraft will not 
significantly increase

[[Page 123 STAT. 1872]]

operational risk of not meeting the National Defense Strategy, provided 
that such retirements may not reduce total strategic airlift force 
structure inventory below the 292 strategic airlift aircraft level 
identified in the Mobility Capability Study 2005 (MCS-05) unless 
otherwise addressed in the fiscal year 2010 National Defense 
Authorization Act.

    Sec. 312.  None of the funds appropriated or otherwise made 
available by this title may be obligated or expended to provide award 
fees to any defense contractor contrary to the provisions of section 814 
of the National Defense Authorization Act, Fiscal Year 2007 (Public Law 
109-364).
    Sec. 313.  None of the funds provided in this title may be used to 
finance programs or activities denied by Congress in fiscal years 2008 
or 2009 appropriations to the Department of Defense or to initiate a 
procurement or research, development, test and evaluation new start 
program without prior written notification to the congressional defense 
committees.
    Sec. 314.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by the 
United States Government for a purpose as follows:
            (1) To establish any military installation or base for the 
        purpose of providing for the permanent stationing of United 
        States Armed Forces in Iraq.
            (2) To exercise United States control over any oil resource 
        of Iraq.

    Sec. 315.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be obligated or expended by the 
United States Government for the purpose of establishing any military 
installation or base for the purpose of providing for the permanent 
stationing of United States Armed Forces in Afghanistan.
    Sec. 316. (a) Report on Iraq Troop Drawdown Status, Goals, and 
Timetable.--In recognition and support of the policy of President Barack 
Obama to withdraw all United States combat brigades from Iraq by August 
31, 2010, and all United States military forces from Iraq on December 
31, 2011, Congress directs the Secretary of Defense (in consultation 
with other members of the National Security Council) to prepare a report 
that identifies troop drawdown status and goals and includes--
            (1) a detailed, month-by-month description of the transition 
        of United States military forces and equipment out of Iraq; and
            (2) a detailed, month-by-month description of the transition 
        of United States contractors out of Iraq.

    (b) Elements of Report.--At a minimum, the Secretary of Defense 
shall address the following:
            (1) How the Government of Iraq is assuming the 
        responsibility for reconciliation initiatives as the mission of 
        the United States Armed Forces transitions.
            (2) How the drawdown of military forces complies with the 
        President's planned withdrawal of combat brigades by August 31, 
        2010, and all United States forces by December 31, 2011.
            (3) The roles and responsibilities of remaining contractors 
        in Iraq as the United States mission evolves, including the 
        anticipated number of United States contractors to remain in 
        Iraq after August 31, 2010, and December 31, 2011.

[[Page 123 STAT. 1873]]

    (c) Submission.--
            (1) Not later than 90 days after the date of enactment of 
        this Act, and every 90 days thereafter through September 30, 
        2010, the Secretary of Defense shall submit the report required 
        by subsection (a) and a classified annex to the report, as 
        necessary.
            (2) The Secretary may submit the report required by 
        subsection (a) separately as provided in paragraph (1) or 
        include the information required by this report when submitting 
        reports required of the Secretary under section 9204 of the 
        Supplemental Appropriations Act, 2008 (Public Law 110-252; 122 
        Stat. 2410).

    (d) Extension of Related Reporting Requirement.--Section 9204(a) of 
the Supplemental Appropriations Act, 2008 <<NOTE: 122 Stat. 2410.>>  is 
amended by striking ``fiscal year 2009'' and inserting ``fiscal year 
2010''.

    Sec. 317. (a) Repeal of Secretary of Defense Reports on Transition 
Readiness of Iraq and Afghan Security Forces.--Subsection (a) of section 
9205 of Public Law 110-252 (122 Stat. 2412) is repealed.
    (b) Modification of Reports on Use of Certain Security Forces 
Funds.--
            (1) Preparation in consultation with commander of centcom.--
        Subsection (b)(1) <<NOTE: 122 Stat. 2413.>>  of such section is 
        amended by inserting ``the Commander of the United States 
        Central Command;'' after ``the Secretary of Defense;''.
            (2) Period of reports.--Such subsection is further amended 
        by striking ``not later than 120 days after the date of the 
        enactment of this Act and every 90 days thereafter'' and 
        inserting ``not later than 45 days after the end of each fiscal 
        year quarter''.
            (3) Funds covered by reports.--Such subsection is further 
        amended by striking ``and `Afghanistan Security Forces Fund' '' 
        and inserting ``, `Afghanistan Security Forces Fund', and 
        `Pakistan Counterinsurgency Fund' ''.

    (c) Notice New Projects and Transfers of Funds.--Subsection (c) of 
such section is amended by striking ``the headings'' and all that 
follows and inserting ``the headings as follows:
            ``(1) `Iraq Security Forces Fund'.
            ``(2) `Afghanistan Security Forces Fund'.
            ``(3) `Pakistan Counterinsurgency Fund'.''.

    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.
    Sec. 318. (a) Section 1174(h)(1) of title 10, United States Code, is 
amended to read as follows:
            ``(1) A member who has received separation pay under this 
        section, or separation pay, severance pay, or readjustment pay 
        under any other provision of law, based on service in the armed 
        forces, and who later qualifies for retired or retainer pay 
        under this title or title 14 shall have deducted from each 
        payment of such retired or retainer pay an amount, in such 
        schedule of monthly installments as the Secretary of Defense 
        shall specify, taking into account the financial ability of the 
        member to pay and avoiding the imposition of undue financial 
        hardship on the member and member's dependents, until the total 
        amount deducted is equal to the total amount of separation pay, 
        severance pay, and readjustment pay so paid.''.

[[Page 123 STAT. 1874]]

    (b) Section 1175(e)(3)(A) of title 10, United States Code, is 
amended to read as follows:
            ``(3)(A) A member who has received the voluntary separation 
        incentive and who later qualifies for retired or retainer pay 
        under this title shall have deducted from each payment of such 
        retired or retainer pay an amount, in such schedule of monthly 
        installments as the Secretary of Defense shall specify, taking 
        into account the financial ability of the member to pay and 
        avoiding the imposition of undue financial hardship on the 
        member and member's dependents, until the total amount deducted 
        is equal to the total amount of voluntary separation incentive 
        so paid. If the member elected to have a reduction in voluntary 
        separation incentive for any period pursuant to paragraph (2), 
        the deduction required under the preceding sentence shall be 
        reduced as the Secretary of Defense shall specify.''.

    (c) <<NOTE: Applicability. 10 USC 1174 note.>>  Effective Date.--The 
amendments made by this section shall apply to any repayments of 
separation pay, severance pay, readjustment pay, special separation 
benefit, or voluntary separation incentive, that occur on or after the 
date of enactment, including any ongoing repayment actions that were 
initiated prior to this amendment.

    Sec. 319. (a) <<NOTE: President. Cuba. 10 USC 801 note.>>  Reports 
Required.--Not later than 60 days after the date of the enactment of 
this Act and every 90 days thereafter, the President shall submit to the 
members and committees of Congress specified in subsection (b) a report 
on the prisoner population at the detention facility at Naval Station 
Guantanamo Bay, Cuba.

    (b) Specified Members and Committees of Congress.--The members and 
committees of Congress specified in this subsection are the following:
            (1) The majority leader and minority leader of the Senate.
            (2) The Chairman and Ranking Member on the Committee on 
        Armed Services of the Senate.
            (3) The Chairman and Vice Chairman of the Select Committee 
        on Intelligence of the Senate.
            (4) The Chairman and Vice Chairman of the Committee on 
        Appropriations of the Senate.
            (5) The Speaker of the House of Representatives.
            (6) The minority leader of the House of Representatives.
            (7) The Chairman and Ranking Member on the Committee on 
        Armed Services of the House of Representatives.
            (8) The Chairman and Vice Chairman of the Permanent Select 
        Committee on Intelligence of the House of Representatives.
            (9) The Chairman and Ranking Member of the Committee on 
        Appropriations of the House of Representatives.

    (c) Matters To Be Included.--Each report submitted under subsection 
(a) shall include the following:
            (1) The name and country of origin of each detainee at the 
        detention facility at Naval Station Guantanamo Bay, Cuba, as of 
        the date of such report.
            (2) A current summary of the evidence, intelligence, and 
        information used to justify the detention of each detainee 
        listed under paragraph (1) at Naval Station Guantanamo Bay.

[[Page 123 STAT. 1875]]

            (3) A current accounting of all the measures taken to 
        transfer each detainee listed under paragraph (1) to the 
        individual's country of citizenship or another country.
            (4) A current description of the number of individuals 
        released or transferred from detention at Naval Station 
        Guantanamo Bay who are confirmed or suspected of returning to 
        terrorist activities after release or transfer from Naval 
        Station Guantanamo Bay.
            (5) An assessment of any efforts by al Qaeda to recruit 
        detainees released from detention at Naval Station Guantanamo 
        Bay.

    (d) Additional Matters To Be Included in Initial Report.--The first 
report submitted under subsection (a) shall also include the following:
            (1) A description of the process that was previously used 
        for screening the detainees described by subsection (c)(4) prior 
        to their release or transfer from detention at Naval Station 
        Guantanamo Bay, Cuba.
            (2) An assessment of the adequacy of that screening process 
        for reducing the risk that detainees previously released or 
        transferred from Naval Station Guantanamo Bay would return to 
        terrorist activities after release or transfer from Naval 
        Station Guantanamo Bay.
            (3) An assessment of lessons learned from previous releases 
        and transfers of individuals who returned to terrorist 
        activities for reducing the risk that detainees released or 
        transferred from Naval Station Guantanamo Bay will return to 
        terrorist activities after their release or transfer.

                                TITLE IV

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                        Corps of Engineers--Civil

                        operation and maintenance

    For an additional amount for ``Operation and Maintenance'' to dredge 
navigation channels and repair damage to Corps projects nationwide 
related to natural disasters, $42,875,000, to remain available until 
expended: Provided, That <<NOTE: Reports. Deadline.>>  the Assistant 
Secretary of the Army for Civil Works shall provide a monthly report to 
the Committees on Appropriations of the House of Representatives and the 
Senate detailing the allocation and obligation of these funds, beginning 
not later than 60 days after enactment of this Act.

                  flood control and coastal emergencies

    For an additional amount for ``Flood Control and Coastal 
Emergencies'', as authorized by section 5 of the Act of August 18, 1941 
(33 U.S.C. 701n), for necessary expenses relating to the consequences of 
natural disasters as authorized by law, $754,290,000, to remain 
available until expended: Provided, That the Secretary of the Army is 
directed to use $315,290,000 of the funds appropriated under this 
heading to support emergency operations, to

[[Page 123 STAT. 1876]]

repair eligible projects nationwide, and for other activities in 
response to natural disasters: Provided further, That the Secretary of 
the Army is directed to use $439,000,000 of the amount provided under 
this heading for barrier island restoration and ecosystem restoration to 
restore historic levels of storm damage reduction to the Mississippi 
Gulf Coast: Provided further, That this work shall be carried out at 
full Federal expense: <<NOTE: Reports. Deadline.>>  Provided further, 
That the Assistant Secretary of the Army for Civil Works shall provide a 
monthly report to the Committees on Appropriations of the House of 
Representatives and the Senate detailing the allocation and obligation 
of these funds, beginning not later than 60 days after enactment of this 
Act.

                          DEPARTMENT OF ENERGY

                             ENERGY PROGRAMS

                       Strategic Petroleum Reserve

                           (transfer of funds)

    For an additional amount for ``Strategic Petroleum Reserve'', 
$21,585,723, to remain available until expended, to be derived by 
transfer from the ``SPR Petroleum Account'' for site maintenance 
activities.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration

                           weapons activities

    For an additional amount for ``Weapons Activities'', $30,000,000, to 
remain available until expended, to be divided among the three national 
security laboratories of Livermore, Sandia and Los Alamos and other 
entities to fund a sustainable capability to analyze nuclear and 
biological weapons intelligence: Provided, 
That <<NOTE: Reports. Deadline.>>  the Secretary of Energy, in 
cooperation with the Director of National Intelligence, shall provide a 
written report to the Appropriations Committees of the House of 
Representatives and the Senate, the Armed Services Committees of the 
House of Representatives and the Senate, the Permanent Select Committee 
on Intelligence of the House of Representatives, and the Select 
Committee on Intelligence of the Senate within 90 days of enactment of 
this Act on how the Department of Energy will invest these resources to 
sustain technical and core analytical capabilities.

                    Defense Nuclear Nonproliferation

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

[[Page 123 STAT. 1877]]

                     GENERAL PROVISIONS--THIS TITLE

                       limited transfer authority

    Sec. 401.  Section 403 of title IV of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5) <<NOTE: Ante, 
p. 143.>>  is amended by striking all of the text and inserting the 
following:
``SEC. 403. LIMITED TRANSFER AUTHORITY.

    ``The Secretary of Energy may transfer up to 0.5 percent from each 
amount appropriated to the Department of Energy in this title to any 
other appropriate account within the Department of Energy, to be used 
for management and oversight activities: Provided, 
That <<NOTE: Reports. Deadline.>>  the Secretary shall provide a report 
to the Committees on Appropriations of the House of Representatives and 
the Senate 15 days prior to any transfer: Provided further, That any 
funds so transferred under this section shall remain available for 
obligation until September 30, 2012.''.

                waiver of federal employment requirements

    Sec. 402.  Section 4601(c)(1) of the Atomic Energy Defense Act (50 
U.S.C. 2701(c)(1)) is amended by striking ``September 30, 2008'' and 
inserting ``September 30, 2009''.

                    corps of engineers technical fix

    Sec. 403. (a) In General.--Section 3181 of the Water Resources 
Development Act of 2007 (Public Law 110-114; 121 Stat. 1158) is 
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (4) through (11) as 
                paragraphs (5), (6), (8), (9), (10), (11), (12), and 
                (13), respectively;
                    (B) by inserting after paragraph (3) the following:
            ``(4) Northeast harbor, maine.--The project for navigation, 
        Northeast Harbor, Maine, authorized by section 2 of the Act of 
        March 2, 1945 (59 Stat. 12).''; and
                    (C) by inserting after paragraph (6) (as 
                redesignated by subparagraph (A)) the following:
            ``(7) Tenants harbor, maine.--The project for navigation, 
        Tenants Harbor, Maine, authorized by the first section of the 
        Act of March 2, 1919 (40 Stat. 1275).''; and
            (2) in subsection (h)--
                    (A) by striking paragraphs (15) and (16); and
                    (B) by redesignating paragraphs (17) through (29) as 
                paragraphs (15) through (27), respectively.

    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the Water Resources Development Act of 
2007 (Public Law 110-114; 121 Stat. 1041).

               corps of engineers reprogramming authority

    Sec. 404.  Unlimited reprogramming authority is granted to the 
Secretary of the Army for funds provided in title IV--Energy and Water 
Development of Public Law 111-5 under the heading ``Department of 
Defense--Civil, Department of the Army, Corps of Engineers--Civil''.

