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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-105

======================================================================



 
MAKING SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 
                    30, 2009, AND FOR OTHER PURPOSES

                                _______
                                

  May 12, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Obey, from the Committee on Appropriations, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2346]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
supplemental appropriations for the fiscal year ending 
September 30, 2009, and for other purposes.

                                CONTENTS

_______________________________________________________________________


                                                            Page number

                                                            Bill Report
TITLE I--DEFENSE MATTERS...................................     2
                                                                      2
TITLE II--MILITARY CONSTRUCTION, FOREIGN OPERATIONS AND 
    OTHER MATTERS:
        Chapter 1--Agriculture.............................    28
                                                                     34
        Chapter 2--Commerce and Justice....................    29
                                                                     34
        Chapter 3--Energy..................................    30
                                                                     36
        Chapter 4--General Government......................    31
                                                                     36
        Chapter 5--Homeland Security.......................    31
                                                                     37
        Chapter 6--Interior and Environment................    32
                                                                     37
        Chapter 7--Health and Human Services...............    34
                                                                     38
        Chapter 8--Legislative Branch......................    36
                                                                     40
        Chapter 9--Military Construction...................    37
                                                                     41
        Chapter 10--State, Foreign Operations, and Related 
            Programs.......................................    40
                                                                     45
TITLE III--GENERAL PROVISIONS, THIS ACT....................    66
                                                                     68

                        TITLE I--DEFENSE MATTERS


                         DEPARTMENT OF DEFENSE


                                OVERVIEW


                        Committee Recommendation

    The recommended supplemental appropriations for the 
Department of Defense are intended for ongoing military and 
intelligence operations in support of Overseas Contingency 
Operations (OCO). The Committee's recommendations in this title 
are based on the budget request, formal hearings, and numerous 
briefings and are intended to address high-priority needs of 
the United States military and intelligence communities. In 
some cases, the Committee has reduced or eliminated funding for 
certain activities that cannot be obligated and/or executed in 
a timely fashion; or which involve new policy and program 
decisions that should be addressed in the regular authorization 
and appropriations bills for fiscal year 2010.
    The Committee has also increased funding for a number of 
programs. Committee imperatives include additional resources 
for military pay requirements including compensation for Stop-
Loss; enhancing research into the treatment of traumatic brain 
injury and psychological health issues that have arisen in the 
conflicts in Afghanistan and Iraq; providing required 
transportation assets to include logistics and support 
equipment essential to projecting United States military power; 
and providing for equipment lost in combat operations.
    Overall, the Committee's recommendations in title I total 
$81,299,388,000 and are structured to maximize support to our 
men and women in uniform. They meet important force protection, 
equipment and personnel needs, while fully funding the 
operational requirements to conduct OCO. A summary of the 
recommendations is provided in the following pages.

------------------------------------------------------------------------
                                                           Committee
                       Account                           recommendation
------------------------------------------------------------------------
Military Personnel...................................     17,943,914,000
Operation and Maintenance............................     33,788,567,000
Procurement..........................................     23,045,559,000
Research, Development, Test and Evaluation...........        721,930,000
Revolving and Management Funds.......................        846,726,000
Other Department of Defense Programs.................      7,403,792,000
------------------------------------------------------------------------

                           TRANSFER AUTHORITY

    The Committee recommendation does not increase General 
Transfer Authority (GTA) as the need for additional GTA is 
unclear at this time. The budget request proposed an additional 
$1,500,000,000 of GTA, for a total in fiscal year 2009 of 
$5,600,000,000. The maximum amount of GTA that has been used in 
a single year by the Department over the last four years is 
$3,448,000,000 and therefore $5,600,000,000 appears to be 
excess to historical need. Additionally, the Department 
requested $4,000,000,000 of transfer authority for the funds 
provided in this title. Again, based on historic requirements, 
the Committee reduces this amount to a total of $2,000,000,000.
    The Committee is concerned that the Department has become 
overly reliant on reprogrammings and transfer authority. 
However, the Committee recognizes that the Department of 
Defense may have to manage additional military personnel costs 
during the remainder of this fiscal year. Accordingly, the 
Committee will reevaluate the possibility of providing 
additional GTA in conference with the Senate to help address 
emerging needs.

                            CLASSIFIED ANNEX

    The Committee's recommendations for intelligence activities 
are published in a separate and detailed classified annex. The 
intelligence community, Department of Defense and other 
organizations are expected to fully comply with the 
recommendations and directions in the classified annex 
accompanying this Act.

                         REPORTING REQUIREMENTS

    The Committee directs the Secretary of Defense to provide a 
report to the congressional defense committees within 30 days 
of enactment of this Act on the allocation of the funds within 
the accounts listed in this title. The Secretary shall submit 
updated reports 30 days after the end of each fiscal quarter 
until funds listed in this title are no longer available for 
obligation. The Committee directs that these reports shall 
include: a detailed accounting of obligations and expenditures 
of appropriations provided in this title by program and 
subactivity group for the continuation of military operations 
in Iraq and Afghanistan and a listing of equipment procured 
using funds provided in this title. The Committee expects that, 
in order to meet unanticipated requirements, the Department of 
Defense may need to transfer funds within these appropriation 
accounts for purposes other than those specified in this 
report. The Committee directs the Department of Defense to 
follow normal prior approval reprogramming procedures should it 
be necessary to transfer funding between different 
appropriations accounts in this title.
    Additionally, the Committee directs that the Department 
continue to report incremental contingency operations costs for 
Operation Iraqi Freedom and Operation Enduring Freedom on a 
monthly basis in the Cost of War Execution report as required 
by Department of Defense Financial Management Regulation, 
chapter 23, volume 12. The Department is encouraged to do 
supplementary reporting via the Contingency Operations Status 
of Funds report, but shall not terminate or replace the Cost of 
War Execution report.
    Further, the Committee directs that the reporting 
requirements of section 9010 of Public Law 109-289, the 
Department of Defense Appropriations Act, 2007, regarding 
military operations and stability in Iraq shall apply to the 
funds appropriated in this Act. Further, section 609 of 
division L of Public Law 110-161 shall also apply to the funds 
appropriated in this Act.

               IRAQ AND AFGHANISTAN SECURITY FORCES FUNDS

    The Committee wishes to clarify that, pursuant to section 
1512 and section 1513 of the National Defense Authorization Act 
of Fiscal Year 2008 (Public Law 110-181), the Secretary of 
Defense shall, not later than 30 days after the end of each 
fiscal quarter, submit to the congressional defense committees, 
a report summarizing the details of any obligation or transfer 
of funds from the Iraq Security Forces Fund and the Afghanistan 
Security Forces Fund during that fiscal quarter.

                        EQUIPMENT AND READINESS

    The Committee has increased funding above the budget 
request for the assets required to project United States 
military power including an additional $2,245,200,000 for C-17 
aircraft and an additional $904,200,000 for C-130J aircraft 
variants. The Committee has also provided for additional 
helicopters including $175,000,000 above the request for H-1 
aircraft to replace combat losses and $90,000,000 for 
additional CH-47 aircraft. The Committee recommendation funds 
additional equipment to project combat power including 
$432,700,000 for additional AH-64 Apache helicopter 
modifications and $243,600,000 for Bradley Fighting Vehicles. 
The Committee has provided $190,000,000 above the budget 
request for additional MQ-9 Reaper and MQ-1 Predator unmanned 
aerial vehicles. In addition, funding is provided for 
additional force protection requirements providing 
$2,150,000,000 above the budget request to purchase additional 
lightweight Mine Resistant Ambush Protected Vehicles for 
deployment to Afghanistan.

                    DEFENSE HEALTH PROGRAM OVERVIEW

    The Committee recommends an appropriation of $1,097,297,000 
for the Defense Health Program. The funding contained in this 
title will provide medical and dental services to active duty 
forces, mobilized reserve components, and their family members, 
as they support Operation Iraqi Freedom and Operation Enduring 
Freedom. The funding also provides for costs associated with 
the treatment of combat-related injuries.
    The Committee recommendation provides $168,000,000 for 
research and development of combat-related medical care, 
treatment for psychological health and traumatic brain injury 
and combat casualty care including orthopedic research and 
regenerative medicine.

                             YELLOW RIBBON

    The Committee recommendation includes $238,479,000 for the 
Yellow Ribbon Reintegration Program, which will provide 
information, services, referral and proactive outreach programs 
to reserve component servicemembers and their families 
throughout all phases of the deployment cycle.

                           MILITARY PERSONNEL

    The Committee recommends an additional appropriation of 
$17,943,914,000 for Military Personnel, as shown below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                              Budget         Committee
                                              request       recommended
------------------------------------------------------------------------
Military Personnel, Army
------------------------------------------------------------------------
    BA-1: PAY AND ALLOWANCES OF OFFICERS
    BASIC PAY...........................       1,211,678       1,211,678
    RETIRED PAY ACCRUAL.................         274,287         274,287
    BASIC ALLOWANCE FOR HOUSING.........         302,627         302,627
    BASIC ALLOWANCE FOR SUBSISTENCE.....          43,987          43,987
    INCENTIVE PAYS......................          13,188          13,188
    SPECIAL PAYS........................         263,375         247,000
    Hardship Duty Pay--Deferred from                               7,560
     Base to OCO........................
    Hostile Fire Pay--Deferred from Base                           4,744
     to OCO.............................
    Retention Bonus--Excess to                                   -28,679
     Requirement........................
    ALLOWANCES..........................          68,778          68,778
    SEPARATION PAY......................          22,612          22,612
    SOCIAL SECURITY TAX.................          92,693          92,693
    TOTAL BA-1..........................       2,293,225       2,276,850

    BA-2: PAY AND ALLOWANCES OF ENLISTED
     PERSONNEL
    BASIC PAY...........................       2,478,940       2,478,940
    RETIRED PAY ACCRUAL.................         552,332         552,332
    BASIC ALLOWANCE FOR HOUSING.........       1,070,269       1,070,269
    INCENTIVE PAYS......................          26,865          26,865
    SPECIAL PAYS........................       1,213,374         928,784
    Hardship Duty Pay--Deferred from                              45,000
     Base to OCO........................
    Hostile Fire Pay--Deferred from Base                          16,277
     to OCO.............................
    Enlistment Bonus--Excess to                                  -36,200
     Requirement........................
    Enlistment Bonus--Anniversary                                -81,700
     Payments...........................
    Enlistment Bonus--Residual Payments.                         -75,300
    Reenlistment Bonus--Excess to                               -152,667
     Requirement........................
    ALLOWANCES..........................         301,146         301,146
    SEPARATION PAY......................          89,259          89,259
    SOCIAL SECURITY TAX.................         189,823         189,823
    TOTAL BA-2..........................       5,922,008       5,637,418

    BA-4: SUBSISTENCE OF ENLISTED
     PERSONNEL
    BASIC ALLOWANCE FOR SUBSISTENCE.....         520,905         520,905
    SUBSISTENCE-IN-KIND.................         986,145         986,145
    TOTAL BA-4..........................       1,507,050       1,507,050

    BA-5: PERMANENT CHANGE OF STATION
     TRAVEL
    OPERATIONAL TRAVEL..................          82,714          82,714
    ROTATIONAL TRAVEL...................          68,271          68,271
    TOTAL BA-5..........................         150,985         150,985

    BA-6: OTHER MILITARY PERSONNEL COSTS
    INTEREST IN UNIFORMED SERVICE                 21,780          21,780
     SAVINGS............................
    DEATH GRATUITIES....................          71,000          71,000

    UNEMPLOYMENT BENEFITS...............          65,334          65,334
    RESERVE INCOME REPLACEMENT..........           8,200           8,200
    SGLI EXTRA HAZARD PAYMENTS..........         155,524         155,524
    TOTAL BA-6..........................         321,838         321,838
    UNDISTRIBUTED ADJUSTMENT (year of                          1,030,500
     execution rate changes)............
------------------------------------------------------------------------
Total Military Personnel, Army..........      10,195,106      10,924,641
------------------------------------------------------------------------

------------------------------------------------------------------------
Military Personnel, Navy
------------------------------------------------------------------------
    BA-1: PAY AND ALLOWANCES OF OFFICERS
    BASIC PAY...........................         263,985         263,985
    RETIRED PAY ACCRUAL.................          67,109          67,109
    BASIC ALLOWANCE FOR HOUSING.........          87,995          87,995
    BASIC ALLOWANCE FOR SUBSISTENCE.....           8,896           8,896
    INCENTIVE PAYS......................           1,110           1,110
    SPECIAL PAYS........................          25,690          29,335
    Hardship Duty Pay--Deferred from                               1,463
     Base to OCO........................
    Imminent Danger Pay--Deferred from                             2,182
     Base to OCO........................
    ALLOWANCES..........................          15,251          15,251
    SEPARATION PAY......................               6               6
    SOCIAL SECURITY TAX.................          20,195          20,195
    TOTAL BA-1..........................         490,237         493,882

    BA-2: PAY AND ALLOWANCES OF ENLISTED
     PERSONNEL
    BASIC PAY...........................         310,721         310,721
    RETIRED PAY ACCRUAL.................          79,966          79,966
    BASIC ALLOWANCE FOR HOUSING.........         158,257         158,257
    INCENTIVE PAYS......................             539             539
    SPECIAL PAYS........................          92,732         100,132
    Hardship Duty Pay-Deferred from Base                           7,400
     to OCO.............................
    ALLOWANCES..........................          29,212          29,212
    SEPARATION PAY......................           3,578           3,578
    SOCIAL SECURITY TAX.................          23,770          23,770
    TOTAL BA-2..........................         698,775         706,175

    BA-4: SUBSISTENCE OF ENLISTED
     PERSONNEL
    BASIC ALLOWANCE FOR SUBSISTENCE.....          35,127          35,127
    SUBSISTENCE-IN-KIND.................          12,766          12,766
    TOTAL BA-4..........................          47,893          47,893

    BA-5: PERMANENT CHANGE OF STATION
    ACCESSION TRAVEL....................           4,855           4,855
    OPERATIONAL TRAVEL..................          26,222          26,222
    ROTATIONAL TRAVEL...................          28,096          28,096
    SEPARATION TRAVEL...................           2,919           2,919
    TOTAL BA-5..........................          62,092          62,092

    BA-6: OTHER MILITARY PERSONNEL COSTS
    DEATH GRATUITIES....................           2,600           2,600
    UNEMPLOYMENT BENEFITS...............          18,244          18,244
    RESERVE INCOME REPLACEMENT..........              50              50
    SGLI EXTRA HAZARD PAYMENTS..........          34,891          34,891
    TOTAL BA-6..........................          55,785          55,785
    UNDISTRIBUTED ADJUSTMENT (year of                            351,000
     execution rate changes)............
------------------------------------------------------------------------
Total Military Personnel, Navy..........       1,354,782       1,716,827
------------------------------------------------------------------------

------------------------------------------------------------------------
Military Personnel, Marine Corps
------------------------------------------------------------------------
    BA-1: PAY AND ALLOWANCES OF OFFICERS
    BASIC PAY...........................          97,044          97,044
    RETIRED PAY ACCRUAL.................          22,989          22,989
    BASIC ALLOWANCE FOR HOUSING.........          32,756          32,756
    BASIC ALLOWANCE FOR SUBSISTENCE.....           3,530           3,530
    SPECIAL PAYS........................          49,906          50,175
    Hardship Duty Pay-Deferred from Base                             269
     to OCO.............................
    ALLOWANCES..........................           8,445           8,445
    SOCIAL SECURITY TAX.................           7,423           7,423
    TOTAL BA-1..........................         222,093         222,362

    BA-2: PAY AND ALLOWANCES OF ENLISTED
     PERSONNEL
    BASIC PAY...........................         482,113         482,113
    RETIRED PAY ACCRUAL.................         121,588         121,588
    BASIC ALLOWANCE FOR HOUSING.........         123,749         123,749
    SPECIAL PAYS........................         210,228         212,830
    Hardship Duty Pay-Deferred from Base                           2,602
     to OCO.............................
    ALLOWANCES..........................          46,656          46,656
    SEPARATION PAY......................           2,953           2,953
    SOCIAL SECURITY TAX.................          36,758          36,758
    TOTAL BA-2..........................       1,024,045       1,026,647

    BA-4: SUBSISTENCE OF ENLISTED
     PERSONNEL
    BASIC ALLOWANCE FOR SUBSISTENCE.....          54,056          54,056
    TOTAL BA-4..........................          54,056          54,056

    BA-5: PERMANENT CHANGE OF STATION
    ACCESSION TRAVEL....................           4,010           4,010
    OPERATIONAL TRAVEL..................          51,356          51,356
    TOTAL BA-5..........................          55,366          55,366

    BA-6: OTHER MILITARY PERSONNEL COSTS
    DEATH GRATUITIES....................           3,400           3,400
    UNEMPLOYMENT BENEFITS...............          24,500          24,500
    SGLI EXTRA HAZARD PAYMENTS..........          36,519          36,519
    TOTAL BA-6..........................          64,419          64,419
    UNDISTRIBUTED ADJUSTMENT (year of                            155,000
     execution rate changes)............
------------------------------------------------------------------------
Total Military Personnel, Marine Corps..       1,419,979       1,577,850
------------------------------------------------------------------------

------------------------------------------------------------------------
Military Personnel, Air Force
------------------------------------------------------------------------
    BA-1: PAY AND ALLOWANCES OF OFFICERS
    BASIC PAY...........................         190,254         190,254
    RETIRED PAY ACCRUAL.................          40,144          40,144
    BASIC ALLOWANCE FOR HOUSING.........          59,781          59,781
    BASIC ALLOWANCE FOR SUBSISTENCE.....           7,514           7,514
    SPECIAL PAYS........................          15,425          23,636
    Hostile Fire Pay-Deferred from Base                            6,670
     to OCO.............................
    Hardship Duty Pay-Deferred from Base                           1,541
     to OCO.............................
    ALLOWANCES..........................           6,831           6,831
    SOCIAL SECURITY TAX.................          14,555          14,555
    TOTAL BA-1..........................         334,504         342,715

    BA-2: PAY AND ALLOWANCES OF ENLISTED
     PERSONNEL
    BASIC PAY...........................         480,101         480,101
    RETIRED PAY ACCRUAL.................         101,302         101,302
    BASIC ALLOWANCE FOR HOUSING.........         175,182         175,182
    SPECIAL PAYS........................          53,841          93,284
    Hostile Fire Pay-Deferred from Base                           31,855
     to OCO.............................
    Hardship Duty Pay-Deferred from Base                           7,588
     to OCO.............................
    ALLOWANCES..........................          22,457          22,457
    SEPARATION PAY......................           4,818           4,818
    SOCIAL SECURITY TAX.................          36,728          36,728
    TOTAL BA-2..........................         874,429         913,872

    BA-4: SUBSISTENCE OF ENLISTED
     PERSONNEL
    BASIC ALLOWANCE FOR SUBSISTENCE.....          39,590          39,590
    SUBSISTENCE-IN-KIND.................          69,864          69,864
    TOTAL BA-4..........................         109,454         109,454
    BA-5: PERMANENT CHANGE OF STATION
    OPERATIONAL TRAVEL..................           5,790           5,790
    TOTAL BA-5..........................           5,790           5,790
    BA-6: OTHER MILITARY PERSONNEL COSTS
    UNEMPLOYMENT BENEFITS...............          16,573          16,573
    SGLI EXTRA HAZARD PAYMENTS..........          49,804          49,804
    TOTAL BA-6..........................          66,377          66,377
    UNDISTRIBUTED ADJUSTMENT (year of                            345,000
     execution rate changes)............
------------------------------------------------------------------------
Total Military Personnel, Air Force.....       1,390,554       1,783,208
------------------------------------------------------------------------

------------------------------------------------------------------------
Reserve Personnel, Army
------------------------------------------------------------------------
    BA-1: UNIT AND INDIVIDUAL TRAINING
    PAY GROUP A TRAINING (15 DAYS &              116,901         116,901
     DRILLS 24/48)......................
    SPECIAL TRAINING....................         167,254         167,254
    TOTAL BA-1..........................         284,155         284,155
    UNDISTRIBUTED ADJUSTMENT (year of                             97,000
     execution rate changes)............
------------------------------------------------------------------------
Total Reserve Personnel, Army...........         284,155         381,155
------------------------------------------------------------------------
Reserve Personnel, Navy
------------------------------------------------------------------------
    BA-1: UNIT AND INDIVIDUAL TRAINING
    SCHOOL TRAINING.....................           5,166           5,166
    SPECIAL TRAINING....................          33,805          33,805
    ADMINISTRATION AND SUPPORT..........             507             507
    TOTAL BA-1..........................          39,478          39,478
------------------------------------------------------------------------
Total Reserve Personnel, Navy...........          39,478          39,478
------------------------------------------------------------------------

------------------------------------------------------------------------
Reserve Personnel, Marine Corps
------------------------------------------------------------------------
    BA-1: UNIT AND INDIVIDUAL TRAINING
    PAY GROUP A TRAINING (15 DAYS &                8,662           8,662
     DRILLS 24/48)......................
    SPECIAL TRAINING....................          20,517          20,517
    TOTAL BA-1..........................          29,179          29,179
------------------------------------------------------------------------
Total Reserve Personnel, Marine Corps...          29,179          29,179
------------------------------------------------------------------------
Reserve Personnel, Air Force
------------------------------------------------------------------------
    BA-1: UNIT AND INDIVIDUAL TRAINING
    SPECIAL TRAINING....................          16,943          16,943
    TOTAL BA-1..........................          16,943          16,943
------------------------------------------------------------------------
Total Reserve Personnel, Air Force......          16,943          16,943
------------------------------------------------------------------------

------------------------------------------------------------------------
National Guard Personnel, Army
------------------------------------------------------------------------
    BA-1: UNIT AND INDIVIDUAL TRAINING
    PAY GROUP A TRAINING (15 DAYS &              538,586         487,726
     DRILLS 24/48)......................
    Grow the Army.......................                         -50,860
    SPECIAL TRAINING....................         330,947         330,947
    ADMINISTRATION AND SUPPORT..........         569,800         116,600
    Enlistment Bonus--Excess to                                  -88,600
     Requirement........................
    Enlistment Bonus--Anniversary                               -123,900
     Payments...........................
    Enlistment Bonus--Residual Payments.                        -240,700
    TOTAL BA-1..........................       1,439,333         935,273
    UNDISTRIBUTED ADJUSTMENT (year of                            438,000
     execution rate changes)............
------------------------------------------------------------------------
Total National Guard Personnel, Army....       1,439,333       1,373,273
------------------------------------------------------------------------

------------------------------------------------------------------------
National Guard Personnel, Air Force
------------------------------------------------------------------------
    BA-1: UNIT AND INDIVIDUAL TRAINING
    SPECIAL TRAINING....................          17,860          17,860
    TOTAL BA-1..........................          17,860          17,860
    UNDISTRIBUTED ADJUSTMENT (year of                             83,500
     execution rate changes)............
------------------------------------------------------------------------
Total National Guard Personnel, Air               17,860         101,360
 Force..................................
------------------------------------------------------------------------

                TRANSFER OF FUNDS TO MILITARY PERSONNEL

    The Committee recommendation includes a general provision, 
section 10013, which provides for the transfer of $150,600,000 
from multiple Army Procurement accounts in the Department of 
Defense Appropriations Act, 2009 (Public Law 110-329, division 
C), and the Other Procurement, Army account in the Department 
of Defense Appropriations Act, 2008 (Public Law 110-116, 
division A) to the Military Personnel, Army; Reserve Personnel, 
Army; and National Guard Personnel, Army accounts. The transfer 
is required to meet identified shortfalls due to personnel 
over-strength and rate changes.

                  ARMY AND ARMY NATIONAL GUARD BONUSES

    Of the $1,161,912,000 requested in the fiscal year 2009 
Overseas Contingency Operations Supplemental for recruiting and 
retention activities of the active duty Army and Army National 
Guard, the Committee provides only $334,146,000: $28,679,000 to 
support the retention of active duty Army officers, 
$188,867,000 to support the recruiting and retention of active 
duty Army enlisted personnel, and $116,600,000 to support the 
recruiting and retention of Army National Guard personnel. The 
Committee recommendation eliminates all residual and 
anniversary payments, because the Committee views these items 
as more appropriately funded in the base bill. Furthermore, the 
Committee recommendation reduces the amount available for new 
bonuses to reflect the fact that the active Army and Army 
National Guard have reduced their overall accession missions 
from 80,000 to 66,500 personnel and 65,000 to 56,000 personnel, 
respectively.

                       OPERATION AND MAINTENANCE

    The Committee recommends an additional appropriation of 
$33,788,567,000 for Operation and Maintenance accounts, as 
shown below:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Committee
                      0-1                                                         Budget request    recommended
----------------------------------------------------------------------------------------------------------------
                                         Operation and Maintenance, Army
----------------------------------------------------------------------------------------------------------------
135...........................................  ADDITIONAL ACTIVITIES...........      13,024,499      12,740,961
                                                Hire Iraqis to perform contract                         -111,121
                                                 services.
                                                Hire Iraqis to perform LOGCAP...                        -138,296
                                                Subsistence costs...............                         -34,121
136  .........................................  COMMANDER'S EMERGENCY RESPONSE           453,000         453,000
                                                 PROGRAM.
                                                TOTAL BA-1......................      13,477,499      13,193,961

421  .........................................  SERVICEWIDE TRANSPORTATION......          50,197         246,282
                                                Increased cost of route to                               196,085
                                                 Afghanistan.
9999  ........................................  OTHER PROGRAMS..................         591,705         584,460
                                                Classified adjustment...........                          -7,245
                                                TOTAL BA-4......................         641,902         830,742
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,      14,119,401      14,024,703
                                                 Army
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                         Operation and Maintenance, Navy
----------------------------------------------------------------------------------------------------------------
1A1A..........................................  MISSION AND OTHER FLIGHT                 574,597         562,720
                                                 OPERATIONS.
                                                Hire Iraqis to perform contract                           -1,277
                                                 services.
                                                S-3 ISR Detachment..............                         -10,600
1A2A..........................................  FLEET AIR TRAINING..............           9,194           9,194
1A3A..........................................  AVIATION TECHNICAL DATA &                  3,744           3,744
                                                 ENGINEERING SERVICES.
1A4A..........................................  AIR OPERATIONS AND SAFETY                  6,992           6,992
                                                 SUPPORT.
1A4N..........................................  AIR SYSTEMS SUPPORT.............          16,722          14,157
                                                Hire Iraqis to perform contract                           -2,565
                                                 services.
1A5A..........................................  AIRCRAFT DEPOT MAINTENANCE......          53,317          53,317
1B1B..........................................  MISSION AND OTHER SHIP                   224,172         224,172
                                                 OPERATIONS.
1B2B..........................................  SHIP OPERATIONS SUPPORT &                 13,140          13,140
                                                 TRAINING.
1B4B..........................................  SHIP DEPOT MAINTENANCE..........         155,123         155,123
1B5B..........................................  SHIP DEPOT OPERATIONS SUPPORT...             125             125
1C1C..........................................  COMBAT COMMUNICATIONS...........           7,196           7,196
1C2C..........................................  ELECTRONIC WARFARE..............          57,523          57,523
1C4C..........................................  WARFARE TACTICS.................           5,661           5,661
1C5C..........................................  OPERATIONAL METEOROLOGY AND                5,953           5,953
                                                 OCEANOGRAPHY.
1C6C..........................................  COMBAT SUPPORT FORCES...........         638,709         633,769
                                                Hire Iraqis to perform contract                           -4,940
                                                 services.
1C7C..........................................  EQUIPMENT MAINTENANCE...........             108             108
1CCH..........................................  COMBATANT COMMANDERS CORE                  1,278           1,278
                                                 OPERATIONS.
1CCM..........................................  COMBATANT COMMANDERS DIRECT               13,751          13,751
                                                 MISSION SUPPORT.
1D3D..........................................  IN-SERVICE WEAPONS SYSTEMS                23,995          23,995
                                                 SUPPORT.
1D4D..........................................  WEAPONS MAINTENANCE.............          64,188          64,188

1D7D..........................................  OTHER WEAPON SYSTEMS SUPPORT....           7,738           7,738
BSM1..........................................  SUSTAINMENT, RESTORATION AND              12,887          12,887
                                                 MODERNIZATION.
BSS1..........................................  BASE OPERATING SUPPORT..........         148,102         148,102
                                                TOTAL BA-1......................       2,044,215       2,024,833

2A1F..........................................  SHIP PREPOSITIONING AND SURGE...           9,618           9,618
2C1H..........................................  FLEET HOSPITAL PROGRAM..........           1,514           1,514
2C3H..........................................  COAST GUARD SUPPORT.............         131,547         131,547
                                                TOTAL BA-2......................         142,679         142,679

3B1K..........................................  SPECIALIZED SKILL TRAINING......          36,384          36,384
                                                TOTAL BA-3......................          36,384          36,384

4A1M..........................................  ADMINISTRATION..................           1,257           1,257
4A2M..........................................  EXTERNAL RELATIONS..............             162             162
4A4M..........................................  MILITARY MANPOWER AND PERSONNEL            2,220           2,220
                                                 MANAGEMENT.
4A5M..........................................  OTHER PERSONNEL SUPPORT.........             851             851
4A6M..........................................  SERVICEWIDE COMMUNICATIONS......           7,546           7,546
4B1N..........................................  SERVICEWIDE TRANSPORTATION......          73,762          73,762
4B3N..........................................  ACQUISITION AND PROGRAM                   11,213          11,213
                                                 MANAGEMENT.
4B7N..........................................  SPACE AND ELECTRONIC WARFARE               1,057           1,057
                                                 SYSTEMS.
4C1P..........................................  NAVAL INVESTIGATIVE SERVICE.....          25,768          22,993
                                                CNO Nodal analysis..............                          -2,775
9999..........................................  OTHER PROGRAMS..................          43,002          43,002
                                                TOTAL BA-4......................         166,838         164,063
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,       2,390,116       2,367,959
                                                 Navy
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                     Operation and Maintenance, Marine Corps
----------------------------------------------------------------------------------------------------------------
1A1A..........................................  OPERATIONAL FORCES..............         731,707         712,646
                                                Hire Iraqis to perform contract                           -3,995
                                                 services.
                                                Intelligence Equipment Readiness                          -1,941
                                                Angel Fire......................                         -13,125
1A2A..........................................  FIELD LOGISTICS.................         120,593         120,593
1A3A..........................................  DEPOT MAINTENANCE...............         108,600         108,600
1B1B..........................................  MARITIME PREPOSITIONING.........           5,942           5,942
                                                TOTAL BA-1......................         966,842         947,781
3B4D..........................................  TRAINING SUPPORT................          60,000          60,000
                                                TOTAL BA-3......................          60,000          60,000
4A3G..........................................  SERVICEWIDE TRANSPORTATION......          64,000          76,300
                                                Increased cost of route to                                12,300
                                                 Afghanistan.
                                                TOTAL BA-4......................          64,000          76,300
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,       1,090,842       1,084,081
                                                 Marine Corps
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                      Operation and Maintenance, Air Force
----------------------------------------------------------------------------------------------------------------
011A..........................................  PRIMARY COMBAT FORCES...........       1,091,423       1,091,423
011B..........................................  PRIMARY COMBAT WEAPONS..........          35,340          35,340
011C..........................................  COMBAT ENHANCEMENT FORCES.......         442,514         442,514
011D..........................................  AIR OPERATIONS TRAINING.........          41,984          41,984
011E..........................................  COMBAT COMMUNICATIONS...........         567,503         551,503
                                                Air Force DCGS..................                         -16,000
011M..........................................  DEPOT MAINTENANCE...............         457,219         457,219
011Z..........................................  BASE SUPPORT....................         633,119         583,091
                                                Unjustified growth..............                         -50,028
012A..........................................  GLOBAL C3I AND EARLY WARNING....         116,948         116,948
012B..........................................  NAVIGATION/WEATHER SUPPORT......           9,784           9,784
012C..........................................  OTHER COMBAT OPS SPT PROGRAMS...         252,481         252,481
012E..........................................  MANAGEMENT/OPERATIONAL HQ.......         133,718         130,149
                                                Hire Iraqis to perform contract                           -3,569
                                                 services.
012F..........................................  TACTICAL INTEL AND OTHER SPECIAL             881             881
                                                 ACTIVITIES.

013A..........................................  LAUNCH FACILITIES...............           5,700           5,700
013B..........................................  LAUNCH VEHICLES.................              40              40
013C..........................................  SPACE CONTROL SYSTEMS...........           4,407           4,407
013D..........................................  SATELLITE SYSTEMS...............           1,602           1,602
013E..........................................  OTHER SPACE OPERATIONS..........          24,502          24,502
013R..........................................  SUSTAINMENT, RESTORATION AND               4,989           4,989
                                                 MODERNIZATION.
013Z..........................................  BASE SUPPORT....................          14,509          14,509
                                                TOTAL BA-1......................       3,838,663       3,769,066

021A..........................................  AIRLIFT OPERATIONS..............       1,514,035       1,514,035
021B..........................................  AIRLIFT OPERATIONS C3I..........          37,755          37,755
021D..........................................  MOBILIZATION PREPAREDNESS.......         115,681         115,681
021M..........................................  DEPOT MAINTENANCE...............          65,329          65,329
021R..........................................  SUSTAINMENT, RESTORATION AND               1,164           1,164
                                                 MODERNIZATION.
021Z..........................................  BASE SUPPORT....................           5,504           5,504
                                                TOTAL BA-2......................       1,739,468       1,739,468

031B..........................................  RECRUIT TRAINING................           2,748           2,748
031Z..........................................  BASE SUPPORT....................             683             683
032A..........................................  SPECIALIZED SKILL TRAINING......           1,036           1,036
032B..........................................  FLIGHT TRAINING.................             141             141
032C..........................................  PROFESSIONAL DEVELOPMENT                   1,155           1,155
                                                 EDUCATION.
032D..........................................  TRAINING SUPPORT................             660             660
032R..........................................  FACILITIES SUSTAINMENT,                      106             106
                                                 RESTORATION & MODERNIZATION.
032Z..........................................  BASE SUPPORT....................           5,164           5,164
                                                TOTAL BA-3......................          11,693          11,693

041A..........................................  LOGISTICS OPERATIONS............         226,025         226,025
041B..........................................  TECHNICAL SUPPORT ACTIVITIES....          18,958          18,958
041C..........................................  SERVICEWIDE TRANSPORTATION......         133,824         150,655
                                                Increased cost of route to                                16,831
                                                 Afghanistan.
041Z..........................................  BASE SUPPORT....................          23,100          23,100
042A..........................................  ADMINISTRATION..................           4,532           4,532
042B..........................................  SERVICEWIDE COMMUNICATIONS......          51,912          51,912
042C..........................................  PERSONNEL PROGRAM...............             775             775
042G..........................................  OTHER SERVICEWIDE ACTIVITIES....          75,482          75,482
042H..........................................  OTHER PERSONNEL SUPPORT.........           2,630           2,630
042Z..........................................  BASE SUPPORT....................           7,890           7,890
043A..........................................  SECURITY PROGRAMS...............         152,283         127,747
                                                Classified adjustment...........                         -24,536
044A..........................................  INTERNATIONAL SUPPORT...........           6,796           6,796
                                                TOTAL BA-4......................         704,207         696,502
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,       6,294,031       6,216,729
                                                 Air Force
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                     Operation and Maintenance, Defense-Wide
----------------------------------------------------------------------------------------------------------------
10............................................  JOINT CHIEFS OF STAFF...........          25,000          10,000
                                                Combatant Commander's Initiative                         -15,000
                                                 Fund Program Reduction.