[[Page 123 STAT. 1878]]

              bureau of reclamation reprogramming authority

    Sec. 405.  Unlimited reprogramming authority is granted to the 
Secretary of the Interior for funds provided in title IV--Energy and 
Water Development of Public Law 111-5 under the heading ``Bureau of 
Reclamation, Water and Related Resources''.

                cost analysis of tritium program changes

    Sec. 406.  No funds in this Act, or other previous Acts, shall be 
provided to fund activities related to the mission relocation of either 
the design authority for the gas transfer systems or tritium research 
and development facilities during the current fiscal year and until the 
Department can provide the Senate Appropriations Committee an 
independent technical mission review and cost analysis by the JASON's as 
proposed in the Complex Transformation Site-Wide Programmatic 
Environmental Impact Statement.

            corps of engineers project cost ceiling increase

    Sec. 407.  The project for ecosystem restoration, Upper Newport Bay, 
California, authorized by section 101(b)(9) of the Water Resources 
Development Act of 2000 (114 Stat. 2577), is modified to authorize the 
Secretary to construct the project at a total cost of $50,659,000, with 
an estimated Federal cost of $32,928,000 and a non-Federal cost of 
$17,731,000.

          title 17 innovative technology loan guarantee program

    Sec. 408.  The matter under the heading ``Title 17 Innovative 
Technology Loan Guarantee Program'' of title III of division C of the 
Omnibus Appropriations Act, 2009 (Public Law 111-8; 123 Stat. 619) is 
amended in the ninth proviso--
            (1) by striking ``or (d)'' and inserting ``(d)''; and
            (2) by striking ``the guarantee'' and inserting ``the 
        guarantee; (e) contracts, leases or other agreements entered 
        into prior to May 1, 2009 for front-end nuclear fuel cycle 
        projects, where such project licenses technology from the 
        Department of Energy, and pays royalties to the federal 
        government for such license and the amount of such royalties 
        will exceed the amount of federal spending, if any, under such 
        contracts, leases or agreements; or (f) grants or cooperative 
        agreements, to the extent that obligations of such grants or 
        cooperative agreements have been recorded in accordance with 
        section 1501(a)(5) of title 31, United States Code, on or before 
        May 1, 2009''.

                                 TITLE V

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                                PRESIDENT

                        National Security Council

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $2,936,000, 
of which $800,000 shall remain available until expended and $2,136,000 
shall remain available until September 30, 2010.

[[Page 123 STAT. 1879]]

                              THE JUDICIARY

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

                      (including transfer of funds)

    For an additional amount for ``Salaries and Expenses'', $10,000,000, 
to remain available until September 30, 2010: Provided, That 
notwithstanding section 302 of division D of Public Law 111-8, funding 
shall be available for transfer between Judiciary accounts to meet 
increased workload requirements resulting from immigration and other law 
enforcement initiatives.

                          INDEPENDENT AGENCIES

                   Financial Crisis Inquiry Commission

                          salaries and expenses

    For the necessary expenses of the Financial Crisis Inquiry 
Commission established pursuant to section 5 of the Fraud Enforcement 
and Recovery Act of 2009 (Public Law 111-21), $8,000,000, to remain 
available until February 15, 2011.

                   Securities and Exchange Commission

                          salaries and expenses

    For an additional amount for necessary expenses for the Securities 
and Exchange Commission, $10,000,000, to remain available until 
September 30, 2010, for investigation of securities fraud.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 501. (a) In General.--Section 3(c)(2)(A) of Public Law 110-428 
is <<NOTE: 28 USC 376 note.>>  amended--
            (1) in the matter before clause (i), by striking ``4-year'' 
        and inserting ``5-year''; and
            (2) in clause (i), by striking ``1-year'' and inserting ``2-
        year''.

    (b) <<NOTE: 28 USC 376 note.>>  Effective Date.--The amendments made 
by subsection (a) shall take effect as if included in the enactment of 
Public Law 110-428.

    Sec. 502.  The fourth proviso under the heading ``District of 
Columbia Funds'' of title IV of division D of the Omnibus Appropriations 
Act, 2009 (Public Law 111-8; 123 Stat. 655) is amended by striking ``and 
such title'' and inserting ``, as amended by laws enacted pursuant to 
section 442(c) of the District of Columbia Home Rule Act of 1973, 
approved December 24, 1973 (87 Stat. 798), and such title, as 
amended,''.
    Sec. 503.  Title V of division D of the Omnibus Appropriations Act, 
2009 (Public Law 111-8) is amended under the heading ``Federal 
Communications Commission'' by <<NOTE: Ante, p. 657.>>  striking the 
first proviso and inserting the following: ``Provided, That of the funds 
provided, not less than $3,000,000 shall be available for developing a 
national

[[Page 123 STAT. 1880]]

broadband plan pursuant to title VI of division B of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5) and for 
carrying out any other responsibility pursuant to that title:''.

                        extension of limitations

    Sec. 504. (a) In General.--Section 44(f)(1) of the Federal Deposit 
Insurance Act (12 U.S.C. 1831u(f)(1)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and moving the margins 2 ems to the 
        right;
            (2) by striking ``evidence of debt by any insured'' and 
        inserting the following: ``evidence of debt by--
                    ``(A) any insured''; and
            (3) by striking the period at the end and inserting the 
        following: ``; and
                    ``(B) any nondepository institution operating in 
                such State, shall be equal to not more than the greater 
                of the State's maximum lawful annual percentage rate or 
                17 percent--
                          ``(i) to facilitate the uniform implementation 
                      of federally mandated or federally established 
                      programs and financings related thereto, 
                      including--
                                    ``(I) uniform accessibility of 
                                student loans, including the issuance of 
                                qualified student loan bonds as set 
                                forth in section 144(b) of the Internal 
                                Revenue Code of 1986;
                                    ``(II) the uniform accessibility of 
                                mortgage loans, including the issuance 
                                of qualified mortgage bonds and 
                                qualified veterans' mortgage bonds as 
                                set forth in section 143 of such Code;
                                    ``(III) the uniform accessibility of 
                                safe and affordable housing programs 
                                administered or subject to review by the 
                                Department of Housing and Urban 
                                Development, including--
                                            ``(aa) the issuance of 
                                        exempt facility bonds for 
                                        qualified residential rental 
                                        property as set forth in section 
                                        142(d) of such Code;
                                            ``(bb) the issuance of low 
                                        income housing tax credits as 
                                        set forth in section 42 of such 
                                        Code, to facilitate the uniform 
                                        accessibility of provisions of 
                                        the American Recovery and 
                                        Reinvestment Act of 2009; and
                                            ``(cc) the issuance of bonds 
                                        and obligations issued under 
                                        that Act, to facilitate economic 
                                        development, higher education, 
                                        and improvements to 
                                        infrastructure, and the issuance 
                                        of bonds and obligations issued 
                                        under any provision of law to 
                                        further the same; and
                          ``(ii) to facilitate interstate commerce 
                      generally, including consumer loans, in the case 
                      of any person or governmental entity (other than a 
                      depository institution subject to subparagraph (A) 
                      and paragraph (2)).''.

    (b) <<NOTE: 12 USC 1831u note. Applicability. Contracts.>>  
Effective Period.--The amendments made by subsection (a) shall apply 
with respect to contracts consummated during the period beginning on the 
date of enactment of this Act and ending on December 31, 2010.

[[Page 123 STAT. 1881]]

                                TITLE VI

                     DEPARTMENT OF HOMELAND SECURITY

                   U.S. Customs and Border Protection

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $46,200,000, 
to remain available until September 30, 2010, of which $6,200,000 shall 
be for the care, treatment, and transportation of unaccompanied alien 
children; and of which $40,000,000 shall be for response to border 
security issues on the Southwest border of the United States.

  air and marine interdiction, operations, maintenance, and procurement

    For an additional amount for ``Air and Marine Interdiction, 
Operations, Maintenance, and Procurement'', $5,000,000, to remain 
available until September 30, 2010, for response to border security 
issues on the Southwest border of the United States.

                U.S. Immigration and Customs Enforcement

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $66,800,000, 
to remain available until September 30, 2010, of which $11,800,000 shall 
be for the care, treatment, and transportation of unaccompanied alien 
children; and of which $55,000,000 shall be for response to border 
security issues on the Southwest border of the United States.

                               Coast Guard

                           operating expenses

    For an additional amount for ``Operating Expenses'', $139,503,000; 
of which $129,503,000 shall be for Coast Guard operations in support of 
Operation Iraqi Freedom and Operation Enduring Freedom; and of which 
$10,000,000 shall be available until September 30, 2010, for High 
Endurance Cutter maintenance, major repairs, and improvements.

                   Federal Emergency Management Agency

                        state and local programs

    For an additional amount for ``State and Local Programs'', 
$30,000,000 shall be for Operation Stonegarden.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 601.  Notwithstanding <<NOTE: Certification. Alabama.>>  
sections 12112, 55102, and 55103 of title 46, United States Code, the 
Secretary of the department in which the Coast Guard is operating shall 
issue a certificate of documentation with appropriate endorsement for 
engaging in

[[Page 123 STAT. 1882]]

the coastwise trade in the State of Alabama for the drydock ALABAMA 
(United States official number 641504).

    Sec. 602.  Notwithstanding sections 55101, 55103, and 12112 of title 
46, United States Code, the Secretary of the department in which the 
Coast Guard is operating may issue a certificate of documentation with a 
coastwise endorsement for the vessel MARYLAND INDEPENDENCE (official 
number 662573). The coastwise endorsement issued under authority of this 
section is terminated if--
            (1) the vessel, or controlling interest in the person that 
        owns the vessel, is conveyed after the date of enactment of this 
        Act; or
            (2) any repairs or alterations are made to the vessel 
        outside of the United States.

                     (including rescission of funds)

    Sec. 603. (a) Rescission.--Of amounts previously made available from 
``Federal Emergency Management Agency, Disaster Relief'' to the State of 
Mississippi pursuant to section 404 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170c) for Hurricane 
Katrina, an additional $100,000,000 are rescinded.
    (b) <<NOTE: Grants. Mississippi.>>  Appropriation.--For ``Federal 
Emergency Management Agency, State and Local Programs'', there is 
appropriated an additional $100,000,000, to remain available until 
expended, for a grant to the State of Mississippi for an interoperable 
communications system required in the aftermath of Hurricane Katrina.

    Sec. 604.  The Department of Homeland Security Appropriations Act, 
2009 (Public Law 110-329) is amended under the heading ``Federal 
Emergency Management Agency, Management and Administration'' after ``the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.),'' by adding ``Cerro Grande Fire Assistance Act of 
2000 (division C, title I, 114 Stat. 583),''.
    Sec. 605.  Notwithstanding <<NOTE: Waiver authority.>>  any 
provision under (a)(1)(A) of 15 U.S.C. 2229a specifying that grants must 
be used to increase the number of firefighters in fire departments, the 
Secretary of Homeland Security may, in making grants described under 15 
U.S.C. 2229a for fiscal year 2009 or fiscal year 2010, grant waivers 
from the requirements of subsection (a)(1)(B), subsection (c)(1), 
subsection (c)(2), and subsection (c)(4)(A), and may award grants for 
the hiring, rehiring, or retention of firefighters.

    Sec. 606.  The <<NOTE: Extension date.>>  Administrator of the 
Federal Emergency Management Agency shall extend through March 2010 
reimbursement of State-run case management programs related to 
Hurricanes Katrina and Rita for individuals in such programs on April 
30, 2009.

    Sec. 607.  Section 552 of division E of the Consolidated 
Appropriations Act, 2008 (Public Law 110-161) <<NOTE: 121 Stat. 2081.>>  
is amended by striking ``local educational agencies'' and inserting 
``primary or secondary school sites'' and by inserting ``and section 
406(c)(2)'' after ``section 406(c)(1)''.

    Sec. 608.  For purposes of qualification for loans made under the 
Disaster Assistance Direct Loan Program as allowed under Public Law 111-
5 relating to disaster declaration FEMA-1791-

[[Page 123 STAT. 1883]]

DR (issued September 13, 2008) the base period for tax determining loss 
of revenue may be fiscal year 2009 or fiscal year 2010.
    Sec. 609. (a) Federal Share of Disaster Assistance.--Notwithstanding 
any other provision of law, including any agreement, the Federal share 
of assistance, including direct Federal assistance provided under 
section 406 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5172), for damages resulting from Hurricane 
Ike (FEMA-1791-DR and FEMA-1792-DR), shall be 90 percent of the eligible 
costs under such section and shall be 100 percent of such costs under 
sections 403 and 407 of such Act (42 U.S.C. 5170b and 5173).
    (b) Notwithstanding any other provision of law, including any 
agreement, the Federal share of assistance, including direct Federal 
assistance provided under section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172), for FEMA-1841-DR 
shall be 90 percent of the eligible costs under such section and shall 
be 100 percent of such costs under sections 403 and 407 of such Act (42 
U.S.C. 5170b and 5173).
    (c) Notwithstanding any other provision of law, including any 
agreement, the Federal share of assistance, including direct Federal 
assistance provided under section 406 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5172), for FEMA-1838-DR 
shall be 90 percent of the eligible costs under such section and shall 
be 100 percent of such costs under sections 403 and 407 of such Act (42 
U.S.C. 5170b and 5173).
    (d) Applicability.--The Federal share provided by subsections (a), 
(b), and (c) shall apply to disaster assistance provided before, on, or 
after the date of enactment of this Act.

                                TITLE VII

                       DEPARTMENT OF THE INTERIOR

                        Department-Wide Programs

                        wildland fire management

                      (including transfer of funds)

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

[[Page 123 STAT. 1884]]

                        DEPARTMENT OF AGRICULTURE

                             Forest Service

                        wildland fire management

                      (including transfer of funds)

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

                      GENERAL PROVISION--THIS TITLE

    Sec. 701.  Public Law 111-8, division E, title III, Department of 
Health and Human Services, Agency for Toxic Substances and Disease 
Registry, Toxic Substances and Environmental Public Health 
is <<NOTE: Ante, p. 738.>>  amended by inserting ``per eligible 
employee'' after ``$1,000''.

                               TITLE VIII

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

    For an additional amount for ``Refugee and Entrant Assistance'' for 
necessary expenses for unaccompanied alien children as authorized by 
section 462 of the Homeland Security Act of 2002 and section 235 of the 
William Wilberforce Trafficking Victims Protection Reauthorization Act 
of 2008, $82,000,000, to remain available through September 30, 2011.

                         Office of the Secretary

            public health and social services emergency fund

                      (including transfer of funds)

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' to prepare for and respond to an influenza pandemic, 
including the development and purchase of vaccine, antivirals, necessary 
medical supplies, diagnostics, and other surveillance tools and to 
assist international efforts and respond to international needs relating 
to the 2009-H1N1 influenza outbreak, $1,850,000,000, to remain available 
until expended: Provided, That no less than $350,000,000 shall be for 
upgrading State and

[[Page 123 STAT. 1885]]

local capacity: Provided further, That no less than $200,000,000 shall 
be transferred to the Centers for Disease Control and Prevention to 
carry out global and domestic disease surveillance, laboratory capacity 
and research, laboratory diagnostics, risk communication, rapid 
response, and quarantine: Provided further, That products purchased with 
these funds may, at the discretion of the Secretary of Health and Human 
Services (``Secretary''), be deposited in the Strategic National 
Stockpile under section 319F-2 of the Public Health Service Act: 
Provided further, That notwithstanding section 496(b) of the Public 
Health Service Act, funds may be used for the construction or renovation 
of privately owned facilities for the production of pandemic influenza 
vaccine and other biologics, where the Secretary finds such a contract 
necessary to secure sufficient supplies of such vaccines or biologics: 
Provided further, That funds appropriated in this paragraph and not 
specifically designated in this paragraph may be transferred to, and 
merged with, other appropriation accounts of the Department of Health 
and Human Services and other Federal agencies, as determined by the 
Secretary to be appropriate, to be used for the purposes specified in 
this paragraph and to the fund authorized by section 319F-4 of the 
Public Health Service Act: <<NOTE: Consultation.>>  Provided further, 
That transfers to other Federal agencies shall be made in consultation 
with the Director of the Office of Management and 
Budget: <<NOTE: Deadline. Notification.>>  Provided further, That 15 
days prior to transferring any funds in this paragraph, the Secretary 
shall notify the Committees on Appropriations of the House of 
Representatives and the Senate of any such transfer and the planned uses 
of the funds: Provided further, That the transfer authority provided in 
this paragraph is in addition to any other transfer authority available 
in this or any other Act.