XX............................................  SPECIAL OPERATIONS COMMAND......       1,448,401       1,448,401
170...........................................  DEFENSE MEDIA ACTIVITY..........          11,185          11,185
100...........................................  DEFENSE CONTRACT AUDIT AGENCY...           7,600           7,600
220...........................................  DEFENSE CONTRACT MANAGEMENT               15,000          15,000
                                                 AGENCY.
120...........................................  DEFENSE HUMAN RESOURCES ACTIVITY           7,300           7,300
130...........................................  DEFENSE INFORMATION SYSTEMS              118,705         118,705
                                                 AGENCY.
150...........................................  DEFENSE LEGAL SERVICES AGENCY...          82,626          58,600
                                                Office of Military Commission...                         -24,026
210...........................................  DEPARTMENT OF DEFENSE EDUCATION          682,740         807,840
                                                 AGENCY.
                                                Family Advocacy Program.........                         125,100
230...........................................  DEFENSE SECURITY COOPERATION           1,430,000       1,040,000
                                                 AGENCY.
                                                Coalition Support Funds.........                        -240,000
                                                Lift and Sustain................                        -150,000
XX............................................  DEFENSE THREAT REDUCTION AGENCY.          15,200          15,200
270...........................................  OFFICE OF THE SECRETARY OF                96,472          96,472
                                                 DEFENSE.
XX............................................  NATIONAL GUARD BORDER SECURITY..         350,000         350,000
XX............................................  OTHER PROGRAMS..................       1,377,254       1,367,398
                                                Program adjustment..............                          -9,856
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,       5,667,483       5,353,701
                                                 Defense-Wide
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                     Operation and Maintenance, Army Reserve
----------------------------------------------------------------------------------------------------------------
113...........................................  ECHELONS ABOVE BRIGADE..........           7,831           7,831
121...........................................  FORCE READINESS OPERATIONS                27,200          13,500
                                                 SUPPORT.
                                                Tuition assistance..............                         -13,700
122...........................................  LAND FORCES SYSTEMS READINESS...          29,600          29,600
131...........................................  BASE OPERATIONS SUPPORT.........          46,286          46,286
434...........................................  RECRUITING AND ADVERTISING......           4,100           4,100
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,         115,017         101,317
                                                 Army Reserve
----------------------------------------------------------------------------------------------------------------

                                     Operation and Maintenance, Navy Reserve
----------------------------------------------------------------------------------------------------------------
1A1A..........................................  MISSION AND OTHER FLIGHT                   9,769           9,769
                                                 OPERATIONS.
1A3A..........................................  INTERMEDIATE MAINTENANCE........              21              21
1A5A..........................................  AIRCRAFT DEPOT MAINTENANCE......           2,329           2,329
1B1B..........................................  MISSION AND OTHER SHIP                     1,251               0
                                                 OPERATIONS.
                                                Unjustified fuel cost increase..                          -1,251
1C1C..........................................  COMBAT COMMUNICATIONS...........           1,460           1,460
1C6C..........................................  COMBAT SUPPORT FORCES...........           8,830           8,830
BSSR..........................................  BASE OPERATING SUPPORT..........           1,909           1,909
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,          25,569          24,318
                                                 Navy Reserve
----------------------------------------------------------------------------------------------------------------

                                 Operation and Maintenance, Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
1A1A..........................................  OPERATING FORCES................          30,775          30,775
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,          30,775          30,775
                                                 Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------

                                  Operation and Maintenance, Air Force Reserve
----------------------------------------------------------------------------------------------------------------
011A..........................................  PRIMARY COMBAT FORCES...........           7,424           7,424
011G..........................................  MISSION SUPPORT OPERATIONS......          27,175          27,175
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,          34,599          34,599
                                                 Air Force Reserve
----------------------------------------------------------------------------------------------------------------

                                 Operation and Maintenance, Army National Guard
----------------------------------------------------------------------------------------------------------------
111...........................................  MANEUVER UNITS..................          48,172          48,172
116...........................................  AVIATION ASSETS.................          58,367          58,367
131...........................................  BASE OPERATIONS SUPPORT.........          22,000          22,000
135...........................................  ADDITIONAL ACTIVITIES...........          74,860          49,907
                                                Unjustified growth for                                   -24,953
                                                 acceleration of Grow the Army.
----------------------------------------------------------------------------------------------------------------
                                                Total Operation and Maintenance,         203,399         178,446
                                                 Army National Guard
----------------------------------------------------------------------------------------------------------------

                                                Iraq Freedom Fund
----------------------------------------------------------------------------------------------------------------

                                                IRAQ FREEDOM FUND...............         415,000         365,000
                                                Guantanamo Bay..................                         -50,000
----------------------------------------------------------------------------------------------------------------
                                                Total Iraq Freedom Fund                  415,000         365,000
----------------------------------------------------------------------------------------------------------------

                                        Afghanistan Security Forces Fund
----------------------------------------------------------------------------------------------------------------

                                                AFGHANISTAN SECURITY FORCES FUND       3,606,939       3,606,939
----------------------------------------------------------------------------------------------------------------
                                         Pakistan Counterinsurgency Fund
----------------------------------------------------------------------------------------------------------------
                                                PAKISTAN COUNTERINSURGENCY FUND.         400,000         400,000
----------------------------------------------------------------------------------------------------------------
                                                Total Pakistan Counterinsurgency         400,000         400,000
                                                 Fund
----------------------------------------------------------------------------------------------------------------

               CONTRACT SERVICES IN IRAQ AND AFGHANISTAN

    The Committee is concerned with the growth of service 
contracts to support the operations in Iraq and Afghanistan, as 
well as the Department's inability to provide details on 
service contracts as requested in past years. According to the 
Department's monthly report on the cost of contingency 
operations, the obligations for miscellaneous service contracts 
increased 276 percent between fiscal year 2007 and fiscal year 
2008; from $2,500,000,000 to $9,400,000,000. In addition, the 
Department of Defense maintained level funding of 
$5,400,000,000 for the Army-managed Logistics Civil 
Augmentation Program (LOGCAP). The Department of Defense has 
indicated a need for approximately $25,000,000,000 of operation 
and maintenance funding for contracted services in support of 
Operation Iraqi Freedom and Operation Enduring Freedom during 
fiscal year 2009. This includes $10,800,000,000 for 
miscellaneous contract services and $6,300,000,000 for the 
LOGCAP contract.
    In January 2009, the Commanding General, Multi-National 
Force--Iraq, issued a memorandum with the subject line: 
``Increased Employment of Iraqi Citizens through Command 
Contracts''. The memorandum directed employment of Iraqis 
rather than U.S. or third country nationals by awarding 
contracts for services in Iraq to Iraqis. The memo stated 
``employment of Iraqis not only saves money but it also 
strengthens the Iraqi economy and helps eliminate the root 
causes of the insurgency--poverty and lack of economic 
opportunity''. The memorandum set a goal of ``. . . decreasing 
the overall number of contractors by five percent each quarter 
while also increasing the percentage of Iraqis employed.'' The 
memorandum further stated ``. . . I direct commanders at all 
levels to make cost reduction and employment of Iraqis a 
priority.'' However, the supplemental budget request does not 
reflect this direction. The Committee recommends adjustments 
totaling $299,883,000 to reflect the reduced cost of replacing 
five percent of U.S. and third country nationals with Iraqis in 
the second and third quarters of fiscal year 2009 for the 
portion of miscellaneous service contracts, LOGCAP contracts 
and contractor subsistence costs that support Operation Iraqi 
Freedom. The Committee further recommends that the Department 
adopt a similar policy for the employment of Afghani nationals 
rather than U.S. or third country nationals for services in 
Afghanistan.

                        REPORTING OF CONTRACTORS

    The Committee remains concerned about the continued lack of 
transparency and accountability with regard to contractors 
serving in both theaters of operation (Iraq and Afghanistan). 
The Department of Defense has deployed and employed hundreds of 
thousands of contractors in Iraq, Afghanistan and other United 
States Central Command (USCENTCOM) areas of responsibility 
(AOR). Over the past several years the number of contractors 
has steadily increased, but with the anticipated drawdown from 
Iraq, USCENTCOM plans to reduce the overall number of 
contractors in Iraq by five percent each quarter while also 
increasing the percentage of Iraqis employed. However, the 
fiscal year 2009 supplemental budget request does not reflect 
funding of these plans nor does it provide an explanation as to 
how USCENTCOM will execute these plans.
    The Committee directs that upon enactment of this Act, the 
Secretary of Defense shall commence monthly reporting to the 
Committees on Appropriations of both the House of 
Representatives and the Senate on the number of contractors in 
the USCENTCOM AOR that shall include the following information:
          --The number of U.S. citizen contractors in Iraq
          --The number of third country national contractors in 
        Iraq
          --The number of local/host country national 
        contractors in Iraq
          --The number of U.S. citizen contractors in 
        Afghanistan
          --The number of third country national contractors in 
        Afghanistan
          --The number of local/host country national 
        contractors in Afghanistan
          --The number of U.S. citizen contractors in other 
        USCENTCOM locations
          --The number of third country national contractors in 
        other USCENTCOM locations
          --The number of local/host country national 
        contractors in other USCENTCOM locations
          --How USCENTCOM intends to achieve the stated goal of 
        a five percent reduction in the number of contractors 
        in Iraq each quarter
    This report shall also include a percentage determination 
of the type of contract service provided as follows:
          --construction
          --base support
          --translators or interpreters
          --transportation
          --security
          --communications support
          --other

                 TRANSPORTATION COSTS INTO AFGHANISTAN

    Transporting supplies and equipment into Afghanistan using 
supply routes through Pakistan has become more dangerous and 
congested. On April 3, 2009, the Commander, United States 
Central Command, announced a new northern overland supply route 
into Afghanistan. Approximately 43 percent of the overland 
transportation will come through the new supply route, and the 
remainder of ground transported material will continue to be 
shipped through Pakistan. The benefits of the new route include 
overall safety and stress relief on the northern Pakistani 
route. However, the new route is significantly more expensive. 
When the new supply route was announced, the supplemental 
request was complete; therefore, the cost of the new route was 
not reflected in the request. The Committee recommends 
adjustments totaling $225,200,000 to reflect the increased cost 
of transportation along the new supply route.

                 COMMANDER'S EMERGENCY RESPONSE PROGRAM

    The Committee is disappointed that poor management and 
oversight continue to permit waste and abuse of the Commander's 
Emergency Response Program (CERP). A draft report by the 
Government Accountability Office (GAO) highlights a concern 
about CERP raised by the Committee in 2008: the inadequate 
training provided to combat personnel who execute and oversee 
this program. The GAO found that key CERP personnel at 
headquarters, units and provincial reconstruction teams in 
Afghanistan receive little or no training prior to deployment. 
Also, most personnel responsible for awarding and overseeing 
CERP contracts valued at $500,000 or less received little or no 
training prior to deployment and, once deployed, received a one 
hour briefing, which did not provide detailed information on 
the individuals' duties. Therefore, the Committee directs the 
Secretary of Defense to transmit to the congressional defense 
committees, not later than 90 days after enactment of this Act, 
a report on training provided for members of the United States 
Armed Forces deploying to Afghanistan and Iraq on the use of 
funds under the Commander's Emergency Response Program. The 
report shall include the following: a description of training 
on the process of choosing projects to be carried out under 
CERP currently provided to members of the Armed Forces, both 
pre-deployment and in-theater; a description of training on 
carrying out required follow-up assessments or quality control 
measures for in-progress or completed projects carried out 
under CERP; and measures to improve training or to provide 
additional information for personnel deploying to Afghanistan, 
or already in Afghanistan, to assist them in planning, carrying 
out, inspecting, or carrying out follow-up assessments of CERP 
projects.
    The Committee is also concerned that, while the U.S. troop 
presence in Iraq is no longer open-ended, it is unclear whether 
the Department will similarly curtail CERP funding. Therefore, 
the Committee directs the Secretary of Defense, not later than 
45 days after enactment of this Act, to transmit to the 
congressional defense committees a timeline for reducing and 
eventually phasing out the Commander's Emergency Response 
Program in Iraq.

                        GUANTANAMO BAY DETAINEES

    The Committee has not provided $50,000,000 requested to 
support implementation of a future decision by the 
Administration on the disposition of individuals currently 
detained at the Guantanamo Bay Naval Base. At this time, the 
Department of Defense is awaiting a decision on the future of 
the detention facility at Guantanamo Bay Naval Base, which is 
currently under review by an administration task force. Once a 
decision has been made, the Committee expects the Department to 
report on its plan for implementation and submit a 
reprogramming request for any funds it requires to relocate 
detainees from the Guantanamo Bay Naval Base, to relocate 
military and support forces associated with detainee 
operations, and to close detainee facilities.

                    PAKISTAN COUNTERINSURGENCY FUND

    The Committee recommendation includes $400,000,000, as 
requested by the Administration, for a counterinsurgency fund 
under the authority of the Secretary of Defense, with the 
concurrence of the Secretary of State. The Committee is 
providing the initial funding for counterinsurgency activities 
for Pakistani security forces within the Department of Defense 
appropriations in fiscal year 2009 and provides an additional 
$400,000,000 in the Department of State appropriations. The 
Committee has taken this action in response to the request of 
the Secretary of Defense in his April 30, 2009 testimony before 
the Senate Appropriations Committee. The Committee intends that 
the authority provided in the account to the Secretary of 
Defense shall expire concurrent with the expiration of funds 
and such authority shall be assumed by the Secretary of State 
in subsequent fiscal years.

                        FAMILY ADVOCACY PROGRAM

    The Committee recommendation includes a total of 
$739,582,000 for family advocacy programs to provide counseling 
and family assistance including child psychologists, and other 
intervention efforts. The Committee recommends $125,100,000 
above the request in order to enhance the activities of the 
Family Advocacy Program and provide for children and families 
managing the difficult challenges of military service. The 
funding provided is for, but not limited to, child care, 
counseling, spouse certification and licensure, and Joint 
Family Assistance Centers. Funding is also available for the 
Warrior Family Community Partnership to provide assistance to 
all soldiers and families. The Committee understands and is 
concerned about the growing need for family members to have 
access to professional counseling and services to help 
alleviate the mental stresses associated with deployments. The 
activities provide programs, products and services to help 
mitigate the disruption and stress in the military family when 
a servicemember is deployed, killed or seriously wounded.

                            COMBAT UNIFORMS

    In the course of visits to military installations 
throughout CONUS and overseas, the Committee has conducted an 
extensive review of the equipment needed by service members 
engaged in combat operations. From discussions with senior 
enlisted personnel at Fort Benning, the Committee understands 
that soldiers deployed to Afghanistan have serious concerns 
about the concurrent combat uniform which they indicate 
provides ineffective camouflage given the environment in 
Afghanistan. Accordingly, the Committee directs that within the 
funding made available in this title, the Department of Defense 
provide combat uniforms to personnel deployed to Afghanistan 
with a camouflage pattern that is suited to the environment of 
Afghanistan.

                              PROCUREMENT

    The Committee recommends an additional appropriation of 
$23,045,559,000 for Procurement, as shown below:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Committee
                      P-1                                                         Budget request    recommended
----------------------------------------------------------------------------------------------------------------
                                           Aircraft Procurement, Army
----------------------------------------------------------------------------------------------------------------
11............................................  UH-60 BLACKHAWK (MYP)...........          81,400          81,400
8.............................................  CH-47 HELICOPTER (MYP)..........         120,000         210,000
                                                Provides funding for three        ..............          90,000
                                                 additional CH-47 aircraft for
                                                 expanded aviation requirements
                                                 in Overseas Contingency
                                                 Operations
18............................................  GUARDRAIL MODS (MIP)............          39,700          39,700
20............................................  AH-64 MODS......................         354,360         787,060
                                                Provides funding for conversion   ..............         432,700
                                                 of one Army National Guard AH-
                                                 64A battalion from A to D model
                                                 aircraft
22............................................  CH-47 CARGO HELICOPTER MODS                9,760           9,760
                                                 (MYP).
32............................................  ASE INFRARED COUNTERMEASURES....         132,800         132,800
35............................................  AIRCREW INTEGRATED SYSTEMS......           3,584           3,584
36............................................  AIR TRAFFIC CONTROL.............          21,000          21,000
----------------------------------------------------------------------------------------------------------------
                                                Total Aircraft Procurement, Army         762,604       1,285,304
----------------------------------------------------------------------------------------------------------------
                                            Missile Procurement, Army
----------------------------------------------------------------------------------------------------------------
5.............................................  HELLFIRE SYSTEM SUMMARY.........         228,430         208,430
                                                Aligns production scheduling and  ..............         -20,000
                                                 capacity.
6.............................................  JAVELIN (AAWS-M) SYSTEM SUMMARY.         119,327          99,327
                                                Aligns production scheduling and  ..............         -20,000
                                                 capacity.
7.............................................  TOW 2 SYSTEM SUMMARY............         349,684         299,684
                                                Aligns production scheduling and  ..............         -50,000
                                                 capacity.
8.............................................  GUIDED MLRS ROCKET (GMLRS)......          69,700          69,700
----------------------------------------------------------------------------------------------------------------
                                                Total Missile Procurement, Army          767,141         677,141
----------------------------------------------------------------------------------------------------------------
                        Procurement of Weapons and Tracked Combat Vehicles (W&TCV;), Army
----------------------------------------------------------------------------------------------------------------
4.............................................  STRYKER VEHICLE.................         112,734         451,134
                                                Provides funding to procure 225   ..............         338,400
                                                 Stryker Medical Evacuation
                                                 Vehicles and 35 Engineer Squad
                                                 Vehicles
10............................................  BRADLEY PROGRAM (MOD)...........         541,000         784,600
                                                Provides funding in support of    ..............         243,600
                                                 Bradley Fighting Vehicle Reset
                                                 requirements
12............................................  IMPROVED RECOVERY VEHICLE (M88A2         236,800         236,800
                                                 HERCULES).
15............................................  M1 ABRAMS TANK (MOD)............         378,000         346,500
                                                Aligns funding with Overseas      ..............         -31,500
                                                 Contingency Operations
                                                 Requirements
16............................................  ABRAMS UPGRADE PROGRAM..........         100,000         100,000
20............................................  M240 MEDIUM MACHINE GUN (7.62MM)          22,837          22,837
31............................................  COMMON REMOTELY OPERATED WEAPONS         279,500         279,500
                                                 STATION (CROWS).
36............................................  M2 50 CAL MACHINE GUN MODS......          12,500          12,500
----------------------------------------------------------------------------------------------------------------
                                                Total Procurement of W&TCV;, Army       1,683,371       2,233,871
----------------------------------------------------------------------------------------------------------------
                                         Procurement of Ammunition, Army
----------------------------------------------------------------------------------------------------------------
1.............................................  CTG, 5.56MM, ALL TYPES..........           3,000           3,000
2.............................................  CTG, 7.62MM, ALL TYPES..........           8,600           8,600
4.............................................  CTG, .50 CAL, ALL TYPES.........          56,600          56,600
6.............................................  CTG, 30MM, ALL TYPES............          10,000          10,000
7.............................................  CTG, 40MM, ALL TYPES............          25,750          25,750
16............................................  PROJ 155MM EXTENDED RANGE XM982.          35,000          35,000
17............................................  MODULAR ARTILLERY CHARGE SYSTEM           20,000          20,000
                                                 (MACS), ALL TYPES.
23............................................  SHOULDER LAUNCHED MUNITIONS, ALL          20,000          20,000
                                                 TYPES.
24............................................  ROCKET, HYDRA 70, ALL TYPES.....          26,000          26,000
25............................................  DEMOLITION MUNITIONS, ALL TYPES.             525             525
26............................................  GRENADES, ALL TYPES.............          10,000          10,000
28............................................  SIMULATORS, ALL TYPES...........           3,000           3,000
30............................................  NON-LETHAL AMMUNITION, ALL TYPES           1,800           1,800
39............................................  CONVENTIONAL MUNITIONS                     9,800           9,800
                                                 DEMILITARIZATION, ALL TYPES.
----------------------------------------------------------------------------------------------------------------
                                                Total Procurement of Ammunition,         230,075         230,075
                                                 Army
----------------------------------------------------------------------------------------------------------------
                                             Other Procurement, Army
----------------------------------------------------------------------------------------------------------------
1.............................................  TACTICAL TRAILERS/DOLLY SETS....         107,426         107,426
2.............................................  SEMI-TRAILERS, FLATBED:.........          60,686          60,686
4.............................................  HI MOB MULTI-PURP WHLD VEH               842,456         842,456
                                                 (HMMWV).
5.............................................  FAMILY OF MEDIUM TACTICAL VEH            574,121         574,121
                                                 (FMTV).
7.............................................  FAMILY OF HEAVY TACTICAL                 967,221         967,221
                                                 VEHICLES (FHTV).
9.............................................  ARMORED SECURITY VEHICLES (ASV).         137,583         137,583
10............................................  MINE PROTECTION VEHICLE FAMILY..         704,956         704,956
12............................................  TRUCK, TRACTOR, LINE HAUL, M915/           5,548           5,548
                                                 M916.
13............................................  HVY EXPANDED MOBILE TACTICAL             351,296         351,296
                                                 TRUCK XT SERVICE PROGRAM.
14............................................  HMMWV RECAPITALIZATION PROGRAM..         119,781         119,781
15............................................  MODIFICATION OF IN SERVICE               441,000         441,000
                                                 EQUIPMENT.
18............................................  HEAVY ARMORED SEDAN.............           1,700           1,700
19............................................  PASSENGER CARRYING VEHICLES.....           8,350           8,350
20............................................  NONTACTICAL VEHICLES, OTHER.....              50              50
23............................................  WIN-T--GROUND FORCES TACTICAL            400,590         400,590
                                                 NETWORK.
28............................................  NAVSTAR GLOBAL POSITIONING                 5,800           5,800
                                                 SYSTEM (SPACE).
31............................................  GLOBAL BRDCST SVC--GBS..........           2,400           2,400
XX............................................  SINCGARS--GROUND................         100,000               0
47............................................  RADIO, IMPROVED HF (COTS) FAMILY         170,700         170,700
50............................................  TSEC--ARMY KEY MGT SYS (AKMS)...             140             140
51............................................  INFORMATION SYSTEM SECURITY              110,332         110,332
                                                 PROGRAM--ISSP.
55............................................  WORLD-WIDE TECHNICAL CONTROL             298,400         298,400
                                                 IMPROVEMENT PROGRAM.
56............................................  INFORMATION SYSTEMS.............         100,120         100,120
62............................................  ALL SOURCE ANALYSIS SYS (ASAS)            21,200          21,200
                                                 (MIP).
65............................................  TACTICAL UNMANNED AERIAL SYS             236,780         316,780
                                                 (TUAS) (MIP).
                                                Provides funding for one Quick    ..............          80,000
                                                 Reaction Capability.
66............................................  SMALL UNMANNED AERIAL SYSTEM              27,547          27,547
                                                 (SUAS).
72............................................  TROJAN (MIP)....................          24,700          24,700
75............................................  SEQUOYAH FOREIGN LANGUAGE                 19,687               0
                                                 TRANSLATION SYSTEM.
                                                Requirement being met with        ..............         -19,687
                                                 available funding.
77............................................  LIGHTWEIGHT COUNTER MORTAR RADAR          34,500          25,900
                                                Adjusted requirement............  ..............          -8,600
78............................................  WARLOCK.........................         354,500         354,500
79............................................  COUNTERINTELLIGENCE/SECURITY             169,799         169,619
                                                 COUNTERMEASURES.
                                                Classified adjustment...........  ..............            -180
83............................................  NIGHT VISION DEVICES............          82,500          82,500
88............................................  COUNTER-ROCKET, ARTILLERY &              157,700         157,700
                                                 MORTAR (C-RAM).
89............................................  BASE EXPEDITIONARY TARGETING AND         280,500         280,500
                                                 SURVEILLANCE SYSTEM.
90............................................  ARTILLERY ACCURACY EQUIPMENT....           4,500           4,500
93............................................  PROFILER........................           1,600           1,600
94............................................  MOD OF IN-SVC EQUIP (FIREFINDER           11,053          11,053
                                                 RADARS).
95............................................  FORCE XXI BATTLE CMD BRIGADE &           135,000         135,000
                                                 BELOW (FBCB2).
104...........................................  FIRE SUPPORT C2 FAMILY..........          10,800          10,800
107...........................................  AIR & MSL DEFENSE PLANNING &               3,932           3,932
                                                 CONTROL SYSTEM (AMD PCS).
108...........................................  KNIGHT FAMILY...................          54,000          54,000
110...........................................  AUTOMATIC IDENTIFICATION                   3,000           3,000
                                                 TECHNOLOGY.
111...........................................  TC AIMS II......................           1,000               0
                                                Reduced requirement.............  ..............          -1,000
116...........................................  SINGLE ARMY LOGISTICS ENTERPRISE           4,900               0
                                                 (SALE).
                                                Fielding delayed................  ..............          -4,900
118...........................................  MOUNTED BATTLE COMMAND ON THE             18,000          18,000
                                                 MOVE (MBCOTM).
121...........................................  AUTOMATED DATA PROCESSING EQUIP.          72,856          51,700
                                                Funding provided supports         ..............         -21,156
                                                 Overseas Contingency Operations
                                                 requirements
122...........................................  CSS COMMUNICATIONS..............          48,254          41,554
                                                Reduced requirement.............  ..............          -6,700
XX............................................  OTHER PROGRAMS..................             573             573
133...........................................  TACTICAL BRIDGING...............          96,000          96,000
136...........................................  GRND STANDOFF MINE DETECTION             146,240         146,240
                                                 SYSTEM (GSTAMIDS).
137...........................................  EXPLOSIVE ORDNANCE DISPOSAL                  700             700
                                                 EQUIPMENT.
141...........................................  LAUNDRIES, SHOWERS AND LATRINES.           2,200           2,200
XX............................................  LAND WARRIOR....................             700             700
149...........................................  CARGO AERIAL DEL & PERSONNEL               8,700           8,700
                                                 PARACHUTE SYSTEM.
151...........................................  ITEMS LESS THAN $5M (ENG SPT)...           5,929           5,929
153...........................................  DISTRIBUTION SYSTEMS, PETROLEUM            4,600           4,600
                                                 & WATER.
155...........................................  COMBAT SUPPORT MEDICAL..........           2,934           2,934
156...........................................  MOBILE MAINTENANCE EQUIPMENT               2,689           2,689
                                                 SYSTEMS.
158...........................................  GRADER, ROAD MTZD, HVY, 6X4                7,514           7,514
                                                 (CCE).
163...........................................  LOADERS.........................          21,650          21,650
165...........................................  TRACTOR, FULL TRACKED...........          13,088          13,088
168...........................................  HIGH MOBILITY ENGINEER EXCAVATOR          27,250          27,250
                                                 (HMEE) FAMILY OF SYSTEMS
174...........................................  GENERATORS AND ASSOCIATED EQUIP.          17,000          17,000
175...........................................  ROUGH TERRAIN CONTAINER HANDLER           20,200          40,200
                                                 (RTCH).
                                                Transfer from All Terrain         ..............          20,000
                                                 Lifting Army System.
176...........................................  ALL TERRAIN LIFTING ARMY SYSTEM.          21,000           1,000
                                                Transfer to Rough Terrain         ..............         -20,000
                                                 Container Handler.
177...........................................  COMBAT TRAINING CENTERS SUPPORT.          40,700          40,700
178...........................................  TRAINING DEVICES, NONSYSTEM.....          22,741          22,741
185...........................................  RAPID EQUIPPING SOLDIER SUPPORT          305,200         305,200
                                                 EQUIPMENT.
186...........................................  PHYSICAL SECURITY SYSTEMS (OPA3)          25,000          25,000
190...........................................  BUILDING, PRE-FAB, RELOCATABLE..          40,000          40,000
----------------------------------------------------------------------------------------------------------------
                                                Total Other Procurement, Army          8,121,572       8,039,349
----------------------------------------------------------------------------------------------------------------

                                           Aircraft Procurement, Navy
----------------------------------------------------------------------------------------------------------------
10............................................  UH-1Y/AH-1Z.....................         102,400         277,400
                                                Procure seven additional combat   ..............         175,000
                                                 loss replacement aircraft.
12............................................  MH-60S (MYP)....................          46,100          46,100
32............................................  AV-8 SERIES.....................          40,580          40,580
33............................................  F-18 SERIES.....................          32,834          26,434
                                                Excessive IDECM delivery time...  ..............          -6,400
34............................................  H-46 SERIES.....................          18,300          18,300
36............................................  H-53 SERIES.....................          16,920          16,920
XX............................................  P-3 SERIES......................  ..............         100,000
                                                Wing Kits.......................  ..............         100,000
50............................................  SPECIAL PROJECT AIRCRAFT........          84,645               0
                                                Excessive delivery time.........  ..............         -84,645
55............................................  COMMON ECM EQUIPMENT............         163,390         163,390
59............................................  V-22 (TILT/ROTOR ACFT) OSPREY...           1,830               0
                                                Non-emergency modification......  ..............          -1,830
60............................................  SPARES AND REPAIR PARTS.........          16,000           2,800
                                                Excess initial spares funding...  ..............         -13,200
61............................................  COMMON GROUND EQUIPMENT.........          78,000               0
                                                Non-emergency trainer             ..............         -78,000
                                                 procurement.
----------------------------------------------------------------------------------------------------------------
                                                Total Aircraft Procurement, Navy         600,999         691,924
----------------------------------------------------------------------------------------------------------------

                                            Weapons Procurement, Navy
----------------------------------------------------------------------------------------------------------------
10............................................  HELLFIRE........................          27,500          27,500
28............................................  FIRST DESTINATION TRANSPORTATION           1,905               0
                                                Excess funding..................  ..............          -1,905
29............................................  SMALL ARMS AND WEAPONS..........           4,198           4,198
36............................................  MARINE CORPS TACTIAL UNMANNED             65,937               0
                                                 AERIAL SYSTEM.
                                                Aligns Shadow UAV TDCL upgrade    ..............         -65,937
                                                 with Army plan.
----------------------------------------------------------------------------------------------------------------
                                                Total Weapons Procurement, Navy           99,540          31,698
----------------------------------------------------------------------------------------------------------------

                                    Procurement of Ammo, Navy & Marine Corps
----------------------------------------------------------------------------------------------------------------
1.............................................  GENERAL PURPOSE BOMBS...........          30,359          30,359
3.............................................  AIRBORNE ROCKETS, ALL TYPES.....          24,899          24,899
7.............................................  AIR EXPENDABLE COUNTERMEASURES..          16,200          16,200
11............................................  OTHER SHIP GUN AMMUNITION.......             907             907
12............................................  SMALL ARMS & LANDING PARTY AMMO.           1,205           1,205
13............................................  PYROTECHNIC AND DEMOLITION......             351             351
15............................................  SMALL ARMS AMMUNITION...........          34,902          34,902
16............................................  LINEAR CHARGES, ALL TYPES.......          12,819          12,819
17............................................  40 MM, ALL TYPES................          25,129          25,129
18............................................  60MM, ALL TYPES.................          20,197          20,197
19............................................  81MM, ALL TYPES.................          42,275          42,275
20............................................  120MM, ALL TYPES................          34,310          34,310
22............................................  GRENADES, ALL TYPES.............          16,066          16,066
23............................................  ROCKETS, ALL TYPES..............           5,380           5,380
24............................................  ARTILLERY, ALL TYPES............          63,752          63,752
26............................................  DEMOLITION MUNITIONS, ALL TYPES.          13,533          13,533
27............................................  FUZE, ALL TYPES.................           4,477           4,477
28............................................  NON LETHALS.....................           2,158           2,158
----------------------------------------------------------------------------------------------------------------
                                                Total Procurement of Ammo, Navy          348,919         348,919
                                                 & Marine Corps
----------------------------------------------------------------------------------------------------------------

                                             Other Procurement, Navy
----------------------------------------------------------------------------------------------------------------
40............................................  SURTASS.........................           2,500               0
                                                Non-emergency modification......  ..............          -2,500
43............................................  SHIPBOARD IW EXPLOIT............          14,400          14,400
56............................................  MATCALS.........................          59,243               0
                                                Non-emergency modification/Grow   ..............         -59,243
                                                 the Force.
66............................................  GCCS-M EQUIPMENT TACTICAL/MOBILE           7,350           7,350
67............................................  COMMON IMAGERY GROUND SURFACE             24,518               0
                                                 SYSTEMS.
                                                Non-emergency TES upgrades......  ..............         -24,518
76............................................  SHIP COMMUNICATIONS AUTOMATION..           7,600           6,350
                                                Excessive growth................  ..............          -1,250
116...........................................  EXPLOSIVE ORDNANCE DISPOSAL               29,460          29,460
                                                 EQUIP.
123...........................................  CONSTRUCTION & MAINTENANCE EQUIP          33,000          33,000
125...........................................  TACTICAL VEHICLES...............           1,823           1,823
135...........................................  COMMAND SUPPORT EQUIPMENT.......          13,482          13,482
140...........................................  OPERATING FORCES SUPPORT                   5,220               0
                                                 EQUIPMENT.
                                                Non-emergency equipment.........  ..............          -5,220
141...........................................  C4ISR EQUIPMENT.................           3,000           3,000
143...........................................  PHYSICAL SECURITY EQUIPMENT.....          63,230          63,230
----------------------------------------------------------------------------------------------------------------
                                                Total Other Procurement, Navy            264,826         172,095
----------------------------------------------------------------------------------------------------------------

                                            Procurement, Marine Corps
----------------------------------------------------------------------------------------------------------------
1.............................................  AAV7A1 PIP......................              37              37
4.............................................  LAV PIP.........................         158,590         158,590
8.............................................  155MM LIGHTWEIGHT TOWED HOWITZER          69,000          69,000
9.............................................  HIGH MOBILITY ARTILLERY ROCKET            34,830          34,830
                                                 SYSTEM.
10............................................  WEAPONS AND COMBAT VEHICLES               10,829          10,829
                                                 UNDER $5 MILLION.
11............................................  MODULAR WEAPON SYSTEM...........           1,739           1,739
12............................................  MODIFICATION KITS...............          83,894          83,894
13............................................  WEAPONS ENHANCEMENT PROGRAM.....          32,461          32,461
15............................................  JAVELIN.........................          35,548          35,548
18............................................  MODIFICATION KITS...............          62,698          62,698
19............................................  UNIT OPERATIONS CENTER..........          29,334          29,334
20............................................  REPAIR AND TEST EQUIPMENT.......          46,145          46,145
21............................................  COMBAT SUPPORT SYSTEM...........           1,648           1,648
23............................................  ITEMS UNDER $5 MILLION (COMM &             2,282           2,282
                                                 ELEC).
24............................................  AIR OPERATIONS C2 SYSTEMS.......           1,064           1,064
25............................................  RADAR SYSTEMS...................          19,520          19,520
26............................................  FIRE SUPPORT SYSTEM.............           3,005           3,005
27............................................  INTELLIGENCE SUPPORT EQUIPMENT..          68,770          68,770
30............................................  NIGHT VISION EQUIPMENT..........          48,883          48,883
31............................................  COMMON COMPUTER RESOURCES.......          58,903          42,703
                                                Reduction of account for base                            -16,200
                                                 bill items.
32............................................  COMMAND POST SYSTEMS............          14,517          14,517
33............................................  RADIO SYSTEMS...................          45,675          45,675
34............................................  COMM SWITCHING & CONTROL SYSTEMS          16,400          16,400
38............................................  5/4T TRUCK HMMWV (MYP)..........         153,180         153,180
39............................................  MOTOR TRANSPORT MODIFICATIONS...          15,855          15,855
40............................................  MEDIUM TACTICAL VEHICLE                   29,891          29,891
                                                 REPLACEMENT.
41............................................  LOGISTICS VEHICLE SYSTEM REP....          23,814          23,814
42............................................  FAMILY OF TACTICAL TRAILERS.....           4,060           4,060
44............................................  ITEMS LESS THAN $5 MILLION......           1,389           1,389
45............................................  ENVIRONMENTAL CONTROL EQUIP                4,619           4,619
                                                 ASSORT.
46............................................  BULK LIQUID EQUIPMENT...........           3,962           3,962
47............................................  TACTICAL FUEL SYSTEMS...........          11,436          11,436
48............................................  POWER EQUIPMENT ASSORTED........          25,377          25,377
49............................................  AMPHIBIOUS SUPPORT EQUIPMENT....             545             545
50............................................  EOD SYSTEMS.....................         110,680         110,680
51............................................  PHYSICAL SECURITY EQUIPMENT.....         160,070          47,870
                                                Reduced by amount of GBOSS                              -112,200
                                                 reprogramming-program complete.
53............................................  MATERIAL HANDLING EQUIP.........          59,593          59,593
55............................................  FIELD MEDICAL EQUIPMENT.........          11,243          11,243
56............................................  TRAINING DEVICES................          50,927          50,927
57............................................  CONTAINER FAMILY................           1,079           1,079
58............................................  FAMILY OF CONSTRUCTION EQUIPMENT         105,990         105,990
59............................................  FAMILY OF INTERNALLY                      12,000          12,000
                                                 TRANSPORTABLE VEHICLES (ITV).
61............................................  RAPID DEPLOYABLE KITCHEN........           1,287           1,287
62............................................  ITEMS LESS THAN $5 MILLION......             617             617
63............................................  SPARES AND REPAIR PARTS.........           5,000           5,000
----------------------------------------------------------------------------------------------------------------
                                                Total Procurement, Marine Corps        1,638,386       1,509,986
----------------------------------------------------------------------------------------------------------------
                                         Aircraft Procurement, Air Force
----------------------------------------------------------------------------------------------------------------
4.............................................  F-22A...........................         600,000         600,000
XX............................................  C-17A...........................                       2,245,200
                                                Provides for 8 C-17 aircraft....                       2,245,200
XX............................................  C-130...........................                         904,200
                                                Provides for 3 MC-130J, 3 HC-                            904,200
                                                 130J, and 5 C-130J.
20............................................  C-12 A..........................          45,000          45,000
29............................................  MQ-9 UAV........................         195,858         305,858
                                                Provides for MQ-9 Reaper                                 110,000
                                                 aircraft.
36............................................  F-16............................          63,200          63,200
39............................................  C-5.............................         104,800          59,800
                                                Provides funding for C-5A                                -45,000
                                                 defensive systems and only four
                                                 LAIRCM systems due to inability
                                                 of Air Force to install within
                                                 the next 12 months
42............................................  C-17A...........................         230,200               0
                                                Provides no funding for LAIRCM                          -230,200
                                                 systems due to inability of Air
                                                 Force to install within the
                                                 next 12 months
52............................................  C-12............................          89,000         111,500
                                                C-12 Modifications transferred                            45,000
                                                 from line 89.
                                                Pricing correction on sensor                             -22,500
                                                 kits.
56............................................  C-130...........................         189,910         118,410
                                                Provides funding for only 11                             -71,500
                                                 LAIRCM systems due to inability
                                                 of Air Force to install within
                                                 the next 12 months
60............................................  DARP............................           6,250           6,250
66............................................  RQ-4 UAV MODS...................          32,000               0
                                                Groundbased Radar for Beale                              -32,000
                                                 (does not deliver until 2012).
69............................................  MQ-1 MODS.......................          49,500          49,500
70............................................  MQ-9 MODS.......................         114,700          32,700
                                                WAAS/Gorgon Stare Unjustified                            -82,000
                                                 Request.
XX............................................  COMMON SUPPORT EQUIPMENT........                           6,250
                                                Ten COTS Aircraft Air                                      6,250
                                                 Conditioning Systems for
                                                 Mobility aircraft in the
                                                 CENTCOM AOR
89............................................  OTHER PRODUCTION CHARGES........         641,000         573,000
                                                Transfer C-12 modifications to                           -45,000
                                                 Line 52.
                                                Classified adjustment...........                         -23,000
92............................................  DARP............................          17,400          17,400
----------------------------------------------------------------------------------------------------------------
                                                Total Aircraft Procurement, Air        2,378,818       5,138,268
                                                 Force
----------------------------------------------------------------------------------------------------------------
                                         Missile Procurement, Air Force
----------------------------------------------------------------------------------------------------------------
XX............................................  PREDATOR HELLFIRE MISSILE.......          57,416          57,416
----------------------------------------------------------------------------------------------------------------
                                                Total, Missile Procurement, Air           57,416          57,416
                                                 Force
----------------------------------------------------------------------------------------------------------------
                                      Procurement of Ammunition, Air Force
----------------------------------------------------------------------------------------------------------------
1.............................................  ROCKETS.........................           5,600           5,600
2.............................................  CARTRIDGES......................          21,884          21,884
3.............................................  PRACTICE BOMBS..................          21,200          21,200
4.............................................  GENERAL PURPOSE BOMBS...........          36,700          36,700
5.............................................  JOINT DIRECT ATTACK MUNITION....          85,400          85,400
7.............................................  EXPLOSIVE ORDNANCE DISPOSAL                3,000           3,000
                                                 (EOD).
12............................................  FUZES...........................           6,800           6,800
13............................................  SMALL ARMS......................           3,100           3,100
----------------------------------------------------------------------------------------------------------------
                                                Total Procurement of Ammunition,         183,684         183,684
                                                 Air Force
----------------------------------------------------------------------------------------------------------------
                                          Other Procurement, Air Force
----------------------------------------------------------------------------------------------------------------
XX............................................  PASSENGER CARRYING VEHICLES.....               0               0
                                                Transferred from OPAF, Other      ..............          12,555
                                                 Programs.
                                                Extremely low FY08 and FY09       ..............         -12,555
                                                 execution.
2.............................................  MEDIUM TACTICAL VEHICLE.........          15,000               0
                                                Extremely low FY08 and FY09                              -15,000
                                                 execution.
4.............................................  SECURITY AND TACTICAL VEHICLES..          17,500               0
                                                Extremely low FY08 and FY09       ..............         -17,500
                                                 execution.
5.............................................  FIRE FIGHTING/CRASH RESCUE                 9,566               0
                                                 VEHICLES.
                                                Extremely low FY08 and FY09       ..............          -9,566
                                                 execution.
7.............................................  RUNWAY SNOW REMOV AND CLEANING             1,544           1,544
                                                 EQUIPMENT.
XX............................................  OTHER PROGRAMS..................          12,555               0
                                                Transferred to OPAF, Passenger    ..............         -12,555
                                                 Carrying Vehicles.
12............................................  INTELLIGENCE COMM EQUIPMENT.....           6,570           6,570
14............................................  NATIONAL AIRSPACE SYSTEM........          19,100          19,100
15............................................  THEATER AIR CONTROL SYSTEMS                4,540           4,540
                                                 IMPROVEMENT.
16............................................  WEATHER OBSERVATION FORECAST....           2,780           2,780
25............................................  C3 COUNTERMEASURES..............           1,600           1,600
29............................................  BASE INFO INFRASTRUCTURE........          20,000               0
                                                Combat Information System         ..............         -20,000
                                                 (unjustified request).
30............................................  USCENTCOM.......................           8,100           8,100
42............................................  RADIO EQUIPMENT.................           7,000           7,000
46............................................  COMM ELECT MODS.................           6,415           6,415
47............................................  NIGHT VISION GOGGLES............          18,128          18,128
50............................................  BASE PROCURED EQUIPMENT.........           3,500           3,500
54............................................  ITEMS LESS THAN $5,000,000......          20,000          20,000
60............................................  DEFENSE SPACE RECONNAISSANCE              52,000          52,000
                                                 PROGRAM.
XX............................................  OTHER PROGRAMS..................       1,609,055       1,594,484
                                                Classified Adjustment...........  ..............         -14,571
----------------------------------------------------------------------------------------------------------------
                                                Total Other Procurement, Air           1,834,953       1,745,761
                                                 Force
----------------------------------------------------------------------------------------------------------------
                                            Procurement, Defense-Wide
----------------------------------------------------------------------------------------------------------------
XX............................................  OTHER PROGRAMS..................         183,071         183,071
69............................................  SOF ORDNANCE REPLENISHMENT......           1,000           1,000
71............................................  COMMUNICATIONS EQUIPMENT AND               3,100           3,100
                                                 ELECTRONICS.
72............................................  SOF INTELLIGENCE SYSTEMS........           8,100           8,100
95............................................  SOF OPERATIONAL ENHANCEMENTS....           1,797           4,797
                                                Tactical Combat Casualty Care     ..............           3,000
                                                 Equipment.
----------------------------------------------------------------------------------------------------------------
                                                Total Procurement, Defense-Wide          197,068         200,068
----------------------------------------------------------------------------------------------------------------
                                  National Guard and Reserve Equipment Account
----------------------------------------------------------------------------------------------------------------

                                                National Guard and Reserve        ..............         500,000
                                                 Equipment Account.
----------------------------------------------------------------------------------------------------------------

                       AH-64 APACHE MODIFICATIONS

    The Committee is aware that the Army has AH-64A Apache 
helicopter battalions in the Army National Guard that are not 
funded for modernization to the AH-64D, Longbow II 
configuration. The AH-64A helicopter is considered to be non-
deployable for overseas contingency operations due to its 
obsolete technology. The Committee is also aware that certain 
AH-64A battalions were scheduled to receive new production 
aircraft from the Armed Reconnaissance Helicopter program which 
was terminated on October 16, 2008. In order to modernize these 
Army National Guard battalions and to increase the number of 
critical Army aviation assets which are available for combat 
deployment, the Committee recommendation includes an increase 
of $432,700,000. The funding increase provides for 
modernization of 24 AH-64A aircraft to AH-64D Longbow II 
configuration. The funding also provides for a crew trainer and 
modernized fire control radar.

                            STRYKER VEHICLE

    The Committee recommendation includes an increase of 
$338,400,000 to purchase additional Stryker vehicles. The 
Committee is aware that the Army has diverted production of 
funded ambulance and engineer squad vehicles to support the 
fielding of a Theater Provided Equipment Stryker Brigade Combat 
Team set in Afghanistan. The Committee is aware of the 
excellent performance of Stryker vehicles in combat operations 
and supports the establishment of a Stryker vehicle set in 
Afghanistan. However, the Committee is also aware of the need 
for Stryker ambulances to replace Vietnam era M113 ambulances 
in certain brigade combat teams. Accordingly, the Committee 
recommendation includes an additional $338,400,000 to fund the 
procurement of 225 Stryker ambulances and 35 Engineer Squad 
vehicles.

       SINGLE CHANNEL GROUND AND AIRBORNE RADIO SYSTEM (SINCGARS)

    The budget request for supplemental funding for overseas 
contingency operations includes $100,000,000 for 5,771 SINCGARS 
radios, plus software, engineering support and logistical 
support. The SINCGARS VHF-FM radio system provides the primary 
means of communications for command and control for combat, 
combat support and combat service support units in the Army. 
The Committee understands that the additional funding proposed 
in the budget request will increase total funding that is 
available for SINCGARS
to a level sufficient to procure radios up to the Army 
Acquisition Objective of 581,000 radios. Additionally, it will 
fund sufficient radios and installation kits for a radio in 
every vehicle to counter potential incidents of fratricide, and 
enhance situational awareness. The Committee supports the Army 
goals for tactical radios and has been a strong supporter of 
funding for SINCGARS radios in prior supplemental and base 
budget requests. However, the Committee expressed concerns in 
the Explanatory Statement accompanying the Department of 
Defense Appropriations Act for Fiscal Year 2009, over the 
Army's management of contracts to achieve the Army Acquisition 
Objective. The Explanatory Statement directed that none of the 
funds provided in the Act could be used for procurement of 
SINCGARS radios until the Secretary of Defense certifies to the 
Congressional defense committees that any such procurement of 
SINCGARS radios will utilize full and open competition that 
will provide best value for Army radio requirements including 
consideration of multi-band, JTRS capable solutions. However, 
the Army justification material and subsequent discussions have 
failed to explain the Army Acquisition Objective of 581,000 
radios considering the recent announcement that the Army would 
not increase the number of brigade combat teams from 45 to 48. 
Accordingly, the Committee recommendation provides no funding 
for SINCGARS radios.

                         RAPID EQUIPPING FORCE

    The Committee recommendation provides $305,000,000 for the 
Rapid Equipping Force (REF), as proposed in the budget request. 
The Committee agrees with the Army Vice Chief of Staff's 
characterization of the REF as a ``national treasure'' and 
strongly believes the REF should be included as a permanent 
part of the Army's budgetary structure. The Committee commends 
the Army for including $99,000,000 in the request for Rapid 
Equipping Force funding for Counter Sniper and Soldier Wearable 
Acoustic Targeting Sniper Systems. This amount should satisfy 
numerous emergency requests from forward deployed and forward 
deploying units, and begins to address frustrations expressed 
by the Committee over the lack of responsiveness by the Army's 
acquisition process in fielding this life saving equipment. The 
Committee directs the Army to provide an acquisition objective 
and basis of issue plan for both vehicular and soldier wearable 
sniper detection equipment within 60 days of enactment of this 
Act. If shortfalls still exist, the Committee expects the Army 
to reprogram the necessary funds to accommodate the shortfalls.

                             P-3 WING KITS

    The Navy's fleet of P-3 Orion aircraft is flying missions 
in support of overseas contingency operations. The Navy has 
grounded 39 of the aircraft as a result of a wing fatigue 
failure due to age and heavy use. The recommendation provides 
$100,000,000 to procure replacement wing kits to return the 
grounded aircraft to service as soon as possible.

                          C-17 GLOBEMASTER III

    The Committee recommendation includes $2,245,200,000 for 
the procurement of eight C-17 Globemaster III aircraft. The C-
17 is the workhorse of the theater, flying fifty percent of all 
sorties for the United States Transportation Command over the 
last 24 months. These missions range from airdrops for troops 
in forward locations to aeromedical evacuation of 
servicemembers from theater back to the United States. While 
the aircraft is designed to fly 1,000 hours per year over 30 
years, over the last ten years the C-17 fleet has averaged 
1,250 hours per aircraft with some aircraft flying in excess of 
2,400 hours in a single year. This heavy usage is reducing the 
expected service life of the aircraft. The aircraft included in 
the recommendation will alleviate some of these issues by 
introducing new aircraft into the inventory.
    Further, the Committee is concerned that a decision on the 
continuation of the C-17 program was announced prior to the 
completion of the Mobility Capability and Requirements Study 
(MCRS), which will address the needs of the Department of 
Defense in 2016. Since the last MCRS in 2005, several changes 
have occurred that would change previous requirements to 
include the growth of ground forces, the increased size and use 
of Special Operations Forces, additional use of the C-17 in an 
intra-theater role, and the stand up of a new combatant 
command--United States Africa Command. It seems more prudent to 
continue the C-17 program until the results of the study are 
announced later this year.
    Additionally, the Air Force is encouraged to work with 
Congress and the reserve component to replace aging C-5A 
aircraft with C-17 aircraft. While there are concerns that 
reserve component aircraft are not utilized at the same rate as 
aircraft assigned to Air Mobility Command, the Committee 
believes that the Air Force can develop plans to work with the 
reserve component to address some of these issues (i.e. active 
association with Guard units).

                             F-18 AIRCRAFT

    The Committee believes the Department of Defense and the 
Congress must seriously come to grips with the looming 
shortfall in Navy tactical aircraft. Last year, the fiscal year 
2009 defense appropriations conference report noted the Navy 
faced a growing strike fighter shortfall due to the aging of 
the tactical aircraft fleet and the fact that the F-35 Joint 
Strike Fighter program will not begin to deliver carrier 
aircraft in significant quantities for years to come. At that 
time the Navy identified a shortfall of approximately 69 
aircraft. Thus, the conference report encouraged the Navy to 
budget for a third multi-year procurement of F-18 aircraft 
beginning in fiscal year 2010.
    More recent analysis has identified a Department of the 
Navy strike fighter shortfall in excess of 200 aircraft. 
Unfortunately the Navy plans to fund the procurement of only 
nine F-18 aircraft in fiscal year 2010, with no indication 
given as to its outyear plans. The Committee believes that the 
most cost-effective approach to address the Navy's tactical 
fighter shortfall is to purchase additional F-18 aircraft under 
a multi-year procurement program. Moreover, the Committee is 
concerned by the Department's apparent lack of a plan for 
maintaining a sufficiently robust domestic strike fighter 
industrial base in the near term. Accordingly, the Committee 
encourages the Department of Defense to continue to explore 
initiating an F-18 aircraft multi-year program as soon as 
possible to mitigate the strike fighter shortfall.

                  NATIONAL GUARD AND RESERVE EQUIPMENT

    The National Guard and Reserve traditionally receive less 
than a proportionate share of funding to resource the equipment 
needs of the reserve forces. As a result, the Committee 
recommends funding for the National Guard and reserve forces as 
discussed below.
    The Committee recommendation for the National Guard and 
Reserve Equipment Account is $500,000,000. Of that amount, 
$300,000,000 is for the Army National Guard; $50,000,000 for 
the Air National Guard; $75,000,000 for the U.S. Army Reserve; 
$25,000,000 for the Navy Reserve; $25,000,000 for the Marine 
Corps Reserve; and $25,000,000 for the Air Force Reserve to 
meet urgent equipment needs that may arise this fiscal year. 
This funding will allow the Guard and reserve components to 
procure high priority equipment that may be used by these units 
for both their combat missions and their missions in support of 
the state governors.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

    The Committee recommends an additional appropriation of 
$721,930,000 for Research, Development, Test and Evaluation, as 
shown below:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                     Committee
                      R-1                                                         Budget Request    Recommended
----------------------------------------------------------------------------------------------------------------
                                 Research, Development, Test & Evaluation, Army
----------------------------------------------------------------------------------------------------------------
61............................................  SOLDIER SUPPORT AND                        6,944           6,944
                                                 SURVIVABILITY.
93............................................  NIGHT VISION SYSTEMS--SDD.......          64,500          64,500
134...........................................  EXPLOITATION OF FOREIGN ITEMS...             390             390
162...........................................  INFORMATION SYSTEMS SECURITY               1,900           1,900
                                                 PROGRAM.
----------------------------------------------------------------------------------------------------------------
                                                Total Research, Development,              73,734          73,734
                                                 Test & Evaluation, Army
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                 Research, Development, Test & Evaluation, Navy
----------------------------------------------------------------------------------------------------------------
91............................................  V-22A...........................           3,900               0
                                                Non-emergency development effort  ..............          -3,900
122...........................................  INTELLIGENCE ENGINEERING........           1,850               0
                                                CNO Nodal analysis..............  ..............          -1,850
180...........................................  MARINE CORPS COMMUNICATIONS                8,700               0
                                                 SYSTEMS.
                                                Non-emergency development effort  ..............          -8,700
202...........................................  MANNED RECONNAISSANCE SYSTEMS...           8,855               0
                                                Excessive delivery time           ..............          -8,855
XX............................................  OTHER PROGRAMS..................         121,231          96,231
----------------------------------------------------------------------------------------------------------------
                                                Total Research, Development,             144,536          96,231
                                                 Test & Evaluation, Navy
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                               Research, Development, Test & Evaluation, Air Force
----------------------------------------------------------------------------------------------------------------
XX............................................  OTHER PROGRAMS..................         108,259          92,574
----------------------------------------------------------------------------------------------------------------
                                                Total Research, Development,             108,259          92,574
                                                 Test & Evaluation, Air Force
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                             Research, Development, Test & Evaluation, Defense-Wide
----------------------------------------------------------------------------------------------------------------
23............................................  SPECIAL OPERATIONS TECHNOLOGY                  0           2,000
                                                 DEVELOPMENT.
                                                Freeze-Dried Platelet & Plasma    ..............           2,000
                                                 Development.
124...........................................  WOUNDED ILL AND INJURED SENIOR            15,645          15,645
                                                 OVERSIGHT COMMITTEE STAFF
                                                 OFFICE
139...........................................  GENERAL SUPPORT TO USD                    17,250          11,500
                                                 (INTELLIGENCE).
                                                Program Adjustment..............  ..............          -5,750
XX............................................  OTHER PROGRAMS..................           2,001               0
                                                Program Adjustment..............  ..............          -2,001
210...........................................  DEFENSE JOINT                              1,545           1,545
                                                 COUNTERINTELLIGENCE ACTIVITIES.
XX............................................  OTHER PROGRAMS..................         446,927         428,701
                                                Program Adjustment..............  ..............         -18,226
----------------------------------------------------------------------------------------------------------------
                                                Total Research, Development,             483,368         459,391
                                                 Test & Evaluation, Defense-Wide
----------------------------------------------------------------------------------------------------------------

   NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM

    The Committee remains concerned about the projected 
availability of the National Polar-orbiting Operational 
Environmental Satellite System (NPOESS) program to deliver 
operational weather data. The Committee has not observed the 
Department of Defense, the Air Force, or the Executive 
Committee Tri-Agency partners providing a clear path ahead to 
remedy the chronic problems plaguing this important acquisition 
program.
    Therefore, the Committee directs the Department of Defense 
Executive Agent for Space in consultation with the National 
Oceanic and Atmospheric Administration (NOAA) and the National 
Aeronautics and Space Administration (NASA) to evaluate 
restructure options and how each would affect operations 
requiring operational weather data as well as the impacts to 
civil forecasting and climate research.
    The Committee further directs the Office of the Secretary 
of Defense, Cost Analysis Improvement Group, in consultation 
with NOAA and NASA, to perform an independent cost analysis of 
all of the recommended programmatic and acquisition 
alternatives. The cost analysis should reflect the 80/20 
budgeting profile recommended by several independent 
assessments, as applicable. The results of this direction shall 
be reported to the Committees on Appropriations of both the 
House of Representatives and the Senate within 90 days of 
enactment of this Act.

                     REVOLVING AND MANAGEMENT FUNDS


                     Defense Working Capital Funds

    The Committee recommends an additional appropriation of 
$846,726,000 for the Defense Working Capital Fund accounts. 
This supports funding of $443,200,000 for the Defense Working 
Capital Fund, Army, to restock spare and repair parts essential 
to the operational readiness of the Army and $403,526,000 for 
the Defense Working Capital Fund, Defense-Wide, for contingency 
operations costs for the Defense Information Systems Agency and 
the Defense Logistics Agency.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS


                         Defense Health Program

    The Committee recommends an additional appropriation of 
$1,097,297,000 for the Defense Health Program, as shown below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                   Budget     Committee
                                                  Request    Recommended
------------------------------------------------------------------------
                         Defense Health Program
------------------------------------------------------------------------
OPERATION AND MAINTENANCE.....................      845,508      845,508
In-House Care.................................      178,828      178,828
Private Sector Care...........................      579,243      579,243
Consolidated Health Care......................       68,196       68,196
Information Management/IT.....................        5,700        5,700
Education and Training........................        9,119        9,119
Base Operations and Communications............        4,422        4,422
PROCUREMENT...................................       30,185       50,185
Rehabilitation Equipment......................  ...........       20,000
RESEARCH, DEVELOPMENT, TEST & EVALUATION......       33,604      201,604
Psychological Health and Traumatic Brain        ...........      100,000
 Injury.......................................
Orthopedic Research...........................  ...........       68,000
------------------------------------------------------------------------

        TRAUMATIC BRAIN INJURY AND PSYCHOLOGICAL HEALTH RESEARCH

    One of the alarming features of modern warfare is the 
increasing occurrence of traumatic brain injury. Department of 
Defense estimates indicate that among servicemembers returning 
from deployment during the period from October 1, 2001 through 
December 31, 2008, there were 42,600 diagnosed cases of post 
traumatic stress disorder (PTSD). Also, during the period from 
October 2003 through December 2008, there were 58,257 
servicemembers treated for traumatic brain injury (TBI). 
Military Health System data also show an increase in the 
prevalence of PTSD and psychological issues, resulting from 
traumatic events and injuries, among troops returning from Iraq 
and Afghanistan. America's Armed Forces in Iraq and Afghanistan 
have sustained repeated attacks from weapons such as rocket-
propelled grenades, improvised explosive devices and land 
mines. Servicemembers suffering from brain injuries from these 
devices require specialized care from providers experienced in 
treating TBI in its various severities. Exposure to these 
incidents and to the stressors that inevitably accompany them 
has a dramatic effect on the overall physical and psychological 
health of our deployed troops. These injuries degrade the 
quality of life for soldiers and their families as well as 
military readiness. The growing number of soldiers with TBI and 
psychological health issues is a challenge for the Military 
Health System, and the Committee finds that the level of 
assessment and standard of care provided for military 
servicemembers is in need of enhancement.
    Accordingly, the Committee recommendation includes 
$100,000,000 for Traumatic Brain Injury and Psychological 
Health peer-reviewed and/or competitively awarded research, 
development, test and evaluation. Of the funds provided, the 
Committee recommends the following uses identified below but 
does not limit the areas in which research should be continued 
and conducted.
    The funding provided will continue the efforts of the 
Department's counseling, suicide prevention, tele-health and 
risk reduction for servicemembers and their families. The 
Committee has also learned through hearings and travel to 
various installations that there is a population of soldiers 
that do not respond to traditional methods of care for certain 
traumatic brain injuries. The Committee believes that these are 
areas where alternative and holistic medicine therapies should 
be explored by the Department. Therefore, the funding will be 
used to leverage and accelerate programs that identify 
alternative and holistic medicine to treat psychological health 
and TBI, such as immersive virtual reality therapies, 
simulation coaching and software, and additional 
``alternative'' therapies--using secure social networks, pet 
therapies, art/music/recreation therapies, environmental 
engineering therapies including lighting, sunlight, space 
design, and human factors. Funding shall be used to continue to 
establish prevention strategies focused on programs that have 
proven results in the field of psychological health and to 
establish early clinical and treatment procedures.
    The funding provided for TBI and Psychological Health is to 
validate emergent approaches and technologies and to accelerate 
on-going programs for early diagnosis, assessment and treatment 
of TBI and Psychological Health, including spinal cord injury 
and complementary and alternative medicine.

                          ORTHOPEDIC RESEARCH

    Serious limb trauma, vascular injuries, major limb tissue 
damage, and blood flow disruption contribute heavily to United 
States military casualties in Iraq and Afghanistan. Department 
of Defense estimates indicate that nearly two-thirds of 
injuries sustained in combat in Iraq and Afghanistan are 
musculoskeletal. Indeed, extremity injuries are the most 
prevalent injury, and amputations following battlefield injury 
now occur at twice the rate as in past wars. Understanding how 
to treat and facilitate rapid recovery from orthopedic injuries 
should be one of the top priorities for the Military Health 
System.
    Accordingly, the Committee provides $68,000,000 for 
orthopedic and other trauma research, treatment, procedures and 
rehabilitation including regenerative medicine. This funding 
will continue and expand the existing orthopedic trauma 
research program, amputee rehabilitation and reset research, 
and restoration of function.

                        REHABILITATION EQUIPMENT

    The Committee provides $20,000,000 to procure equipment for 
rehabilitation facilities currently under construction. The 
equipment will enable continued state-of-the-art care for 
soldiers with various types of injuries to recover to their 
full potential and return to a more normal way of life.

                     SHARING OF ELECTRONIC RECORDS

    The Committee continues to recognize that support of the 
Wounded Warrior program initiatives is critical to improve and 
support traumatic brain injury (TBI) diagnosis and treatment. 
The Committee recognizes that support for these programs is 
essential and needs to be consistent between federal agencies. 
The Committee continues to support the efforts of the 
Department of Defense to work with the Department of Veterans 
Affairs to determine whether current efforts can be expanded 
into a joint, comprehensive TBI program.

                      VISION CENTER OF EXCELLENCE

    The Committee understands that the Department is currently 
determining the proper location for the Center of Excellence as 
part of the consolidation of National Capitol Region 
facilities. The Committee directs that within 60 days of 
enactment of this Act the Department report on the status of 
this process and costs that would be associated with the 
establishment of this center.

         Drug Interdiction and Counter-Drug Activities, Defense

    The Committee recommends an additional appropriation of 
$137,198,000 for Drug Interdiction and Counter-Drug Activities, 
as shown below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                          Budget request    recommended
------------------------------------------------------------------------
         Drug Interdiction and Counter-Drug Activities, Defense
------------------------------------------------------------------------
AFGHANISTAN.............................          57,308          57,308
PAKISTAN................................          25,800          25,800
OTHER NATIONS...........................          58,090          54,090
Tajikistan..............................          18,940          18,940
Turkmenistan............................           2,850           2,850
Kyrgyzstan..............................          21,520          21,520
Kazakhstan..............................          10,580          10,580
Uzbekistan..............................           4,000               0
Other Regional Support..................             200             200
------------------------------------------------------------------------
      Total Drug Interdiction and                141,198         137,198
       Counter-Drug Activities, Defense.
------------------------------------------------------------------------

                               UZBEKISTAN

    The fiscal year 2009 supplemental request contains 
$4,000,000 for a border crossing facility between Uzbekistan 
and Afghanistan. The Committee believes that this request is 
premature as the Department has just begun preliminary 
investigations with the government of Uzbekistan on site 
location; therefore, no funding has been provided for the 
facility construction.

             Joint Improvised Explosive Device Defeat Fund

    The Committee recommends an additional appropriation of 
$1,316,746,000 for the Joint Improvised Explosive Device Defeat 
Fund, as shown below:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                                             Committee
                                          Budget request    recommended
------------------------------------------------------------------------
              Joint Improvised Explosive Device Defeat Fund
------------------------------------------------------------------------
ATTACK THE NETWORK......................         499,830         499,830
DEFEAT THE DEVICE.......................         607,389         457,389
Poor budget execution...................  ..............        -150,000
TRAIN THE FORCE.........................         333,527         333,527
STAFF AND INFRASTRUCTURE................          26,000          26,000
------------------------------------------------------------------------
      Total Joint Improvised Explosive         1,466,746       1,316,746
       Device Defeat Fund...............
------------------------------------------------------------------------

                           DEFEAT THE DEVICE

    The Congress has long supported a robust program for the 
Joint Improvised Explosive Device Defeat Organization (JIEDDO). 
For fiscal year 2009, in the Supplemental Appropriations Act, 
2008, (P.L. 110-252) the Congress made $2,000,000,000 available 
for JIEDDO including $950,000,000 for activity related to 
Defeat the Device. The Committee recommends an additional 
$1,316,746,000 for JIEDDO in this bill, of which $457,389,000 
is available to continue Defeat the Device efforts. However, 
the Committee understands that none of the $950,000,000 
included in the Supplemental Appropriations Act, 2008, has yet 
been obligated. Accordingly, the recommendation in this bill is 
a reduction of $150,000,000 from the request.

              Mine Resistant Ambush Protected Vehicle Fund

    The Committee recommends an additional appropriation of 
$4,843,000,000 for the Mine Resistant Ambush Protected Vehicle 
Fund.

         MINE RESISTANT AMBUSH PROTECTED--ALL TERRAIN VEHICLES

    The Committee recommendation provides $4,843,000,000 for 
Mine Resistant Ambush Protected--All Terrain Vehicles (M-ATVs), 
an increase of $2,150,000,000 and 800 vehicles above the 
request. The Department requested $2,693,000,000 for 1,000 
vehicles, but indicated that the requirement was much greater.
    M-ATVs are urgently needed to protect servicemembers 
against improvised explosive devices and other threats in 
Afghanistan. These new, lightweight MRAPs operate better than 
current vehicles in the close urban environments and 
challenging terrain of Afghanistan.