    For an additional amount for ``Public Health and Social Services 
Emergency Fund'' to prepare for and respond to an influenza pandemic, 
including the development and purchase of vaccine, antivirals, necessary 
medical supplies, diagnostics, and other surveillance tools and to 
assist international efforts and respond to international needs, 
$5,800,000,000, to remain available until expended: Provided, That 
products purchased with these funds may, at the discretion of the 
Secretary of Health and Human Services, be deposited in the Strategic 
National Stockpile under section 319F-2 of the Public Health Service 
Act: <<NOTE: President. Notices.>>  Provided further, That funds 
provided in this paragraph shall be available for obligation only in the 
amounts designated by the President in one or more written notices to 
the Congress as emergency funds required to address critical needs 
related to emerging influenza viruses: Provided further, That funds 
appropriated in this paragraph may be transferred to, and merged with, 
other appropriation accounts of the Department of Health and Human 
Services and other Federal agencies to be used for the purposes 
specified in this paragraph and to the fund authorized by section 319F-4 
of the Public Health Service Act: <<NOTE: Consultation.>>  Provided 
further, That transfers to other Federal agencies shall be made in 
consultation with the Director of the Office of Management and 
Budget: <<NOTE: Deadline. Obligation plan.>>  Provided further, That 
none of the funds provided in this paragraph shall be made available for 
obligation until 15 days following the submittal of a detailed 
obligation plan to the Committees on Appropriations of the House of 
Representatives and the Senate by the Department of Health and

[[Page 123 STAT. 1886]]

Human Services or any other Federal agency receiving funds: Provided 
further, That such plan shall be coordinated with the Executive Office 
of the President, shall identify the amounts and the activities for 
which funds are specified by the President, and shall be subject to 
reprogramming procedures: Provided further, That the transfer authority 
provided in this paragraph is in addition to any other transfer 
authority available in this or any other Act.

                     GENERAL PROVISIONS--THIS TITLE

                           (transfer of funds)

    Sec. 801.  Section 801(a) of division A of Public Law 111-5 
is <<NOTE: Ante, p. 186.>>  amended by inserting ``, and may be 
transferred by the Department of Labor to any other account within the 
Department for such purposes'' before the end period.

    Sec. 802.  Title II of division F of the Omnibus Appropriations Act, 
2009 (Public Law 111-8) <<NOTE: Ante, p. 775.>>  is amended under the 
heading ``Children and Families Services Programs''--
            (1) by striking the first proviso in its entirety; and
            (2) by striking ``Provided further'' the first place it 
        appears and inserting ``Provided''.

    Sec. 803.  The Commissioner of the Rehabilitation Services 
Administration, or the Director of a designated State unit that has 
approval to make awards under section 723 of the Rehabilitation Act, may 
allocate funds appropriated under the American Reinvestment and Recovery 
Act of 2009 (Public Law 111-5) (``ARRA'') for the Centers for 
Independent Living Program among centers in a State without regard to 
the priority in section 722(e)(3) or section 723(e)(3) of the 
Rehabilitation Act of 1973 for funding new centers if the allocation is 
consistent with the provisions of the State plan submitted under section 
704 of the Rehabilitation Act and approved by the Commissioner. Such 
funds and other Independent Living funds available under ARRA that are 
being set aside by the Department of Education for competitive grants 
may be used to support multi-year grants of up to 5 years and may be 
expended by any recipients of such multi-year grants during the project 
period of the grant, notwithstanding any provision in the Rehabilitation 
Act limiting the period of availability for obligation or expenditure by 
the grantee.

                      (including transfer of funds)

    Sec. 804. (a) <<NOTE: Time period.>>  Notwithstanding any other 
provision of law, during the period from September 1 through September 
30, 2009, the Secretary of Education shall transfer to the Career, 
Technical, and Adult Education account an amount not to exceed 
$10,260,000 from amounts that would otherwise lapse at the end of fiscal 
year 2009 and that were originally made available under the Department 
of Education Appropriations Act, 2009 or any Department of Education 
Appropriations Act for a previous fiscal year.

    (b) Funds <<NOTE: Deadline.>>  transferred under this section to the 
Career, Technical, and Adult Education account shall be obligated by 
September 30, 2009.

    (c) Any <<NOTE: Grants.>>  amounts transferred pursuant to this 
section shall be for carrying out Adult Education State Grants, and 
shall be allocated, notwithstanding any other provision of law, only to 
those States that received funds under that program for fiscal year 2009

[[Page 123 STAT. 1887]]

that were at least 9.9 percent less than those States received under 
that program for fiscal year 2008.

    (d) The Secretary shall use these additional funds to increase those 
States' allocations under that program up to the amount they received 
under that program for fiscal year 2008.
    (e) The <<NOTE: Notification.>>  Secretary shall notify the 
Committees on Appropriations of both Houses of Congress of any transfer 
pursuant to this section.

                                TITLE IX

                           LEGISLATIVE BRANCH

                             CAPITOL POLICE

                            General Expenses

    For an additional amount for ``Capitol Police, General Expenses'', 
$71,606,000, to purchase and install a new radio system for the U.S. 
Capitol Police, to remain available until September 30, 
2012: <<NOTE: Obligation plan.>>  Provided, That the Chief of the 
Capitol Police may not obligate any of the funds appropriated under this 
heading without approval of an obligation plan by the Committees on 
Appropriations of the Senate and the House of Representatives.

                       CONGRESSIONAL BUDGET OFFICE

                          Salaries and Expenses

    For an additional amount for ``Salaries and Expenses'', $2,000,000, 
to remain available until September 30, 2010.

                                 TITLE X

                          DEPARTMENT OF DEFENSE

                       Military Construction, Army

                         (including rescission)

    For an additional amount for ``Military Construction, Army'', 
$1,326,231,000, of which $680,850,000 shall remain available until 
September 30, 2010, and of which $645,381,000 for child development 
centers, warrior in transition facilities, hurricane damage repair, and 
planning and design shall remain available until September 30, 2013: 
Provided, That notwithstanding any other provision of law, such funds 
may be obligated and expended to carry out planning and design and 
military construction projects not otherwise authorized by law: Provided 
further, That of the funds provided under this heading, not to exceed 
$68,081,000 shall be available for study, planning, design, and 
architect and engineer services: Provided further, 
That <<NOTE: Afghanistan. Certification.>>  none of the funds provided 
under this heading for military construction projects in Afghanistan 
shall be obligated or expended until the Secretary of Defense certifies 
to the Committees on Appropriations of both Houses of Congress that a 
prefinancing statement for each project has been submitted to the North 
Atlantic Treaty Organization (NATO) for consideration of funding by the 
NATO Security Investment Program: Provided further, That, 
notwithstanding any other provision of this Act, of

[[Page 123 STAT. 1888]]

the funds provided under this heading, $143,242,000 are designated as an 
emergency requirement and necessary to meet emergency needs pursuant to 
sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 2010: Provided 
further, That of the funds appropriated for ``Military Construction, 
Army'' under Public Law 110-252, $143,242,000 are hereby rescinded.

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and 
Marine Corps'', $235,881,000, to remain available until September 30, 
2013: Provided, That notwithstanding any other provision of law, such 
funds may be obligated and expended to carry out planning and design and 
military construction projects not otherwise authorized by law: Provided 
further, That of the funds provided under this heading, not to exceed 
$11,000,000 shall be available for study, planning, design, and 
architect and engineer services.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$281,620,000, of which $258,150,000 shall remain available until 
September 30, 2010, and of which $23,470,000 for child development 
centers and planning and design shall remain available until September 
30, 2013: Provided, That notwithstanding any other provision of law, 
such funds may be obligated and expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law: Provided further, That of the funds provided under this heading, 
not to exceed $12,070,000 shall be available for study, planning, 
design, and architect and engineer services: Provided further, 
That <<NOTE: Afghanistan. Certification.>>  none of the funds provided 
under this heading for military construction projects in Afghanistan 
shall be obligated or expended until the Secretary of Defense certifies 
to the Committees on Appropriations of both Houses of Congress that a 
prefinancing statement for each project has been submitted to the North 
Atlantic Treaty Organization (NATO) for consideration of funding by the 
NATO Security Investment Program.

                   Military Construction, Defense-Wide

    For an additional amount for ``Military Construction, Defense-
Wide'', $661,552,000, to remain available until September 30, 2013: 
Provided, That notwithstanding any other provision of law, such funds 
may be obligated and expended to carry out planning and design and 
military construction projects in the United States not otherwise 
authorized by law: Provided further, That of the amount provided under 
this heading, $169,500,000 shall be for the construction of a National 
Security Agency data center and $488,000,000 shall be for the 
construction of hospitals: Provided further, That $1,589,500,000 is 
hereby authorized for the National Security Agency data center for 
fiscal years 2009 through 2013 for the purposes of this 
appropriation: <<NOTE: Deadline. Expenditure plan.>>  Provided further, 
That not later than 30 days after the enactment of this Act, the 
Secretary of Defense shall submit to the Committees on Appropriations of 
both Houses of Congress an expenditure plan for the funds provided for 
hospital construction under this heading.

[[Page 123 STAT. 1889]]

     North Atlantic Treaty Organization Security Investment Program

    For an additional amount for ``North Atlantic Treaty Organization 
Security Investment Program'', $100,000,000, to remain available until 
expended: Provided, That notwithstanding any other provision of law, 
such funds are authorized for the North Atlantic Treaty Security 
Investment Program for purposes of section 2806 of title 10, United 
States Code, and section 2502 of the Military Construction Authorization 
Act for Fiscal Year 2009 (division B of Public Law 110-417).

             Department of Defense Base Closure Account 2005

    For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $263,300,000, to remain 
available until expended: Provided, That notwithstanding any other 
provision of law, such funds may be obligated and expended to carry out 
operation and maintenance, planning and design and military construction 
projects not otherwise authorized by law.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 1001.  None of the funds appropriated in this or any other Act 
may be used to disestablish, reorganize, or relocate the Armed Forces 
Institute of Pathology, except for the Armed Forces Medical Examiner and 
the National Museum of Health and Medicine, until the President has 
established, as required by section 722 of the National Defense 
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 
199; 10 U.S.C. 176 note), a Joint Pathology Center, and the Joint 
Pathology Center is demonstrably performing the minimum requirements set 
forth in section 722 of the National Defense Authorization Act for 
Fiscal Year 2008.
    Sec. 1002. (a) Entitlement.--Section 3311 of title 38, United States 
Code, is amended--
            (1) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(9) An individual who is the child of a person who, on or 
        after September 11, 2001, dies in line of duty while serving on 
        active duty as a member of the Armed Forces.''; and
            (2) by adding at the end the following new subsection:

    ``(f) Marine Gunnery Sergeant John David Fry Scholarship.--
            ``(1) In general.--Educational assistance payable by reason 
        of paragraph (9) of subsection (b) shall be known as the `Marine 
        Gunnery Sergeant John David Fry scholarship'.
            ``(2) Definition of child.--For purposes of that paragraph, 
        the term `child' includes a married individual or an individual 
        who is above the age of twenty-three years.''.

    (b) Amount.--Section 3313(c)(1) of such title is amended by striking 
``section 3311(b)(1) or 3311(b)(2)'' and inserting ``paragraph (1), (2), 
or (9) of section 3311(b)''.
    (c) Time Limitation for Use.--Section 3321(b) of such title is 
amended by adding at the end the following new paragraph:

[[Page 123 STAT. 1890]]

            ``(4) Applicability to children of deceased members.--The 
        period <<NOTE: Expiration date.>>  during which an individual 
        entitled to educational assistance by reason of section 
        3311(b)(9) may use such individual's entitlement expires at the 
        end of the 15-year period beginning on the date of such 
        individual's eighteenth birthday.''.

    (d) <<NOTE: 38 USC 3311 note.>>  Effective Date; Applicability.--
            (1) Effective date.--The amendments made by this section 
        shall take effect on August 1, 2009.
            (2) <<NOTE: Payments. Deadline.>>  Applicability.--The 
        Secretary of Veterans Affairs shall begin making payments to 
        individuals entitled to educational assistance by reason of 
        paragraph (9) of section 3311(b) of title 38, United States 
        Code, as added by subsection (a), by not later than August 1, 
        2010. <<NOTE: Time period.>>  In the case of an individual 
        entitled to educational assistance by reason of such paragraph 
        for the period beginning on August 1, 2009, and ending on July 
        31, 2010, the Secretary shall make retroactive payments to such 
        individual for such period by not later than August 1, 2010.

                                TITLE XI

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                    diplomatic and consular programs

                      (including transfer of funds)

    For an additional amount for ``Diplomatic and Consular Programs'', 
$997,890,000, to remain available until September 30, 2010, of which 
$146,358,000 is for Worldwide Security Protection and shall remain 
available until expended: Provided, That the Secretary of State may 
transfer up to $137,600,000 of the funds made available under this 
heading to any other appropriation of any department or agency of the 
United States, upon the concurrence of the head of such department or 
agency, to support operations in and assistance for Afghanistan and to 
carry out the provisions of the Foreign Assistance Act of 1961: Provided 
further, That of the funds appropriated under this heading, up to 
$10,000,000 for public diplomacy activities may be transferred to, and 
merged with, funds made available under the heading ``International 
Broadcasting Operations'' for broadcasting activities to the Pakistan-
Afghanistan border region.

                       office of inspector general

                      (including transfer of funds)

    For an additional amount for ``Office of Inspector General'', 
$24,122,000, to remain available until September 30, 2010, of which 
$7,000,000 shall be transferred to the Special Inspector General for 
Iraq Reconstruction for reconstruction oversight, and $7,200,000 shall 
be transferred to the Special Inspector General for Afghanistan 
Reconstruction for reconstruction oversight: Provided, That the Special 
Inspector General for Afghanistan Reconstruction may exercise the 
authorities of subsections (b) through (i) of section 3161 of title 5, 
United States Code (without regard to subsection (a) of

[[Page 123 STAT. 1891]]

such section) for funds made available for fiscal years 2009 and 2010: 
Provided further, That the Inspector General of the United States 
Department of State and the Broadcasting Board of Governors, the Special 
Inspector General for Iraq Reconstruction, the Special Inspector General 
for Afghanistan Reconstruction, and the Inspector General of the United 
States Agency for International Development shall coordinate and 
integrate the programming of funds made available under this heading in 
fiscal year 2009 for oversight of programs in Afghanistan, Pakistan and 
Iraq: <<NOTE: Deadline. Audit plan.>>  Provided further, That the 
Secretary of State shall submit to the Committees on Appropriations, 
within 30 days of completion, the annual comprehensive audit plan for 
the Middle East and South Asia developed by the Southwest Asia Joint 
Planning Group in accordance with section 842 of Public Law 110-181.

             embassy security, construction, and maintenance

    For an additional amount for ``Embassy Security, Construction, and 
Maintenance'', $921,500,000, to remain available until expended, for 
worldwide security upgrades, acquisition, and construction as 
authorized, and shall be made available for secure diplomatic facilities 
and housing for United States mission staff in Afghanistan and Pakistan, 
and for mobile mail screening units.

                       International Organizations

         contributions for international peacekeeping activities

    For an additional amount for ``Contributions for International 
Peacekeeping Activities'', $721,000,000, to remain available until 
September 30, 2010.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                   Funds Appropriated to the President

                           operating expenses

    For an additional amount for ``Operating Expenses'', $157,600,000, 
to remain available until September 30, 2010.

                         capital investment fund

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

                       office of inspector general

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

[[Page 123 STAT. 1892]]

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

                    global health and child survival

    For an additional amount for ``Global Health and Child Survival'', 
$150,000,000, to remain available until September 30, 2010: Provided, 
That $50,000,000 shall be made available for pandemic preparedness and 
response: Provided further, That $100,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United States 
Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 
(Public Law 108-25), for a United States contribution to the Global Fund 
to Fight AIDS, Tuberculosis and 
Malaria: <<NOTE: President. Determination. Reports. H1N1 virus.>>  
Provided  further, That notwithstanding any other provision of law, to 
include minimum funding requirements or funding directives, if the 
President determines and reports to the Committees on Appropriations 
that the human-to-human transmission of the H1N1 virus is efficient and 
sustained, severe, and is spreading internationally, funds made 
available under the headings ``Global Health and Child Survival'', 
``Development Assistance'', ``Economic Support Fund'', and ``Millennium 
Challenge Corporation'' in prior Acts making appropriations for the 
Department of State, foreign operations, and related programs may be 
made available to combat the H1N1 
virus: <<NOTE: Consultation. Notification.>>  Provided further, That 
funds made available pursuant to the authority of the previous proviso 
shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.

                    international disaster assistance

    For an additional amount for ``International Disaster Assistance'', 
$270,000,000, to remain available until expended.

                          economic support fund

                      (including transfer of funds)

    For an additional amount for ``Economic Support Fund'', 
$2,973,601,000, to remain available until September 30, 2010: Provided, 
That of the funds made available under this heading for assistance for 
the West Bank and Gaza, $2,000,000 shall be transferred to, and merged 
with, funds available under the heading ``United States Agency for 
International Development, Funds Appropriated to the President, Office 
of Inspector General'' to conduct oversight of programs in the West Bank 
and Gaza: Provided further, That of the amounts made available for 
assistance for the West Bank and Gaza, not more than $200,000,000 may be 
made available for cash transfer assistance to the Palestinian 
Authority: Provided further, That none of the funds made available under 
this heading for cash transfer assistance to the Palestinian Authority 
may be obligated for salaries of personnel of the Palestinian Authority 
located in Gaza: Provided further, That of the funds appropriated under 
this heading, up to $10,000,000 may be made available for humanitarian 
assistance in Burma for individuals and communities impacted by Cyclone 
Nargis, notwithstanding any other provision of law: Provided further, 
That of the funds appropriated under this heading for assistance for 
Afghanistan and Pakistan, assistance

[[Page 123 STAT. 1893]]

may be provided notwithstanding any provision of law that restricts 
assistance to foreign countries for cross border stabilization and 
development programs between Afghanistan and Pakistan or between either 
country and the Central Asian republics, and shall be administered by 
the Special Representative for Afghanistan and Pakistan at the 
Department of State: Provided further, That none of the funds 
appropriated in this title for democracy and civil society programs may 
be made available for the construction of facilities in the United 
States.

             assistance for europe, eurasia and central asia

    For an additional amount for ``Assistance for Europe, Eurasia and 
Central Asia'', $272,000,000, to remain available until September 30, 
2010, of which $242,000,000 shall be available for assistance for 
Georgia: <<NOTE: Determination. Reports.>>  Provided, That funds 
appropriated under this heading may be made available for assistance for 
other Eurasian countries to meet unanticipated requirements only if the 
Secretary of State determines and reports to the Committees on 
Appropriations that to do so is in the national security interests of 
the United States: Provided further, That of the funds appropriated 
under this heading, $30,000,000 may be made available for assistance for 
the Kyrgyz Republic to provide a long-range air traffic control and 
safety system to support air operations in the Kyrgyz Republic, 
including at Manas International Airport, notwithstanding any other 
provision of law: <<NOTE: Consultation. Notification.>>  Provided 
further, That funds appropriated under this heading shall be subject to 
prior consultation with, and the regular notification procedures of, the 
Committees on Appropriations.

                           Department of State

           international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $487,500,000, to remain available until September 30, 
2010: Provided, That not less than $160,000,000 shall be made available 
for assistance for Mexico to combat drug trafficking and related 
violence and organized crime, and for judicial reform, institution 
building, anti-corruption, and rule of law activities: Provided further, 
That <<NOTE: Consultation. Notification. Deadline.>>  funds made 
available pursuant to the previous proviso shall be made available 
subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations, except that 
notifications shall be transmitted at least 5 days in advance of the 
obligation of any funds appropriated under this 
heading: <<NOTE: Mexico.>>  Provided further, That none of the funds 
appropriated in this title may be made available for the cost of fuel 
for aircraft provided to Mexico, or for operations and maintenance of 
aircraft purchased by the Government of Mexico: Provided further, That 
in order to enhance border security and cooperation in law enforcement 
efforts between Mexico and the United States, funds appropriated in this 
title that are available for assistance for Mexico may be made available 
for the procurement of law enforcement communications equipment only if 
such equipment utilizes open standards and is compatible with, and 
capable of operating with, radio communications systems and related 
equipment utilized by Federal law enforcement agencies in the United

[[Page 123 STAT. 1894]]

States to enhance border security and cooperation in law enforcement 
efforts between Mexico and the United States.

     nonproliferation, anti-terrorism, demining and related programs

    For an additional amount for ``Nonproliferation, Anti-Terrorism, 
Demining and Related Programs'', $102,000,000, to remain available until 
September 30, 2010, of which up to $77,000,000 may be made available for 
the Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation, disarmament and weapons destruction, and 
shall remain available until expended: Provided, 
That <<NOTE: Consultation. Notification.>>  funds made available for the 
Nonproliferation and Disarmament Fund shall be subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations:  Provided further, That the Secretary of 
State shall work assiduously to facilitate the regular flow of people 
and licit goods in and out of Gaza at established border crossings.

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$390,000,000, to remain available until expended.

                    INTERNATIONAL SECURITY ASSISTANCE

                   Funds Appropriated to the President

                         peacekeeping operations

    For an additional amount for ``Peacekeeping Operations'', 
$185,000,000, to remain available until September 30, 2010: Provided, 
That up to $168,000,000 may be made available for assistance for 
Somalia, of which up to $115,900,000 may be used to pay assessed 
expenses of international peacekeeping activities in Somalia: Provided 
further, That of the funds appropriated under this heading, $15,000,000 
shall be made available for assistance for the Democratic Republic of 
the Congo and $2,000,000 shall be made available for the Multinational 
Force and Observer mission in the Sinai.

              international military education and training

    For an additional amount for ``International Military Education and 
Training'', $2,000,000, to remain available until September 30, 2010, 
for assistance for Iraq.

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing Program'', 
$1,294,000,000, to remain available until September 30, 2010: Provided, 
That not less than $260,000,000 shall be made available for assistance 
for the Mexican Navy and shall be available notwithstanding section 
7045(e) of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2009 (division H of Public Law 111-8): 
Provided further, That funds made

[[Page 123 STAT. 1895]]

available pursuant to the previous proviso shall be available 
notwithstanding section 36(b) of the Arms Export Control Act: Provided 
further, That of the funds appropriated under this heading, not less 
than $150,000,000 shall be made available for assistance for Jordan: 
Provided further, That <<NOTE: Israel. Deadline.>>  of the funds 
appropriated under this heading, not less than $555,000,000, shall be 
available for grants only for Israel and shall be disbursed not later 
than October 30, 2009: Provided further, That to the extent that the 
Government of Israel requests that funds be used for such purposes, 
grants made available for Israel by this paragraph shall, as agreed by 
the United States and Israel, be available for advanced weapons systems, 
of which $145,965,000 shall be available for the procurement in Israel 
of defense articles and defense services, including research and 
development: Provided further, That of the funds appropriated under this 
heading, not less than $260,000,000 shall be made available for grants 
only for Egypt, including for border security programs and activities in 
the Sinai: <<NOTE: Egypt. Deadline.>>  Provided further, That funds 
appropriated pursuant to the previous proviso estimated to be outlayed 
for Egypt shall be transferred to an interest bearing account for Egypt 
in the Federal Reserve Bank of New York not later than October 30, 2009: 
Provided further, That up to $69,000,000 may be made available for 
assistance for Lebanon.

               pakistan counterinsurgency capability fund

                      (including transfer of funds)

    There is hereby established in the Treasury of the United States a 
special account to be known as the ``Pakistan Counterinsurgency 
Capability Fund''. For necessary expenses to carry out the provisions of 
chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the 
Foreign Assistance Act of 1961 and section 23 of the Arms Export Control 
Act for counterinsurgency activities in Pakistan, $700,000,000, which 
shall become available on September 30, 2009, and remain available until 
September 30, 2011: Provided, That such funds shall be available to the 
Secretary of State, with the concurrence of the Secretary of Defense, 
notwithstanding any other provision of law, for the purpose of providing 
assistance for Pakistan to build and maintain the counterinsurgency 
capability of Pakistani security forces (including the Frontier Corps), 
to include program management and the provision of equipment, supplies, 
services, training, and facility and infrastructure repair, renovation, 
and construction: Provided further, That such funds may be transferred 
by the Secretary of State to the Department of Defense or other Federal 
departments or agencies to support counterinsurgency operations and may 
be merged with and be available for the same purposes and for the same 
time period as the appropriation or fund to which transferred, or may be 
transferred pursuant to the authorities contained in the Foreign 
Assistance Act of 1961: Provided further, 
That <<NOTE: Deadline. Notification.>>  the Secretary of State shall, 
not fewer than 15 days prior to making transfers from this 
appropriation, notify the Committees on Appropriations, and the 
congressional defense and foreign affairs committees, in writing of the 
details of any such transfer: Provided further, 
That <<NOTE: Deadline. Reports.>>  the Secretary of State shall submit 
not later than 30 days after the end of each fiscal quarter to the 
Committees on Appropriations a report summarizing, on a project-by-
project basis, the transfer

[[Page 123 STAT. 1896]]

of funds from this appropriation: Provided further, 
That <<NOTE: Determination.>>  upon determination by the Secretary of 
Defense or head of other Federal department or agency, with the 
concurrence of the Secretary of State, that all or part of the funds so 
transferred from this appropriation are not necessary for the purposes 
herein, such amounts may be transferred by the head of the relevant 
Federal department or agency back to this appropriation and shall be 
available for the same purposes and for the same time period as 
originally appropriated: Provided further, That any required 
notification or report may be submitted in classified or unclassified 
form.

                     GENERAL PROVISIONS--THIS TITLE

                        extension of authorities

    Sec. 1101.  Funds appropriated in this title may be obligated and 
expended notwithstanding section 10 of Public Law 91-672, section 15 of 
the State Department Basic Authorities Act of 1956, section 313 of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public 
Law 103-236), and section 504(a)(1) of the National Security Act of 1947 
(50 U.S.C. 414(a)(1)).

                               afghanistan

    Sec. 1102. (a) In General.--Funds appropriated in this title under 
the heading ``Economic Support Fund'' that are available for assistance 
for Afghanistan shall be made available, to the maximum extent 
practicable, in a manner that utilizes Afghan entities and emphasizes 
the participation of Afghan women and directly improves the security, 
economic and social well-being, and political status, of Afghan women 
and girls.
    (b) Assistance for Women and Girls.--
            (1) Funds appropriated in this title for assistance for 
        Afghanistan shall comply with sections 7062 and 7063 of Public 
        Law 111-8, and shall be made available to support programs that 
        increase participation by women in the political process, 
        including at the national, provincial, and sub-provincial 
        levels, and in efforts to improve security in Afghanistan.
            (2) Of the funds appropriated for assistance for Afghanistan 
        in fiscal year 2009 under the headings ``Economic Support Fund'' 
        and ``International Narcotics Control and Law Enforcement'', not 
        less than $150,000,000 shall be made available to support 
        programs that directly address the needs of Afghan women and 
        girls, including for the Afghan Independent Human Rights 
        Commission, the Afghan Ministry of Women's Affairs, and for 
        women-led nongovernmental organizations.

    (c) Procurement of Afghan Products and Services.--
            (1) In general.--Funds made available for assistance for 
        Afghanistan in this title and in prior acts appropriating funds 
        for Department of State, foreign operations, and related 
        programs, may be used to conduct procurements and to award 
        assistance instruments in which--
                    (A) competition is limited to products, services, or 
                sources that are from Afghanistan;
                    (B) procedures other than competitive procedures are 
                used to award a contract or assistance instrument to a 
                particular source or sources from Afghanistan; or

[[Page 123 STAT. 1897]]

                    (C) a preference is provided for products, services, 
                or sources that are from Afghanistan.
            (2) Products, services, and sources from afghanistan.--For 
        the purposes of this section:
                    (A) A product is from Afghanistan if it is mined, 
                produced, or manufactured in Afghanistan.
                    (B) A service is from Afghanistan if it is performed 
                in Afghanistan by citizens or permanent resident aliens 
                of Afghanistan.
                    (C) A source is from Afghanistan if it--
                          (i) is located in Afghanistan; and
                          (ii) offers products or services that are from 
                      Afghanistan.
            (3) Reporting and consulting requirement.--Not less than 180 
        days after enactment of this Act the Secretary of State shall 
        submit a report to the Committees on Appropriations on efforts 
        undertaken by the Department of State and the United States 
        Agency for International Development (USAID) to utilize this 
        authority in order to enhance participation by Afghan entities 
        in development activities in Afghanistan: Provided, That the 
        Secretary of State and the Administrator of USAID shall consult 
        with the Committees on Appropriations regarding the exercise of 
        the authority of this subsection and prior to submitting the 
        report required by this paragraph: Provided further, That the 
        exercise of such authority in excess of $15,000,000 for any 
        single contract or assistance instrument is subject to the 
        regular notification procedures of the Committees on 
        Appropriations.

    (d) Anticorruption.--Ten percent of the funds appropriated under the 
heading ``International Narcotics Control and Law Enforcement'' that are 
available for assistance for the Government of Afghanistan shall be 
withheld from obligation until the Secretary of State reports to the 
Committees on Appropriations that the Government of Afghanistan is 
implementing a policy to promptly remove from office any government 
official who is credibly alleged to have engaged in narcotics 
trafficking, gross violations of human rights, or other major crimes.
    (e) Acquisition of Property.--Not more than $20,000,000 of the funds 
appropriated in this title should be made available to pay for the 
acquisition of property for diplomatic facilities in Afghanistan.
    (f) United Nations Development Program.--Funds appropriated in this 
title may be made available for programs and activities of the United 
Nations Development Program (UNDP) in Afghanistan if the Secretary of 
State reports to the Committees on Appropriations that UNDP is fully 
cooperating with efforts of the United States Agency for International 
Development (USAID) to investigate expenditures by UNDP of USAID funds 
associated with the Quick Impact Program in Afghanistan.
    (g) National Solidarity Program.--Of the funds appropriated in this 
title under the heading ``Economic Support Fund'' that are available for 
assistance for Afghanistan, not less than $70,000,000 shall be made 
available for the National Solidarity Program.
    (h) Airwings.--The uses and oversight of aircraft purchased or 
leased by the Department of State and the United States Agency for 
International Development by funds appropriated by this Act

[[Page 123 STAT. 1898]]

or prior Acts making appropriations for the Department of State, foreign 
operations and related programs shall be coordinated under the authority 
of the United States Chief of Mission in Afghanistan: Provided, That 
such aircraft may be used to transport Federal and non-Federal personnel 
supporting the Department of State and United States Agency for 
International Development programs and activities: Provided further, 
That official travel for other agencies for other purposes may be 
supported on a reimbursable basis, or without reimbursement when 
traveling on a space available basis.

                               allocations

    Sec. 1103. (a) Funds appropriated in this title for the following 
accounts shall be made available for programs and countries in the 
amounts contained in the respective tables included in the joint 
statement accompanying this Act:
            (1) ``Diplomatic and Consular Programs''.
            (2) ``Embassy Security, Construction, and Maintenance''.
            (3) ``Economic Support Fund''.
            (4) ``International Narcotics Control and Law Enforcement''.