                    Office of the Inspector General

    The Committee recommends an additional appropriation of 
$9,551,000 for the Office of the Inspector General.

                     GENERAL PROVISIONS, THIS TITLE

    Title I contains several general provisions, many of which 
extend or modify war-related authorities included in previous 
Acts. A brief description of the recommended provisions 
follows:
    Section 10001 provides that funds made available in this 
title are in addition to amounts appropriated or made available 
for the Department of Defense for fiscal year 2009.

                     (INCLUDING TRANSFER OF FUNDS)

    Section 10002 provides special transfer authority for funds 
made available in this title for the Department of Defense.
    Section 10003 provides for the obligation and expenditure 
of funds related to activities pursuant to section 504(a)(1) of 
the National Security Act of 1947.

                     (INCLUDING TRANSFER OF FUNDS)

    Section 10004 provides for transfers from the Defense 
Cooperation Account.
    Section 10005 provides that for construction projects in 
Iraq and Afghanistan funded with operation and maintenance 
funds, supervisory and administrative costs may be obligated 
when the contract is awarded.

                        (INCLUDING RESCISSIONS)

    Section 10006 provides for a two year period of 
availability for the Iraq Security Forces Fund and the 
Afghanistan Security Forces Fund.
    Section 10007 provides authority to use operation and 
maintenance appropriations to purchase items having an 
investment item unit cost of not more than $250,000, or upon 
determination by the Secretary of Defense that the operational 
requirements of a Commander of a Combatant Command engaged in 
contingency operations overseas can be met, funds may be used 
to purchase items having an investment item unit cost of not 
more than $500,000.
    Section 10008 authorizes the Secretary of Defense to accept 
contributions of funds from any person, foreign government, or 
international organization to carry out the Commander's 
Emergency Response Program in Iraq or Afghanistan.
    Section 10009 provides funds for the military spouse career 
transition assistance internship program.

                     (INCLUDING TRANSFER OF FUNDS)

    Section 10010 provides the authority for an Air Safety 
System for the Kyrgyz Republic.
    Section 10011 provides for the procurement of passenger 
motor vehicles for use by military and civilian employees of 
the Department of Defense in Iraq and Afghanistan.

                             (RESCISSIONS)

    Section 10012 rescinds $2,859,392,000 in unobligated 
balances from multiple Operation and Maintenance accounts and 
$150,608,000 in unobligated balances from various Research, 
Development, Test and Evaluation accounts:

2009 Appropriations:
    Operation and Maintenance, Army:
            Fuel........................................    $352,359,000
    Operation and Maintenance, Navy:
            Fuel........................................     881,481,000
    Operation and Maintenance, Marine Corps:
            Fuel........................................      54,466,000
    Operation and Maintenance, Air Force:
            Fuel........................................     925,203,000
    Operation and Maintenance, Defense-Wide:
            Fuel........................................      81,135,000
            Classified..................................       5,000,000
    Operation and Maintenance, Army Reserve:
            Fuel........................................      23,338,000
    Operation and Maintenance, Navy Reserve:
            Fuel........................................      62,910,000
    Operation and Maintenance, Marine Corps Reserve:
            Fuel........................................       1,250,000
    Operation and Maintenance, Air Force Reserve:
            Fuel........................................     163,786,000
    Operation and Maintenance, Army National Guard:
            Fuel........................................      57,819,000
    Operation and Maintenance, Air National Guard:
            Fuel........................................     250,645,000
    Research, Development, Test and Evaluation, Navy:
            Fuel........................................      30,510,000
    Research, Development, Test and Evaluation, Air 
      Force:
            Fuel........................................      15,098,000
            C-SAR-X RDT&E...............................;     100,000,000
2008 Appropriations:
    Research, Development, Test and Evaluation, Navy:
            Classified..................................      $5,000,000

                     (INCLUDING TRANSFER OF FUNDS)

    Section 10013 provides for the transfer of $150,600,000 
from various Army procurement accounts to Army, Army Reserve, 
and Army National Guard personnel accounts, as follows:

To ``Military Personnel, Army, 2009''...................    $100,600,000
  ``Reserve Personnel, Army, 2009''.....................      41,000,000
  ``National Guard, Personnel, Army, 2009''.............       9,000,000
From ``Aircraft Procurement, Army, 2009/2011''..........
    Common Ground Equipment.............................      11,000,000
    Airborne Avionics...................................      11,600,000
From ``Procurement of Ammunition, Army, 2009/2011''.....
    Cartridge, Tank, 120mm, All Types...................      46,800,000
    Signals, All Types..................................      50,100,000
    Mine, Clearing Charge, All Types....................       2,000,000
    Ammo Components (Renovation)........................       8,200,000
From ``Other Procurement, Army, 2008/2010''.............
    Combat Identification...............................       4,100,000
    Satellite Terminal, EMUT............................       4,500,000
    Smoke and Obscurant Family..........................       8,000,000
    Heaters and Environmental Control Units.............       4,300,000

                              (RESCISSION)

    Section 10014 rescinds $181,500,000 in unobligated balances 
from Operation and Maintenance, Defense-Wide for intelligence 
activities:

2009 Appropriations:
    Operation and Maintenance, Defense-Wide:
        Intelligence Activities.........................    $181,500,000

                     (INCLUDING TRANSFER OF FUNDS)

    Section 10015 provides for retroactive Stop-Loss payments.
    Section 10016 provides authority to retire certain 
aircraft.
    Section 10017 prohibits obligation or expenditure of funds 
contrary to the provisions of section 814 of the National 
Defense Authorization Act, Fiscal Year 2007 (Public Law 109-
364).
    Section 10018 prohibits the use of funds available in this 
Act for the Department of Defense to finance projects denied by 
the Congress in the fiscal year 2008 or fiscal year 2009 
Department of Defense Appropriations Acts.
    Section 10019 prohibits the obligation or expenditure of 
funds in this or any other Act to establish a permanent base in 
Iraq or to exercise control over Iraqi oil resources.
    Section 10020 prohibits the obligation of expenditure of 
funds in this or any other Act to establish a permanent base in 
Afghanistan.
    Section 10021 requires a report on troop drawdown status.

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


                         CHAPTER 1--AGRICULTURE


                       DEPARTMENT OF AGRICULTURE


                      Foreign Agricultural Service


                     PUBLIC LAW 480 TITLE II GRANTS

    The bill provides a total of $500,000,000 for Public Law 
480 title II Grants for fiscal year 2009 for urgent 
humanitarian food assistance. The program provides direct 
donations of U.S. agricultural commodities for emergency relief 
and development. The bill recognizes that the global financial 
crisis and world-wide recession are worsening food emergencies 
in many countries, consequently reducing the world's ability to 
respond. Therefore, the bill provides an increase above the 
2008 appropriated level to enhance available resources in order 
to meet the needs of unanticipated food aid emergencies.

                    GENERAL PROVISIONS, THIS CHAPTER

    The bill includes language to facilitate recovery 
activities under the Emergency Conservation Program.
    The bill includes language to provide additional loan 
authority under the agricultural credit insurance fund program.

                    CHAPTER 2--COMMERCE AND JUSTICE


                         DEPARTMENT OF COMMERCE


            National Oceanic and Atmospheric Administration

    Consistent with the direction contained in title I, the 
Committee directs the Department of Commerce through the 
National Environmental Satellite Data and Information Service 
(NESDIS) to evaluate re-structure options of the National 
Polar-orbiting Operational Environmental Satellite System 
(NPOESS) and how each option would affect operational weather 
data and how it is employed by the civil community for severe 
weather, flood, and fire emergencies, and for research and 
monitoring climate change. NESDIS is directed to employ NASA 
cost analysis capabilities, in consultation with the Office of 
the Secretary of Defense (OSD), Cost Analysis Improvement Group 
(CAIG), to perform an independent cost analysis of all of the 
recommended programmatic and acquisition alternatives, and 
should reflect the 80/20 budgeting profile recommended by 
several independent assessments, as applicable. The results of 
this direction shall be reported to the Committees on 
Appropriations of the House of Representatives and the Senate 
within 90 days of enactment of this Act.

                         DEPARTMENT OF JUSTICE


                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

    The Committee recommendation includes $1,648,000, as 
requested, for the Criminal Division to supplement existing 
Iraq training and assistance provided to investigators, 
prosecutors, judges and other parts of the Iraqi criminal 
justice system.

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

    The Committee recommendation includes $5,000,000, as 
requested, for the United States Attorneys for extraordinary 
litigation expenses associated with terrorism prosecutions of 
national importance.

                       National Security Division


                         SALARIES AND EXPENSES

    The Committee recommendation includes $1,389,000, as 
requested, for the National Security Division (NSD). These 
funds will allow NSD to continue to provide prosecutorial 
support for the trials of suspected terrorists.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES

    The Committee recommendation includes $4,000,000, as 
requested, for the Bureau of Alcohol, Tobacco, Firearms and 
Explosives (ATF). These funds will allow ATF to deploy 
explosive enforcement officers to Iraq on a rotational basis in 
order to provide training to U.S. government employees and 
contractors on post-blast investigation and render safe 
procedures for improved explosives devices.

                         Federal Prison System


                         SALARIES AND EXPENSES

    The Committee recommendation includes $5,038,000 for the 
Federal Prison System, as requested, to continue counter-
terrorism activities that have been funded in previous war 
supplemental appropriations acts. These activities include 
monitoring and translating the communications of incarcerated 
terrorists and disseminating information to law enforcement 
agencies, as appropriate.

                    GENERAL PROVISION, THIS CHAPTER


                         (INCLUDING RESCISSION)

    The Committee recommendation includes the following general 
provision for this chapter:
    Section 20201 rescinds $3,000,000 appropriated to the 
Department's Office of Inspector General in chapter 2 of title 
I, Public Law 110-252, and reappropriates these funds to extend 
their availability.

                           CHAPTER 3--ENERGY


                          DEPARTMENT OF ENERGY


                            Energy Programs


                      STRATEGIC PETROLEUM RESERVE

                          (TRANSFER OF FUNDS)

    The Committee recommends an additional $21,585,723 for 
``Strategic Petroleum Reserve'', to be derived by transfer from 
the ``SPR Petroleum Account'', the same as the request. This 
will allow the Department of Energy (DOE) to transfer 
unobligated balances from the SPR Petroleum Account to the 
Strategic Petroleum Reserve account to address a backlog of key 
operations and maintenance activities that were deferred to 
fund immediate cleanup in the aftermath of Hurricanes Gustav 
and Ike. Continued deferral of these maintenance activities 
will hinder DOE's ability to respond to an oil supply 
disruption.

                    Atomic Energy Defense Activities


                National Nuclear Security Administration


                    DEFENSE NUCLEAR NONPROLIFERATION

    The Committee recommends an additional $55,000,000 for 
``Defense Nuclear Nonproliferation''. This amount is provided 
for the International Nuclear Materials Protection and 
Cooperation Program to fund new nuclear security opportunities 
to counter emerging threats in Russia and other countries of 
concern. The Committee's recommendation is $34,500,000 less 
than the request of $89,500,000 for Defense Nuclear 
Nonproliferation.
    The Committee does not include the request of $34,500,000 
for the disablement and dismantlement of North Korea's 
plutonium program. The recent breakdown of cooperation in spent 
fuel disposition in the Democratic People's Republic of Korea, 
including the expulsion of U.S. workers on this program, has 
made the request unnecessary at this time. Should the U.S. 
regain cooperation with North Korea, and work resume, the 
Department may submit a reprogramming request for these 
activities.

                     CHAPTER 4--GENERAL GOVERNMENT


    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT


                       National Security Council


                         SALARIES AND EXPENSES

    The Committee recommends $2,936,000 for salaries and 
expenses of the National Security Council (NSC), as requested 
by the President. The Committee understands that these funds 
will be used for additional staff and support costs to improve 
the capability of the NSC to support the President in 
addressing critical national security concerns.

                      CHAPTER 5--HOMELAND SECURITY


                    DEPARTMENT OF HOMELAND SECURITY


                  Federal Emergency Management Agency


                     FIREFIGHTER ASSISTANCE GRANTS

    The Committee recommendation includes a provision allowing 
the Administrator of United States Fire Administration to waive 
certain requirements of section 34 of the Federal Fire Control 
and Prevention and Control Act of 1974 (SAFER) for fiscal years 
2009 and 2010 and clarifies that grants may be for hiring, 
rehiring, or retaining firefighters.

                    GENERAL PROVISIONS, THIS CHAPTER

    The Committee recommendation includes a Jones Act waiver 
for the drydock ALABAMA.
    The Committee recommendation includes a Jones Act waiver 
for the vessel MARYLAND INDEPENDENCE.

                  CHAPTER 6--INTERIOR AND ENVIRONMENT


                       DEPARTMENT OF THE INTERIOR


                        Department-Wide Programs


                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $50,000,000, as requested, for 
wildfire suppression and emergency rehabilitation activities of 
the Department of the Interior, available only if other 
available funds will be exhausted imminently and the House and 
Senate Committees on Appropriations are notified in writing. If 
it enhances the efficiency or effectiveness of Federal wildland 
fire suppression activities, the Secretary of the Interior may 
transfer any of these funds to the Secretary of Agriculture for 
similar activities. The Committee notes that it is difficult to 
predict wildfire suppression needs this early in the season. If 
the 2009 fire season is like the past three seasons, models and 
experience indicate that existing available funds will not be 
sufficient to cover costs.

                       DEPARTMENT OF AGRICULTURE


                             Forest Service


                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $200,000,000, as requested, for 
wildfire suppression and emergency rehabilitation activities of 
the Forest Service, available only if other available funds 
will be exhausted imminently and the House and Senate 
Committees on Appropriations are notified in writing. If it 
enhances the efficiency or effectiveness of Federal wildland 
fire suppression activities, the Secretary of Agriculture may 
transfer not more than $50,000,000 of these funds to the 
Secretary of the Interior for similar activities. The Committee 
notes that it is difficult to predict wildfire suppression 
needs this early in the season. If the 2009 fire season is like 
the past three seasons, models and experience indicate that 
existing available funds will not be sufficient to cover costs.

                  CHAPTER 7--HEALTH AND HUMAN SERVICES


                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                        Office of the Secretary


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommends $1,850,000,000, to remain 
available until expended, to ensure that the Department of 
Health and Human Services (HHS) and other Federal agencies have 
the necessary resources to respond to the emerging outbreaks of 
swine influenza A (H1N1) in the United States, protect the 
public health, and accelerate efforts to prepare for a 
potential global influenza pandemic. The President requested 
$1,500,000,000 for these activities through the Executive 
Office of the President. The Department of Homeland Security 
(DHS) has declared a public health emergency as a result of the 
confirmed cases of human-to-human transmission of influenza A 
(H1N1) infections in the U.S. Moreover, on April 29, 2009, the 
World Health Organization raised the level of alert for a 
global pandemic to Phase 5, which is a strong signal that a 
pandemic is imminent.
    A potential influenza pandemic poses a major threat to the 
nation's public health, security, and economy at a time when 
the nation is beginning to see some signs of economic recovery. 
The Congressional Budget Office has estimated that an influenza 
pandemic could cause a decline in the U.S. gross domestic 
product of between one and 4.25 percent depending on the 
severity of the pandemic. The funds provided in this bill to 
boost the nation's defenses will help ameliorate morbidity and 
mortality associated with the worst case scenarios of an 
influenza pandemic, thereby reducing the potential economic 
burden.
    While the U.S. has made significant progress in preparing 
for a potential influenza pandemic since 2005, the country is 
nevertheless not fully prepared. Once a pandemic begins, time 
is a critical factor in the production and delivery of vaccines 
and other medical countermeasures required to mitigate the 
pandemic. Lessons learned from past influenza pandemics 
indicate that influenza can strike a community, affect many 
individuals, and then appear to go away, only to come back to 
strike the community months later.
    Within the total provided, the Committee recommends 
$1,300,000,000 in flexible resources to be used to address this 
emerging situation and the potential spread of this outbreak. 
These resources may be used to replenish and supplement Federal 
stockpiles of antivirals, medical supplies, and personal 
protective equipment, such as masks, respirators, gloves, and 
gowns, to treat and protect the public, including frontline 
public health and emergency responders; develop and purchase an 
H1N1 vaccine; support disease surveillance, diagnostic tests, 
and public health response capabilities; develop more effective 
and robust community mitigation strategies; and assist 
international efforts to stem this outbreak. The Committee 
includes bill language that permits the transfer of funds 
within HHS and to other Federal agencies to meet the purposes 
of this Act. Prior to transferring funds to other Federal 
agencies, the HHS Secretary must notify the Committees on 
Appropriations of the House of Representatives and the Senate 
of any such transfer and the planned uses of the funds.
    Within the total provided, the Committee recommends that no 
less than $200,000,000 shall be transferred to the Centers for 
Disease Control and Prevention (CDC). CDC is the lead Federal 
agency at HHS involved with detecting, preparing for, and 
responding to infectious disease outbreaks. This funding will 
be used for an array of pandemic influenza preparedness and 
response activities, including U.S. and global disease 
detection and surveillance, laboratory capacity and research, 
diagnostic capabilities, risk communication, rapid response, 
enhanced staffing of quarantine stations at domestic and 
international ports of entry, rapid and safe distribution of 
medical treatments and vaccines from the Strategic National 
Stockpile, guidance development, and assistance to State and 
local public health departments.
    Also within the total provided, the Committee recommends no 
less than $350,000,000 for upgrading State and local 
preparedness and response capacity. The January 2009 Assessment 
of States' Operating Plans to Combat Pandemic Influenza: Report 
to the Homeland Security Council, submitted by former HHS 
Secretary Michael O. Leavitt and former DHS Secretary Michael 
Chertoff, identified significant pandemic planning gaps at 
State and local levels. These gaps include: ensuring continuity 
of public health functions, particularly in the event of staff 
shortages due to illness and disruptions in support services 
that an influenza pandemic may produce; developing effective 
and efficient community mitigation strategies; accommodating 
surge in healthcare demand and fatalities; and, integrating 
emergency medical services systems into pandemic preparedness 
plans. Furthermore, according to reports from State and local 
public health officials, the public health infrastructure at 
State and local levels has been challenged by the economic 
downturn with an estimated 11,000 public health job losses over 
the past year due to State revenue shortfalls. These funds will 
be used to support the State and local infrastructure that is 
critical to preparedness and response, such as workforce, 
laboratory capacity, disease surveillance activities, public 
communications, and community mitigation guidance, and to 
address other remaining preparedness challenges.
    The Committee commends CDC's response to the outbreaks in 
Mexico and the U.S., but is aware of reports that CDC did not 
recognize the initial H1N1 outbreaks quickly enough. Moreover, 
concerns have been raised about whether suspected case samples 
from other countries are processed by CDC expeditiously. The 
Committee requests that the Secretary of HHS, together with the 
Director of the CDC, examine HHS' response to the early stages 
of the H1N1 outbreak in Mexico and the laboratory confirmation 
process to ascertain whether improvements are needed in its 
current disease detection policies and procedures. HHS should 
submit a report to the Committees on Appropriations of the 
House of Representatives and the Senate no later than 90 days 
after the enactment of this Act.
    The Committee directs the Secretary of HHS to provide 
monthly reports to the Committees on Appropriations of the 
House of Representatives and the Senate updating the status of 
actions taken and funds obligated in this and previous 
appropriations bills for pandemic influenza preparedness 
activities. These reports should be provided no later than 15 
days after the end of each month. Further, the Secretary shall 
include appropriations provided in this Act when preparing the 
semi-annual report to Congress on influenza pandemic 
preparedness spending.

                    GENERAL PROVISION, THIS CHAPTER

    The Committee recommendation includes the following general 
provision for this chapter:
    Section 20701 includes a technical correction to the 
Omnibus Appropriations Act, 2009 (Public Law 111-8) to permit 
payment of increased bonus payments to States for foster care 
children adoptions as authorized under the Fostering 
Connections to Success and Increasing Adoptions Act of 2008 
(Public Law 110-351).

                     CHAPTER 8--LEGISLATIVE BRANCH


                             CAPITOL POLICE


                            GENERAL EXPENSES

    The Committee recommendation includes $71,606,000 for the 
U. S. Capitol Police to acquire a modernized digital radio 
system. This is the same amount included in the President's 
submission to Congress and requested by the Chief of Police in 
his letter to the Committee dated March 17, 2009. The current 
USCP radio system is over 25 years old and is degrading 
rapidly. In addition, this system is not encrypted and is 
therefore inadequate given the known security threats to the 
Congress. The Committee also notes that this new radio system 
has been in development for several years. The current system 
design and the cost estimates have been refined with the help 
of the Government Accountability Office (GAO) and the 
Committee's own investigative staff.
    The bill includes language which requires the Chief of 
Police to submit obligation plans to the House and Senate 
Committees on Appropriations prior to obligating any of these 
funds. The final obligation plan should include a firm cost 
estimate as well as details regarding the procurement strategy 
to be employed by the USCP in acquiring the new system. The 
Chief has previously testified that the procurement system will 
award funding through a fair and competitive process open to 
all potential bidders. The Naval System Command's NAVAIR unit, 
which has substantial experience with large communication 
projects, will assist the USCP in management of this project.
    The Committee is appreciative of the assistance provided by 
the GAO to the Capitol Police in the design of the new radio 
system. To ensure the project is executed as successfully as 
possible, the Committee requests that GAO continue to monitor 
the progress of this project on the Committee's behalf, and, as 
needed, provide technical assistance to USCP in carrying out 
its responsibilities. GAO support should include overseeing 
NAVAIR's efforts and identifying any significant issues or 
risks that could prevent the acquired radio system from meeting 
the operational needs of the department within its estimated 
cost and schedule.

                    CHAPTER 9--MILITARY CONSTRUCTION


                         DEPARTMENT OF DEFENSE

    Update to Grow the Army Stationing Plan.--The Secretary of 
Defense announced on April 6, 2009 that the Army would halt the 
planned increase in the number of active Army brigade combat 
teams (BCTs) at 45, versus the 48 end-state BCTs envisioned in 
the Grow the Army stationing plan released in December 2007, 
while still increasing end-strength to the planned target of 
547,000. This decision renders the December 2007 plan obsolete 
and likely will have a major impact on the Army's military 
construction program. The Committee therefore directs the Army 
to provide the Committees on Appropriations of both Houses of 
Congress with a full update of the December 2007 plan, using 
the same format as the original, no later than July 31, 2009. 
The Committee additionally directs the Army to report to the 
same committees on any previously appropriated military 
construction or family housing projects that are no longer 
necessary or are reduced in scope as a result of the decision 
announced by the Secretary no later than May 22, 2009.
    Report on Compliance with Codes and Specifications.--The 
Committee is concerned by reports of faulty and sometimes life-
threatening work performed on facilities used by U.S. forces in 
Iraq and Afghanistan. The Committee directs the Army to report 
to the Committees on Appropriations of both Houses of Congress 
on the application of U.S. building codes and specifications to 
military construction projects overseen by the Gulf Region 
Division of the Army Corps of Engineers, and how such 
application compares to construction performed under LOGCAP or 
work performed on existing facilities used by U.S. forces. This 
report shall describe the specific basis of the codes, 
specifications, and safety standards used, the procedures by 
which projects are inspected and certified, and the means of 
enforcing contractor compliance. This report shall be submitted 
no later than September 30, 2009.
    Counter IED Roads in Afghanistan.--Beginning with fiscal 
year 2007, Congress has appropriated approximately $440,000,000 
in military construction funds for road construction projects 
to reduce both the incidence and lethality of improvised 
explosive device (IED) attacks in Afghanistan. The 
justification material submitted with the request states that 
asphalt roads are credited with a reduction of IED placement of 
up to 90 percent. In House Report 110-60, the Committee 
directed U.S. Central Command (CENTCOM) to provide a detailed 
assessment of the effectiveness of asphalt roads to counter 
IEDs no later than October 1, 2009. The Committee reaffirms the 
importance of this report, which may be submitted in classified 
form, and directs CENTCOM to provide this report by the 
specified date.

                      Military Construction, Army


                         (INCLUDING RESCISSION)

    The Committee recommends $1,407,231,000 for Military 
Construction, Army instead of $1,229,731,000 as requested by 
the Administration. The Committee also recommends a rescission 
of $142,500,000 from a prior year appropriation due to the 
cancellation of military construction projects in Iraq. The 
funds are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                    Request      Recommendation
                   Location                            Project description           ($000)          ($000)
----------------------------------------------------------------------------------------------------------------
CO: Fort Carson...............................  Child Development Center........       11,200             11,200
CO: Fort Carson...............................  Child Development Center........       11,500             11,500
KY: Fort Knox.................................  CDC Connector...................        1,100              1,100
NC: Fort Bragg................................  Warrior in Transition Complex...       88,000             88,000
TX: Fort Bliss................................  Child Development Center                4,700              4,700
                                                 (additional funds).
TX: Fort Bliss................................  Child Development Center                3,900              3,900
                                                 (additional funds).
TX: Fort Bliss................................  Child Development Center                4,700              4,700
                                                 (additional funds).
TX: Fort Bliss................................  Child Development Center........       14,200             14,200
TX: Fort Hood.................................  Warrior in Transition Complex...       64,000             64,000
TX: Fort Sam Houston..........................  Warrior in Transition Complex...       87,000             87,000
VA: Fort Belvoir..............................  Warrior in Transition Complex...       76,000             76,000
WA: Fort Lewis................................  Warrior in Transition Complex...      110,000            110,000
Afghanistan: Airborne.........................  Troop Housing, Phase 1 of 4.....        5,600              5,600
Afghanistan: Airborne.........................  Troop Housing, Phase 2-4........            -             16,800
Afghanistan: Altimur..........................  Troop Housing...................        3,500              3,500
Afghanistan: Bagram AB........................  SOF Alpha Ramp Facilities.......       10,800             10,800
Afghanistan: Bagram AB........................  Power Plant Expansion...........       33,000             33,000
Afghanistan: Bagram AB........................  Drainage System, Phase 1........       18,500                  -
Afghanistan: Bagram AB........................  Troop Housing, Phase 2 of 4.....       20,000             20,000
Afghanistan: Bagram AB........................  Troop Housing, Phase 3-4........            -             40,000
Afghanistan: Garmsir..........................  Medical Facility................        2,000              2,000
Afghanistan: Helmand..........................  Brigade Headquarters............        7,800              7,800
Afghanistan: Joyce............................  Troop Housing, Phase 1 of 4.....        5,200              5,200
Afghanistan: Joyce............................  Troop Housing, Phase 2-4........            -             15,600
Afghanistan: Kandahar.........................  Troop Housing, Phase 1 of 3.....        8,700              8,700
Afghanistan: Kandahar.........................  Troop Housing, Phase 2-3........            -             17,400
Afghanistan: Kandahar.........................  South Park Drainage, Phase 1....       16,500             16,500
Afghanistan: Kandahar.........................  Utilities, Phase 1..............       27,000             27,000
Afghanistan: Kandahar.........................  Medical Facility................        1,950              1,950
Afghanistan: Kandahar.........................  Rotary Wing Ramps and Taxiway,         49,000             49,000
                                                 Phase 2.
Afghanistan: Kandahar.........................  Command & Control Headquarters         23,000             23,000
                                                 Facility.
Afghanistan: Maywand..........................  Troop Housing, Phase 1 of 4.....       10,800             10,800
Afghanistan: Maywand..........................  Troop Housing, Phase 2-4........            -             32,400
Afghanistan: Maywand..........................  Rotary Wing Ramps and Taxiway,         26,000             26,000
                                                 Phase 1.
Afghanistan: Maywand..........................  Fuel Distribution System........        8,000              8,000
Afghanistan: Shank............................  Fuel Distribution System........        8,000              8,000
Afghanistan: Shank............................  Troop Housing, Phase 1 of 4.....        7,800              7,800
Afghanistan: Shank............................  Troop Housing, Phase 2-4........            -             23,400
Afghanistan: Shank............................  Aviation Hangar & Maintenance          11,200             11,200
                                                 Facilities.
Afghanistan: Shank............................  Brigade Headquarters............        7,800              7,800
Afghanistan: Shank............................  Rotary Wing Ramps and Taxiways,        24,000             24,000
                                                 Phase 2.
Afghanistan: Sharana..........................  Aviation Hangar & Maintenance          11,200             11,200
                                                 Facilities.
Afghanistan: Sharana..........................  Rotary Wing Ramps and Taxiways,        39,000             39,000
                                                 Phase 1.
Afghanistan: Sharana..........................  Rotary Wing Ramps and Taxiways,        29,000             29,000
                                                 Phase 2.
Afghanistan: Tarin Kowt.......................  Rotary Wing Ramps and Taxiways,        26,000             26,000
                                                 Phase 1.
Afghanistan: Tarin Kowt.......................  Fuel Distribution System........        8,000              8,000
Afghanistan: Tombstone/Bastion................  Role 2 Medical Facility.........        4,200              4,200
Afghanistan: Tombstone/Bastion................  Troop Housing, Phase 1 of 4.....        8,700              8,700
Afghanistan: Tombstone/Bastion................  Troop Housing, Phase 2-4........            -             26,100
Afghanistan: Tombstone/Bastion................  Troop Housing, Phase 2 of 5.....        5,200              5,200
Afghanistan: Tombstone/Bastion................  Troop Housing, Phase 3-5........            -             15,600
Afghanistan: Tombstone/Bastion................  Rotary Wing Ramps and Taxiways,        49,000             49,000
                                                 Phase 2.
Afghanistan: Tombstone/Bastion................  Aviation Hangar & Maintenance          11,200             11,200
                                                 Facilities.
Afghanistan: Tombstone/Bastion................  Brigade Headquarters............        7,800              7,800
Afghanistan: Tombstone/Bastion................  Fuel Distribution System........        8,000              8,000
Afghanistan: Wolverine........................  Troop Housing, Phase 1 of 4.....        8,900              8,900
Afghanistan: Wolverine........................  Troop Housing, Phase 2-4........            -             26,700
Afghanistan: Various Locations................  CIED Road, Kapisa Supply Route..       68,000             63,000
Germany: Ansbach..............................  Child Development Center (Storck        9,800              9,800
                                                 Barracks).
Germany: Ansbach..............................  Child Development Center               13,300             13,300
                                                 (Katterbach).
Germany: Landstuhl............................  Child Youth Services Center.....        5,500              5,500
Italy: Vicenza................................  Child Youth Services Center.....       12,000             12,000
Netherlands: Schinnen.........................  Child Development Center (Emma         11,400             11,400
                                                 Mine).
Worldwide: Unspecified........................  Planning and Design.............       81,081             68,081
                                                                                 -------------------------------
                                                Total...........................    1,229,731          1,407,231
----------------------------------------------------------------------------------------------------------------

    Troop Housing, Afghanistan.--The Administration requested 
$84,400,000 to provide site preparation and foundations for 
containerized troop housing at various locations in 
Afghanistan. In nearly all cases, the funds requested do not 
provide the full amount of the projected housing requirement, 
but only fund the initial phase. The Committee is concerned 
that this approach will result in an inadequate and inequitable 
distribution of temporary housing facilities. The Committee has 
therefore included an additional $214,000,000 to provide the 
full cost of the projected need.

              Military Construction, Navy and Marine Corps

    The Committee recommends $235,881,000 for Military 
Construction, Navy and Marine Corps instead of $239,031,000 as 
requested by the Administration. The funds are provided as 
follows:

----------------------------------------------------------------------------------------------------------------
                                                                                    Request      Recommendation
                   Location                            Project description           ($000)          ($000)
----------------------------------------------------------------------------------------------------------------
CA: Camp Pendleton............................  Child Development Center........       15,420             15,420
CA: Camp Pendleton............................  Marine Resource and Recovery           24,990             24,990
                                                 Center.
CA: Camp Pendleton............................  Wounded Warrior Battalion HQ....        9,900              9,900
DC: Washington Navy Yard......................  Child Development Center........        9,340              9,340
HI: Pearl Harbor NS...........................  Child Development Center........       32,280             32,280
MD: Annapolis NSA.............................  Child Development Center                9,720              9,720
                                                 Expansion.
MD: Patuxent River NAS........................  Child Development Center........       13,150             13,150
MD: Patuxent River NAS........................  Child Development Center                3,850              3,850
                                                 Addition.
NC: Camp Lejeune..............................  Child Development Center........       13,970             13,970
NC: Camp Lejeune..............................  Marine Resource and Recovery           24,960             24,960
                                                 Center.
NC: Camp Lejeune..............................  Wounded Warrior Battalion HQ....        3,601              3,601
NC: New River MCAS............................  Child Development Center                2,670              2,670
                                                 Addition.
SC: Parris Island MCRD........................  Child Development Center........       14,670             14,670
VA: Little Creek NAB..........................  Child Development Center........       15,360             15,360
VA: Quantico MCB..............................  Child Development Center........       17,440             17,440
WA: Whidbey Island NAS........................  Child Development Center........       13,560             13,560
Worldwide: Unspecified........................  Planning and Design.............       14,150             11,000
                                                                                 -------------------------------
                                                Total...........................      239,031            235,881
----------------------------------------------------------------------------------------------------------------

                    Military Construction, Air Force


                         (INCLUDING RESCISSION)

    The Committee recommends $279,120,000 for Military 
Construction, Air Force instead of $280,970,000 as requested by 
the Administration. The Committee also recommends a rescission 
of $30,000,000 from a prior year appropriation due to the 
cancellation of a military construction project in Iraq. The 
funds are provided as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                    Request      Recommendation
                   Location                            Project description           ($000)          ($000)
----------------------------------------------------------------------------------------------------------------
Afghanistan: Bagram AB........................  CAS Apron.......................       32,000             32,000
Afghanistan: Kandahar.........................  Strategic Airlift Apron.........       84,000             84,000
Afghanistan: Tarin Kowt.......................  Airlift Apron...................        9,400              9,400
Afghanistan: Tarin Kowt.......................  Runway..........................       18,500             18,500
Afghanistan: Tombstone/Bastion................  CAS Apron.......................       43,000             43,000
Afghanistan Tombstone/Bastion.................  Fuels Operation & Storage.......        2,250              2,250
Afghanistan: Tombstone/Bastion................  Expand Munitions Storage Area...       51,000             51,000
Germany: Spangdahlem AB.......................  Child Development Center........       11,400             11,400
Qatar: Al Udeid AB............................  Temporary West Munitions Storage       15,500             15,500
                                                 Area.
Worldwide: Unspecified........................  Planning and Design.............       13,920             12,070
                                                                                 -------------------------------
                                                Total...........................      280,970            279,120
----------------------------------------------------------------------------------------------------------------

                  Military Construction, Defense-Wide

    The Committee recommends a total of $1,086,968,000 for 
Military Construction, Defense-Wide. Within this total, the 
Committee provides $30,000,000 for a National Security Agency 
(NSA) data center at Camp Williams, instead of $181,500,000 as 
requested by the Administration. The Committee is concerned 
that this unauthorized project, which was proposed only after 
the Office of Management and Budget recently rejected the 
original leased facility plan, has not been fully scoped. The 
funds requested are only a small portion of the current 
estimated cost of the project, which is $1,781,000,000. It is 
unwise to commit taxpayer funds to construction of a project of 
this magnitude without further review and consultation, and 
therefore the Committee recommends funding for the planning and 
design of this project only. The Committee directs NSA to seek 
funds for the construction of this facility through the regular 
military construction authorization and appropriation process.
    Within the total, the Committee also recommends 
$1,056,968,000 for military hospital construction. The 
Committee remains concerned about the large backlog of 
recapitalization of medical treatment facilities across the 
Department of Defense. Several hospitals are decades old and do 
not meet current standards for medical care. Along with the 
funds provided for child care facilities and warrior transition 
programs in this bill, these funds will further the Committee's 
commitment to maintaining a high quality of life for the Armed 
Forces. The bill includes language requiring the Secretary of 
Defense to submit an expenditure plan for these funds no later 
than 30 days after the enactment of this Act.