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

                spending plan and notification procedures

    Sec. 1104. (a) <<NOTE: Deadline. Reports.>>  Spending Plan.--Not 
later than 45 days after the enactment of this Act, the Secretary of 
State, in consultation with the Administrator of the United States 
Agency for International Development, shall submit to the Committees on 
Appropriations a report detailing planned expenditures for funds 
appropriated in this title, except for funds appropriated under the 
headings ``International Disaster Assistance'' and ``Migration and 
Refugee Assistance''.

    (b) Notification.--Funds made available in this title shall be 
subject to the regular notification procedures of the Committees on 
Appropriations and section 634A of the Foreign Assistance Act of 1961.

                         global financial crisis

    Sec. 1105. (a) In General.--Of the funds appropriated in this title 
under the heading ``Economic Support Fund'', not more than $255,601,000 
may be made available for assistance for vulnerable populations in 
developing countries severely affected by the global financial crisis 
that--
            (1) have a 2007 per capita Gross National Income of $3,705 
        or less;
            (2) have seen a contraction in predicted growth rates of 2 
        percent or more since 2007; and

[[Page 123 STAT. 1899]]

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

    (b) Transfer Authorities.--Of the funds appropriated in this title 
under the heading ``Economic Support Fund'' for developing countries 
impacted by the global financial crisis--
            (1) up to $29,000,000 may be transferred and merged with 
        ``Development Credit Authority'', for the cost of direct loans 
        and loan guarantees notwithstanding the dollar limitations in 
        such account on transfers to the account and the principal 
        amount of loans made or guaranteed with respect to any single 
        country or borrower: Provided, That such transferred funds may 
        be available to subsidize total loan principal, any portion of 
        which is to be guaranteed, of up to $2,000,000,000: Provided 
        further, That the authority provided by the previous proviso is 
        in addition to authority provided under the heading 
        ``Development Credit Authority'' in Public Law 111-8: Provided 
        further, That up to $1,500,000 may be for administrative 
        expenses to carry out credit programs administered by the United 
        States Agency for International Development; and
            (2) up to $20,000,000 may be transferred to, and merged 
        with, ``Overseas Private Investment Corporation Program 
        Account'': Provided, That the authority provided in this 
        paragraph is in addition to authority provided in section 7081 
        in Public Law 111-8.

    (c) Reprogramming Authority.--Notwithstanding any other provision of 
law, funds appropriated under the heading ``Millennium Challenge 
Corporation'' (MCC) in prior Acts making appropriations for the 
Department of State, foreign operations, and related programs may be 
made available for programs and activities to assist vulnerable 
populations severely affected by the global financial crisis in a 
country that has signed a compact with the MCC or has been designated by 
the MCC as a threshold country: Provided, That such a modification of a 
compact or threshold program by the MCC should be made, if practicable, 
prior to making available additional assistance for such purposes: 
Provided further, That <<NOTE: Consultation.>>  the MCC shall consult 
with the Committees on Appropriations prior to exercising the authority 
of this subsection.

    (d) Report.--The Secretary of State, in consultation with the 
Administrator of the United States Agency for International Development 
(USAID), shall submit a spending plan not later than 45 days after the 
date of enactment of this Act to the Committees on Appropriations, and 
prior to the initial obligation of funds appropriated for countries 
impacted by the global economic crisis, detailing the use of all funds 
on a country-by-country, and project-by-project basis: Provided, That 
for each project, the report shall include (1) the projected long-term 
economic impact of providing such funds; (2) the name of the entity or 
implementing organization to which funds are being provided; (3) whether 
funds will be provided as a direct cash transfer to a local or national 
government entity; and (4) an assessment of whether USAID has reviewed 
its existing programs in such country to determine reprogramming 
opportunities to increase assistance for vulnerable populations: 
Provided further, That funds transferred to the Development Credit 
Authority and the Overseas Private Investment Corporation are subject to 
the reporting requirements in section 1104.

[[Page 123 STAT. 1900]]

                                  iraq

    Sec. 1106. (a) In General.--Funds appropriated in this title that 
are available for assistance for Iraq shall be made available, to the 
maximum extent practicable, in a manner that utilizes Iraqi entities.
    (b) Matching Requirement.--Funds appropriated in this title for 
assistance for Iraq shall be made available in accordance with the 
Department of State's April 9, 2009, ``Guidelines for Government of Iraq 
Financial Participation in United States Government-Funded Civilian 
Foreign Assistance Programs and Projects''.
    (c) Other Assistance.--Of the funds appropriated in this title under 
the heading ``Economic Support Fund'', not less than $15,000,000 shall 
be made available for targeted development programs and activities in 
areas of conflict in Iraq, and the responsibility for policy decisions 
and justifications for the use of such funds shall be the responsibility 
of the United States Chief of Mission in Iraq.

                   prohibition on assistance to hamas

    Sec. 1107. (a) <<NOTE: Reports.>>  None of the funds appropriated in 
this title may be made available for assistance to Hamas, or any entity 
effectively controlled by Hamas or any power-sharing government of which 
Hamas is a member.

    (b) Notwithstanding <<NOTE: President. Certification.>>  the 
limitation of subsection (a), assistance may be provided to a power-
sharing government only if the President certifies in writing and 
reports to the Committees on Appropriations that such government, 
including all of its ministers or such equivalent, has publicly accepted 
and is complying with the principles contained in section 620K(b)(1)(A) 
and (B) of the Foreign Assistance Act of 1961.

    (c) The President may exercise the authority in section 620K(e) of 
the Foreign Assistance Act as added by the Palestinian Anti-Terrorism 
Act of 2006 (Public Law 109-446) with respect to this section.
    (d) Whenever <<NOTE: Deadline.>>  the certification pursuant to 
subsection (b) is exercised, the Secretary of State shall submit a 
report to the Committees on Appropriations within 120 days of the 
certification and every quarter thereafter on whether such government, 
including all of its ministers or such equivalent, are continuing to 
comply with the principles contained in section 620K(b)(1)(A) and (B) of 
the Foreign Assistance Act of 1961. The report shall also detail the 
amount, purposes and delivery mechanisms for any assistance provided 
pursuant to the abovementioned certification and a full accounting of 
any direct support of such government.

                          terms and conditions

    Sec. 1108.  Unless otherwise provided for in this Act, funds 
appropriated or otherwise made available in this title shall be 
available under the authorities and conditions provided in the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111-8), except that 
sections 7070(e), with respect to funds made available for macroeconomic 
growth assistance for Zimbabwe, and 7042(a) and (c) of such Act shall 
not apply to funds made available in this title.

[[Page 123 STAT. 1901]]

              multilateral development bank replenishments

    Sec. 1109. (a) International Development Association.--The 
International Development Association Act (22 U.S.C. 284 et seq.) is 
amended by adding at the end thereof the following:
``SEC. 24. <<NOTE: 22 USC 284v.>>  FIFTEENTH REPLENISHMENT.

    ``(a) The United States Governor of the International Development 
Association is authorized to contribute on behalf of the United States 
$3,705,000,000 to the fifteenth replenishment of the resources of the 
Association, subject to obtaining the necessary appropriations.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, $3,705,000,000 for payment by the Secretary of 
the Treasury.
``SEC. 25. <<NOTE: 22 USC 284w.>>  MULTILATERAL DEBT RELIEF.

    ``(a) The Secretary of the Treasury is authorized to contribute, on 
behalf of the United States, not more than $356,000,000 to the 
International Development Association for the purpose of funding debt 
relief under the Multilateral Debt Relief Initiative in the period 
governed by the fifteenth replenishment of resources of the 
International Development Association, subject to obtaining the 
necessary appropriations and without prejudice to any funding 
arrangements in existence on the date of the enactment of this section.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, not more than $356,000,000 for payment by the 
Secretary of the Treasury.
    ``(c) In this section, the term `Multilateral Debt Relief 
Initiative' means the proposal set out in the G8 Finance Ministers' 
Communique entitled `Conclusions on Development,' done at London, June 
11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit 
on July 8, 2005.''.
    (b) African Development Fund.--The African Development Fund Act (22 
U.S.C. 290 et seq.) is amended by adding at the end thereof the 
following:
``SEC. 219. <<NOTE: 22 USC 290g-18.>>  ELEVENTH REPLENISHMENT.

    ``(a) The United States Governor of the African Development Fund is 
authorized to contribute on behalf of the United States $468,165,000 to 
the eleventh replenishment of the resources of the Fund, subject to 
obtaining the necessary appropriations.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, $468,165,000 for payment by the Secretary of the 
Treasury.
``SEC. 220. <<NOTE: 22 USC 290g-19.>>  MULTILATERAL DEBT RELIEF 
                        INITIATIVE.

    ``(a) The Secretary of the Treasury is authorized to contribute, on 
behalf of the United States, not more than $26,000,000 to the African 
Development Fund for the purpose of funding debt relief under the 
Multilateral Debt Relief Initiative in the period governed by the 
eleventh replenishment of resources of the African Development Fund, 
subject to obtaining the necessary appropriations and

[[Page 123 STAT. 1902]]

without prejudice to any funding arrangements in existence on the date 
of the enactment of this section.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, not more than $26,000,000 for payment by the 
Secretary of the Treasury.''.

            promotion of policy goals at the world bank group

    Sec. 1110.  Title XVI of the International Financial Institutions 
Act (22 U.S.C. 262p et seq.) is amended by adding at the end thereof the 
following:
``SEC. 1626. <<NOTE: 22 USC 262p-9.>>  REFORM OF THE `DOING 
                          BUSINESS' REPORT OF THE WORLD BANK.

    ``(a) The Secretary of the Treasury shall instruct the United States 
Executive Directors at the International Bank for Reconstruction and 
Development, the International Development Association, and the 
International Finance Corporation of the following United States policy 
goals, and to use the voice and vote of the United States to actively 
promote and work to achieve these goals:
            ``(1) Suspension of the use of the `Employing Workers' 
        Indicator for the purpose of ranking or scoring country 
        performance in the annual Doing Business Report of the World 
        Bank until a set of indicators can be devised that fairly 
        represent the value of internationally recognized workers' 
        rights, including core labor standards, in creating a stable and 
        favorable environment for attracting private investment. The 
        indicators shall bring to bear the experiences of the member 
        governments in dealing with the economic, social and political 
        complexity of labor market issues. The indicators should be 
        developed through collaborative discussions with and between the 
        World Bank, the International Finance Corporation, the 
        International Labor Organization, private companies, and labor 
        unions.
            ``(2) Elimination of the `Labor Tax and Social 
        Contributions' Subindicator from the annual Doing Business 
        Report of the World Bank.
            ``(3) Removal of the `Employing Workers' Indicator as a 
        `guidepost' for calculating the annual Country Policy and 
        Institutional Assessment score for each recipient country.

    ``(b) Within <<NOTE: Deadline. Instructions. Web posting.>>  60 days 
after the date of the enactment of this section, the Secretary of the 
Treasury shall provide an instruction to the United States Executive 
Directors referred to in subsection (a) to take appropriate actions with 
respect to implementing the policy goals of the United States set forth 
in subsection (a), and such instruction shall be posted on the website 
of the Department of the Treasury.
``SEC. 1627. <<NOTE: 22 USC 262p-10.>>  ENHANCING THE TRANSPARENCY 
                          AND EFFECTIVENESS OF THE INSPECTION 
                          PANEL PROCESS OF THE WORLD BANK.

    ``(a) Enhancing Transparency in Implementation of Management Action 
Plans.--The Secretary <<NOTE: Public information. Reports.>>  of the 
Treasury shall direct the United States Executive Directors at the World 
Bank to seek to ensure that World Bank Procedure 17.55, which 
establishes the operating procedures of Management with regard to the 
Inspection Panel, provides that Management prepare and make

[[Page 123 STAT. 1903]]

available to the public semiannual progress reports describing 
implementation of Action Plans considered by the Board; allow and 
receive comments from Requesters and other Affected Parties for two 
months after the date of disclosure of the progress reports; post these 
comments on World Bank and Inspection Panel websites (after receiving 
permission from the requestors to post with or without attribution); 
submit the reports to the Board with any comments received; and make 
public the substance of any actions taken by the Board after Board 
consideration of the reports.

    ``(b) Safeguarding the Independence and Effectiveness of the 
Inspection Panel.--The Secretary of the Treasury shall direct the United 
States Executive Directors at the World Bank to continue to promote the 
independence and effectiveness of the Inspection Panel, including by 
seeking to ensure the availability of, and access by claimants to, the 
Inspection Panel for projects supported by World Bank resources.
    ``(c) Evaluation of Country Systems.--The Secretary of the Treasury 
shall direct the United States Executive Directors at the World Bank to 
request an evaluation by the Independent Evaluation Group on the use of 
country environmental and social safeguard systems to determine the 
degree to which, in practice, the use of such systems provides the same 
level of protection at the project level as do the policies and 
procedures of the World Bank.
    ``(d) World Bank Defined.--In this section, the term `World Bank' 
means the International Bank for Reconstruction and Development and the 
International Development Association.''.

         climate change mitigation and greenhouse gas accounting

    Sec. 1111.  Title XIII of the International Financial Institutions 
Act (22 U.S.C. 262m et seq.) is amended by adding at the end thereof the 
following:
``SEC. 1308. <<NOTE: 22 USC 262m-8.>>  CLIMATE CHANGE MITIGATION 
                          AND GREENHOUSE GAS ACCOUNTING.

    ``(a) Use of Greenhouse Gas Accounting.--The Secretary of the 
Treasury shall seek to ensure that multilateral development banks (as 
defined in section 1701(c)(4) of this Act) adopt and implement 
greenhouse gas accounting in analyzing the benefits and costs of 
individual projects (excluding those with de minimus greenhouse gas 
emissions) for which funding is sought from the bank.
    ``(b) Expansion of Climate Change Mitigation Activities.--The 
Secretary of the Treasury shall work to ensure that the multilateral 
development banks (as defined in section 1701(c)(4)) expand their 
activities supporting climate change mitigation by--
            ``(1) significantly expanding support for investments in 
        energy efficiency and renewable energy, including zero carbon 
        technologies;
            ``(2) reviewing all proposed infrastructure investments to 
        ensure that all opportunities for integrating energy efficiency 
        measures have been considered;
            ``(3) increasing the dialogue with the governments of 
        developing countries regarding--
                    ``(A) analysis and policy measures needed for low 
                carbon emission economic development; and

[[Page 123 STAT. 1904]]

                    ``(B) reforms needed to promote private sector 
                investments in energy efficiency and renewable energy, 
                including zero carbon technologies; and
            ``(4) integrate low carbon emission economic development 
        objectives into multilateral development bank country 
        strategies.