                   North Atlantic Treaty Organization


                      Security Investment Program

    The Committee recommends $100,000,000 for the North 
Atlantic Treaty Organization Security Investment Program as 
requested by the Administration.

            Department of Defense Base Closure Account 2005

    The Committee recommends $263,300,000 for Department of 
Defense Base Closure Account 2005 as requested by the 
Administration. The amount provided fully funds the 
Administration's request to expedite medical facility 
construction at Bethesda and Fort Belvoir and provide 
enhancements at Bethesda.

                    GENERAL PROVISIONS, THIS CHAPTER

    The Committee does not recommend a provision proposed by 
the Administration to amend section 2805 of title 10, United 
States Code, to increase the spending limit on the use of 
operation and maintenance funds for unspecified minor 
construction.
    The Committee does not recommend a provision proposed by 
the Administration to amend section 2808 of the Military 
Construction Authorization Act for Fiscal Year 2004 to allow 
the Department to exceed the fiscal year 2009 limitation on use 
of contingency construction authority.

      CHAPTER 10--STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS


                              Introduction

    The Committee recommendation provides for Department of 
State and Foreign Operations a total of $9,870,466,000, which 
is $3,022,322,000 above the request.

                          DEPARTMENT OF STATE


                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommendation includes $1,016,215,000 for 
Diplomatic and Consular Programs, to support operations and 
security requirements for Afghanistan, Pakistan, and Iraq; and 
to address increased requirements for global activities, which 
is $421,900,000 above the request. Within the amount provided, 
$403,983,000 is for worldwide security protection. Funds made 
available under the heading are to be allocated as follows and 
are subject to the terms and conditions of section 21002 (a) 
and (b) concerning allocations and notifications:

                                        DIPLOMATIC AND CONSULAR PROGRAMS
                                   [Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                 Subtotal,     Supplemental        Committee
                           Activity                                FY2009         request        recommendation
----------------------------------------------------------------------------------------------------------------
                          Afghanistan
Operations (State)............................................       72,656           123,900            169,800
Worldwide Security Protection.................................      194,444           101,545            121,545
Operations (Other Agencies)...................................            0           137,600            157,600
    Subtotal, Afghanistan.....................................      267,100           363,045            448,945
                           Pakistan
Operations....................................................       18,134            36,462             36,462
Worldwide Security Protection.................................       31,625             9,078              9,078
    Subtotal, Pakistan........................................       49,759            45,540             45,540
                             Iraq
Operations....................................................      866,632           120,000            220,000
Worldwide Security Protection.................................      767,050            30,000            266,000
    Subtotal, Iraq............................................    1,633,682           150,000            486,000
                            Global
Operations....................................................            0            28,370             28,370
Worldwide Security Protection.................................    1,117,000             7,360              7,360
        Subtotal, D&CP........................................;    1,117,000            35,730             35,730
    TOTAL, Diplomatic and Consular Programs...................    3,067,541           594,315          1,016,215
        Subtotal, Operations..................................      957,422           446,332            612,632
Subtotal, Worldwide Security Protection.......................    2,110,119           147,983            403,983
----------------------------------------------------------------------------------------------------------------

    Afghanistan.--The recommendation includes $448,945,000 for 
the diplomatic and security operations in Afghanistan, which is 
$85,900,000 above the request. Within the total, $121,545,000 
is for worldwide security protection.
    Within the $169,800,000 provided for operations is funding 
to support the ongoing civilian staffing surge in Afghanistan, 
including the requested 170 additional United States direct-
hire personnel in Kabul; 251 new temporary federal appointments 
for expanded Provincial Reconstruction Teams (PRTs) and other 
regional/provincial engagement teams; and 106 locally engaged 
staff to augment Mission personnel in Kabul and at the 
provincial and local levels. Funds also will be used to provide 
essential life support services, annualize staffing costs 
supported through the fiscal year 2008 supplemental, and cover 
travel and training expenses for Embassy and PRT personnel.
    In addition, the recommendation for operations includes 
$33,000,000, which is $10,900,000 above the request, for 
enhancing the Mission's Public Diplomacy efforts in seven key 
Afghanistan provinces and Kabul. The funds provided will 
support at least 10 new American direct-hire positions. 
Specific projects include establishing up to 10 American 
Corners and 10 Internet Access Training Programs; training of 
Afghan media staff; outreach/media tours; English language 
training programs; University Journalism programs; Provincial 
level public diplomacy grants; and the development of linkages 
between universities in Afghanistan and the United States.
    The Committee understands that research shows that radio is 
the dominant medium for news in the Afghanistan-Pakistan border 
region and that, with the exception of Voice of America's (VOA) 
Radio Deewa and a few other international broadcasters, much of 
the radio broadcasting to this region is done by extremists. 
For this reason, the Committee recommendation includes 
$10,900,000 above the request for public diplomacy activities 
in Afghanistan for the purpose of expanding radio broadcasting 
to this critical region. The Committee also includes language 
directing the transfer of the funds to the ``International 
Broadcasting Operations'' account of the Broadcasting Board of 
Governors. The Committee intends the funds to be used to expand 
radio Deewa's daily broadcasts from six to nine hours and to 
launch a six hour Radio Free Europe/Radio Liberty (RFE/RL) 
Azadi Deewa program stream. Funds may also be used to establish 
capacity to send headlines and breaking news to listeners via 
mobile phones and to enhance security for RFE/RL's Kabul 
bureau.
    The recommendation for Afghanistan operations also includes 
sufficient funding for operation and maintenance of the 
aviation support program for embassy and PRT personnel that was 
initiated last year with funds made available in the 
Supplemental Appropriations Act, 2008 (Public Law 110-252).
    Within the $121,545,000 provided for worldwide security 
protection in Afghanistan, the recommendation includes the 
amounts requested for the security requirements for opening a 
Regional Embassy Office in Herat, including physical security, 
a guard force, protective details, and a quick reaction force 
team; additional staff to support the increased number of PRT 
and Embassy mission personnel; additional Security Protective 
Specialists to provide for direct oversight of private security 
contractors; physical security upgrades in Kabul and at PRT 
sites; and the training and administrative support necessary to 
accommodate the increased number of personnel being sent to 
Afghanistan. This training is mandatory for all personnel in 
Afghanistan and Pakistan.
    The Committee urges that priority be given to hiring the 
new agents and Security Protective Specialists needed to 
provide oversight of contract security personnel in 
Afghanistan. The Committee believes that establishing clear 
operational procedures for, and providing rigorous oversight 
of, private security contractors is essential to ensuring safe 
and effective security operations in Afghanistan.
    Finally, the recommendation includes $157,600,000, and 
authority for the Secretary of State to transfer funds to other 
United States Government agencies, for a surge in civilian 
experts in the areas of agriculture, justice (including drug 
enforcement), customs and border management, health, finance, 
and aviation. These funds will support an estimated 59 existing 
personnel, initially funded in the fiscal year 2008 emergency 
supplemental, and up to 73 new positions in Afghanistan in 
order to further the Mission's civilian capacity and facilitate 
operations to stabilize communities at the provincial level and 
strengthen the Government of Afghanistan.
    The Committee expects that with respect to the interagency 
funds described above, the spending plan required in section 
21003 of this chapter will be developed in consultation with 
the heads of the relevant federal agencies. The Committee 
further expects that priority in the allocation of these funds 
will be given to those agencies and activities with existing 
personnel in Afghanistan. The recommendation includes 
$20,000,000 above the request in order to ensure that the 
Department of State has sufficient resources into fiscal year 
2010 to support these personnel and activities.
    Pakistan.--The Committee recommendation includes 
$45,540,000 for the diplomatic and security operations in 
Pakistan, which is the same as the request. Within the total 
for Pakistan, $9,078,000 is for worldwide security protection.
    Of the amount provided, $36,462,000 is for diplomatic 
operations in Pakistan, including $5,562,000 to hire additional 
locally engaged staff; annualize new staff supported through 
the fiscal year 2008 supplemental; and support increased travel 
and training expenses. Also, $30,900,000 is provided to enhance 
Public Diplomacy efforts in Pakistan to counter violent 
extremism and expand the Mission's engagement with the 
Pakistani people. In addition to supporting four new public 
diplomacy positions, the funds will be used to expand English 
language programs, enhance communications and journalism 
training, support book translation, increase television and 
radio programming targeted to youth, and augment support of 
moderate local programs and organizations.
    The Committee recommendation also includes an estimated 
$9,078,000 for worldwide security protection to protect 
civilian diplomatic and development personnel from the growing 
security threats in Pakistan. Within the amount provided, 
$3,200,000 is for expanded requirements for ongoing operations 
in Islamabad, Peshawar, Karachi, and Lahore; and $5,878,000 is 
for the support of two protective security teams in Peshawar, 
including salary, training, equipment, travel and insurance 
costs.
    Iraq.--The Committee recommendation includes $486,000,000 
for the diplomatic and security operations of the United States 
Mission in Iraq, which is $336,000,000 above the request. 
Within the total, an estimated $220,000,000 is for worldwide 
security protection. The recommendation includes sufficient 
funds to cover diplomatic operations in Iraq at least through 
the first quarter of 2010 in order to facilitate support for 
operations as the Mission transitions both to an annualized 
funding cycle and to a more regular diplomatic and development 
program. The funding provided is for the civilian Mission basic 
operations, logistics and other support activities, security 
requirements, and PRT operations.
    The Committee understands that a substantial portion of the 
funds requested are for anticipated lease costs of facilities 
supporting the United States Mission in Iraq. The Committee 
requests that the Secretary of State prepare and submit to the 
Committees on Appropriations a report on the facilities lease 
plan not later than 90 days after enactment of this Act. The 
report should include a description of the facilities to be 
leased, a justification of the lease requirement or purpose, 
and the annual cost and duration of each lease.
    On January 23, 2009, the Government of Iraq announced that 
they would not issue a new operating license to one of the 
three vendors providing security services in Iraq. Therefore, a 
portion of the funds available for worldwide security 
protection are for costs associated with transitioning the 
current Worldwide Personal Protective Service (WPPS) Baghdad 
and Al-Hillah task orders to new vendors. Funds also will be 
used to meet the increased security force costs and complete 
physical security upgrades due to the International Zone 
transition in Baghdad.
    Global Operations.--The Committee recommendation includes 
$28,370,000 for ongoing operations of the Department of State, 
which is the same as the request. Included is: $7,270,000 for 
the Office of the Coordinator for Counterterrorism; and 
$8,500,000 for support of expanded diplomatic activities, 
including of the new Deputy Secretary of State for Resources 
and Management, the Special Representative to Afghanistan and 
Pakistan, the Special Envoy to the Middle East, the Special 
Envoy for Climate Change, the Special Envoy for North Korea, 
the United States Ambassador to the United Nations, the envoy 
to the international Somali peacekeeping and development 
meeting and activities associated with the International 
Contact Group on Piracy. Funds will support 65 domestic 
positions, including information technology and communications 
equipment.
    The Department of State shall provide an annual report to 
the Committees on Appropriations accounting for the staff 
positions and resources dedicated to supporting special envoys, 
special representatives, coordinators, and similar positions. 
Any transfer of these positions to other bureaus and offices, 
or any reorganization affecting these positions, shall be 
subject to the regular notification procedures of the 
Committees on Appropriations.
    Finally, $7,360,000 is included within funds available for 
worldwide security protection for the Life Safety program. 
Funds will support personnel, equipment, travel and software 
necessary for the protection of diplomatic security personnel 
and the conduct of counterinsurgency actions in Afghanistan and 
Pakistan.

                      OFFICE OF INSPECTOR GENERAL

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommendation includes $17,123,000 for 
Office of Inspector General, which is $9,922,000 above the 
request. Language is included transferring $7,201,000 to the 
Special Inspector General for Afghanistan Reconstruction 
(SIGAR) to augment the SIGAR's oversight capabilities, as 
requested.
    With these additional funds, the total available to the 
SIGAR in fiscal year 2009 is $23,201,000. Within the amount 
provided for SIGAR, $4,300,000 is for personnel compensation 
for an additional 31 professional positions and nine locally 
employed staff; $2,200,000 is for travel and transportation, 
including housing costs and Capital Security Cost Sharing 
(ICASS) charges for 25 staff at Embassy Kabul; and $700,000 is 
for other rent, communications, utilities expenses, and 
contractual services. The recommendation also includes language 
extending to the SIGAR the temporary hiring authority of 
section 3161 of title 5 of the United States Code. This 
authority has been utilized extensively by both the Department 
of State and the Special Inspector General for Iraq 
Reconstruction.
    The recommendation also includes $9,922,000 to continue and 
augment the oversight activities of the Office of Inspector 
General in the Middle East and South Asia regions. In addition, 
section 21004 of this chapter transfers $1,000,000 from funds 
made available under the ``Economic Support Fund'' heading to 
the Office of Inspector General for oversight of activities in 
the West Bank, Gaza and the surrounding region. The Committee 
expects that priority in the allocation of the additional funds 
be given to expanding oversight of activities in Pakistan.
    The Committee recommendation includes significant new 
operations and assistance funding for Afghanistan and Pakistan, 
both of which are challenging areas to conduct diplomatic and 
development activities. For this reason, and in addition to the 
funding in this chapter for the various Inspectors General, 
language is included under the heading requiring the Inspector 
General of the United States Department of State and the 
Broadcasting Board of Governors, the Special Inspector General 
for Iraq Reconstruction, the SIGAR, and the Inspector General 
of the United States Agency for International Development 
(USAID) to continue to coordinate and integrate the programming 
of funds made available in fiscal year 2009 for oversight of 
programs in Afghanistan, Pakistan and Iraq. The language also 
directs the Secretary of State to submit to the Committees on 
Appropriations, not later than 30 days after completion, the 
annual comprehensive audit plan for Southwest Asia developed by 
the Southwest Asia Joint Planning Group in accordance with 
section 842 of Public Law 110-181.

            EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

    The bill includes $989,628,000 for urgent embassy security, 
construction, and maintenance costs, which is $90,900,000 above 
the request.
    The Committee understands the importance of providing safe 
and secure facilities for civilian diplomatic and development 
personnel to live and work. This is especially important in 
high threat environments, such as Afghanistan and Pakistan. The 
Committee has an obligation to take all reasonable steps to 
protect civilian employees who are posted to these high threat 
areas, including the replacement of unsafe, unsecure, and 
outdated diplomatic facilities.
    For this reason, the Committee recommendation includes the 
full amount requested for the projects in Afghanistan and 
Pakistan. The Committee urges the Department of State to ensure 
that both office and housing plans accommodate the surge in 
civilian personnel under the recently announced strategy for 
Afghanistan and Pakistan. The Committee is concerned that 
current plans may not take into account fully the facilities 
requirements of the President's revised strategy for the 
region. The Committee notes that failure to adjust to changing 
staffing requirements in Iraq, led to costly modifications to 
the New Embassy Compound (NEC) in Baghdad and does not want to 
see this pattern repeated. The Committee directs that the 
Secretary of State ensure that the spending plan required in 
section 21003 include detailed information about facilities 
plans in Afghanistan and Pakistan and how the plans are 
integrated into the current and long-term staffing strategy.
    The funds made available under the heading for Afghanistan 
and Pakistan are to be allocated as follows and are subject to 
the terms and conditions of section 21002(a) and (b) concerning 
allocations and notifications:

                                 EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE
                                   [Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                  FY2009
                         Country/city                             Subtotal     Supplemental        Committee
                                                                   FY2009         request        recommendation
----------------------------------------------------------------------------------------------------------------
                          Afghanistan
Housing.......................................................       41,300                 0                  0
Office Annex Building.........................................      156,300                 0                  0
Land Acquisition and SMDP.....................................            0            87,028             87,028
                                                               -------------------------------------------------
    Total, Afghanistan........................................      197,600            87,028             87,028
                      Pakistan, Islamabad
Land Acquisition and SMDP.....................................       47,000                 0                  0
Permanent Housing.............................................            0           161,500            161,500
New Office Building, NOB/Chancery.............................            0           405,000            405,000
New Office Annex, NOX.........................................            0           111,000            111,000
Marine Security Guard Quarters, MSGQ..........................            0             5,000              5,000
General Service Office, GSO Building..........................            0            18,000             18,000
TDY Quarters..................................................            0            36,000             36,000
                                                               -------------------------------------------------
    Subtotal, Islamabad.......................................       47,000           736,500            736,500
                      Pakistan, Peshawar
Land Acquisition, NOB.........................................       49,000                 0                  0
Housing and Unclassified Operations...........................            0            40,100             40,100
Office Space..................................................            0                 0             90,900
                                                               -------------------------------------------------
    Subtotal, Peshawar........................................       49,000            40,100            131,000
                       Pakistan, Lahore
Land Acquisition..............................................            0            29,600             29,600
                                                               -------------------------------------------------
    Subtotal, Lahore..........................................            0            29,600             29,600
                            Global
Mobile Mail Screening Units...................................            0             5,500              5,500
                                                               -------------------------------------------------
    Total, ESCM...............................................      293,600           898,728            989,628
----------------------------------------------------------------------------------------------------------------

    Afghanistan.--The Committee recommendation includes 
$87,028,000 for the acquisition of a 30 to 40 acre site 
adjacent to the Kabul Embassy compound, which is the same as 
the request.
    Currently, there are 394 occupants in both permanent and 
temporary housing in Kabul. The request for property 
acquisition is part of a multi-year construction program to 
provide safe and secure work environments and housing for a 
projected 616 diplomatic and development personnel in Kabul. 
The Committee believes that the challenging security situation 
in Afghanistan warrants the provision of these funds at this 
time.
    Pakistan.--The Committee recommendation includes 
$897,100,000 for the renovation and construction of facilities 
in Pakistan, which is $90,900,000 above the request. Due to the 
deteriorating security environment in Pakistan, the Committee 
concurs in the request for a major upgrade of facilities in 
Islamabad, Peshawar, and Lahore.
    For Islamabad, the recommendation includes $736,500,000 for 
the renovation/replacement of the existing chancery (New Office 
Building) to accommodate approximately 645 personnel; 
$111,000,000 for the construction of a new annex to accommodate 
an estimated 330 personnel; $108,000,000 for an estimated 156 
units of permanent NEC housing; and $112,500,000 for 
construction of temporary duty quarters, United States Marine 
Corps security barracks, and general office facilities.
    For Peshawar, the recommendation includes $131,000,000 for 
the renovation and construction of a NEC, including onsite 
housing, which is $90,900,000 above the request. In addition, 
the Committee understands that the Department of State plans to 
use $49,000,000 of the funds made available under this heading 
in the Department of State, Foreign Operations and Related 
Programs Appropriations Act, 2009 (division H of Public Law 
111-8) for the land acquisition for the Peshawar NEC. 
Currently, housing and office facilities in Peshawar are 
separate and diplomatic and development personnel have to 
commute to work each day in an increasingly unsafe environment. 
The Committee recommendation is sufficient to fully fund both 
phases I and II of the project, which will combine housing and 
office space at the same secure site. Having all funding 
upfront should expedite completion of all work on this project, 
thereby shortening the time it will take for providing safe and 
secure facilities for diplomatic and development staff.
    For Lahore, the recommendation includes $29,600,000 for the 
acquisition, mitigation, and development of sites for the 
future construction of new consulate facilities.
    Global Activities.--The Committee recommendation includes 
$5,500,000 for the deployment of additional mail screening 
units to protect United States Government employees at various 
high risk diplomatic posts. These are stand-alone, removable 
specially equipped facilities, located near compound perimeters 
and close to the entrance of local mail. To date, 114 mobile 
screening units have been deployed worldwide. The Department of 
State estimates the additional funds will enable the deployment 
of another 73 units at high threat posts.

                      International Organizations


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

    The Committee recommendation includes $836,900,000 for 
Contributions for International Peacekeeping Activities (CIPA), 
which is the same as the request. The Committee directs that 
none of the funding provided is intended to be used for so 
called ``Pre-Helms/Biden'' related arrears. The Committee 
directs that to the maximum extent possible the Department of 
State should use the additional resources provided to pay down 
most urgent arrearages and mission shortfalls. The Committee 
urges the Department of State to give priority funding 
consideration for the United Nations peacekeeping mission in 
Central African Republic and Chad (MINURCAT) and the United 
Nations Mission in the Democratic Republic of the Congo (MONUC) 
during allocation of resources.
    The Committee has not included transfer language requested 
by the Administration for support of a logistics package for 
the African Union Mission in Somalia (AMISOM). The Committee 
does not support the transfer of funds from treaty-based United 
Nations peacekeeping missions funded within the CIPA account to 
the voluntary peacekeeping activities funded in the 
Peacekeeping Operations (PKO) account. The Committee has 
included additional resources in PKO for AMISOM.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT


                  Funds Appropriated to the President


                           OPERATING EXPENSES

    The Committee recommendation includes $152,600,000 for 
Operating Expenses, which is the same as the request. Of the 
total, $140,000,000 is for Afghanistan operations; $7,600,000 
is for Pakistan operations; and $5,000,000 is for West Bank and 
Gaza operations. This funding is intended to support the 
civilian surge capacity that is needed to implement additional 
programs, and security requirements for these efforts.

                        CAPITAL INVESTMENT FUND

    The Committee recommendation includes $48,500,000 for 
Capital Investment Fund, which is the same as the request. Of 
the total, not more than $19,870,000 is for ICASS charges; and 
$10,200,000 is for the establishment of the Enterprise Disaster 
Recovery project.
    In addition, $18,430,000 is provided to support office 
needs related to the staffing increases supported through the 
Development Leadership Initiative. The Committee has 
prioritized increased staffing for USAID. This funding is 
intended to begin efforts to provide adequate office space in 
Ethiopia, Nigeria, Thailand, Jordan, Peru, and El Salvador for 
new employees. USAID is directed to provide a spending plan to 
the Committees on Appropriations prior to obligation of these 
funds.

                      OFFICE OF INSPECTOR GENERAL

    The Committee recommendation includes $3,500,000 for Office 
of Inspector General, which is $3,500,000 above the request. 
These funds are intended to support increased program oversight 
in Afghanistan and Pakistan. In addition, language included 
under the ``Economic Support Fund'' heading transfers 
$2,000,000 to the Office of Inspector General for oversight of 
USAID activities in the West Bank and Gaza.
    The Committee recommendation includes significant new 
operations and assistance funding for Afghanistan and Pakistan, 
both of which are challenging areas to conduct diplomatic and 
development activities. For this reason, the Committee directs 
the USAID Inspector General to work with the Inspector General 
of the United States Department of State and the Broadcasting 
Board of Governors, the Special Inspector General for Iraq 
Reconstruction, and the SIGAR to coordinate and integrate the 
programming of funds made available in fiscal year 2009 for 
oversight of programs in Afghanistan, Pakistan and Iraq.

                     BILATERAL ECONOMIC ASSISTANCE


                  Funds Appropriated To The President


                    GLOBAL HEALTH AND CHILD SURVIVAL

    The Committee recommendation includes $300,000,000 for 
Global Health and Child Survival, which is $300,000,000 above 
the request.
    Of the total, $200,000,000 is provided to support global 
efforts to track, contain, and slow the spread of the H1N1 
virus in developing countries. It is critical that the United 
States Government response not only address immediate issues 
domestically, but it should also include efforts to slow the 
outbreaks where they are occurring. These funds should be used 
to monitor and trace the virus in developing countries, support 
provision of medications to treat viral infections as well as 
secondary bacterial infections, inform the general public about 
the risk associated with the virus, implement vaccination 
programs, and expand hospital infection control programs in 
countries most impacted by the virus. The Committee expects to 
be consulted before the spending plan required by section 21003 
of this chapter is finalized.
    The Committee recommendation also includes language 
providing authority to the President to use funding under the 
``Global Health and Child Survival'', ``Development 
Assistance'', ``Economic Support Fund'', and ``Millennium 
Challenge Corporation'' headings to combat a H1N1 influenza 
pandemic, if he determines that the human-to-human transmission 
of the H1N1 influenza virus is efficient and sustained, and is 
spreading internationally. This is the highest threat level of 
the World Health Organization's Global Influenza Preparedness 
Plan. The Office of Management and Budget should request 
reimbursement of any funds used from these accounts in the 
event that the President exercises this authority.
    Additionally, $100,000,000 is provided for an additional 
United States contribution to the Global Fund to Fight AIDS, 
Tuberculosis and Malaria, which is $100,000,000 above the 
request. This additional funding shall be used to fill any 2009 
shortfall.

                   INTERNATIONAL DISASTER ASSISTANCE

    The Committee recommendation includes $200,000,000 for 
International Disaster Assistance, which is the same as the 
request. These additional funds are needed to respond to 
increased insecurity, armed conflict and weather complications 
in Africa, including Somalia, Ethiopia, the Democratic Republic 
of the Congo, and Zimbabwe. Funds also will help address 
growing needs in the Middle East, and Central and South Asia, 
particularly Pakistan, Tajikistan, and Kyrgyzstan.
    The Committee remains concerned about restrictions on 
humanitarian space in Somalia and limited humanitarian access 
to those most in need. The Administration should work with 
regional partners to ensure safe access for humanitarian 
operations.
    The Committee notes its concern over the loss of life and 
the limited humanitarian assistance provided for civilians 
affected by the conflict in Sri Lanka. The Committee urges the 
Secretary of State to continue to press the Government of Sri 
Lanka to comply with international humanitarian law and allow 
full humanitarian access by humanitarian assistance and 
independent monitors--including journalists--in both the no-
fire zones and internally displaced persons camps. The 
Committee urges USAID and the Department of State to ensure the 
provision of humanitarian assistance to those displaced in Sri 
Lanka. In addition, the Committee encourages the Secretary of 
State to support, through other relevant assistance accounts, 
programs that increase and integrate the participation of 
Tamils in Sri Lankan society and foster reconciliation between 
ethnic Tamil and Sinhalese communities.

                         ECONOMIC SUPPORT FUND

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommendation includes $2,907,500,000 for 
Economic Support Fund, which is $33,000,000 above the request. 
Funds made available under the heading are to be allocated as 
follows and are subject to the terms and conditions of section 
21002 (a) and (b) concerning allocations and notifications:

                                              ECONOMIC SUPPORT FUND
                                   [Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                                 Subtotal,     Supplemental        Committee
                            Country                                FY2009         request        recommendation
----------------------------------------------------------------------------------------------------------------
                            Africa
Kenya\1\......................................................       25,000  ................             18,000
Somalia.......................................................       20,250  ................             10,000
Sudan.........................................................      253,550  ................             15,000
Zimbabwe......................................................       41,000            45,000             28,000
                     East Asia and Pacific
Burma.........................................................       20,300            13,000             13,000
North Korea...................................................       15,000            95,000                  0
                           Near East
Iraq..........................................................      102,500           449,000            449,000
Egypt.........................................................      200,000  ................             50,000
Jordan........................................................      363,547  ................            100,000
West Bank and Gaza............................................      225,000           556,000            556,000
                    South and Central Asia
Afghanistan...................................................    1,187,000           839,000            839,000
Pakistan......................................................      575,000           429,500            529,500
                             Other
Countries Impacted by the Global Financial Crisis.............  ...........           448,000            300,000
                                                               -------------------------------------------------
    TOTAL.....................................................    3,028,147         2,874,500         2,907,500
----------------------------------------------------------------------------------------------------------------
\1\Funding of $38,000,000 for Kenya was requested under the ``Development Assistance'' heading.

Africa

    Kenya.--The Committee recommendation includes $18,000,000 
for Kenya, which is $20,000,000 below the request. This funding 
should support efforts to strengthen local governance capacity 
and civil society, expand constitutional reform efforts, 
provide economic opportunities for youth, and continue peace 
and reconciliation programs following the post-election 
violence.
    Somalia.--The Committee recommendation includes $10,000,000 
for Somalia, which is $10,000,000 above the request. In order 
to address the piracy in the seas off the coast of Somalia, the 
Committee believes that more needs to be done to restore peace 
and security to Somalia. The Committee intends that these funds 
will be used to provide economic opportunity and livelihoods to 
youth, and to support capacity building of government 
institutions and civil society organizations in order to 
promote good governance.
    Sudan.--The Committee recommendation includes $15,000,000 
for southern Sudan, which is $15,000,000 above the request. 
This funding should support efforts to expand livelihood 
programs in southern Sudan and to support implementation of the 
Comprehensive Peace Agreement.
    Zimbabwe.--The Committee recommendation includes 
$28,000,000 for Zimbabwe, which is $17,000,000 below the 
request. This funding should support efforts to strengthen 
democratic institutions, processes, and systems; provide 
economic opportunity for youth; and strengthen civil society.

East Asia and Pacific

    Burma.--The Committee recommendation includes $13,000,000 
for assistance for Burma, which is the same as the request. 
Within the amount provided, $10,000,000 is for continuing 
humanitarian assistance inside Burma that was begun in response 
to Cyclone Nargis that devastated parts of Burma in May 2008. 
The Committee expects that the assistance will be delivered 
through nongovernmental organization partners already operating 
or recently working in Burma. The Committee directs the 
Department of State and USAID to ensure that no assistance 
flows to or through the Burmese government, its bureaucracy, or 
regime-affiliated organizations, such as government-organized 
nongovernmental organizations. The Committee expects this 
assistance to be delivered to those affected by the cyclone 
without either discriminating based on ethnicity or religion, 
or supporting reconstruction projects that use forced labor.
    The Committee recommendation also includes $3,000,000 to 
stabilize funding for humanitarian activities for Burmese 
refugees, migrants in Thailand, and internally displaced 
persons. These funds are in addition to $15,000,000 made 
available for humanitarian activities along the border in the 
Department of State, Foreign Operations and Related Programs 
Appropriations Act, 2009 (Public Law 111-8).
    North Korea.--Given the April 5, 2009 missile launch by 
North Korea in contravention of United Nations Security Council 
resolution 1718, the Foreign Minister's April 14, 2009 
announcement that the Government is pulling out of the six 
party negotiations and restoring the operation of the nuclear 
facilities which had been disabled, and the continued 
detainment of two United States journalists, the Committee 
recommendation does not include the $95,000,000 requested for 
energy assistance for North Korea. The Committee, however, 
still strongly supports the denuclearization of the Korean 
peninsula and the Six Party Talk framework. The Committee will 
consider providing such assistance in the future if North Korea 
returns to the negotiating table and is abiding by agreements 
reached under the Six Party Talks.

Near East

    Iraq.--The Committee recommendation includes $449,000,000 
for Iraq, which is the same as the request. The Committee 
intends that not less than $7,000,000 of the funds made 
available for democracy activities in Iraq be for the ongoing 
activities and programs in Iraq of the United States Institute 
of Peace. The Committee is concerned about the treatment of 
women in Iraq, and urges the Department of State and USAID to 
continue efforts to encourage the incorporation of women in 
stabilizing Iraq and creating its government institutions. The 
Committee is also concerned about the plight of women and 
religious minorities, particularly Iraqi Christians, amongst 
displaced and refugee populations and urges that programs of 
support for displaced and refugee populations take into account 
the needs of religious minorities. The Committee continues all 
previous terms and conditions for assistance to Iraq, including 
the requirement for matching contributions.
    Egypt.--The Committee recommendation includes $50,000,000 
for Egypt, which is $50,000,000 above the request. Priority 
should be given to support for economic development programs in 
the Sinai.
    Jordan.--The Committee recommendation includes $100,000,000 
for Jordan, which is $100,000,000 above the request. The 
Committee is concerned about the impact of the global financial 
crisis on Jordan's economy and notes Jordan's continued support 
for Iraqi refugees.
    West Bank and Gaza.--The Committee recommendation includes 
not more than $556,000,000 for economic and humanitarian 
assistance for the West Bank and Gaza, which is the same as the 
request. Of the sums provided, not more than $200,000,000 is 
available for cash transfer assistance to the Palestinian 
Authority in the West Bank. The Committee continues the 
prohibition on salaries for personnel of the Palestinian 
Authority located in Gaza. The Committee provides $188,000,000 
for economic assistance to the West Bank for programs that 
rebuild critical infrastructure, restore essential services, 
support economic growth and private enterprise development and 
strengthen local governance capacity. Not more than 
$156,000,000 is provided for humanitarian assistance to Gaza 
and $12,000,000 is for humanitarian assistance to the West 
Bank.
    The Committee continues a prohibition on any assistance in 
this Act from being provided to Hamas or any entity effectively 
controlled by Hamas and further requires that no assistance may 
be provided to a power-sharing government of which Hamas is a 
member unless the President certifies that such government, 
including all of its ministers or such equivalent, has publicly 
accepted and is complying with the principles of section 
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as 
amended. The Committee also continues all terms and conditions 
of division H of Public Law 111-8 with respect to assistance 
for the West Bank and Gaza.