    ``(c) Report to Congress.--Not later than 1 year after the date of 
the enactment of this section, and annually thereafter, the Secretary of 
the Treasury shall submit a report on the status of efforts to implement 
this section to the Committee on Foreign Relations and the Committee on 
Appropriations of the Senate and the Committee on Financial Services and 
the Committee on Appropriations of the House of Representatives.''.

                  multilateral development bank reform

    Sec. 1112. (a) Budget Disclosure.--The Secretary of the Treasury 
shall seek to ensure that the multilateral development banks make 
timely, public disclosure of their operating budgets including expenses 
for staff, consultants, travel and facilities.
    (b) Evaluation.--The Secretary of the Treasury shall seek to ensure 
that multilateral development banks rigorously evaluate the development 
impact of selected bank projects, programs, and financing operations, 
and emphasize use of random assignment in conducting such evaluations, 
where appropriate and to the extent feasible.
    (c) Extractive Industries.--The Secretary of the Treasury shall 
direct the United States Executive Directors at the multilateral 
development banks to promote the endorsement of the Extractive Industry 
Transparency Initiative (EITI) by these institutions and the integration 
of the principles of the EITI into extractive industry-related projects 
that are funded by the multilateral development banks.
    (d) Report.--Not later than September 30, 2009, the Secretary of the 
Treasury shall submit a report to the Committee on Appropriations and 
the Committee on Foreign Relations of the Senate, and the Committee on 
Appropriations and the Committee on Financial Services of the House of 
Representatives, detailing actions taken by the multilateral development 
banks to achieve the objectives of this section.
    (e) Coordination of Development Policy.--The Secretary of the 
Treasury shall consult with the Secretary of State, the Administrator of 
the United States Agency for International Development, and other 
Federal agencies, as appropriate, in the formulation and implementation 
of United States policy relating to the development activities of the 
World Bank Group.

                  overseas comparability pay adjustment

    Sec. 1113. (a) Subject to such regulations prescribed by the 
Secretary of State, including with respect to phase-in schedule and 
treatment as basic pay, and notwithstanding any other provision of law, 
funds appropriated for this fiscal year in this or any other Act may be 
used to pay an eligible member of the Foreign Service as defined in 
subsection (b) of this section a locality-based comparability payment 
(stated as a percentage) up to the amount of the locality-based 
comparability payment (stated as a percentage) that would be payable to 
such member under section 5304 of title

[[Page 123 STAT. 1905]]

5, United States Code if such member's official duty station were in the 
District of Columbia.
    (b) A member of the Service shall be eligible for a payment under 
this section only if the member is designated class 1 or below for 
purposes of section 403 of the Foreign Service Act of 1980 (22 U.S.C. 
3963) and the member's official duty station is not in the continental 
United States or in a non-foreign area, as defined in section 591.205 of 
title 5, Code of Federal Regulations.
    (c) The amount of any locality-based comparability payment that is 
paid to a member of the Foreign Service under this section shall be 
subject to any limitations on pay applicable to locality-based 
comparability payments under section 5304 of title 5, United States 
Code.

                     refugee programs and oversight

                      (including transfer of funds)

    Sec. 1114. (a) Funding.--Of the funds appropriated in this title 
under the heading ``Migration and Refugee Assistance'', up to 
$119,000,000 may be made available to the United Nations Relief and 
Works Agency for activities in the West Bank and Gaza.
    (b) Oversight.--Of the funds made available in this title under the 
heading ``Economic Support Fund'' for assistance for the West Bank and 
Gaza, $1,000,000 shall be transferred to, and merged with, funds 
available under the heading ``Administration of Foreign Affairs, Office 
of Inspector General'' for oversight of programs in the West Bank, Gaza 
and surrounding region.

                     technical and other provisions

    Sec. 1115. (a) Modification.--Title III of division H of Public Law 
111-8 is amended under the heading ``Economic Support Fund'' in the 
second proviso <<NOTE: Ante, p. 846.>>  by striking ``up to 
$20,000,000'' and inserting ``not less than $20,000,000''.

    (b) Notification Requirement.--Funds appropriated by this Act that 
are transferred to the Department of State or the United States Agency 
for International Development from any other Federal department or 
agency shall be subject to the regular notification procedures of the 
Committees on Appropriations, notwithstanding any other provision of 
law.
    (c) Reemployment of Annuitants.--
            (1) Section 824 of the Foreign Service Act of 1980 (22 
        U.S.C. 4064) is amended in subsection (g)(1) by inserting ``, 
        Pakistan,'' after ``Iraq'' each place it appears; and, in 
        subsection (g)(2) by striking ``2009'' and inserting instead 
        ``2010''.
            (2) Section 61 of the State Department Basic Authorities Act 
        of 1956 (22 U.S.C. 2733) is amended in subsection (a)(1) by 
        adding ``, Pakistan,'' after ``Iraq'' each place it appears; 
        and, in subsection (a)(2) by striking ``2008'' and inserting 
        instead ``2010''.
            (3) Section 625 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2385) is amended in subsection (j)(1)(A) by adding ``, 
        Pakistan,'' after ``Iraq'' each place it appears; and, in 
        subsection (j)(1)(B) by striking ``2008'' and inserting instead 
        ``2010''.

[[Page 123 STAT. 1906]]

    (d) Incentives for Critical Posts.--Notwithstanding sections 
5753(a)(2)(A) and 5754(a)(2)(A) of title 5, United States Code, 
appropriations made available by this or any other Act may be used to 
pay recruitment, relocation, and retention bonuses under chapter 57 of 
title 5, United States Code to members of the Foreign Service, other 
than chiefs of mission and ambassadors at large, who are on official 
duty in Iraq, Afghanistan, or Pakistan. <<NOTE: Termination date.>>  
This authority shall terminate on October 1, 2010.

    (e) Of the funds appropriated under the heading ``Foreign Military 
Financing Program'' in Public Law 110-161 that are available for 
assistance for Colombia, $500,000 may be transferred to, and merged 
with, funds appropriated under the heading ``International Narcotics 
Control and Law Enforcement'' to provide medical and rehabilitation 
assistance for members of Colombian security forces who have suffered 
severe injuries.

       afghanistan and pakistan commitment and capabilities report

    Sec. 1116. (a) <<NOTE: President.>>  Reporting Requirement.--Not 
later than the date of submission of the fiscal year 2011 budget 
request, the President shall submit a report to the appropriate 
congressional committees, in classified form if necessary, assessing the 
extent to which the Afghan and Pakistani governments are demonstrating 
the necessary commitment, capability, conduct and unity of purpose to 
warrant the continuation of the President's policy announced on March 
27, 2009, to include:
            (1) the level of political consensus and unity of purpose 
        across ethnic, tribal, religious and political party 
        affiliations to confront the political and security challenges 
        facing the region;
            (2) the level of government corruption that undermines such 
        political consensus and unity of purpose, and actions taken to 
        eliminate it;
            (3) the actions taken by respective security forces and 
        appropriate government entities in developing a 
        counterinsurgency capability, conducting counterinsurgency 
        operations and establishing security and governance on the 
        ground;
            (4) the actions taken by respective intelligence agencies in 
        cooperating with the United States on counterinsurgency and 
        counterterrorism operations and in terminating policies and 
        programs, and removing personnel, that provide material support 
        to extremist networks that target United States troops or 
        undermine United States objectives in the region;
            (5) the ability of the Afghan and Pakistani governments to 
        effectively control and govern the territory within their 
        respective borders; and
            (6) the ways in which United States Government assistance 
        contributed, or failed to contribute, to achieving the actions 
        outlined above.

    (b) Policy Assessment.--The President, on the basis of information 
gathered and coordinated by the National Security Council, shall advise 
the appropriate congressional committees on how such assessment 
requires, or does not require, changes to such policy.
    (c) Definition.--For purposes of this section, ``appropriate 
congressional committees'' means the Committees on Appropriations, 
Foreign Relations and Armed Services of the Senate, and

[[Page 123 STAT. 1907]]

the Committees on Appropriations, Foreign Affairs and Armed Services of 
the House of Representatives.

         united states policy report on afghanistan and pakistan

    Sec. 1117. (a) <<NOTE: President.>>  Statement of Objectives.--Not 
later than 90 days after the date of the enactment of this Act, the 
President shall submit to the appropriate congressional committees a 
clear statement of the objectives of United States policy with respect 
to Afghanistan and Pakistan, and the metrics to be utilized to assess 
progress toward achieving such objectives.

    (b) Reporting Requirement.--Not later than March 30, 2010 and every 
180 days thereafter until September 30, 2011, the President, in 
consultation with Coalition partners as appropriate, shall submit to the 
appropriate congressional committees a report, in classified form if 
necessary, setting forth the following:
            (1) a description and assessment of the progress of United 
        States Government efforts, including those of the Department of 
        Defense, the Department of State, the United States Agency for 
        International Development, and the Department of Justice, in 
        achieving the objectives for Afghanistan and Pakistan in 
        subsection (a);
            (2) any modification of the metrics in subsection (a) in 
        light of circumstances in Afghanistan or Pakistan, together with 
        a justification for such modification; and
            (3) recommendations for the additional resources or 
        authorities, if any, required to achieve such objectives for 
        Afghanistan and Pakistan.

    (c) Classification.--Any report submitted in classified form shall 
include an unclassified annex or summary of the matters contained in the 
report.
    (d) Definition.--For purposes of this section, ``appropriate 
congressional committees'' means--
            (1) the Committees on Armed Services, Appropriations, 
        Foreign Relations, Homeland Security and Governmental Affairs, 
        and the Judiciary, and the Select Committee on Intelligence of 
        the Senate; and
            (2) the Committees on Armed Services, Appropriations, 
        Foreign Affairs, Homeland Security, and the Judiciary, and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives.

                                TITLE XII

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary

                        payments to air carriers

                     (airport and airway trust fund)

    In addition to funds made available under Public Law 111-8 and funds 
authorized under subsection 41742(a)(1) of title 49, United States Code, 
to carry out the essential air service program, to be derived from the 
Airport and Airway Trust Fund, $13,200,000, to remain available until 
expended.

[[Page 123 STAT. 1908]]

                     Federal Aviation Administration

                       grants-in-aid for airports

                     (airport and airway trust fund)

                              (rescission)

    Of the amounts authorized under sections 48103 and 48112 of title 
49, United States Code, $13,200,000 are permanently rescinded from 
amounts authorized for the fiscal year ending September 30, 2008.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 1201.  Section 1937(d) of Public Law 109-59 <<NOTE: 119 Stat. 
1510.>>  (119 Stat. 1144, 1510) is amended--
            (1) in paragraph (1) by striking ``expenditures'' each place 
        that it appears and inserting ``allocations''; and
            (2) in paragraph (2) by striking ``expenditure'' and 
        inserting ``allocation''.

    Sec. 1202.  A recipient and subrecipient of funds appropriated in 
Public Law 111-5 and apportioned pursuant to section 5311 and section 
5336 (other than subsection (i)(1) and (j)) of title 49, United States 
Code, may use up to 10 percent of the amount apportioned for the 
operating costs of equipment and facilities for use in public 
transportation or for eligible activities under section 5311(f): 
Provided, That a grant obligating such funds on or after February 17, 
2009, may be amended to allow a recipient and subrecipient to use the 
funds made available for operating assistance: Provided further, 
That <<NOTE: Applicability.>>  applicable chapter 53 requirements apply, 
except for the Federal share which shall be, at the option of the 
recipient, up to 100 percent.

    Sec. 1203.  Public Law 110-329, under the heading ``Project-Based 
Rental Assistance'', <<NOTE: 122 Stat. 3599.>>  is amended by striking 
``project-based vouchers'' and all that follows up to the period and 
inserting ``activities and assistance for the provision of tenant-based 
rental assistance, including related administrative expenses, as 
authorized under the United States Housing Act of 1937, as amended (42 
U.S.C. 1437 et seq.), $80,000,000, to remain available until expended: 
Provided, That <<NOTE: Deadline.>>  such funds shall be made available 
within 60 days of the enactment of this Act: Provided further, 
That <<NOTE: Waiver authority.>>  in carrying out the activities 
authorized under this heading, the Secretary shall waive section 
(o)(13)(B) of the United States Housing Act of 1937 (42 U.S.C. 
1437f(o)(13)(B))''.

    Sec. 1204.  Public Law 111-5 is amended by striking the second 
proviso under the heading ``HOME Investment Partnerships Program'' and 
inserting <<NOTE: Ante, p. 220.>>  ``Provided further, That the housing 
credit agencies in each State shall distribute these funds competitively 
under this heading and pursuant to their qualified allocation plan (as 
defined in section 42(m) of the Internal Revenue Code of 1986) to owners 
of projects who have received or receive simultaneously an award of low-
income housing tax credits under sections 42(h) and 1400N of the 
Internal Revenue Code of 1986:''.

    Sec. 1205.  Notwithstanding Section 1606, amounts made available 
under Division A of Public Law 111-5 for the ``Public Housing Capital 
Fund'' to carry out capital and management activities for public housing 
agencies as authorized under section 9 of the United

[[Page 123 STAT. 1909]]

States Housing Act of 1937 (42 U.S.C. 1437g) shall be subject to 42 
U.S.C. 1437j; for the ``Community Development Fund'' to carry out the 
community development block grant program under title I of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) shall be 
subject to 42 U.S.C. 5310 (or a waiver under 42 U.S.C. 5307(e)(2)); for 
``Native American Housing Block Grants,'' as authorized under title I of 
the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4111 et seq.) (``NAHASDA'') shall be subject to 25 
U.S.C. 4114(b); and for a housing entity eligible to receive funding 
under title VIII of NAHASDA (25 U.S.C. 4221 et seq.) shall be subject to 
25 U.S.C. 4225(b).

 TITLE XIII--CONSUMER ASSISTANCE <<NOTE: Consumer Assistance to Recycle 
and Save Act of 2009. 49 USC 32901 note.>>  TO RECYCLE AND SAVE PROGRAM

    Sec. 1301. Short Title.--This title may be cited as the ``Consumer 
Assistance to Recycle and Save Act of 2009''.
    Sec. 1302. Consumer Assistance to Recycle and Save Program.--(a) 
Establishment.--There is established in the National Highway Traffic 
Safety Administration a voluntary program to be known as the ``Consumer 
Assistance to Recycle and Save Program'' through which the Secretary, in 
accordance with this section and the regulations promulgated under 
subsection (d), shall--
            (1) authorize the issuance of an electronic voucher, subject 
        to the specifications set forth in subsection (c), to offset the 
        purchase price or lease price for a qualifying lease of a new 
        fuel efficient automobile upon the surrender of an eligible 
        trade-in vehicle to a dealer participating in the Program;
            (2) register dealers for participation in the Program and 
        require that all registered dealers--
                    (A) accept vouchers as provided in this section as 
                partial payment or down payment for the purchase or 
                qualifying lease of any new fuel efficient automobile 
                offered for sale or lease by that dealer; and
                    (B) in accordance with subsection (c)(2), to 
                transfer each eligible trade-in vehicle surrendered to 
                the dealer under the Program to an entity for disposal;
            (3) in consultation with the Secretary of the Treasury, make 
        electronic payments to dealers for eligible transactions by such 
        dealers, in accordance with the regulations issued under 
        subsection (d); and
            (4) in consultation with the Secretary of the Treasury and 
        the Inspector General of the Department of Transportation, 
        establish and provide for the enforcement of measures to prevent 
        and penalize fraud under the program.

    (b) Qualifications for and Value of Vouchers.--A voucher issued 
under the Program shall have a value that may be applied to offset the 
purchase price or lease price for a qualifying lease of a new fuel 
efficient automobile as follows:
            (1) $3,500 value.--The voucher may be used to offset the 
        purchase price or lease price of the new fuel efficient 
        automobile by $3,500 if--
                    (A) the new fuel efficient automobile is a passenger 
                automobile and the combined fuel economy value of such 
                automobile is at least 4 miles per gallon higher than 
                the combined fuel economy value of the eligible trade-in 
                vehicle;

[[Page 123 STAT. 1910]]

                    (B) the new fuel efficient automobile is a category 
                1 truck and the combined fuel economy value of such 
                truck is at least 2 miles per gallon higher than the 
                combined fuel economy value of the eligible trade-in 
                vehicle;
                    (C) the new fuel efficient automobile is a category 
                2 truck that has a combined fuel economy value of at 
                least 15 miles per gallon and--
                          (i) the eligible trade-in vehicle is a 
                      category 2 truck and the combined fuel economy 
                      value of the new fuel efficient automobile is at 
                      least 1 mile per gallon higher than the combined 
                      fuel economy value of the eligible trade-in 
                      vehicle; or
                          (ii) the eligible trade-in vehicle is a 
                      category 3 truck of model year 2001 or earlier; or
                    (D) the new fuel efficient automobile is a category 
                3 truck and the eligible trade-in vehicle is a category 
                3 truck of model year of 2001 or earlier and is of 
                similar size or larger than the new fuel efficient 
                automobile as determined in a manner prescribed by the 
                Secretary.
            (2) $4,500 value.--The voucher may be used to offset the 
        purchase price or lease price of the new fuel efficient 
        automobile by $4,500 if--
                    (A) the new fuel efficient automobile is a passenger 
                automobile and the combined fuel economy value of such 
                automobile is at least 10 miles per gallon higher than 
                the combined fuel economy value of the eligible trade-in 
                vehicle;
                    (B) the new fuel efficient automobile is a category 
                1 truck and the combined fuel economy value of such 
                truck is at least 5 miles per gallon higher than the 
                combined fuel economy value of the eligible trade-in 
                vehicle; or
                    (C) the new fuel efficient automobile is a category 
                2 truck that has a combined fuel economy value of at 
                least 15 miles per gallon and the combined fuel economy 
                value of such truck is at least 2 miles per gallon 
                higher than the combined fuel economy value of the 
                eligible trade-in vehicle and the eligible trade-in 
                vehicle is a category 2 truck.