South and Central Asia

    Afghanistan.--The Committee recommendation includes 
$839,000,000 for Afghanistan, which is the same as the request.
    The Committee supports the need for a comprehensive and 
multi-faceted approach to stabilizing Afghanistan and defeating 
Al Qaeda that includes the involvement of multiple United 
States government agencies. Given the broad nature of the 
interventions outlined in this Act, coordination across United 
States agencies as well as with bilateral and multilateral 
donors will be critical.
    Afghanistan Reconstruction Trust Fund (ARTF)/National 
Solidarity Program (NSP).--The Committee recommendation 
includes funding to continue to leverage other international 
donor resources through the ARTF. Not less than $70,000,000 
shall be provided to the NSP to support small-scale development 
initiatives, which is $50,000,000 above the request.
    Agriculture.--In order to cement advances in rule of law 
and security, economic opportunity must be assured to the 
people of Afghanistan. The Committee recommendation includes 
$85,000,000 for agriculture programs. These funds should be 
used to support a multi-faceted program that addresses short 
term food security needs as well as medium and long term 
efforts to support the development of the agricultural sector. 
Programs should be well coordinated with alternative 
development and economic growth programs to ensure a 
coordinated strategy across the country.
    Alternative Development.--The Committee recommendation 
includes $55,000,000 for alternative development programs. 
These programs should focus on areas with significant poppy 
production, and investments in the agriculture sector should be 
leveraged in order to develop a comprehensive rural development 
strategy.
    Economic Growth.--The Committee recommendation includes 
$200,000,000 for economic growth activities. This funding 
should be used to provide economic opportunities to men, women 
and youth; support vocational training programs to expand 
opportunities for unemployed youth and entrepreneurs; support 
microfinance programs, including for women; and provide 
capacity building support to Government of Afghanistan 
ministries.
    Elections.--The Committee recommendation includes 
$25,000,000 to support free and fair elections in Afghanistan. 
This funding fulfills the commitment made by the Secretary of 
State at the Afghanistan donors pledging conference. USAID 
should ensure that steps are taken to enhance the participation 
of women in the elections preparations and implementation 
plans.
    Governance and Civil Society Capacity Building.--The 
Committee recommendation includes $115,000,000 for governance 
and capacity building programs. Of funds provided, $30,000,000 
shall be provided to small, local, and women-led 
nongovernmental organizations to build their capacity and 
provide services to vulnerable women and girls. This funding 
also will be used to build the capacity of local, provincial 
and national governments to serve the needs of the Afghan 
people. Funding should also be used to strengthen civil society 
organizations, including women-led organizations, to hold the 
government accountable at all levels.
    The Committee is concerned about continued reports of 
corruption at every level of the Afghan government. The 
Department of State is directed to update the Committees on 
Appropriations on steps that are taken by the Government of 
Afghanistan to fight corruption among key power-brokers and 
improve accountability.
    Provincial Reconstruction Teams.--The Committee 
recommendation includes $159,000,000 for PRTs in Afghanistan. 
Small grant activity coordinated through the PRTs should be 
integrated into the overall United States government strategy 
in coordination with the Government of Afghanistan to reduce 
duplication of effort. A portion of this funding will be 
implemented through USAID's Office of Transition Initiatives.
    Rule of Law.--The Committee recommendation includes 
$20,000,000 for rule of law programs. This funding should be 
used to support judicial training, legal education, and 
programs to improve women's access to justice.
    Women and Girls.--The Committee is deeply concerned about 
recent violations of the rights of women and girls in 
Afghanistan. The Secretary of State is directed to develop a 
strategy for improving the security and lives of women and 
girls in Afghanistan. This strategy should include efforts to 
increase women's participation in the political process so that 
their perspective is reflected in any final political agreement 
in Afghanistan. The strategy should include specific actions 
that will be taken to strengthen the Afghan legal system to 
ensure that women's rights are protected and respected. The 
strategy should be provided to the Committees on Appropriation 
not later than 180 days after enactment of this Act.
    USAID and the Department of State should include 
consideration of the special needs of women and girls in 
program development and implementation. In particular, economic 
growth programs should include a special focus on women-owned 
and operated enterprises, including micro, small and medium-
sized enterprises. Programs should also seek to expand women's 
property rights, increase access to financial services and 
credit, and eliminate other legal barriers that impede women's 
ability to earn a livelihood. Finally, technical assistance, 
training and capacity-building for indigenous civil society 
organizations that advocate for women's rights, including the 
prevention of gender based violence, should be expanded.
    Pakistan.--The Committee recommendation includes 
$529,500,000 for Pakistan, which is $100,000,000 above the 
request. The Committee recognizes the difficult economic, 
security and governance challenges confronting Pakistan and 
therefore is bringing forward $100,000,000 in economic 
assistance requested in the President's fiscal year 2010 budget 
in order to help Pakistan address the urgent economic situation 
facing the country.
    Assistance is provided to improve the access and quality of 
public education in Pakistan, including teacher training, 
school construction, and vocational training. The Committee 
intends for the assistance provided to support activities to 
increase agricultural production and improve food security as 
well as to support micro, small and medium enterprise programs 
and support for displaced populations. USAID is encouraged to 
support programs that improve Pakistan's transportation 
infrastructure. Assistance is also provided to strengthen 
governance at the national, provincial and district level, 
including for the Parliament, the independent media and the 
judiciary. The Committee urges the Department of State and 
USAID to work with Pakistani authorities and civil society to 
establish strong transparency and accountability measures for 
the expenditure of donor funds, including the establishment of 
independent audit and inspector general offices.
    A portion of the funds may be used as budget support in 
order to assist the Government of Pakistan in meeting the 
reforms required by the International Monetary Fund's (IMF) 
standby agreement and to minimize the impact of these reforms 
on the Pakistani people. The Committee understands that budget 
support will be used to support specific programs, including 
the Benazir Income Support Program, electricity to schools and 
hospitals, school construction, teacher training, and 
infrastructure to improve agriculture. The Committee directs 
that a bilateral agreement be in place prior to the provision 
of any direct budget support and that such agreement be 
structured to provide maximum accountability and oversight, 
including conditions for disbursements of funds and detailed 
monitoring and reporting requirements. Funds should be 
deposited in a separate, traceable account with the Government 
of Pakistan and be allocated toward operations in specific 
sectors. The Secretary of State is directed to consult with the 
Committees on Appropriations prior to the provision of any 
budget support, including on the amounts, uses and oversight of 
such funds as well as on the bilateral agreement.

Other

    Assistance to Developing Countries Affected by the Global 
Financial Crisis.--The Committee recommendation includes 
$300,000,000 for assistance to developing countries affected by 
the global financial crisis, which is $148,000,000 below the 
request. Section 21007 requires these funds to be provided only 
to those countries that:
           Have a 2007 per capita Gross National Income 
        of $3,705 or less;
           Have seen a contraction in predicted growth 
        rates of 2% or more since 2007; and
           Demonstrate consistent improvement on the 
        democracy and governance indicators as measured by the 
        Millennium Challenge Corporation 2009 country 
        scorebook.
    These funds should be implemented through established 
programs that address the special needs of the poorest of the 
poor and should have implementation timelines not to exceed 18 
months. These programs should provide basic health care and 
education services; provide basic livelihood support to those 
most impacted by the crisis; support infrastructure projects 
that will directly impact future economic development, such as 
electricity programs; provide technical assistance in essential 
areas; and provide basic private sector liquidity to vulnerable 
populations. The following countries should receive priority 
consideration: El Salvador, Ghana, Guatemala, Haiti, Indonesia, 
Liberia, Mongolia, Mozambique, Tanzania, and Zambia. The 
Department of State and USAID are directed to consult with the 
Committees on Appropriations not later than 45 days after 
enactment of this Act on implementation of this program, 
including on the transfer of funds to the Overseas Private 
Investment Corporation and to the Development Credit Authority.

            ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

    The Committee recommendation includes $242,500,000 for 
Assistance for Europe, Eurasia and Central Asia, which is the 
same as the request. The Committee provided $365,000,000 in the 
Disaster Relief and Recovery Supplemental Appropriations Act, 
2008 (division B; Public Law 110-329). The Committee notes that 
with the addition of funds made available by this Act, the 
United States pledge of $1,000,000,000, for Georgia, made on 
October 22, 2008 has been fulfilled.

                          Department of State


          INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

    The Committee recommendation includes $483,500,000 for 
International Narcotics Control and Law Enforcement activities, 
which is $94,000,000 above the request.
    Iraq.--The Committee recommendation provides $20,000,000 
for Iraq, which is the same as the request. Within the amount 
provided, funds are available for judicial training and 
security, rule of law advisors and to transition responsibility 
for the development of Iraqi police from the Department of 
Defense to the Department of State. The Committee directs that 
not more than $3,000,000 is available for program development 
and support activities.
    Pakistan.--The Committee recommendation provides 
$65,500,000 for Pakistan, which is the same as the request. 
Within the amount provided, funds are available to expand 
aviation support for tactical counternarcotics, law 
enforcement, and border security operations of the Frontier 
Corps. Additionally, the Committee recommendation provides 
funding to continue operations and support police training and 
activities in the North West Frontier Province and the 
Federally Administered Tribal Areas. The Committee intends that 
funds may be used for a new police training center and for 
upgrades to current police training locations and equipment, to 
include providing fully armored vehicles. The Committee directs 
that not more than $5,000,000 is available for program 
development and support activities.
    Afghanistan.--The Committee recommendation provides 
$129,000,000 for Afghanistan, which is the same as the request, 
for strengthening the criminal justice system, providing 
training, and improving infrastructure and equipment. Within 
the total, the Committee supports funding for justice sector 
reform to advance the institutional capacity and 
professionalism of justice institutions. The Committee also 
includes funding for prison facility improvements and internal 
prison management of Afghanistan's most insecure prisons; 
specifically, funding is provided to rebuild, equip, operate, 
maintain, and provide training for staff at Pol-i-Charki 
prison. Additionally, the Committee provides funding, as 
requested, for the Good Performers Initiative to sustain so 
called ``high-impact'' development assistance and eradication 
efforts and provide incentives to farmers, communities, and 
provinces that demonstrate resolve in fighting criminal drug 
activities. The Committee directs that not more than $5,000,000 
is available for program development and support activities.
    Mexico.--The Committee recommendation provides $160,000,000 
for Mexico, which is $94,000,000 above the request. The 
Committee supports the aggressive action that the Government of 
Mexico has taken and strongly supports Mexico in its war 
against organized crime and drug-trafficking along our shared 
border. The Committee is concerned about reports of firearms 
flowing across the border which contributes to the increased 
level of violence and strongly supports a coordinated security 
strategy to address the mutual concerns between the United 
States and Mexico.
    In order to facilitate and sustain the difficult task 
undertaken by the Mexican government, the Committee is 
accelerating the provision of Merida program funding. In 
addition to the $66,000,000 requested for the purchase of three 
UH-60 ``Black Hawk'' transport helicopters for the Secretariat 
of Public Security (SSP), the Committee is providing an 
additional $94,000,000 in INCLE funding and $310,000,000 in FMF 
funding. The additional INCLE funding for Mexico is intended 
for such items as forensics and nonintrusive inspection 
equipment, computers, training and fixed and rotary wing 
aircraft. The Committee notes that the provision of such 
additional equipment in an expedited fashion will greatly 
assist the Mexican government by enhancing the ability of the 
federal police force to conduct law enforcement, 
counternarcotics, and counterterrorism operations throughout 
Mexico, particularly where drug trafficking organizations are 
challenging the Mexican authorities for control of major 
cities, including those on the United States-Mexico border. 
Additionally, the Committee has provided legislative language 
to ensure the expeditious delivery of this equipment to Mexico 
and directs the Department of State to use all means necessary 
to ensure the prompt delivery of equipment.
    The Committee remains concerned with reports of corruption 
and human rights violations committed by some elements of 
federal and local police and military personnel. The Committee 
expects that none of these funds will be used to repress the 
political opposition. The Committee urges the continuation of 
justice sector and institutional reforms to ensure greater 
respect for human rights and rule of law. The Committee directs 
that not more than $8,000,000 is available for program 
development and support activities. The Committee directs that 
pursuant to section 21003 of this Act, the Department of State 
shall provide a spending plan not later than 45 days after 
enactment of this Act.
    West Bank and Gaza.--The Committee recommendation includes 
$109,000,000 for assistance for West Bank and Gaza, which is 
the same as the request. Within the amount provided, 
$106,000,000 is for ongoing support for training of vetted 
units of the Palestinian National Security Forces, Presidential 
Guard, and Civil Defense First Responders. Additionally, there 
is $3,000,000 to provide law enforcement-related training and 
non-lethal equipment to enhance border integrity along the Gaza 
border. The Committee directs that not more than $1,000,000 is 
available for program development and support activities.

    NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS

    The Committee recommendation includes $98,500,000 for 
Nonproliferation, Anti-Terrorism, Demining and Related 
Programs, which is $23,500,000 below the request. Within the 
total, $73,500,000 is provided for the Nonproliferation 
Disarmament Fund (NDF), which is $23,500,000 below the request, 
for nuclear dismantlement and related activities, as well as 
for border security equipment, training, and program management 
to prevent smuggling of illicit goods into Gaza. Within the 
total, $11,000,000 is to support training of Iraqi National 
Police in VIP protection, and to continue Export Control and 
Border Security activities and the TIP-PISCES terrorist 
interdiction program in Iraq; $12,000,000 is to continue in-
country support for the protection of Afghan President Karzai; 
and $2,000,000 is for training of the Pakistani Federal 
Investigative Agency's antiterrorist team.

                    MIGRATION AND REFUGEE ASSISTANCE

    The Committee recommendation includes $343,000,000 for 
Migration and Refugee Assistance, which is $50,000,000 above 
the request. The funds provided are necessary to respond to 
urgent humanitarian requirements to assist refugees and 
internally displaced persons in Iraq, Jordan, Syria, the West 
Bank and Gaza, Lebanon, Afghanistan, Pakistan, Africa and 
Burmese refugees in Asia. Funds also will help respond to 
urgent food pipeline breaks in refugee feeding operations, 
particularly in Africa.
    The Committee is aware of abiding concerns over whether the 
United Nations Relief and Works Agency (UNRWA) is taking all 
possible steps to prevent its funds from supporting terrorists 
and other extremists, particularly in the West Bank and Gaza, 
and is operating in an open and transparent manner. The 
Committee notes that the Department of State and UNRWA have 
taken steps to improve both the vetting of staff and 
beneficiaries and financial accountability and transparency. In 
an effort to ensure continued progress, section 21004 (b) 
requires that the Secretary of State prepare and submit to the 
Committees on Appropriations, not later than 45 days after 
enactment of this Act, an accountability report on whether 
UNRWA is:
          (1) continuing to utilize Operations Support Officers 
        in the West Bank and Gaza to inspect UNRWA 
        installations and report any inappropriate use;
          (2) acting swiftly in dealing with staff or 
        beneficiary violations of its own policies (including 
        the policies on neutrality and impartiality of 
        employees) and the legal requirements under section 
        301(c) of the Foreign Assistance Act of 1961;
          (3) taking necessary and appropriate measures to 
        ensure it is operating in full compliance with the 
        conditions of section 301(c) of the Foreign Assistance 
        Act of 1961;
          (4) continuing to report every six months to the 
        Department of State on actions it has taken to ensure 
        conformance with the conditions of section 301(c) of 
        the Foreign Assistance Act of 1961;
          (5) taking steps to improve the transparency of all 
        educational materials and supplemental educational 
        materials currently in use in UNRWA-administered 
        schools;
          (6) continuing to use supplemental curriculum 
        materials in UNRWA-supported schools and summer camps 
        designed to promote tolerance, non-violent conflict 
        resolution and human rights;
          (7) not engaging in operations with financial 
        institutions or entities of any kind in violation of 
        relevant United States law and is enhancing its 
        transparency and financial due diligence and 
        diversifying its banking operations in the region; and
          (8) in compliance with the United Nations Board of 
        Auditors' biennial audit requirements and is 
        implementing the Board of Auditors' recommendations in 
        a timely fashion.
    The Committee recommendation also includes language, 
section 21004 (a), limiting to $119,000,000 the amount of 
funding provided in this chapter that can be made available to 
UNRWA for activities in the West Bank and Gaza.

                   INTERNATIONAL SECURITY ASSISTANCE


                  Funds Appropriated to the President


                        PEACEKEEPING OPERATIONS

    The Committee recommendation includes $80,000,000 for 
Peacekeeping Operations (PKO), which is $30,000,000 above the 
request. The Committee recommendation does not include the 
requested transfer authority to allow funds to be shifted 
between the CIPA account and the PKO account.
    Democratic Republic of the Congo (DRC).--The Committee 
recommendation includes $10,000,000 for the DRC, which is the 
same as the request, for training costs and procurement of 
equipment to support a professional rapid reaction force.
    The Committee recognizes that the United States plays an 
important role in training and professionalizing foreign 
security forces around the world. United States training 
promotes high quality, standardized training in operating 
procedures, code of conduct, ethics standards, and human and 
civil rights. The Committee notes that such training is 
critical to eliminating the mistreatment and violence that 
occurs to those in need of protection. Furthermore, the 
Committee is gravely concerned that the violence against women 
and girls in the DRC continues and urges the Department of 
State to focus training on how to prevent and respond to 
gender-based violence against women and girls. The Committee 
directs that any training of a rapid reaction force provided 
with the use of PKO funding from this or prior Acts, shall 
ensure that all members and units be trained in the fundamental 
principles of respect for human rights and protection of 
civilians with a focus on the prevention of rape and other 
sexual abuse.
    The Committee is concerned that donors have not developed a 
coordinated security sector reform effort in the DRC. In order 
to ensure continued funding of this effort, the Department of 
State is directed to report to the Committees on Appropriations 
on steps taken to put in place a coordinated strategy that is 
supported by the Government of the DRC and by other donors. The 
Department of State is directed to consult with the Committees 
on Appropriations prior to the obligation of these funds.
    Somalia.--The Committee recommendation includes $70,000,000 
for Somalia, which is $30,000,000 above the request. The 
funding is intended for Somalia security sector reform, 
logistical support and facilities for the expanded African 
Union Mission in Somalia (AMISOM), and raising AMISOM to United 
Nations peacekeeping operational standards.

             INTERNATIONAL MILITARY EDUCATION AND TRAINING

    The Committee recommendation includes $2,000,000 for 
International Military Education and Training, which is the 
same as the request. These funds are intended to normalize 
training of officers for Iraqi Security Forces.

                   FOREIGN MILITARY FINANCING PROGRAM

    The Committee recommendation includes $1,349,000,000 for 
Foreign Military Financing Program (FMF), which is 
$1,250,600,000 above the request. The Committee directs that 
pursuant to section 21003 of this Act the Department of State 
shall provide a spending plan not later than 45 days after 
enactment of this Act.
    Mexico.--The Committee recommendation includes $310,000,000 
for Mexico, which is $310,000,000 above the request. The 
Committee strongly supports Mexico in its war against organized 
crime and drug-trafficking and supports a coordinated security 
strategy to address mutual concerns. Within the amount 
provided, funds are available to expand aviation support for 
Mexico. In support of a continued cooperative partnership with 
Mexico, the Committee recommendation provides funding for the 
final three surveillance planes (CASA 235) and for medium lift 
maritime transport helicopters (HH-60). The Committee notes 
that the provision of such additional equipment in an expedited 
fashion will greatly assist the Mexican government by enhancing 
the air transport ability and maritime aerial surveillance of 
the Mexican Navy (SEMAR) to conduct counternarcotics, and 
counterterrorism operations. The Committee has provided 
legislative language to ensure the expeditious delivery of this 
equipment to Mexico and directs the Departments of State and 
Defense to use all means necessary to ensure the prompt 
delivery of equipment provided for in this Act and any 
equipment, technical assistance, and training provided in prior 
Acts.
    Lebanon.--The Committee recommendation includes $74,000,000 
for Lebanon, which is $24,400,000 below the request. The 
recommendation directs that no military assistance may be made 
available for obligation until the Secretary of State reports 
to the Committees on Appropriations on the vetting procedures 
in place to determine eligibility to participate in United 
States training and assistance programs funded under this 
account. The Committee further directs the Secretary of State 
to report on the procedures in place to ensure that no funds 
are provided to any individuals or organizations that have any 
known links to terrorist organizations including Hezbollah, and 
mechanisms to monitor the use of the appropriated funds. The 
Committee directs that the Department of State consult with the 
Committees on Appropriations prior to the obligation of funds 
provided for assistance for Lebanon in this Act.
    Advanced Security Assistance to Near East Countries.--The 
Committee hopes that a combination of engagement and diplomatic 
pressure, including sanctions, will produce constructive 
results toward Iran suspending its nuclear program. Yet, the 
Committee notes that, despite three sets of United Nations 
Security Council sanctions as well as United States and 
European measures against Iran's financial system, Iran's 
policy toward its neighbors remains one of obfuscation, 
antagonism, and delay. The Committee believes that in order to 
provide a counterbalance to Iran's hegemonic ambitions in the 
region, Iran's continued support for terrorism through its 
proxies, Hamas and Hezbollah, and Iran's pursuit of nuclear 
weapons, the United States must make every effort to improve 
the defense capabilities of our key allies in the region. 
Therefore, the Committee recommendation provides forward 
funding for a portion of security assistance for Jordan, Egypt, 
and Israel. These funds are not in addition to the presumed 
fiscal year 2010 request. The Committee intends that the 
forward funding of bilateral security assistance should be used 
to sustain the long-term obligations to protect our fundamental 
interests in the region and advance our common goals.
    Jordan.--The Committee recommendation includes $150,000,000 
for Jordan, which is $150,000,000 above the request. The 
Committee notes that Jordan plays a critical role in supporting 
peace and security in the Middle East and strongly supports 
efforts to improve Jordanian security.
    Egypt.--The Committee recommendation includes $260,000,000 
in FMF grants for Egypt, which is $260,000,000 above the 
request, and which shall be transferred to an interest bearing 
account for Egypt in the Federal Reserve Bank of New York 
within 30 days of enactment of this Act. The Committee believes 
that continued military cooperation between Egypt and the 
United States remains in the national security interests of 
both countries.
    Israel.--The Committee recommendation includes $555,000,000 
in FMF grants for Israel, which shall be available within 30 
days of enactment of this Act. The recommendation represents a 
portion of the $2,775,000,000 agreed upon in the Memorandum of 
Understanding between the United States and Israel and 
requested in the Administration's fiscal year 2010 request. The 
balance of $2,220,000,000 will be addressed in the fiscal year 
2010 bill. The Committee remains committed to helping Israel 
maintain its qualitative military edge which is critical for 
its security. The Committee also recommends that to the extent 
that the Government of Israel requests that FMF grant funds for 
Israel be used for such purposes, and as agreed by the United 
States and Israel, funds may be made available for advanced 
weapons systems, of which $145,965,000 shall be available for 
the procurement in Israel of defense articles and defense 
services, including research and development.

               PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommendation includes $400,000,000 for a 
new Pakistan Counterinsurgency Capability Fund (PCCF) account 
that uses existing Department of State authorities. The 
President requested this $400,000,000 within the Department of 
Defense appropriations section of the supplemental request. The 
Committee believes that the PCCF should be considered within 
the context of the Department of State appropriations, as the 
Secretary of State is the principal adviser to the President on 
foreign policy matters. The Committee notes that such a request 
for training for Pakistan, or any other nation where we have a 
national security interest, must be considered within the 
context of Department of State policy guidance, applicable 
governing authorities and appropriations. The Committee also 
notes that the Department of Defense will be responsible for 
the delivery of such assistance. This Fund will be used to 
support counterinsurgency efforts of Pakistani security forces, 
and, on an exceptional basis, irregular security forces to 
provide equipment, support, and training to help Pakistan 
defeat the extremist networks that are operating within its 
territory. The Committee expects the Department of State to 
consult closely on the use of the new account to ensure that 
the funds are obligated and expended in a timely way.

                    GENERAL PROVISIONS, THIS CHAPTER

    The Committee recommendation does not include a provision 
proposed in the supplemental request to make foreign assistance 
funds for Burma and Afghanistan in this Act available 
notwithstanding any other provision of law. The recommendation 
does include a limited notwithstanding authority for Burma in 
this Act under the ``Economic Support Fund'' heading and a 
limited notwithstanding authority for Zimbabwe in section 
21010.
    The Committee recommendation includes the following general 
provisions for this chapter:

                        EXTENSION OF AUTHORITIES

    Section 21001 extends certain authorities necessary to 
expend Department of State and foreign assistance funds.

                              ALLOCATIONS

    Section 21002 requires that funds in the specified accounts 
shall be allocated as indicated in the respective tables in 
this explanatory statement. Any change to these allocations 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.

               SPENDING PLAN AND NOTIFICATION PROCEDURES

    Section 21003 requires the Secretary of State to provide 
detailed spending plans to the Committees on Appropriations on 
the uses of funds appropriated in this chapter. These funds are 
also subject to the regular notification procedures of the 
Committees on Appropriations.

                          UNRWA ACCOUNTABILITY

                     (INCLUDING TRANSFER OF FUNDS)

    Section 21004 includes several accountability measures with 
respect to humanitarian and project assistance to the West Bank 
and Gaza. First, section 21004(a) places a limitation of 
$119,000,000 on the amount of funds appropriated under the 
``Migration and Refugee Assistance'' heading in this chapter 
that may be made available to UNRWA for the West Bank and Gaza. 
Second, section 21004(b) requires the Secretary of State to 
prepare and submit an UNRWA accountability report to the 
Committees on Appropriations. Finally, section 21004(c) 
transfers $1,000,000 of the funds made available under the 
``Economic Support Fund'' heading to the Inspector General of 
the Department of State and Broadcasting Board of Governors for 
oversight of the funds made available to the West Bank and Gaza 
and the surrounding region.

                     WOMEN AND GIRLS IN AFGHANISTAN

    Section 21005 sets terms and conditions for assistance for 
Afghanistan related to women and girls.

                                SOMALIA

    Section 21006 establishes funding levels for Somalia and 
requires a report on maritime security. The Committee notes 
that the Gulf of Aden is one of the world's busiest shipping 
lanes, with an estimated 20,000 ships passing through its 
waters annually. This fact, combined with a failed state in 
Somalia, make the waters of the Gulf prone to pirate attacks. 
It is critical that this issue be addressed by providing 
greater security in the sea as well as securing peace and 
stability in Somalia. The Committee recommendation includes 
$70,000,000 under the ``Peacekeeping Operations'' heading for 
support for the AMISOM mission and includes $10,000,000 under 
the ``Economic Support Fund'' heading for Somalia for economic 
growth and governance programs. In addition, the Committee has 
directed the Department of State to provide a report on the 
feasibility of creating an indigenous maritime capability to 
combat piracy in the Gulf of Aden and the Indian Ocean in bill 
language.

 ASSISTANCE FOR DEVELOPING COUNTRIES IMPACTED BY THE GLOBAL FINANCIAL 
                                 CRISIS

                     (INCLUDING TRANSFER OF FUNDS)

    Section 21007 sets country eligibility criteria for funds 
provided under the ``Economic Support Fund'' heading for 
countries impacted by the global financial crisis and provides 
transfer authority.

         EVALUATING AFGHAN AND PAKISTANI CONDUCT AND COMMITMENT

    Section 21008 requires that the President report to 
Congress on whether the Governments of Afghanistan and Pakistan 
are demonstrating the necessary commitment, capability, conduct 
and unity of purpose to warrant the continuation of the 
President's policy announced on March 27, 2009.

                   PROHIBITION ON ASSISTANCE TO HAMAS

    Section 21009 prohibits assistance to Hamas or any entity 
controlled by Hamas but does allow assistance to be provided 
for a power-sharing government if the President certifies that 
such government, including all of its ministers or other 
officials of such equivalent rank and stature, have publicly 
accepted and are complying with Section 620K(b)(1)(A) and (B) 
of the Foreign Assistance Act of 1961, as amended. The 
Committee believes that a public acceptance should be an 
acceptance in writing by such government and its ministers. The 
section also establishes certain reporting requirements on the 
Secretary of State, in the event the President issues the 
certification described in subsection 21009(b).

                          TERMS AND CONDITIONS

    Section 21010 establishes that unless designated otherwise 
in this chapter, the terms and conditions contained in the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111-8) shall 
apply to funds appropriated by this chapter, except sections 
7070(e), with respect to funds made available for macroeconomic 
growth assistance for Zimbabwe, and 7042(a) and (c).

                TITLE III--GENERAL PROVISIONS, THIS ACT

    The Committee recommendation includes the following bill-
wide general provisions:
    Section 30001 requires the President to submit a plan 
regarding the proposed disposition of detention facilities at 
U.S. Naval Station, Guantanamo Bay, Cuba.
    Section 30002 establishes the period of availability for 
obligation of appropriations provided in this Act.
    Section 30003 designates appropriations in the bill as 
being either for overseas deployments and other activities or 
as emergency, pursuant to the concurrent resolution on the 
budget for fiscal year 2010.
    Section 30004 provides that this Act may be referred to as 
the ``Supplemental Appropriations Act, 2009''.

                  INFORMATION REQUIRED BY HOUSE RULES


               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill that directly or indirectly change the 
application of existing law:
    The bill includes several appropriations that are not 
authorized by law and as such may be construed as legislative 
in nature.
    The bill includes provisions which place limitations on the 
use of funds in the bill or change existing limitations and 
which might under some circumstances be construed as changing 
the application of existing law.

                                TITLE I

    Language is included that provides for the transfer of 
funds under the heading ``Operation and Maintenance, Navy'' to 
be transferred to the United States Coast Guard.
    Language is included under ``Operation and Maintenance, 
Defense-Wide'' which makes available not to exceed $10,000,000 
that may be used for the Combatant Commanders Initiative Fund; 
provides $810,000,000, to remain available until expended, for 
payments to certain governments for logistical and other 
military support to United States military operations; provides 
that such payments shall be based on certain documentation; and 
requires notification of the congressional defense committees; 
provides $10,000,000 for emergencies and extraordinary expenses 
provided that the Secretary certifies that such payments are 
necessary for confidential military purposes; and provides 
$350,000,000 for counter narcotics and other activities 
including assistance to other Federal agencies on the United 
States' border with Mexico, including authority to transfer up 
to $100,000,000 to other Federal appropriations accounts.
    Language has been included under ``Iraq Freedom Fund'' that 
provides up to $350,000,000 to remain available for transfer 
until September 30, 2010 for rapid response to unforeseen, 
immediate warfighter needs for Iraq, Afghanistan, and other 
geographic areas in which combat or direct combat support 
operations for Iraq and Afghanistan occur in order to minimize 
casualties and ensure mission success for Operation Iraqi 
Freedom and Operation Enduring Freedom; provides that such 
funds may be transferred to various appropriations; provides 
for the authority to transfer funds back to the fund; provides 
that the transfer authority is in addition to any other 
transfer authority; provides up to $15,000,000 to transport the 
remains of service members killed in combat operations; 
provides that these funds are available for transfer to any 
other appropriations account of the Department of Defense to 
accomplish that purpose; provides for the authority to transfer 
funds back to the fund; and provides that the transfer 
authority is in addition to any other transfer authority.
    Language is included under ``Afghanistan Security Forces 
Fund'' that provides $3,606,939,000 to remain available until 
September 30, 2010; and provides for notifications to Congress 
of any transfer or obligation of these funds.
    Language is included that establishes the Pakistan 
Counterinsurgency Fund and provides $400,000,000 to the 
Secretary of Defense to provide assistance to the security 
forces of Pakistan (including the provision of equipment, 
supplies, services, training, facility and infrastructure 
repair, renovation, and construction) to improve the 
counterinsurgency capability of Pakistan's security forces.
    Language is included that provides $500,000,000 for the 
National Guard and Reserve Equipment Account.
    Language is included that provides $4,843,000,000 to the 
``Mine Resistant Ambush Protected Vehicle Fund'' established in 
Public Law 110-116.
    Language is included that provides that the funds made 
available in this title are in addition to the amounts 
appropriated or otherwise made available for the Department of 
Defense for fiscal year 2009.
    Language is included that provides transfer authority for 
funds made available in this Act for the Department of Defense.
    Language is included that provides for the obligation of 
funds pursuant to section 504(a)(1) of the National Security 
Act of 1947 (50 U.S.C. 414(a)(1)).
    Language is included that provides in fiscal year 2009, the 
Secretary of Defense may transfer amounts in or credited to the 
Defense Cooperation Account; provides the availability of such 
funds; and requires a report to the Congress of such transfers 
made pursuant to any transfer.
    Language is included that permits supervision and 
administrative costs associated with a construction project 
funded with appropriations available for operation and 
maintenance and executed in direct support of the overseas 
contingency operations only in Iraq and Afghanistan may be 
obligated at the time a construction contract is awarded.
    Language is included that provides for rescissions from 
certain programs.
    Language is included that provides for two year period of 
availability for the Iraq Security Forces Fund and the 
Afghanistan Security Forces Fund; and provides funds may not be 
obligated or transferred from those funds until fifteen days 
after the date on which the Secretary of Defense notifies 
congressional defense committees in writing of the details of 
the proposed obligation or transfer.
    Language is included that provides the authority to use 
operation and maintenance appropriations to purchase items 
having an investment item unit cost of not more than $250,000, 
or upon determination by the Secretary of Defense that the 
operational requirements of a Commander of a Combatant Command 
engaged in contingency operations overseas can be met, funds 
may be used to purchase items having an investment item unit 
cost of not more than $500,000.
    Language is included that authorizes the Secretary of 
Defense to accept contributions of funds from any person, 
foreign government, or international organization to carry out 
the Commander's Emergency Response Program in Iraq or 
Afghanistan.
    Language is included that provides funds for the military 
spouse career transition assistance internship program.
    Language is included that provides the authority for an Air 
Safety System for the Kyrgyz Republic.
    Language is included that provides for the procurement of 
passenger motor vehicles for use by military and civilian 
employees of the Department of Defense in Iraq and Afghanistan.
    Language is included that provides for the transfer of 
funds between procurement and military personnel accounts.
    Language is included that provides for retroactive Stop 
Loss payments.
    Language is included that allows for retirement of certain 
aircraft.
    Language is included that prohibits paying award fees 
contrary to Section 814 of the National Defense Authorization 
Act, 2007.
    Language is included that prohibits the Department of 
Defense from using funds provided in this title to finance 
programs or activities denied by Congress in fiscal years 2008 
or 2009 appropriations or to initiate a procurement or 
research, development, test and evaluation new start program 
without prior written notification to the congressional defense 
committees.
    Language is included that prohibits the establishment of 
permanent bases in Iraq and prohibits United States control 
over Iraqi oil resources.
    Language is included that prohibits the establishment of 
permanent bases in Afghanistan.
    Language is included that requires the Secretary of Defense 
to report on the Iraq troop drawdown status, the troop draw 
down goals, and the drawdown timetables quarterly to the 
Committees on Appropriations of both the House of 
Representatives and the Senate.

                                TITLE II

    Language is included to allow funds previously appropriated 
to the emergency conservation program to be available for 
expenses related to recovery efforts in response to natural 
disasters.
    Language is included to provide additional loan authority 
under the agricultural credit insurance fund program.
    Language is included under ``Strategic Petroleum Reserve'' 
providing for the transfer of funds from the SPR Petroleum 
Account to the Strategic Petroleum Reserve account for purposes 
of facilities development, operations and maintenance and 
management activities associated with deferred maintenance.
    Language is included that permits the Administrator of the 
United States Fire Administration to waive certain subsections 
of the Federal firefighter hiring program, commonly called 
``SAFER'', in fiscal years 2009 and 2010, which will expand the 
use of SAFER funds to rehiring and retaining firefighters.
    Language is included that provides a waiver to the Jones 
Act for the drydock ALABAMA.
    Language is included that provides a waiver to the Jones 
Act for the vessel MARYLAND INDEPENDENCE.
    Language is included under the Public Health and Social 
Services Emergency Fund stating that, notwithstanding section 
496(b) of the Public Health Service Act, funds provided may be 
used for the construction or renovation of privately owned 
facilities for the production of pandemic flu vaccine and other 
biologics, where the Secretary of HHS finds such a contract 
necessary to secure sufficient supplies of such vaccines or 
biologics.
    In various places in Chapter 10, the Committee 
recommendation continues the prior year practice of designating 
amounts within appropriation accounts for assistance for 
certain countries and/or for particular activities and 
programs.
    Language is included under ``Diplomatic and Consular 
Programs'' designating funding for Worldwide Security 
Protection and authorizing certain transfers to other Federal 
departments or agencies.
    Language is included under ``Office of Inspector General'' 
designating funding and transfer authority, extending special 
hiring authority to the Special Inspector General for 
Afghanistan Reconstruction, providing for coordination of 
oversight programs of various Inspectors General in Pakistan, 
Iraq and Afghanistan, and requiring the submission to the 
Committees on Appropriations of the Middle East and South Asia 
audit plan pursuant to section 842 of P.L. 110-181.
    Language is included under ``Embassy Security, 
Construction, and Maintenance'' designating funding for secure 
facilities and housing in Afghanistan and Pakistan, and for 
mobile mail screening units.
    Language is included under ``Operating Expenses'' for the 
United States Agency for International Development designating 
funding for oversight programs in Afghanistan and Pakistan.
    Language is included under ``Economic Support Fund'' 
designating funding levels for certain programs and countries; 
providing transfer authority of funds available for West Bank 
and Gaza; setting a funding ceiling on cash transfer assistance 
to the Palestinian Authority; and providing notwithstanding 
authority for certain humanitarian assistance inside Burma to 
those affected by Cyclone Nargis.
    Language is included under ``Assistance for Europe, Eurasia 
and Central Asia'' requiring prior consultation before the 
funds made available may be obligated.
    Language is included under ``International Narcotics 
Control and Law Enforcement'' providing notwithstanding 
authority from certain reporting requirements; reducing the 
regular notification requirement to 5 days and requiring prior 
consultation before obligating funding in the chapter for 
Mexico; and requiring a report on use of assistance for 
training Palestinian security forces.
    Language is included under ``Nonproliferation, Anti-
terrorism, Demining, and Related Programs'' allowing funding 
for the Nonproliferation and Disarmament Fund to be used for 
weapons destruction and includes a prior consultation provision 
on the use of funds.
    Language is included under ``Foreign Military Financing 
Program'' providing notwithstanding authority from certain 
reporting and notification requirements for assistance in the 
chapter for Mexico; and requiring a report on the eligibility 
of Lebanon's security forces to receive equipment and training.
    Language has been included for ``Department of State--
International Security Assistance'' creating a new 
appropriations account, ``Pakistan Counterinsurgency Capability 
Fund'', which provides $400,000,000, to become available on 
September 30, 2009, to build and maintain the counterinsurgency 
capability of Pakistani security forces.
    Language is included similar to that carried in prior 
years, waiving prior authorization requirements for the 
expenditure of funds by the Department of State.
    Language is included in chapter 10 similar to that carried 
in prior years, regarding certain funding allocations specified 
in the report accompanying this Act.
    Language is included setting a limitation on funding 
available in the Act for UNWRA, requiring the Secretary of 
State to submit a report regarding UNWRA accountability, and 
transferring funds to the Office of Inspector General of the 
Department of State for oversight of programs and activities in 
the West Bank and Gaza.
    Language is included requiring the Secretary of State to 
report on the feasibility of creating an indigenous maritime 
capability off the coast of the Horn of Africa to combat 
piracy.
    Language is included establishing criteria for the 
provision of assistance to countries impacted by the global 
financial crisis and allowing for certain transfers of funds.
    Language is included making certain findings regarding 
conditions in Afghanistan and Pakistan and requiring the 
submission of a report to the Committees on Appropriations.
    Language is included prohibiting assistance to Hamas and 
conditioning assistance to a power sharing government that 
complies with section 620K(b)(1)(A) & (B) and establishing 
certain Secretary of State reporting requirements.
    Language is included stating that the terms and conditions 
of division H of Public Law 111-8 shall apply to the funds made 
available in chapter 10, unless otherwise specified.

                               TITLE III

    Language is included that requires the President to submit 
a plan regarding the proposed disposition of the detention 
facilities at U.S. Naval Station, Guantanamo Bay, Cuba.
    Language is included in various accounts that provides for 
the availability of certain funds for a period in excess of one 
year.
    Language is included designating certain funds as being for 
overseas deployments and other activities pursuant to the 
FY2010 concurrent resolution on the budget that may be 
construed as legislative in nature.
    Language is included designating certain funds as necessary 
to meet emergency needs pursuant to the FY2010 concurrent 
resolution on the budget that may be construed as legislative 
in nature.

                           Transfer of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following is submitted describing 
the transfer of funds provided in the accompanying bill:

                                TITLE I

    Language has been included in ``Operation and Maintenance, 
Navy'' which provides for the transfer of funds to the Coast 
Guard.
    Language has been included in ``Operation and Maintenance, 
Defense-Wide'' which provides for reimbursement to Pakistan, 
Jordan and other key cooperating nations, and to other Federal 
departments or agencies for border-related activities.
    Language has been included in ``Iraq Freedom Fund'' which 
provides for the transfer of funds to other appropriations 
accounts of the Department of Defense for immediate warfighter 
needs to minimize casualties, and to transfer remains of 
deceased service members.
    Language has been included in ``Afghanistan Security Forces 
Fund'' which provides for the transfer of funds for the 
purposes of providing assistance to the security forces of 
Afghanistan.
    Language has been included in ``Pakistan Counterinsurgency 
Fund'' which provides for the transfer of funds for the purpose 
of providing assistance to the security forces of Pakistan.
    Language has been included in ``Drug Interdiction and 
Counter-Drug Activities'' which provides for the transfer of 
funds to other appropriation accounts of the Department of 
Defense for military personnel of the reserve components, for 
operations and maintenance, procurement, and for research, 
development, test and evaluation.
    Language has been included in ``Mine Resistant Ambush 
Protected Vehicle Fund'' which provides for the transfer of 
funds to procure, sustain, transport, and field Mine Resistant 
Ambush Protected vehicles.
    Language has been included in ``General Provisions,'' which 
provides a specified amount of transfer authority for funds 
made available in title I.
    Language has been included in ``General Provisions,'' which 
provides for the transfer of limited funds from the Defense 
Cooperation Account.
    Language has been included in ``General Provisions,'' which 
provides for the transfer of funds from ``Operation and 
Maintenance, Defense-Wide'' to the U.S. Department of State for 
air traffic control in the Kyrgyz Republic.
    Language has been included in ``General Provisions,'' which 
provides for the transfer of funds from various Army 
procurement accounts to Army, Army Reserve, and Army National 
Guard personnel accounts.
    Language has been included in ``General Provisions,'' which 
provides for retroactive Stop Loss payments.

                                TITLE II

    Language is included under ``Strategic Petroleum Reserve'' 
authorizing the transfer of $21,585,723 from the ``SPR 
Petroleum Account'' to the ``Strategic Petroleum Reserve'' 
account.
    Language is in included under ``Department of the Interior, 
Department-Wide Programs, Wildland Fire Management'' 
authorizing the transfer of up to $50,000,000 to ``Department 
of Agriculture, Forest Service, Wildland Fire Management''.
    Language is included under ``Department of Agriculture, 
Forest Service, Wildland Fire Management'' authorizing the 
transfer not more than $50,000,000 to ``Department of the 
Interior, Department-Wide Programs, Wildland Fire Management''.
    Language is included under the Public Health and Social 
Services Emergency Fund transferring no less than $350,000,000 
to the Centers for Disease Control and Prevention.
    Language is included under the Public Health and Social 
Services Emergency Fund permitting the transfer of funds not 
specifically designated to other appropriation accounts of the 
Department of Health and Human Services and to other Federal 
agencies to be used for the pandemic influenza preparedness and 
response and to the fund authorized by section 319F-2 of the 
Public Health Service Act.
    Language is included under Diplomatic and Consular Programs 
authorizing the transfer of up to $157,600,000 to other 
appropriations of federal departments or agencies for 
operations in and assistance for civilian staff in Afghanistan.
    Language is included under Diplomatic and Consular Programs 
authorizing the transfer of $10,900,000 to International 
Broadcasting Operations.
    Language is included under Department of State, Office of 
Inspector General authorizing the transfer of $7,201,000 to the 
Special Inspector General for Afghanistan Reconstruction.
    Language is included under Economic Support Fund 
authorizing the transfer of $2,000,000 to United States Agency 
for International Development, Office of Inspector General.
    Language is included under a new heading, Pakistan 
Counterinsurgency Capability Fund, authorizing the transfer of 
an unspecified amount to the Department of Defense or other 
Federal departments or agencies.
    Language is included under the General Provisions 
authorizing the transfer of up to $29,000,000 from Economic 
Support Fund to Development Credit Authority.
    Language is included under the General Provisions 
authorizing the transfer of up to $20,000,000 from Economic 
Support Fund to Overseas Private Investment Corporation Program 
Account.

                              Rescissions

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

                   RESCISSIONS RECOMMENDED IN THE BILL

        Department/Activity                                  Rescissions
Department of Defense, Iraq Security Forces Fund........  $1,000,000,000
Department of Defense, Afghanistan Security Forces Fund.     125,000,000
Department of Defense, Research, Development, Test and 
    Evaluation, Navy, 2008/2009.........................       5,000,000
Department of Defense, Operation and Maintenance, Army, 
    2009................................................     352,359,000
Department of Defense, Operation and Maintenance, Navy, 
    2009................................................     881,481,000
Department of Defense, Operation and Maintenance, Marine 
    Corps, 2009.........................................      54,466,000
Department of Defense, Operation and Maintenance, Air 
    Force, 2009.........................................     925,203,000
Department of Defense, Operation and Maintenance, 
    Defense-Wide, 2009..................................     267,635,000
Department of Defense, Operation and Maintenance, Army 
    Reserve, 2009.......................................      23,338,000
Department of Defense, Operation and Maintenance, Navy 
    Reserve, 2009.......................................      62,910,000
Department of Defense, Operation and Maintenance, Marine 
    Corps Reserve, 2009.................................       1,250,000
Department of Defense, Operation and Maintenance, Air 
    Force Reserve, 2009.................................     163,786,000
Department of Defense, Operation and Maintenance, Army 
    National Guard, 2009................................      57,819,000
Department of Defense, Operation and Maintenance, Air 
    National Guard, 2009................................     250,645,000
Department of Defense, Research, Development, Test and 
    Evaluation, Navy, 2009/2010.........................      30,510,000
Department of Defense, Research, Development, Test and 
    Evaluation, Air Force, 2009/2010....................     115,098,000
Department of Agriculture, unobligated balances from the 
    Rural Development mission area discretionary 
    programs............................................      71,270,000
Department of Justice, unobligated balances from the 
    Office of Inspector General.........................       3,000,000
Department of Defense, for Military Construction, Army, 
    in Public Law 110-252...............................     142,500,000
Department of Defense, appropriated for Military 
    Construction, Air Force, in Public Law 110-252......      30,000,000

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law:

                                             [Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
                                                                                 Appropriations
               Agency/program                   Last year of    Authorization   in last year of   Apropriations
                                               authorization        level        authorization     in this bill
----------------------------------------------------------------------------------------------------------------
                                              DEPARTMENT OF DEFENSE

Military Personnel, Army....................             2009            (\1\)      $36,382,736      $10,924,641
Military Personnel, Navy....................             2009            (\1\)       24,037,553        1,716,827
Military Personnel, Marine Corps............             2009            (\1\)       11,792,974        1,577,850
Military Personnel, Air Force...............             2009            (\1\)       25,103,789        1,783,208
Reserve Personnel, Army.....................             2009            (\1\)        3,904,296          381,155
Reserve Personnel, Navy.....................             2009            (\1\)        1,855,968           39,478
Reserve Personnel, Marine Corps.............             2009            (\1\)          584,910           29,179
Reserve Personnel, Air Force................             2009            (\1\)        1,423,676           16,943
National Guard Personnel, Army..............             2009            (\1\)        6,616,220        1,373,273
National Guard Personnel, Air Force.........             2009            (\1\)        2,741,768          101,360
Operation and Maintenance, Army.............             2009      $31,251,702       31,207,243       14,024,703
Operation and Maintenance, Navy.............             2009       34,850,310       34,410,773        2,367,959
Operation and Maintenance, Marine Corps.....             2009        5,604,254        5,519,232        1,084,081
Operation and Maintenance, Air Force........             2009       35,454,487       34,865,964        6,216,729
Operation and Maintenance, Defense-Wide.....             2009       25,948,864       25,939,466        5,353,701
Operation and Maintenance, Army Reserve.....             2009        2,642,341        2,628,896          101,317
Operation and Maintenance, Navy Reserve.....             2009        1,311,085        1,308,141           24,318
Operation and Maintenance, Marine Corps                  2009          213,131          212,487           30,775
 Reserve....................................
Operation and Maintenance, Air Force Reserve             2009        3,150,692        3,018,151           34,599
Operation and Maintenance, Army National                 2009        5,893,546        5,858,303          178,446
 Guard......................................
Iraq Freedom Fund...........................             2008  ...............  ...............          365,000
Afghanistan Security Forces Fund............             2009        2,000,000        2,000,000        3,606,939
Pakistan Counterinsurgency Fund.............             None              N/A              N/A          400,000
Aircraft Procurement, Army..................             2009        4,848,835        4,900,835        1,285,304
Missile Procurement, Army...................             2009        2,207,460        2,185,060          677,141
Procurement of Weapons and Tracked Combat                2009        3,516,398        3,169,128        2,233,871
 Vehicles, Army.............................
Procurement of Ammunition, Army.............             2009        2,280,791        2,287,398          230,075
Other Procurement, Army.....................             2009       11,143,076       10,684,014        8,039,349
Aircraft Procurement, Navy..................             2009       14,557,874       14,141,318          691,924
Weapons Procurement, Navy...................             2009        3,553,282         3,29Z972           31,698
Procurement of Ammunition, Navy and Marine               2009        1,110,012        1,085,158          348,919
 Corps......................................
Other Procurement, Navy.....................             2009        5,463,565        5,250,627          172,095
Procurement, Marine Corps...................             2009        1,486,189        1,376,917        1,509,986
Aircraft Procurement, Air Force.............             2009       12,826,858       13,112,617        5,138,268
Missile Procurement, Air Force..............             2009        5,496,219        5,442,428           57,416
Procurement of Ammunition, Air Force........             2009          911,278          859,466          183,684
Other Procurement, Air Force................             2009       16,087,887       16,025,569        1,745,761
Procurement, Defense-Wide...................             2009        3,382,628        3,306,269          200,068
National Guard & Reserve Equipment Account..             2009          800,000          750,000          500,000
Research, Development, Test and Evaluation,              2009       10,943,840       12,060,111           73,734
 Army.......................................
Research, Development, Test and Evaluation,              2009       19,345,603       19,764,276           96,231
 Navy.......................................
Research, Development, Test and Evaluation,              2009       26,289,508       27,084,340           92,574
 Air Force..................................
Research, Development, Test and Evaluation,              2009       20,942,729       21,423,338          459,391
 Defense-Wide...............................
Defense Working Capital Fund................             2009          198,150  ...............          846,726
Defense Health Program, Operation and                    2009       24,966,917       25,825,832        1,097,297
 Maintenance................................
Drug Interdiction and Counter-Drug                       2009        1,060,463        1,096,743          137,198
 Activities, Defense........................
Joint Improvised Explosive Device Defeat                 2009          200,000  ...............        1,316,746
 Fund.......................................
Mine Resistant Ambush Protection Vehicle                 2009  ...............  ...............        4,843,000
 Fund.......................................
Office of the Inspector General.............             2009          273,845          271,845            9,551

                                              DEPARTMENT OF JUSTICE

Department of Justice, National Security                 None              N/A              N/A        1,389,000
 Division, Salaries and Expenses............

                                              DEPARTMENT OF ENERGY

Department of Energy, Strategic Petroleum                None              N/A              N/A       21,585,723
 Reserve....................................
National Nuclear Security Administration,                2009    1,895,261,000    1,969,358,000       55,000,000
 Nonproliferation...........................

                                              DEPARTMENT OF DEFENSE

Military Construction, Army.................             2009        5,060,698        4,872,648        1,407,231
Military Construction, Navy and Marine Corps             2009        3,340,169        3,613,369          235,881
Military Construction, Air Force............             2009        1,117,746        1,297,746          279,120
Military Construction, Defense-Wide.........             2009        1,584,469        3,145,204        1,086,968
NATO Security Investment Program............             2009          230,867          230,867          100,000
Base Realignment and Closure, 2005..........             2009        9,065,386        8,765,613          263,300

Department of State/Administration of                    2003    5,290,390,000    5,874,914,000    2,022,966,000
 Foreign Affairs............................
Department of State/International                        2003    1,529,702,000    1,672,000,000      836,900,000
 Organizations..............................
Operating Expenses of the United States                  1987      387,000,000      340,600,000      152,600,000
 Agency for International Development.......
Capital Investment Fund.....................             None              N/A              N/A       48,500,000
Operating Expenses of the United States                  1987      $21,750,000      $21,000,000        3,500,000
 Agency for International Development--
 Inspector General..........................
Global Health and Child Survival (see note         Population       Population       Population      200,000,000
 below).....................................   (1987); Health  ($290,000,000);  ($234,625,000);
                                                  and Disease       Health and       Health and
                                                   Prevention          Disease          Disease
                                                (1987); Child       Prevention       Prevention
                                                Survival Fund  ($180,000,000);  ($166,762,000);
                                                       (1987)   Child Survival   Child Survival
                                                                          Fund             Fund
International Disaster Assistance (see note              1987       25,000,000       70,000,000      200,000,000
 below).....................................
Development Credit Authority................             None              N/A              N/A   29,000,000 (by
                                                                                                       transfer)
Development Credit Authority--administrative             None              N/A              N/A        1,500,000
 expenses...................................
Economic Support Fund.......................             1987    3,800,000,000    3,555,000,000    3,307,500,000
Assistance for Eastern Europe, Eurasia and               1993      410,000,000      417,000,000      242,500,000
 Central Asia (see note below)..............
International Narcotics Control and Law                  1994      171,500,000      100,000,000      483,500,000
 Enforcement................................
Nonproliferation, Anti-terrorism, Demining               2003          226,200              N/A       98,500,000
 and Related Programs (see note below)......
Migration and Refugee Assistance............             2003      820,000,000      543,000,000      823,900,000
Peacekeeping Operations.....................             1999       83,000,000       76,500,000       80,000,000
International Military Education and                     2003       85,000,000       79,480,000        2,000,000
 Training...................................
Foreign Military Financing..................             2003    4,107,000,000    6,104,632,000    1,349,000,000
Pakistan Counterinsurgency Capability Fund..             None              N/A              N/A      400,000,000
----------------------------------------------------------------------------------------------------------------
\1\The FY2009 National Defense Authorization Act authorizes $124,791,336,000 for military personnel.

Note: The bill includes several transfers of funds which may or may not be specifically authorized in law.
Note: Programs recommended herein under ``Global Health and Child Survival'' were last authorized under a
  different account structure than that recommended in this bill; the account structure included a number of
  functional accounts, as described above. Microenterprise programs were reauthorized in 2004, covering the
  period through 2009.
Note: Programs recommended herein under ``International Disaster Assistance'' account was formerly called the
  ``International Disaster and Famine Assistance'' account and was last authorized under that account name.
Note: Programs recommended herein under ``Assistance for Eastern Europe, Eurasia, and Central Asia'' are a
  combination of the programs previously funded under the headings ``Assistance for Eastern Europe and the
  Baltic States'' and ``Assistance for the Independent States of the Former Soviet Union''. The programs of the
  former ``Assistance for Eastern Europe and the Baltic States'' account were last authorized in the Support for
  East European Democracy (SEED) Act of 1989; however, these funds were authorized for discrete programs and not
  for the account as a whole. In fiscal year 1991, the first general appropriations act after enactment of the
  SEED Act included $369,675,000 for this account.
Note: Programs recommended herein under ``Nonproliferation, Anti-terrorism, Demining, and Related Programs''
  include some major programs for which authorizations of appropriations were provided for fiscal year 2002;
  these programs include $73,000,000 authorized for antiterrorism assistance and $142,000,000 authorized for
  nonproliferation activities. In addition, some programs now in this account were previously in accounts which
  had authorizations of appropriations in prior years.

                 COMPARISON WITH THE BUDGET RESOLUTION

    Section 308(a)(1)(A) of the Congressional Budget Act 
requires the report accompanying a bill providing new budget 
authority to contain a statement comparing the levels in the 
bill to the sub-allocations submitted under section 302(b) of 
the Act for the most recently agreed to concurrent resolution 
on the budget for the applicable fiscal year. That information 
is provided in the following table headed ``Comparison of 
Reported Bill to Section 302(b) Sub-Allocations''.
    All appropriations in this bill are designated either as 
being for overseas deployments and other activities under 
section 423(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for FY2010, or as necessary 
to meet emergency needs under section 423(b) of the budget 
resolution.
    Up to $90.475 billion in appropriations designated under 
423(a) for overseas deployments and other activities is counted 
for the purposes of section 302 of the Budget Act, with a 
mechanism in place for the Budget Committee to make an 
offsetting adjustment to those allocations. Anything above the 
$90.475 billion cap does not count for the purposes of section 
302. Pursuant to section 423(b), amounts designated as 
emergency (all appropriations in chapters 6, 7, and 8) also do 
not count against section 302 allocations.

                                                                  COMPARISON OF REPORTED BILL TO SECTION 302(b) SUBALLOCATIONS
                                                                                    [in millions of dollars]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     This Bill plus            Amounts in bill           Amounts in bill           This bill plus            Section 302(b)
                                                                   previously enacted      designated as overseas    designated as emergency     previously enacted          allocations\3\
                                                                       amounts\1\             deployments (Sec.      needs (Sec. 423(b))\2\      amounts, less Sec.    -------------------------
                         Subcommittee                          --------------------------          423(a))         --------------------------  423(a) and Sec. 423(b)
                                                                                         --------------------------                          --------------------------      BA        Outlays
                                                                     BA        Outlays         BA        Outlays         BA        Outlays         BA        Outlays
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Agriculture...................................................       20,956       21,682          571          156          -71           -4       20,456       21,530       20,623       22,000
Commerce, Justice, Science....................................       57,669       57,376           20            6           -3           -2       57,652       57,372       56,858       57,000
Defense.......................................................      569,037      549,994       85,767       25,210       -1,125         -355      484,395      525,139      487,737      525,250
Energy and Water Development..................................       33,316       32,384           77           14            0            0       33,239       32,270       33,265       32,825
Financial Services............................................       22,700       22,890            3            0            0            0       22,697       22,890       21,900       22,900
Interior/Environment..........................................       27,829       28,879            0            0          250          220       27,579       28,659       27,867       28,630
Labor, HHS, Education.........................................      154,105      152,317            0            0        1,850          559      152,255      151,758      152,643      152,000
Legislative...................................................        4,474        4,334            0            0           72            4        4,402        4,330        4,404        4,340
Military Construction/Veterans................................       76,063       66,906        3,373           25         -173            0       72,863       66,881       72,729       66,890
State/Foreign Operations......................................       46,090       38,171        9,470        1,929            0            0       36,620       36,242       36,620       36,000
                                                               ---------------------------------------------------------------------------------------------------------------------------------
      Toal Discretionary......................................    1,012,239      974,833       99,281       27,340          800          422      912,158      947,071      914,646      947,835
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Previously enacted amounts excludes amounts designated as emergencies under section 301(b)(2) of the FY 2009 concurrent budget resolution (S. Con. Res. 70). These amounts do not count
  against the section 302(b) allocations.
\2\Sections 423(a) and 423(b) of the FY 2010 concurrent budget resolution (S. Con. Res. 13). These amounts do not count against the section 302(b) allocations.
\3\As approved by the Committee on Appropriations on July 8, 2008.

                      Five-Year Outlay Projections

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget Act, the following table contains five-
year projections associated with the budget authority provided 
in the accompanying bill:

                                                                Millions
Budget Authority, 2009..................................         $96,717
Outlays:
    2009................................................          27,621
    2010................................................          36,129
    2011................................................          19,969
    2012................................................           8,216
    2013 and future years...............................           4,399

               Assistance to State and Local Governments

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget Act, the financial assistance to State and 
local governments is as follows:

                                                                Millions
Budget Authority........................................            $660
Fiscal Year 2009 outlays resulting therefrom............             197

                        Constitutional Authority

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the following statement cites the 
specific powers granted in the Constitution to enact the law 
proposed by this bill:
    The Committee on Appropriations bases its authority to 
report this legislation from Clause 7 of Section 9 of Article I 
of the Constitution of the United States of America which 
states:

          No money shall be drawn from the Treasury but in 
        consequence of Appropriations made by law . . .

    Appropriations contained in this Act are made pursuant to 
this specific power granted by the Constitution.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:

          The Committee on Appropriations considers program 
        performance, including a program's success in 
        developing and attaining outcome-related goals and 
        objectives, in developing funding recommendations.

                         DISCLOSURE OF EARMARKS

    The following table is submitted in compliance with clause 
9 of rule XXI, and lists the congressional earmarks (as defined 
in paragraph (e) of clause 9) contained in the bill or in this 
report. Neither the bill nor the report contain any limited tax 
benefits or limited tariff benefits as defined in paragraphs 
(f) or (g) of clause 9 of rule XXI.

                                         TITLE II--MILITARY CONSTRUCTION, FOREIGN OPERATIONS, AND OTHER MATTERS
--------------------------------------------------------------------------------------------------------------------------------------------------------
             Agency                          Account                               Project                     Amount                Requester
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard                      General Provision                Concerning a certificate of                             Bonner, Jo
                                                                   documentation for the Drydock Alabama
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coast Guard                      General Provision                Concerning a certificate of                             Ruppersberger, C.A. Dutch
                                                                   documentation for the vessel Maryland
                                                                   Independence
--------------------------------------------------------------------------------------------------------------------------------------------------------

          Compliance With Rule XIII, CL. 3(e) (Ramseyer Rule)

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

 SECTION 132 OF THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 
                                  2004

[SEC. 132. LIMITATION ON RETIRING C-5 AIRCRAFT.

  [(a) Limitation.--The Secretary of the Air Force may not 
proceed with a decision to retire C-5A aircraft from the active 
inventory of the Air Force in any number that would reduce the 
total number of such aircraft in the active inventory below 112 
until--
          [(1) the Air Force has modified a C-5A aircraft to 
        the configuration referred to as the Reliability 
        Enhancement and Reengining Program (RERP) 
        configuration, as planned under the C-5 System 
        Development and Demonstration program as of May 1, 
        2003; and
          [(2) the Director of Operational Test and Evaluation 
        of the Department of Defense--
                  [(A) conducts an operational evaluation of 
                that aircraft, as so modified; and
                  [(B) provides to the Secretary of Defense and 
                the congressional defense committees an 
                operational assessment.
  [(b) Operational Evaluation.--An operational evaluation for 
purposes of paragraph (2)(A) of subsection (a) is an 
evaluation, conducted during operational testing and evaluation 
of the aircraft, as so modified, of the performance of the 
aircraft with respect to reliability, maintainability, and 
availability and with respect to critical operational issues.
  [(c) Operational Assessment.--An operational assessment for 
purposes of paragraph (2)(B) of subsection (a) is an 
operational assessment of the program to modify C-5A aircraft 
to the configuration referred to in subsection (a)(1) regarding 
both overall suitability and deficiencies of the program to 
improve performance of the C-5A aircraft relative to 
requirements and specifications for reliability, 
maintainability, and availability of that aircraft as in effect 
on May 1, 2003.]
                              ----------                              


           DIVISION F OF THE OMNIBUS APPROPRIATIONS ACT, 2009

   DIVISION F--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2009

           *       *       *       *       *       *       *


                                TITLE II

DEPARTMENT OF HEALTH AND HUMAN SERVICES

           *       *       *       *       *       *       *


Administration for Children and Families

           *       *       *       *       *       *       *


                children and families services programs

  For carrying out, except as otherwise provided, the Runaway 
and Homeless Youth Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, the Head Start Act, the 
Child Abuse Prevention and Treatment Act, sections 310 and 316 
of the Family Violence Prevention and Services Act, the Native 
American Programs Act of 1974, title II of the Child Abuse 
Prevention and Treatment and Adoption Reform Act of 1978 
(adoption opportunities), sections 330F and 330G of the Public 
Health Service Act (``PHS Act''), the Abandoned Infants 
Assistance Act of 1988, sections 261 and 291 of the Help 
America Vote Act of 2002, part B-1 of title IV and sections 
413, 1110, and 1115 of the Social Security Act; for making 
payments under the Community Services Block Grant Act (``CSBG 
Act''), sections 439(i), 473B, and 477(i) of the Social 
Security Act, and the Assets for Independence Act; and for 
necessary administrative expenses to carry out such Acts and 
titles I, IV, V, X, XI, XIV, XVI, and XX of the Social Security 
Act, the Act of July 5, 1960, the Low-Income Home Energy 
Assistance Act of 1981, title IV of the Immigration and 
Nationality Act, section 501 of the Refugee Education 
Assistance Act of 1980, and section 505 of the Family Support 
Act of 1988, $9,301,111,000, of which $36,500,000, to remain 
available through September 30, 2010, shall be for grants to 
States for adoption incentive payments, as authorized by 
section 473A of the Social Security Act and may be made for 
adoptions completed before September 30, 2009[: Provided, That 
without regard to the fiscal year limitations set forth in 
section 473A of the Social Security Act, from the amounts 
appropriated herein, the Secretary shall pay adoption 
incentives for fiscal year 2008 in the same manner as such 
incentives were awarded in fiscal year 2008 for the previous 
fiscal year]: Provided [further], That $7,112,786,000 shall be 
for making payments under the Head Start Act, of which 
$2,000,000, to remain available through September 30, 2010, 
shall be designated to fund section 657B: Provided further, 
That $746,000,000 shall be for making payments under the CSBG 
Act: Provided further, That not less than $10,000,000 shall be 
for section 680(3)(B) of the CSBG Act: Provided further, That 
in addition to amounts provided herein, $5,762,000 shall be 
available from amounts available under section 241 of the PHS 
Act to carry out the provisions of section 1110 of the Social 
Security Act: Provided further, That to the extent Community 
Services Block Grant funds are distributed as grant funds by a 
State to an eligible entity as provided under the CSBG Act, and 
have not been expended by such entity, they shall remain with 
such entity for carryover into the next fiscal year for 
expenditure by such entity consistent with program purposes: 
Provided further, That the Secretary of Health and Human 
Services shall establish procedures regarding the disposition 
of intangible assets and program income that permit such assets 
acquired with, and program income derived from, grant funds 
authorized under section 680 of the CSBG Act to become the sole 
property of such grantees after a period of not more than 12 
years after the end of the grant period for any activity 
consistent with section 680(a)(2)(A) of the CSBG Act: Provided 
further, That intangible assets in the form of loans, equity 
investments and other debt instruments, and program income may 
be used by grantees for any eligible purpose consistent with 
section 680(a)(2)(A) of the CSBG Act: Provided further, That 
these procedures shall apply to such grant funds made available 
after November 29, 1999: Provided further, That funds 
appropriated for section 680(a)(2) of the CSBG Act shall be 
available for financing construction and rehabilitation and 
loans or investments in private business enterprises owned by 
community development corporations: Provided further, That 
$47,688,000 shall be for a compassion capital fund to provide 
grants to charitable organizations to emulate model social 
service programs and to encourage research on the best 
practices of social service organizations: Provided further, 
That $17,410,000 shall be for activities authorized by the Help 
America Vote Act of 2002, of which $12,154,000 shall be for 
payments to States to promote access for voters with 
disabilities, and of which $5,256,000 shall be for payments to 
States for protection and advocacy systems for voters with 
disabilities: Provided further, That $94,659,000 shall be for 
making competitive grants to provide abstinence education (as 
defined by section 510(b)(2) of the Social Security Act) to 
adolescents, and for Federal costs of administering the grants: 
Provided further, That grants under the immediately preceding 
proviso shall be made only to public and private entities which 
agree that, with respect to an adolescent to whom the entities 
provide abstinence education under such grants, the entities 
will not provide to that adolescent any other education 
regarding sexual conduct, except that, in the case of an entity 
expressly required by law to provide health information or 
services the adolescent shall not be precluded from seeking 
health information or services from the entity in a different 
setting than the setting in which abstinence education was 
provided: Provided further, That information provided through 
such competitive grants for abstinence education shall be 
scientifically accurate and shall comply with section 
317P(c)(2) of the PHS Act: Provided further, That within 
amounts provided herein for abstinence education for 
adolescents, up to $10,000,000 may be available for a national 
abstinence education campaign: Provided further, That in 
addition to amounts provided herein for abstinence education 
for adolescents, $4,455,000 shall be available from amounts 
available under section 241 of the PHS Act to carry out 
evaluations (including longitudinal evaluations) of adolescent 
pregnancy prevention approaches: Provided further, That up to 
$2,000,000 shall be for improving the Public Assistance 
Reporting Information System, including grants to States to 
support data collection for a study of the system's 
effectiveness: Provided further, That $16,910,000 shall be used 
for the projects, and in the amounts, specified under the 
heading ``Children and Families Services Programs'' in the 
explanatory statement described in section 4 (in the matter 
preceding division A of this consolidated Act).