    (c) Program Specifications.--
            (1) Limitations.--
                    (A) General period of eligibility.--A 
                voucher <<NOTE: Vouchers.>>  issued under the Program 
                shall be used only in connection with the purchase or 
                qualifying lease of new fuel efficient automobiles that 
                occur between July 1, 2009 and November 1, 2009.
                    (B) Number of vouchers per person and per trade-in 
                vehicle.--Not more than 1 voucher may be issued for a 
                single person and not more than 1 voucher may be issued 
                for the joint registered owners of a single eligible 
                trade-in vehicle.
                    (C) No combination of vouchers.--Only 1 voucher 
                issued under the Program may be applied toward the 
                purchase or qualifying lease of a single new fuel 
                efficient automobile.
                    (D) Cap on funds for category 3 trucks.--Not more 
                than 7.5 percent of the total funds made available for

[[Page 123 STAT. 1911]]

                the Program shall be used for vouchers for the purchase 
                or qualifying lease of category 3 trucks.
                    (E) Combination with other incentives permitted.--
                The availability or use of a Federal, State, or local 
                incentive or a State-issued voucher for the purchase or 
                lease of a new fuel efficient automobile shall not limit 
                the value or issuance of a voucher under the Program to 
                any person otherwise eligible to receive such a voucher.
                    (F) No additional fees.--A dealer participating in 
                the program may not charge a person purchasing or 
                leasing a new fuel efficient automobile any additional 
                fees associated with the use of a voucher under the 
                Program.
                    (G) Number and amount.--The total number and value 
                of vouchers issued under the Program may not exceed the 
                amounts appropriated for such purpose.
            (2) Disposition of eligible trade-in vehicles.--
                    (A) In general.--For 
                each <<NOTE: Certification. Regulations.>>  eligible 
                trade-in vehicle surrendered to a dealer under the 
                Program, the dealer shall certify to the Secretary, in 
                such manner as the Secretary shall prescribe by rule, 
                that the dealer--
                          (i) has not and will not sell, lease, 
                      exchange, or otherwise dispose of the vehicle for 
                      use as an automobile in the United States or in 
                      any other country; and
                          (ii) will transfer the vehicle (including the 
                      engine block), in such manner as the Secretary 
                      prescribes, to an entity that will ensure that the 
                      vehicle--
                                    (I) will be crushed or shredded 
                                within such period and in such manner as 
                                the Secretary prescribes; and
                                    (II) has not been, and will not be, 
                                sold, leased, exchanged, or otherwise 
                                disposed of for use as an automobile in 
                                the United States or in any other 
                                country.
                    (B) Savings provision.--Nothing in subparagraph (A) 
                may be construed to preclude a person who is responsible 
                for ensuring that the vehicle is crushed or shredded 
                from--
                          (i) selling any parts of the disposed vehicle 
                      other than the engine block and drive train 
                      (unless with respect to the drive train, the 
                      transmission, drive shaft, or rear end are sold as 
                      separate parts); or
                          (ii) retaining the proceeds from such sale.
                    (C) Coordination.--The Secretary shall coordinate 
                with the Attorney General to ensure that the National 
                Motor Vehicle Title Information System and other 
                publicly accessible systems are appropriately updated on 
                a timely basis to reflect the crushing or shredding of 
                vehicles under this section and appropriate 
                reclassification of the vehicles' titles. The commercial 
                market shall also have electronic and commercial access 
                to the vehicle identification numbers of vehicles that 
                have been disposed of on a timely basis.

    (d) Regulations.--Notwithstanding the <<NOTE: Deadline.>>  
requirements of section 553 of title 5, United States Code, the 
Secretary shall promulgate final regulations to implement the Program 
not later than 30 days after the date of the enactment of this Act. Such 
regulations shall--

[[Page 123 STAT. 1912]]

            (1) provide for a means of registering dealers for 
        participation in the Program;
            (2) establish <<NOTE: Deadline.>>  procedures for the 
        reimbursement of dealers participating in the Program to be made 
        through electronic transfer of funds for the amount of the 
        vouchers as soon as practicable but no longer than 10 days after 
        the submission of information supporting the eligible 
        transaction, as deemed appropriate by the Secretary;
            (3) require the dealer to use the voucher in addition to any 
        other rebate or discount advertised by the dealer or offered by 
        the manufacturer for the new fuel efficient automobile and 
        prohibit the dealer from using the voucher to offset any such 
        other rebate or discount;
            (4) require dealers to disclose to the person trading in an 
        eligible trade-in vehicle the best estimate of the scrappage 
        value of such vehicle and to permit the dealer to retain $50 of 
        any amounts paid to the dealer for scrappage of the automobile 
        as payment for any administrative costs to the dealer associated 
        with participation in the Program;
            (5) consistent <<NOTE: Certifications.>>  with subsection 
        (c)(2), establish requirements and procedures for the disposal 
        of eligible trade-in vehicles and provide such information as 
        may be necessary to entities engaged in such disposal to ensure 
        that such vehicles are disposed of in accordance with such 
        requirements and procedures, including--
                    (A) requirements for the removal and appropriate 
                disposition of refrigerants, antifreeze, lead products, 
                mercury switches, and such other toxic or hazardous 
                vehicle components prior to the crushing or shredding of 
                an eligible trade-in vehicle, in accordance with rules 
                established by the Secretary in consultation with the 
                Administrator of the Environmental Protection Agency, 
                and in accordance with other applicable Federal or State 
                requirements;
                    (B) a mechanism for dealers to certify to the 
                Secretary that each eligible trade-in vehicle will be 
                transferred to an entity that will ensure that the 
                vehicle is disposed of, in accordance with such 
                requirements and procedures, and to submit the vehicle 
                identification numbers of the vehicles disposed of and 
                the new fuel efficient automobile purchased with each 
                voucher;
                    (C) a mechanism for obtaining such other 
                certifications as deemed necessary by the Secretary from 
                entities engaged in vehicle disposal; and
                    (D) a list of entities to which dealers may transfer 
                eligible trade-in vehicles for disposal; and
            (6) provide for the enforcement of the penalties described 
        in subsection (e).

    (e) Anti-Fraud Provisions.--
            (1) Violation.--It shall be unlawful for any person to 
        violate any provision under this section or any regulations 
        issued pursuant to subsection (d) (other than by making a 
        clerical error).
            (2) Penalties.--Any person who commits a violation described 
        in paragraph (1) shall be liable to the United States Government 
        for a civil penalty of not more than $15,000 for each violation. 
        The Secretary shall have the authority to assess and compromise 
        such penalties, and shall have the authority

[[Page 123 STAT. 1913]]

        to require from any entity the records and inspections necessary 
        to enforce this program. In determining the amount of the civil 
        penalty, the severity of the violation and the intent and 
        history of the person committing the violation shall be taken 
        into account.

    (f) Information to Consumers and Dealers.--Not 
later <<NOTE: Deadline. Consultation. Web site.>>  than 30 days after 
the date of the enactment of this Act, and promptly upon the update of 
any relevant information, the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall make 
available on an Internet website and through other means determined by 
the Secretary information about the Program, including--
            (1) how to determine if a vehicle is an eligible trade-in 
        vehicle;
            (2) how to participate in the Program, including how to 
        determine participating dealers; and
            (3) a comprehensive list, by make and model, of new fuel 
        efficient automobiles meeting the requirements of the Program.

Once such <<NOTE: Public information.>>  information is available, the 
Secretary shall conduct a public awareness campaign to inform consumers 
about the Program and where to obtain additional information.

    (g) Record Keeping and Report.--
            (1) Database.--The Secretary shall maintain a database of 
        the vehicle identification numbers of all new fuel efficient 
        vehicles purchased or leased and all eligible trade-in vehicles 
        disposed of under the Program.
            (2) Report on efficacy of the program.--Not later than 60 
        days after the termination date described in subsection 
        (c)(1)(A), the Secretary shall submit a report to the Committee 
        on Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the Senate 
        describing the efficacy of the Program, including--
                    (A) a description of Program results, including--
                          (i) the total number and amount of vouchers 
                      issued for purchase or lease of new fuel efficient 
                      automobiles by manufacturer (including aggregate 
                      information concerning the make, model, model 
                      year) and category of automobile;
                          (ii) aggregate information regarding the make, 
                      model, model year, and manufacturing location of 
                      vehicles traded in under the Program; and
                          (iii) the location of sale or lease;
                    (B) an estimate of the overall increase in fuel 
                efficiency in terms of miles per gallon, total annual 
                oil savings, and total annual greenhouse gas reductions, 
                as a result of the Program; and
                    (C) an estimate of the overall economic and 
                employment effects of the Program.

    (h) Exclusion of Vouchers From Income.--
            (1) For purposes of all federal and state programs.--A 
        voucher issued under this program or any payment made for such a 
        voucher pursuant to subsection (a)(3) shall not be regarded as 
        income and shall not be regarded as a resource for the month of 
        receipt of the voucher and the following 12 months, for purposes 
        of determining the eligibility of the recipient of the voucher 
        (or the recipient's spouse or other family or household members) 
        for benefits or assistance, or

[[Page 123 STAT. 1914]]

        the amount or extent of benefits or assistance, under any 
        Federal or State program.
            (2) For purposes of taxation.--A voucher issued under the 
        program or any payment made for such a voucher pursuant to 
        subsection (a)(3) shall not be considered as gross income of the 
        purchaser of a vehicle for purposes of the Internal Revenue Code 
        of 1986.

    (i) Definitions.--As used in this section--
            (1) the term ``passenger automobile'' means a passenger 
        automobile, as defined in section 32901(a)(18) of title 49, 
        United States Code, that has a combined fuel economy value of at 
        least 22 miles per gallon;
            (2) the term ``category 1 truck'' means a nonpassenger 
        automobile, as defined in section 32901(a)(17) of title 49, 
        United States Code, that has a combined fuel economy value of at 
        least 18 miles per gallon, except that such term does not 
        include a category 2 truck;
            (3) the term ``category 2 truck'' means a large van or a 
        large pickup, as categorized by the Secretary using the method 
        used by the Environmental Protection Agency and described in the 
        report entitled ``Light-Duty Automotive Technology and Fuel 
        Economy Trends: 1975 through 2008'';
            (4) the term ``category 3 truck'' means a work truck, as 
        defined in section 32901(a)(19) of title 49, United States Code;
            (5) the term ``combined fuel economy value'' means--
                    (A) with respect to a new fuel efficient automobile, 
                the number, expressed in miles per gallon, centered 
                below the words ``Combined Fuel Economy'' on the label 
                required to be affixed or caused to be affixed on a new 
                automobile pursuant to subpart D of part 600 of title 
                40, Code of Federal Regulations;
                    (B) with respect to an eligible trade-in vehicle, 
                the equivalent of the number described in subparagraph 
                (A), and posted under the words ``Estimated New EPA 
                MPG'' and above the word ``Combined'' for vehicles of 
                model year 1984 through 2007, or posted under the words 
                ``New EPA MPG'' and above the word ``Combined'' for 
                vehicles of model year 2008 or later on the 
                fueleconomy.gov website of the Environmental Protection 
                Agency for the make, model, and year of such vehicle; or
                    (C) with respect to an eligible trade-in vehicle 
                manufactured between model years 1978 through 1985, the 
                equivalent of the number described in subparagraph (A) 
                as determined by the Secretary (and posted on the 
                website of the National Highway Traffic Safety 
                Administration) using data maintained by the 
                Environmental Protection Agency for the make, model, and 
                year of such vehicle.
            (6) the term ``dealer'' means a person licensed by a State 
        who engages in the sale of new automobiles to ultimate 
        purchasers;
            (7) the term ``eligible trade-in vehicle'' means an 
        automobile or a work truck (as such terms are defined in section 
        32901(a) of title 49, United States Code) that, at the time it 
        is presented for trade-in under this section--
                    (A) is in drivable condition;
                    (B) has been continuously insured consistent with 
                the applicable State law and registered to the same 
                owner

[[Page 123 STAT. 1915]]

                for a period of not less than 1 year immediately prior 
                to such trade-in;
                    (C) was manufactured less than 25 years before the 
                date of the trade-in; and
                    (D) in the case of an automobile, has a combined 
                fuel economy value of 18 miles per gallon or less;
            (8) the term ``new fuel efficient automobile'' means an 
        automobile described in paragraph (1), (2), (3), or (4)--
                    (A) the equitable or legal title of which has not 
                been transferred to any person other than the ultimate 
                purchaser;
                    (B) that carries a manufacturer's suggested retail 
                price of $45,000 or less;
                    (C) that--
                          (i) in the case of passenger automobiles, 
                      category 1 trucks, or category 2 trucks, is 
                      certified to applicable standards under section 
                      86.1811-04 of title 40, Code of Federal 
                      Regulations; or
                          (ii) in the case of category 3 trucks, is 
                      certified to the applicable vehicle or engine 
                      standards under section 86.1816-08, 86-007-11, or 
                      86.008-10 of title 40, Code of Federal 
                      Regulations; and
                    (D) that has the combined fuel economy value of at 
                least--
                          (i) 22 miles per gallon for a passenger 
                      automobile;
                          (ii) 18 miles per gallon for a category 1 
                      truck; or
                          (iii) 15 miles per gallon for a category 2 
                      truck;
            (9) the term ``Program'' means the Consumer Assistance to 
        Recycle and Save Program established by this section;
            (10) the term ``qualifying lease'' means a lease of an 
        automobile for a period of not less than 5 years;
            (11) the term ``scrappage value'' means the amount received 
        by the dealer for a vehicle upon transferring title of such 
        vehicle to the person responsible for ensuring the dismantling 
        and destroying of the vehicle;
            (12) the term ``Secretary'' means the Secretary of 
        Transportation acting through the National Highway Traffic 
        Safety Administration;
            (13) the term ``ultimate purchaser'' means, with respect to 
        any new automobile, the first person who in good faith purchases 
        such automobile for purposes other than resale;
            (14) the term ``vehicle identification number'' means the 17 
        character number used by the automobile industry to identify 
        individual automobiles; and
            (15) the term ``voucher'' means an electronic transfer of 
        funds to a dealer based on an eligible transaction under this 
        program.

    (j) Appropriation.--There is hereby appropriated to the Secretary of 
Transportation $1,000,000,000, of which up to $50,000,000 is available 
for administration, to remain available until expended to carry out this 
section.

[[Page 123 STAT. 1916]]

                                TITLE XIV

                              OTHER MATTERS

                    INTERNATIONAL ASSISTANCE PROGRAMS

                     INTERNATIONAL MONETARY PROGRAMS

            United States Quota, International Monetary Fund

    For an increase in the United States quota in the International 
Monetary Fund, the dollar equivalent of 4,973,100,000 Special Drawing 
Rights, to remain available until expended: Provided, That the cost of 
the amounts provided herein shall be determined as provided under the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): Provided 
further, That for purposes of section 502(5) of the Federal Credit 
Reform Act of 1990, the discount rate in section 502(5)(E) shall be 
adjusted for market risks: Provided further, That section 504(b) of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply.