           *       *       *       *       *       *       *

                   Roll Call Votes Taken in Committee

    As required by clause 3(b) of Rule XIII, following are the 
results of the roll call votes taken during committee 
consideration of the bill.

                            ROLL CALL NO. 1

    Date: May 7, 2009
    Measure: Supplemental Appropriations Act, 2009
    Motion by: Mr. Lewis
    Description: To amend the amendment offered by Mr. Obey to 
revise the language in title I for the Pakistan 
Counterinsurgency Fund such that the resulting language would 
match that proposed in the request.
    Result: Rejected, 22 yeas to 36 nays.
        Members Voting Yea            Members Voting Nay
Mr. Aderholt                        Mr. Bishop
Mr. Alexander                       Mr. Boyd
Mr. Bonner                          Mr. Chandler
Mr. Calvert                         Mr. Davis
Mr. Carter                          Ms. DeLauro
Mr. Cole                            Mr. Dicks
Mr. Crenshaw                        Mr. Edwards
Mr. Culberson                       Mr. Farr
Mrs. Emerson                        Mr. Fattah
Mr. Frelinghuysen                   Mr. Hinchey
Ms. Granger                         Mr. Honda
Mr. Kingston                        Mr. Israel
Mr. Kirk                            Mr. Jackson
Mr. Latham                          Ms. Kaptur
Mr. LaTourette                      Mr. Kennedy
Mr. Lewis                           Ms. Kilpatrick
Mr. Rehberg                         Ms. Lee
Mr. Rogers                          Mrs. Lowey
Mr. Simpson                         Ms. McCollum
Mr. Tiahrt                          Mr. Mollohan
Mr. Wolf                            Mr. Moran
Mr. Young                           Mr. Murtha
                                    Mr. Obey
                                    Mr. Olver
                                    Mr. Pastor
                                    Mr. Price
                                    Mr. Rodriguez
                                    Mr. Rothman
                                    Ms. Roybal-Allard
                                    Mr. Ruppersberger
                                    Mr. Ryan
                                    Mr. Salazar
                                    Mr. Schiff
                                    Mr. Serrano
                                    Mr. Visclosky
                                    Ms. Wasserman Schultz

                   Roll Call Votes Taken in Committee

    As required by clause 3(b) of Rule XIII, following are the 
results of the roll call votes taken during committee 
consideration of the bill.

                             ROLL CALL NO. 2

    Date: May 7, 2009
    Measure: Supplemental Appropriations Act, 2009
    Motion by: Mr. Tiahrt
    Description: An amendment to permanently prohibit funds 
from being used for the transfer or release of individuals 
detained at Guantanamo Bay, Cuba into the United States.
    Result: Rejected, 21 yeas to 36 nays.
        Members Voting Yea            Members Voting Nay
Mr. Aderholt                        Mr. Bishop
Mr. Alexander                       Mr. Boyd
Mr. Calvert                         Mr. Chandler
Mr. Carter                          Mr. Davis
Mr. Cole                            Ms. DeLauro
Mr. Crenshaw                        Mr. Dicks
Mr. Culberson                       Mr. Edwards
Mrs. Emerson                        Mr. Farr
Mr. Frelinghuysen                   Mr. Fattah
Ms. Granger                         Mr. Hinchey
Mr. Kingston                        Mr. Honda
Mr. Kirk                            Mr. Israel
Mr. Latham                          Mr. Jackson
Mr. LaTourette                      Ms. Kaptur
Mr. Lewis                           Mr. Kennedy
Mr. Rehberg                         Ms. Kilpatrick
Mr. Rogers                          Ms. Lee
Mr. Simpson                         Mrs. Lowey
Mr. Tiahrt                          Ms. McCollum
Mr. Wolf                            Mr. Mollohan
Mr. Young                           Mr. Moran
                                    Mr. Murtha
                                    Mr. Obey
                                    Mr. Olver
                                    Mr. Pastor
                                    Mr. Price
                                    Mr. Rodriguez
                                    Mr. Rothman
                                    Ms. Roybal-Allard
                                    Mr. Ruppersberger
                                    Mr. Ryan
                                    Mr. Salazar
                                    Mr. Schiff
                                    Mr. Serrano
                                    Mr. Visclosky
                                    Ms. Wasserman Schultz
                   Roll Call Votes Taken in Committee

    As required by clause 3(b) of rule XIII, following are the 
results of the roll call votes taken during committee 
consideration of the bill.

                            ROLL CALL NO. 3

    Date: May 7, 2009
    Measure: Supplemental Appropriations Act, 2009
    Motion by: Mr. Rogers
    Description: An amendment to add $200,000,000 in funding 
for various Federal and local law enforcement and border 
security programs to combat drug cartels and border violence, 
to be offset by a reduction in funds in the Global Health and 
Child Survival, Economic Support Fund, and the 
Nonproliferation, Anti-terrorism, Demining programs accounts.
    Result: Rejected, 22 yeas to 35 nays.
        Members Voting Yea            Members Voting Nay
Mr. Aderholt                        Mr. Bishop
Mr. Alexander                       Mr. Boyd
Mr. Bonner                          Mr. Chandler
Mr. Calvert                         Mr. Davis
Mr. Carter                          Ms. DeLauro
Mr. Cole                            Mr. Dicks
Mr. Crenshaw                        Mr. Edwards
Mr. Culberson                       Mr. Farr
Mrs. Emerson                        Mr. Fattah
Mr. Frelinghuysen                   Mr. Hinchey
Ms. Granger                         Mr. Honda
Mr. Kingston                        Mr. Israel
Mr. Kirk                            Mr. Jackson
Mr. Latham                          Ms. Kaptur
Mr. LaTourette                      Mr. Kennedy
Mr. Lewis                           Ms. Kilpatrick
Mr. Rehberg                         Ms. Lee
Mr. Rogers                          Mrs. Lowey
Mr. Simpson                         Mr. Mollohan
Mr. Tiahrt                          Mr. Moran
 Mr. Wolf                           Mr. Murtha
Mr. Young                           Mr. Obey
                                    Mr. Olver
                                    Mr. Pastor
                                    Mr. Price
                                    Mr. Rodriguez
                                    Mr. Rothman
                                    Ms. Roybal-Allard
                                    Mr. Ruppersberger
                                    Mr. Ryan
                                    Mr. Salazar
                                    Mr. Schiff
                                    Mr. Serrano
                                    Mr. Visclosky
                                    Ms. Wasserman Schultz

                   Roll Call Votes Taken in Committee

    As required by clause 3(b) of rule XIII, following are the 
results of the roll call votes taken during committee 
consideration of the bill.

                            ROLL CALL NO. 4

    Date: May 7, 2009
    Measure: Supplemental Appropriations Act, 2009
    Motion by: Mr. Frelinghuysen
    Description: An amendment to strike various rescissions of 
funds provided in the FY 2009 Defense Appropriations Act for 
fuel costs and other programs proposed in the bill.
    Result: Rejected, 22 yeas to 35 nays.
        Members Voting Yea            Members Voting Nay
Mr. Aderholt                        Mr. Bishop
Mr. Alexander                       Mr. Boyd
Mr. Bonner                          Mr. Chandler
Mr. Calvert                         Mr. Davis
Mr. Carter                          Ms. DeLauro
Mr. Cole                            Mr. Dicks
Mr. Crenshaw                        Mr. Edwards
Mr. Culberson                       Mr. Farr
Mrs. Emerson                        Mr. Fattah
Mr. Frelinghuysen                   Mr. Hinchey
Ms. Granger                         Mr. Honda
Mr. Kingston                        Mr. Israel
Mr. Kirk                            Mr. Jackson
Mr. Latham                          Mr. Kennedy
Mr. LaTourette                      Ms. Kilpatrick
Mr. Lewis                           Ms. Lee
Mr. Rehberg                         Mrs. Lowey
Mr. Rogers                          Ms. McCollum
Mr. Simpson                         Mr. Mollohan
Mr. Tiahrt                          Mr. Moran
Mr. Wolf                            Mr. Murtha
Mr. Young                           Mr. Obey
                                    Mr. Olver
                                    Mr. Pastor
                                    Mr. Price
                                    Mr. Rodriguez
                                    Mr. Rothman
                                    Ms. Roybal-Allard
                                    Mr. Ruppersberger
                                    Mr. Ryan
                                    Mr. Salazar
                                    Mr. Schiff
                                    Mr. Serrano
                                    Mr. Visclosky
                                    Ms. Wasserman Schultz
                   Roll Call Votes Taken in Committee

    As required by clause 3(b) of rule XIII, following are the 
results of the roll call votes taken during committee 
consideration of the bill.

                            ROLL CALL NO. 5

    Date: May 7, 2009
    Measure: Supplemental Appropriations Act, 2009
    Motion by: Mr. Wolf
    Description: An amendment to prohibit funds to transfer or 
release individuals detained at Guantanamo Bay, Cuba into the 
United States prior to October 1, 2009, and to require certain 
plans to be submitted to the Congress regarding the proposed 
disposition of such individuals and the costs associated with 
the closure of Guantanamo Bay.
    Result: Rejected, 20 Yeas to 32 Nays.
        Members Voting Yea            Members Voting Nay
Mr. Alexander                       Mr. Bishop
Mr. Bonner                          Mr. Boyd
Mr. Calvert                         Mr. Chandler
Mr. Carter                          Mr. Davis
Mr. Cole                            Ms. DeLauro
Mr. Crenshaw                        Mr. Edwards
Mr. Culberson                       Mr. Farr
Mrs. Emerson                        Mr. Fattah
Mr. Frelinghuysen                   Mr. Hinchey
Ms. Granger                         Mr. Israel
Mr. Kingston                        Mr. Kennedy
Mr. Latham                          Ms. Kilpatrick
Mr. LaTourette                      Ms. Lee
Mr. Lewis                           Mrs. Lowey
Mr. Rehberg                         Ms. McCollum
Mr. Rogers                          Mr. Mollohan
Mr. Simpson                         Mr. Moran
Mr. Tiahrt                          Mr. Murtha
Mr. Wolf                            Mr. Obey
Mr. Young                           Mr. Olver
                                    Mr. Pastor
                                    Mr. Price
                                    Mr. Rodriguez
                                    Mr. Rothman
                                    Ms. Roybal-Allard
                                    Mr. Ruppersberger
                                    Mr. Ryan
                                    Mr. Salazar
                                    Mr. Schiff
                                    Mr. Serrano
                                    Mr. Visclosky
                                    Ms. Wasserman Schultz
                                    
                                    

   ADDITIONAL VIEWS BY MESSRS. LEWIS, YOUNG, ROGERS, WOLF, KINGSTON, 
   FRELINGHUYSEN, TIAHRT, WAMP, LATHAM, ADERHOLT, EMERSON, GRANGER, 
    SIMPSON, CULBERSON, KIRK, CRENSHAW, REHBERG, CARTER, ALEXANDER, 
                 CALVERT, BONNER, LaTOURETTE, AND COLE

    The fiscal year 2009 Supplemental Appropriations bill to 
address our continuing efforts in the Global War on Terror was 
largely developed in the bipartisan tradition that has been the 
hallmark of Defense-related appropriations bills. The Nation 
remains committed to maintaining the successes our brave troops 
and other deployed personnel have achieved in Iraq. At the same 
time we must ask them to continue their sacrifices in 
Afghanistan and elsewhere. We as a Committee have a 
responsibility to those brave individuals to ensure that they 
have the resources they need when they need them. Despite our 
concerns with the manner in which this bill was considered by 
the Full Committee, including the failure of the Committee to 
adopt amendments that would have improved the bill, we support 
moving this bill forward so that our brave men and women 
engaged in the Global War on Terror have the resources they 
need to be successful.

                            DEFENSE FUNDING

    We believe the Defense section of this bill is a good 
product that provides the needed resources for the Department 
of Defense and the warfighter. In total, it provides $84.5 
billion for the remaining fiscal year 2009 requirements for 
military operations in Afghanistan and Iraq. It was put 
together in the Defense Subcommittee's strong tradition of bi-
partisanship and comity.
    In addition to personnel and operations, the bill provides 
the warfighter with the tools needed to do their job. 
Specifically, it provides $4.9 billion for 1,800 MRAP--All 
Terrain Vehicles. These new, lighter variants are specifically 
designed for the more rugged terrain in Afghanistan. The bill 
also provides $2.25 billion for 8 C-17s and $904 million for 11 
C-130Js. These two planes are performing the vast majority of 
our strategic and infra-theater airlift, many flying well 
beyond their expected annual average flight hours. Funds are 
also included for F-22s, Strykers, Psychological Health and 
Traumatic Brain Injury Research, National Guard and Reserve 
Equipment, and Family Advocacy Programs.
    Despite the bi-partisan nature of the Defense mark, an 
amendment was offered by Ranking Member Young in Full 
Committee. The amendment struck the general provision which 
rescinded $3.0 billion dollars in non-emergency fiscal year 
2009 funds, and instead transferred these unspent fiscal year 
2009 funds to purchase 280 additional MRAP-ATVs, 3 additional 
C-17s, 4 additional C-130Js, and provided just over $1.4 
billion to help address the Department's $2.5 billion Military 
Personnel fiscal year 2009 shortfall, which had not been 
addressed in the Chairman's mark. A substitute amendment to the 
Young amendment was offered by Chairman Murtha which simply 
spent $2.5 billion in new emergency funds to address the 
Military Personnel shortfall. Despite being accepted, the 
Murtha substitute amendment did not, however, strike the 
provision rescinding the $3.0 billion from base fiscal year 
2009 funds. In other words, the Defense fiscal year 2009 
baseline was still reduced by $3.0 billion; a reduction that 
will likely carry forward into the fiscal year 2010 allocation.
    In an attempt to correct this omission, the Frelinghuysen 
amendment moved to simply strike that rescission. Unfortunately 
that amendment, which would have preserved fiscal year 2009 
Defense funding for use by the Department to address billions 
of dollars in valid unfunded Defense requirements, was defeated 
on a party line vote of 22-35. Of equal concern to those of us 
who supported the Frelinghuysen amendment, is that some in the 
Majority may use this $3 billion cut made to the fiscal year 
2009 Defense funding in this bill as a justification to make a 
permanent $3 billion cut to the Defense spending when the 
fiscal year 2010 allocation for the Defense bill is built. We 
continue to oppose this provision and the unjustified reduction 
to the Defense allocation despite valid and critical unfunded 
requirements. We fear that these cuts may be a preview of 
things to come in the FY 2010 appropriations process based on 
the trends in spending we have seen under the Democrat majority 
as indicated in the following chart.


                     NO PLAN FOR CLOSING GUANTANAMO

    The bill Chairman Obey presented to the Committee did not 
include $80 million requested by the Administration related to 
closing the Guantanamo Bay detention facility. We believe the 
Chairman was fully justified in not providing these funds, as 
the Administration has not provided the Congress with a clear 
plan of how the facility will wind down, and most importantly, 
what will be done with the detainees. We as Committee 
Republicans are particularly concerned about inadequate 
planning and unacceptable security risks should detainees be 
released in the U.S. or transferred here for trial or further 
detention. The detainees include individuals that participated 
in the planning and execution of terrorist attacks upon 
America, including 9/11, the attack on the USS Cole, and the 
U.S. Embassy bombings in Nairobi and Dar es Salaam. The 
detainees in question include the following individuals who 
have been identified as the to 10 dangerous terrorists 
currently housed at Guantanamo Bay.


    While the bill does not provide any additional funding to 
close Guantanamo, the majority has not required any planning 
and consultation with Congress, and has done nothing to prevent 
the Departments of Defense and Justice from continuing ongoing 
shutdown activities without further Congressional oversight. 
Right now, the Department of Justice is leading three 
interagency task forces using existing funds. One of these task 
forces is reviewing and making recommendations on whether to 
prosecute, transfer or release each individual at Guantanamo. 
That effort began immediately with the signature of the 
executive order on January 22, and continues today with no 
requirement for Congressional review or input.
    During consideration of the bill, Ranking Member Frank Wolf 
offered an amendment that would have placed a moratorium on 
releasing or transferring any Guantanamo detainees to the U.S. 
until the Administration submits a plan for the disposition of 
each detainee, including how security risks will be addressed, 
and a certification of the consent of Governors and State 
legislatures. In addition, the amendment would have required 
detailed analysis and justification for the full costs of 
closing Guantanamo, including the potentially enormous costs of 
trying and detaining individuals in the U.S., and any financial 
arrangements with other countries agreeing to accept detainees.
    Unfortunately, the Wolf amendment was defeated on a party 
line vote of 20--32. Instead, the Committee adopted a watered-
down version of the language, that only requires the 
Administration to report on what they have done after-the-fact. 
Before Congress gets this report detainees may already be 
transferred to detention centers in the U.S., or even released 
at large into U.S. communities.
    In addition, an amendment was offered by Representative 
Tiahrt to simply prohibit the use of funds to transfer or 
release Guantanamo detainees to the U.S. Again, this amendment 
was defeated on a party line vote 21-36.
    Foreign terrorists trained to carry out mass-casualty 
attacks cannot be released in the United States. They also 
should not be transferred for detention or trial here, nor 
should they be released abroad, without intensive Congressional 
involvement to ensure maximum security and consideration of 
local concerns. By failing to adopt these amendments, we 
believe the Congress is withdrawing from participation in 
arriving at the best policies or how to deal with detainees, 
and rubber-stamping the Administration's ongoing plan to 
release trained terrorists outright if that is what is 
necessary to close Guantanamo by the arbitrary date of January 
22, 2010.

     FORWARD-FUNDING FISCAL YEAR 2010 STATE AND FOREIGN ASSISTANCE 
                              REQUIREMENTS

    The State-Foreign Operations chapter of this bill raises 
some serious concerns about the Democrats' ability to live by 
the budgetary principles they espouse. The bill provides $2.6 
billion more than the President requested in supplemental 
funding for the State Department and foreign assistance. This 
amounts to a 44 percent increase over the request. It is 
difficult to find an explanation for this increase other than 
that the majority is attempting to offload these items in order 
to make headroom for other needs in the fiscal year 2010 bill. 
This offloading of future needs onto this emergency bill is 
done unabashedly, as the Committee report contains numerous 
statements that clearly indicate the intention to fund items 
that are not needed until fiscal year 2010. Is this forward-
funding necessary when the President's fiscal year 2010 budget 
already requests a 42 percent increase for State and 
international programs? We see absolutely no justification for 
the Majority to use this emergency wartime supplemental to 
forward-fund international programs so that they do not have to 
compete for resources in fiscal year 2010 like all other 
discretionary programs.

            COMPLICATING A CRITICAL COUNTERINSURGENCY EFFORT

    The Administration requested $400 million in this bill for 
a Pakistan Counterinsurgency Capability Fund (PCCF) to be 
funded through the Defense Department. This fund will support 
training and equipment for the Pakistan military and security 
forces to bolster their counterinsurgency efforts. Defense 
Secretary Gates has noted that the PCCF will be ``a vital 
element of the President's new Afghanistan-Pakistan 
strategy.''\1\ Secretary Gates has gone even further by stating 
that the Defense Department needs the PCCF to address the 
``unique and urgent circumstances we face in Pakistan--for 
dealing with a challenge that simultaneously requires wartime 
and peacetime capabilities.''\2\ General Petraeus and the U.S. 
Ambassador on the ground have also asked for this authority.
---------------------------------------------------------------------------
    \1\Secretary Gates Testimony Submitted to the Senate Appropriations 
Committee, April 30, 2009.
    \2\Ibid.
---------------------------------------------------------------------------
    We objected to the Chairman's original mark which included 
PCCF in the State Department, instead of the Defense Department 
as requested, and as a result, Chairman Obey offered an 
amendment in Committee markup. Unfortunately, the Chairman's 
amendment missed the mark. Instead of having the Defense 
Department oversee the PCCF, the Chairman's amendment, as 
passed in Committee, serves to do nothing more than complicate 
the implementation of this critical counterinsurgency effort. 
The bill now provides FY09 funds through the Defense 
Department, as requested, and also includes ``advanced'' funds, 
not to be available until the last day of FY09. The intent 
behind this is to take a proven Defense Department program and 
instead require the funds to pass through the State Department 
first creating an unnecessary layer of bureaucracy and likely 
delay in funding for this critical activity. Why should the 
Committee pre-judge whether this shift to the State Department 
is advisable in an FY09 emergency spending bill. Instead we 
believe this change, which is contrary to the Administration's 
own FY10 budget request, should instead be fully vetted as part 
of the FY10 process. Chairman Obey has committed to completing 
appropriations bills on time this fiscal year, a goal we fully 
support. If that is the case, the Committee will have ample 
time to debate the FY10 Defense and State-Foreign Operations 
bills.
    In addition, the State Department has over $1 billion it 
still has not spent for assistance to Pakistan, and some of 
those funds date back to FY07. This raises serious concerns 
about the State Department's ability to execute the PCCF 
quickly and efficiently. Moreover, it is unclear what value, if 
any, the State Department can bring to the urgent requirement 
of strengthening the Pakistan military, especially when the 
Defense Department will actually implement the aid.
    It is clear, however, that a new front in the war against 
terrorism has opened in Pakistan, and we must not hamstring the 
Defense Department's flexibility to work with Pakistan's 
military to address this growing threat. Our belief is shared 
by the Administration, which is why Ranking Member Lewis 
offered an amendment to fund the PCCF within the Defense 
Department as requested by the Administration in both their 
FY09 supplemental request and their FY10 budget request. 
Unfortunately that amendment was rejected on a party line vote 
of 22-36. We continue to believe that the placement of the PCCF 
within the State Department in FY10 is both premature and ill-
advised.

           FUNDS TO COMBAT DRUG SMUGGLING AND BORDER VIOLENCE

    We are baffled that the supplemental includes $470 million 
to help Mexican authorities counter the growing influence and 
violence of their drug cartels, but provides nothing to our 
Federal, State and local law enforcement and border security 
agencies to address this threatening issue on U.S. soil. We 
were disappointed that the Rogers amendment was defeated on a 
party line vote. That amendment would have provided $200 
million in critical resources to U.S. law enforcement agencies 
to address the Mexican drug war spilling over to our side of 
the border. The amendment was carefully offset with a mere 6.6% 
reduction in unrequested foreign assistance and would have left 
in place over $2.8 billion in ``emergency'' foreign aid.
    We believe that the ongoing bloodshed in Mexico and the 
very real threat of spillover violence to U.S. cities is one of 
the most pressing homeland security matters facing our Nation. 
Estimates are that over 7,000 people have been murdered in 
Mexico as a result of the ongoing drug war between cartels and 
Mexican authorities since January 2008. Spillover violence 
connected to drug activity has been documented in Georgia, 
Alabama, and Arizona. This is not to mention that ninety 
percent of the cocaine coming into the U.S., which causes 
incalculable damage to our country and our families, enters the 
United States via Mexico. Unfortunately this pending 
supplemental bill provides no resources to address this 
emerging threat, with the exception of a National Guard 
contingency fund, the uses of which are unclear, and an 
unrelated immigrant resettlement program that hardly 
constitutes counterdrug efforts. The Rogers amendment would 
have met identified operational needs for our law enforcement 
and border agencies, including the DEA, the U.S. Marshals 
Service, and U.S. Attorneys' offices, and advanced interdiction 
and investigation efforts at the Department of Homeland 
Security by the Border Patrol, U.S. Coast Guard, and 
Immigration and Customs Enforcement's border enforcement and 
interdiction units. The amendment also included critical 
funding for local law enforcement activities, including 
Operation Stonegarden. We are disappointed that the Majority 
rejected this amendment on a party line vote of 22-35.

POTENTIAL CHANGES TO THE COMMITTEE'S LONGSTANDING TRADITIONAL PRACTICES

    We are all proud Members of the Appropriations Committee. 
Many of us have served on this Committee for more than 30 
years. We were all drawn to this Committee because we firmly 
believe that the work of this Committee is one of the most 
important responsibilities vested in the United States Congress 
by the Constitution. Equally important, the Committee's 
longstanding tradition of collegiality, comity and bi-
partisanship ensured that this important work was done in a 
fashion that enabled the Committee to produce the best result 
possible for the American people. Over our years of service, we 
have seen this Committee tackle some of the most difficult and 
controversial issues faced by the Nation, issues on which 
Members often held principled but differing views.
    In the past, it had been a point of pride to the Committee 
membership that regardless of which party controlled the gavel, 
even on the most controversial issues, each Committee Member 
was allowed the opportunity to offer his amendment freely, have 
his voice heard, and have his amendment voted on directly. If 
during the course of Committee debate, the Committee membership 
determined that an alternative amendment was preferable, that 
alternative was developed based on bi-partisan negotiations 
with the goal of securing a compromise that was satisfactory to 
all interested parties. If agreement was not possible, the 
Committee Member was allowed a free and fair vote on his 
amendment. This trust and confidence that the Member's 
prerogative to offer and debate their amendments in a fair and 
open process has also enabled our very capable professional 
staff on both sides of the aisle to freely share information 
with one another in an attempt to forge compromise where 
possible, and where not, to fully inform the Members for the 
Committee's debate.
    All of these factors have been both reflections and 
hallmarks of the very best traditions of this Committee. These 
traditions stressed due consideration of every Member's voice 
in an informal and collegial legislative process rather the 
unnecessary parliamentary gamesmanship that has so often 
plagued other Committees. It is only because of this open and 
informal collegial process that the Committee has been able to 
successfully complete its enormous workload in an expeditious 
fashion and produce legislation reflecting the best interests 
of the country.
    Many of us have been concerned for some time that the 
Committee's longstanding traditions were not being followed. 
Last week's Full Committee markup of the supplemental indicates 
that the Committee may be on the cusp of abandoning those 
traditions and practices that have distinguished this Committee 
from all others in the Congress.
    During the supplemental markup, the Chairman stated that he 
wanted to see amendments in advance of their consideration. 
However, when we shared those amendments as a courtesy with the 
Majority, they chose to use our courtesy against us to engage 
in parliamentary maneuvers which thwarted our Members from 
having votes on their amendments. This unfortunately was not 
the first time this has occurred. As a result of this 
parliamentary gamesmanship, many of us have been reluctant to 
freely share our amendments with the Majority in advance of the 
markup due to a lack of confidence in our ability to be able to 
freely offer those amendments at the markup. We find this trend 
deeply regrettable. We hope that moving forward this situation 
can be reversed.
    We share the Majority's goal to complete our work 
expeditiously and in regular order. We believe that moving 
toward a more formal legislative process in Committee will 
likely hinder the Committee's ability to complete its important 
work quickly. Like the Chairman, we fervently hope that fiscal 
year 2010 will not represent the fourth year in a row that the 
Committee has failed to consider its bills in regular order. We 
hope that as we begin consideration of our important work the 
Committee will return to the open and collegial legislative 
process that all Members can trust will protect their right to 
have their views and ideas considered. It is our belief that 
failure to do so not only does a tremendous disservice to all 
Committee Members, but to the fine traditions of the Committee 
itself, and ultimately the American public.
    Despite our concerns with the manner in which this bill was 
considered by the Committee and the failure of the Committee to 
adopt the amendments we offered, we support moving this bill 
forward so that our brave men and women engaged in the Global 
War on Terror have the resources they need to be successful.

                                   Jerry Lewis.
                                   Harold Rogers.
                                   Jack Kingston.
                                   Todd Tiahrt.
                                   Tom Latham.
                                   Jo Ann Emerson.
                                   Michael Simpson.
                                   Mark Kirk.
                                   Bill Young.
                                   Frank Wolf.
                                   Rodney P. Frelinghuysen.
                                   Zach Wamp.
                                   Robert B. Aderholt.
                                   Kay Granger.
                                   John Culberson.
                                   Ander Crenshaw.
                                   Dennis Rehberg.
                                   Rodney Alexander.
                                   Jo Bonner.
                                   Tom Cole.
                                   John Carter.
                                   Ken Calvert.
                                   Steven LaTourette.

                    ADDITIONAL VIEWS OF TODD TIAHRT

    When approaching vital national security issues, Congress 
has historically acted in a prudent, bipartisan manner to 
ensure that the interests of the American people are protected. 
Unfortunately, in a straight party-line vote, Democrats 
rejected my amendment to prevent terrorists currently held at 
Guantanamo Bay, Cuba, from coming to the United States. More 
concerning was the constant belittling of the importance of 
this debate by the majority. Whether or not terrorists are 
brought to the United States is indeed an important debate, and 
our constituents deserve to know where we stand. As the 
people's representatives, it is our job to stand up to the 
administration and honor their wish that terrorists not be 
brought to the United States.
    I applaud the Committee for removing the $80 million 
requested by the administration for an indeterminate plan to 
bring an undefined number of terrorists to the United States 
and close the detention facility at Guantanamo Bay. Nothing in 
this bill, however, will prevent the administration from 
releasing terrorists in America's neighborhoods. Unless 
Congress takes preventive actions, the Obama administration 
will bring dangerous terrorists to our shores.
    I do not want terrorists to come to Fort Leavenworth, 
Kansas, or any American town. Bringing detainees to Fort 
Leavenworth would conflict with its primary mission of being 
the educational center of the Army and is impractical from a 
facilities and logistical perspective. Most importantly, it 
would place the citizens of Leavenworth, Johnson County, and 
the greater Kansas City metro area at unnecessary risk. It is 
ironic that as the Department of Homeland Security works hard 
to prevent terrorists from crossing our borders; our own 
government would bring proven terrorists directly to our 
streets.
    The Obama administration has already authorized the release 
of 30 detainees from Guantanamo Bay to the United States. 
Dennis Blair, the Director of National Intelligence, has said 
further that these terrorists should receive welfare benefits: 
``If we are to release them in the United States, we need some 
sort of assistance for them to start a new life. You can't just 
put them on the street.''
    One of those terrorists currently at Guantanamo Bay is Abu 
Zubaydah. He was an operations planner and senior facilitator 
for al-Qaeda operatives. He arranged for terrorists to travel 
from Afghanistan to Chechnya and Bosnia in the late 1990s and 
oversaw training camps in Afghanistan between 1995 and 2000. 
Zubaydah was plotting an attack in Israel at the time of his 
capture.
    Also held at Guantanamo Bay is Ramzi Binalshibh, a key 
facilitator of the attacks of September 11, 2001. He tried and 
failed to obtain a visa to enter the United States to take part 
as a pilot-hijacker. He wasn't dissuaded from his goal and at 
the time of his arrest he was plotting to hijack and crash 
aircraft into Heathrow Airport in London.
    Khalid Sheikh Mohammed has been held at Guantanamo Bay 
since September 2006. The mastermind of the September 11th 
attacks and a senior al-Qaeda leader, Mohammed first proposed 
that horrific plot to Osama bin Laden in 1996. He is also 
responsible for several other horrifying plots such as: the 
virtually simultaneous in-flight bombings of 12 commercial 
airliners flying routes between Asia and the United States, the 
Bali nightclub bombings, the failed bombing of American 
Airlines Flight 63, and the murder of Daniel Pearl. At the time 
of his capture in 2003, he was plotting further attacks against 
the United States and United Kingdom.
    These are just three of the terrorists the Obama 
administration wants to bring here. Today there are 241 
hardened terrorists who have killed and/or plotted to kill 
Americans being held at Guantanamo Bay. These terrorists are 
among the most dangerous people in the world.
    During the debate there were arguments that the detainees 
housed at Guantanamo Bay are not really terrorists, but 
innocent civilians. It is dangerous not to understand that 
these are unrepentant terrorists determined to pursue their 
long-held violent goals. We know that over 60 of the detainees 
already released from Guantanamo Bay have returned to a life of 
terrorism, such as Maulvi Abdul Ghaffar. He was captured in 
early 2002 and held at Guantanamo Bay for eight months. Upon 
his release, Ghaffar became the Taliban's regional commander in 
Uruzgan and Helmand provinces, carrying out attacks on U.S. and 
Afghan forces.
    In September, Saeed Shihri was responsible for an attack on 
the U.S. embassy in Yemen that killed nearly a dozen people. 
This was barely a year after he was released from Guantanamo 
Bay.
    Abdallah Salih al-Ajmi, a Kuwaiti, was repatriated from 
Guantanamo in 2005, and transferred into Kuwaiti custody. After 
he was acquitted of terrorism charges in Kuwait, he committed a 
successful suicide attack in Mosul, Iraq on March 25, 2008.
    Ibrahim Shafir Sen was transferred from Guantanamo Bay to 
Turkey in November 2003. In January 2008, Ibrahim Shafir Sen 
was arrested in Van, Turkey, and charged as the leader of an 
active al-Qaida cell.
    Make no mistake, the detainees at Guantanamo Bay are 
terrorists who whole-heartedly believe it is their duty to 
bring harm to Americans. We have treated them humanely, better 
even than American criminals, and built state-of-the-art 
facilities to house, feed, care for and even try them in 
military tribunals. There are no facilities in the United 
States that meet the standards at Guantanamo Bay, even if 
Americans wanted to have terrorists in their neighborhoods.
    Bringing terrorists to the United States will place our 
people and communities at risk. I hope Congress reconsiders 
this action and places appropriate restrictions on the 
administration to prevent terrorists from being brought and 
released into the United States.

                                                       Todd Tiahrt.