                  Loans to International Monetary Fund

    For loans to the International Monetary Fund under section 17(a)(2) 
and (b)(2) of the Bretton Woods Agreements Act (Public Law 87-490, 22 
U.S.C. 286e-2), as amended by this Act pursuant to the New Arrangements 
to Borrow, the dollar equivalent of up to 75,000,000,000 Special Drawing 
Rights, to remain available until expended, in addition to any amounts 
previously appropriated under section 17 of such Act: Provided, That if 
the United States agrees to an expansion of its credit arrangement in an 
amount less than the dollar equivalent of 75,000,000,000 Special Drawing 
Rights, any amount over the United States' agreement shall not be 
available until further appropriated: Provided further, That the cost of 
the amounts provided herein shall be determined as provided under the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et. seq.): Provided 
further, That for purposes of section 502(5) of the Federal Credit 
Reform Act of 1990, the discount rate in section 502(5)(E) shall be 
adjusted for market risks: Provided further, That section 504(b) of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply.

          GENERAL PROVISIONS--INTERNATIONAL ASSISTANCE PROGRAMS

    Sec. 1401.  Section 17 of the Bretton Woods Agreements Act (22 
U.S.C. 286e-2) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' before ``In order to''; and
                    (B) by adding at the end the following:
            ``(2) In <<NOTE: Loans. Reports.>>  order to carry out the 
        purposes of a one-time decision of the Executive Directors of 
        the International Monetary Fund (the Fund) to expand the 
        resources of the New Arrangements to Borrow, established 
        pursuant to the decision of January 27, 1997 referred to in 
        paragraph (1) above, and to make other amendments to the New 
        Arrangements to Borrow to achieve an expanded and more flexible 
        New Arrangements to Borrow as contemplated by paragraph 17 of 
        the G-20

[[Page 123 STAT. 1917]]

        Leaders' Statement of April 2, 2009 in London, the Secretary of 
        the Treasury is authorized to instruct the United States 
        Executive Director to consent to such amendments notwithstanding 
        subsection (d) of this section, and to make loans, in an amount 
        not to exceed the dollar equivalent of 75,000,000,000 Special 
        Drawing Rights, in addition to any amounts previously authorized 
        under this section and limited to such amounts as are provided 
        in advance in appropriations Acts, except that prior to 
        activation, the Secretary of the Treasury shall report to 
        Congress on whether supplementary resources are needed to 
        forestall or cope with an impairment of the international 
        monetary system and whether the Fund has fully explored other 
        means of funding, to the Fund under article VII, section 1(i), 
        of the Articles of Agreement of the Fund: Provided,  
        That <<NOTE: Consultation. Guidelines.>>  prior to instructing 
        the United States Executive Director to provide consent to such 
        amendments, the Secretary of the Treasury shall consult with the 
        appropriate congressional committees on the amendments to be 
        made to the New Arrangements to Borrow, including guidelines and 
        criteria governing the use of its resources; the countries that 
        have made commitments to contribute to the New Arrangements to 
        Borrow and the amount of such commitments; and the steps taken 
        by the United States to expand the number of countries so the 
        United States share of the expanded New Arrangements to Borrow 
        is representative of its share as of the date of enactment of 
        this Act: Provided further,  That any loan under the authority 
        granted in this subsection shall be made with due regard to the 
        present and prospective balance of payments and reserve position 
        of the United States.''.
        and
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' before ``For the purpose 
                of'';
                    (B) by inserting ``subsection (a)(1) of'' after 
                ``pursuant to''; and
                    (C) by adding at the end the following:
            ``(2) For <<NOTE: Loans. Reports.>>  the purpose of making 
        loans to the International Monetary Fund pursuant to subsection 
        (a)(2) of this section, there is hereby authorized to be 
        appropriated not to exceed the dollar equivalent of 
        75,000,000,000 Special Drawing Rights, in addition to any 
        amounts previously authorized under this section, except that 
        prior to activation, the Secretary of the Treasury shall report 
        to Congress on whether supplementary resources are needed to 
        forestall or cope with an impairment of the international 
        monetary system and whether the Fund has fully explored other 
        means of funding, to remain available until expended to meet 
        calls by the Fund. Any payments made to the United States by the 
        Fund as a repayment on account of the principal of a loan made 
        under this section shall continue to be available for loans to 
        the Fund.''.

    Sec. 1402.  The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) 
is amended by adding at the end the following:
``SEC. 64. <<NOTE: 22 USC 286pp.>>  ACCEPTANCE OF AMENDMENTS TO 
                      THE ARTICLES OF AGREEMENT OF THE FUND.

    ``The United States Governor of the Fund may agree to and accept the 
amendments to the Articles of Agreement of the Fund as proposed in the 
resolutions numbered 63-2 and 63-3 of the

[[Page 123 STAT. 1918]]

Board of Governors of the Fund which were approved by such Board on 
April 28, 2008 and May 5, 2008, respectively.
``SEC. 65. <<NOTE: 22 USC 286qq.>>  QUOTA INCREASE.

    ``(a) In General.--The United States Governor of the Fund may 
consent to an increase in the quota of the United States in the Fund 
equivalent to 4,973,100,000 Special Drawing Rights.
    ``(b) Subject to Appropriations.--The authority provided by 
subsection (a) shall be effective only to such extent or in such amounts 
as are provided in advance in appropriations Acts.
``SEC. 66. <<NOTE: 22 USC 286rr.>>  APPROVAL TO SELL A LIMITED 
                      AMOUNT OF THE FUND'S GOLD.

    ``(a) The Secretary of the Treasury is authorized to instruct the 
United States Executive Director of the Fund to vote to approve the sale 
of up to 12,965,649 ounces of the Fund's gold acquired since the second 
Amendment to the Fund's Articles of Agreement, only if such sales are 
consistent with the guidelines agreed to by the Executive Board of the 
Fund described in the Report of the Managing Director to the 
International Monetary and Financial Committee on a New Income and 
Expenditure Framework for the International Monetary Fund (April 9, 
2008) to prevent disruption to the world gold market: Provided,  
That <<NOTE: Deadline. Consultation.>>  at least 30 days prior to any 
such vote, the Secretary shall consult with the appropriate 
congressional committees regarding the use of proceeds from the sale of 
such gold: Provided further,  That the Secretary of the Treasury shall 
seek to ensure that:
            ``(1) the Fund will provide support to low-income countries 
        that are eligible for the Poverty Reduction and Growth Facility 
        or other low-income lending from the Fund by making available 
        Fund resources of not less than $4,000,000,000;
            ``(2) such Fund resources referenced above will be used to 
        leverage additional support by a significant multiple to provide 
        loans with substantial concessionality and debt service payment 
        relief and/or grants, as appropriate to a country's 
        circumstances:
            ``(3) support provided through forgiveness of interest on 
        concessional loans will be provided for not less than two years; 
        and
            ``(4) the support provided to low-income countries occurs 
        within six years, a substantial amount of which shall occur 
        within the initial two years.

    ``(b) In addition to agreeing to and accepting the amendments 
referred to in section 64 of this Act relating to the use of proceeds 
from the sale of such gold, the United States Governor is authorized, 
consistent with subsection (a), to take such actions as may be 
necessary, including those referred to in section 5(e) of this Act, to 
also use such proceeds for the purpose of assisting low-income 
countries.
``SEC. 67. <<NOTE: 22 USC 286ss.>>  ACCEPTANCE OF AMENDMENT TO THE 
                      ARTICLES OF AGREEMENT OF THE FUND.

    ``The United States Governor of the Fund may agree to and accept the 
amendment to the Articles of Agreement of the Fund as proposed in the 
resolution numbered 54-4 of the Board of Governors of the Fund which was 
approved by such Board on October 22, 1997: Provided,  
That <<NOTE: Deadline. Reports.>>  not more than one year after the 
acceptance of such amendments to the Fund's Articles of Agreement,

[[Page 123 STAT. 1919]]

the Secretary of the Treasury shall submit a report to the appropriate 
congressional committees analyzing Special Drawing Rights, to include a 
discussion of how those countries that significantly use or acquire 
Special Drawing Rights in accordance with Article XIX, Section 2(c), use 
or acquire them; the extent to which countries experiencing balance of 
payment difficulties exchange or use their Special Drawing Rights to 
acquire reserve currencies; and the manner in which those reserve 
currencies are acquired when utilizing Special Drawing Rights.''.

    Sec. 1403. (a) <<NOTE: Deadline. Consultation. Reports.>>  Not later 
than 30 days after enactment of this Act, the Secretary of the Treasury, 
in consultation with the Executive Director of the World Bank and the 
Executive Board of the International Monetary Fund (the Fund), shall 
submit a report to the appropriate congressional committees detailing 
the steps taken to coordinate the activities of the World Bank and the 
Fund to avoid duplication of missions and programs, and steps taken by 
the Department of the Treasury and the Fund to increase the oversight 
and accountability of the Fund's activities.

    (b) For <<NOTE: Definition.>>  the purposes of this title, 
``appropriate congressional committees'' means the Committees on 
Appropriations, Banking, Housing, and Urban Affairs, and Foreign 
Relations of the Senate, and the Committees on Appropriations, Foreign 
Affairs, and Financial Services of the House of Representatives.

    (c) In <<NOTE: Recommenda- tions.>>  the next report to Congress on 
international economic and exchange rate policies, the Secretary of the 
Treasury shall: (1) report on ways in which the Fund's surveillance 
function under Article IV could be enhanced and made more effective in 
terms of avoiding currency manipulation; (2) report on the feasibility 
and usefulness of publishing the Fund's internal calculations of 
indicative exchange rates; and (3) provide recommendations on the steps 
that the Fund can take to promote global financial stability and conduct 
effective multilateral surveillance.

    (d) The Secretary of the Treasury shall instruct the United States 
Executive Director of the International Monetary Fund to use the voice 
and vote of the United States to oppose any loan, project, agreement, 
memorandum, instrument, plan, or other program of the Fund to a Heavily 
Indebted Poor Country that imposes budget caps or restraints that do not 
allow the maintenance of or an increase in governmental spending on 
health care or education; and to promote government spending on health 
care, education, food aid, or other critical safety net programs in all 
of the Fund's activities with respect to Heavily Indebted Poor 
Countries.
    Sec. 1404.  Title XVI of the International Financial Institutions 
Act (22 U.S.C. 262p-262p-8) <<NOTE: 22 USC 262p-11.>>  is amended by 
adding at the end the following: ``The Secretary of the Treasury shall 
instruct the United States Executive Director at each of the 
International Financial Institutions (as defined in section 1701(c)(2) 
of this Act) to use the voice and vote of the United States to oppose 
the provision of loans or other use of the funds of the respective 
institution to any country the government of which the Secretary of 
State has determined, for purposes of section 6(j) of the Export 
Administration Act of 1979, section 620A of the Foreign Assistance Act 
of 1961, or section 40 of the Arms Export Control Act, to be a 
government that has repeatedly provided support for acts of 
international terrorism.''.

[[Page 123 STAT. 1920]]

                      GENERAL PROVISIONS--THIS ACT

                          availability of funds

    Sec. 14101.  No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 14102. (a) Overseas Deployments Designations.--Except as 
provided in subsections (b) and (c), each amount in this Act is 
designated as being for overseas deployments and other activities 
pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 2010.
    (b) Emergency Designations.--Each amount in titles I, II, IV, V, 
VII, VIII, IX, XII, XIII, XIV, and VI except for amounts under the 
heading ``Coast Guard Operating Expenses'' is designated as necessary to 
meet emergency needs pursuant to sections 403(a) and 423(b) of S. Con. 
Res. 13 (111th Congress), the concurrent resolution on the budget for 
fiscal year 2010.
    (c) Subsection (a) shall not apply to the amounts rescinded in 
section 309 for ``Operation and Maintenance, Marine Corps'', ``Operation 
and Maintenance, Air Force'', and ``Operation and Maintenance, Army 
Reserve''.
    Sec. 14103. (a) <<NOTE: Detainees. Cuba. President. Classified 
information.>>  None of the funds made available in this or any prior 
Act may be used to release an individual who is detained as of the date 
of enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, into 
the continental United States, Alaska, Hawaii, or the District of 
Columbia.

    (b) None of the funds made available in this or any prior Act may be 
used to transfer an individual who is detained as of the date of 
enactment of this Act, at Naval Station, Guantanamo Bay, Cuba, for the 
purpose of detention in the continental United States, Alaska, Hawaii, 
or the District of Columbia, except as provided in subsection (c).
    (c) None <<NOTE: Deadline.>>  of the funds made available in this or 
any prior Act may be used to transfer an individual who is detained, as 
of the date of enactment of this Act, at Naval Station, Guantanamo Bay, 
Cuba, into the continental United States, Alaska, Hawaii, or the 
District of Columbia, for the purposes of prosecuting such individual, 
or detaining such individual during legal proceedings, until 45 days 
after the plan detailed in subsection (d) is received.

    (d) The <<NOTE: Plan.>>  President shall submit to the Congress, in 
classified form, a plan regarding the proposed disposition of any 
individual covered by subsection (c) who is detained as of the date of 
enactment of this Act. Such plan shall include, at a minimum, each of 
the following for each such individual:
            (1) The findings of an analysis regarding any risk to the 
        national security of the United States that is posed by the 
        transfer of the individual.
            (2) The costs associated with transferring the individual in 
        question.
            (3) The legal rationale and associated court demands for 
        transfer.
            (4) A plan for mitigation of any risk described in paragraph 
        (1).
            (5) A <<NOTE: Notification. Certification. Deadline.>>  copy 
        of a notification to the Governor of the State to which the 
        individual will be transferred or to the Mayor

[[Page 123 STAT. 1921]]

        of the District of Columbia if the individual will be 
        transferred to the District of Columbia with a certification by 
        the Attorney General of the United States in classified form at 
        least 14 days prior to such transfer (together with supporting 
        documentation and justification) that the individual poses 
        little or no security risk to the United States.

    (e) None <<NOTE: Deadline.>>  of the funds made available in this or 
any prior Act may be used to transfer or release an individual detained 
at Naval Station, Guantanamo Bay, Cuba, as of the date of enactment of 
this Act, to the country of such individual's nationality or last 
habitual residence or to any other country other than the United States, 
unless the President submits to the Congress, in classified form 15 days 
prior to such transfer, the following information:
            (1) The name of any individual to be transferred or released 
        and the country to which such individual is to be transferred or 
        released.
            (2) An assessment of any risk to the national security of 
        the United States or its citizens, including members of the 
        Armed Services of the United States, that is posed by such 
        transfer or release and the actions taken to mitigate such risk.
            (3) The terms of any agreement with another country for 
        acceptance of such individual, including the amount of any 
        financial assistance related to such agreement.

    (f) Prior <<NOTE: Reports.>>  to the termination of detention 
operations at Naval Station, Guantanamo Bay, Cuba, the President shall 
submit to the Congress a report in classified form describing the 
disposition or legal status of each individual detained at the facility 
as of the date of enactment of this Act.

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

    Approved June 24, 2009.

LEGISLATIVE HISTORY--H.R. 2346 (S. 1054):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 111-105 (Comm. on Appropriations) and 111-151       
(Comm. of Conference).
SENATE REPORTS: No. 111-20 accompanying S. 1054 (Comm. on 
Appropriations).
CONGRESSIONAL RECORD, Vol. 155 (2009):
            May 14, considered and passed House.
            May 19-21, considered and passed Senate, amended.
            June 16, House agreed to conference report.
            June 17, 18, Senate considered and agreed to conference 
                report.

                                  <all>